# CHAPTER 2

# ELECTRONICS AND INFORMATION TECHNOLOGY ACCESSIBILITY

# TABLE OF CONTENTS

2.001 Purpose

2.002 Scope

2.003 References

2.004 Definitions

2.005 Policy

2.006 Responsibilities

2.007 Undue Burden Claims

2.008 Enforcement/Complaint Process

2.009 Assessments of Departmental Web sites

2.010 Section 508 vs. Section 501/Section 504 (Reasonable
Accommodations)

2.011 Application to other Federal Laws

**2.001 Purpose**

This chapter establishes policy and responsibilities for ensuring
accessibility of the Department of Transportation's (DOT) electronic and
information technology (EIT).

Section 508 of the 1973 Rehabilitation Act was amended in 1998 to
require Federal agencies to ensure that any time the Government
maintains, procures, develops, or uses EIT that it is accessible to
persons with disabilities. Both Federal employees with disabilities and
members of the public seeking information or services from the Federal
government must have comparable access to the government's electronic
and information technology. Section 508 focuses on whether mainstream
EIT products meet the Access Board\'s Section 508 Standards ([36 CFR
Part
1194](http://www.section508.gov/index.cfm?FuseAction=Content&ID=12)),
even if an agency has not identified employees or members of the public
with disabilities who will be using the EIT.

**2.002 Scope**

The provisions of this chapter apply to all Departmental EIT developed,
procured, maintained, or used by DOT organizations on or after June 21,
2001. Unless an exception applies, acquisitions of EIT supplies and
services must meet the applicable accessibility standards at [36 CFR
Part
1194](http://www.section508.gov/index.cfm?FuseAction=Content&ID=12)**.**

EIT subject to the Section 508 technical standards include:

A.  Software applications and operating systems.

B.  Web-based information or applications.

C.  Telecommunication products.

D.  Video and multimedia products.

E.  Self-contained, closed products. Examples include information
    kiosks, information transaction machines, copiers, printers,
    calculators, fax machines, and similar types of products.

F.  Desktop and portable computers. Examples include keyboards and other
    mechanically operated controls, touch screens, use of biometric
    forms of identification, and ports and connectors.

G.  Information, documentation, and support. Examples include user
    guides, installation guides for end-user installable devices, and
    customer support and technical support communications.

Exceptions:

A.  Imposes an undue burden on the agency (FAR 39.204(e) and 36 CFR
    section 1194.2). See Section 2.006 below.

B.  Is a National Security System (FAR 39.204(b) and 36 C.F.R. section
    1194.3(a)).

C.  Is acquired by a contractor incidental to a contract (FAR 39.204(c)
    and 36 C.F.R. section 1194.3(b)).

D.  Is located in a space frequented only by service personnel for
    maintenance, repair, and occasional monitoring of equipment. (FAR
    39.204(d) and 36 C.F.R. section 1194.3(f)).

E.  Imposes a fundamental alteration in the nature of an EIT product or
    its components. (36 C.F.R. section 1194.3(e)).

F.  Is commercially unavailable. If commercially unavailable, the
    requiring official must document in writing the nonavailability,
    including a description of market research performed and which
    standards cannot be met, and provide documentation to the
    contracting officer for inclusion in the contract file (FAR
    39.204(e)(2)(ii)).

Equivalent Facilitation:

Nothing in this part is intended to prevent the use of designs or
technologies as alternatives to those prescribed in this part provided
they result in substantially equivalent or greater access to and use of
a product for people with disabilities. Example includes using TTY or a
Relay Service to substitute for telephone support as a substantial
equivalent to real-time help desk support or information retrieval. A
substantially less equivalent method would be the use of a delayed
method of help desk support or information retrieval such as e-mail when
telephone support is offered.

2.003 References

-   [Section 501 of the Rehabilitation
    Act](http://www.section508.gov/index.cfm?FuseAction=Content&ID=17)

-   [Section 504 of the Rehabilitation
    Act](http://www.section508.gov/index.cfm?FuseAction=Content&ID=15)

-   [Section 505 of the Rehabilitation
    Act](http://www.section508.gov/index.cfm?FuseAction=Content&ID=18)

-   [Section 508 of the Rehabilitation Act (29 U.S.C. 794d), as amended
    by the Workforce Investment Act of 1998 (P.L. 105-220): Electronic
    and information Technology Accessibility for Persons with
    Disabilities](http://www.section508.gov/index.cfm?FuseAction=Content&ID=14)

-   [Americans with Disabilities Act
    (ADA)](http://www.usdoj.gov/crt/ada/pubs/ada.txt)

-   [Section 255 of the Telecommunications Act of
    1996](http://www.fcc.gov/telecom.html)

-   [Telecommunications Act Accessibility Guidelines (Published in the
    *Federal Register* February 3, 1998) 36 CFR Part
    1193](http://www.access-board.gov/telecomm/rule.htm)

-   [Assistive Technology Act of
    1998](http://www.section508.gov/docs/AT1998.html)

-   [EEOC Procedures for Providing Reasonable Accommodation for
    Individuals With Disabilities (February 9,
    2001)](http://www.eeoc.gov/policy/docs/accommodation.html)

-   [Electronic and Information Technology Accessibility Standards
    ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
    \[Published in the *Federal Register* on December 21, 2000\] 36 CFR
    Part 1194](http://www.access-board.gov/sec508/standards.htm)

-   [Federal Acquisition Regulation Part 39, Information
    Technology](http://www.acqnet.gov/far/current/html/FARTOCP39.html#wp223485)

-   [Transportation Acquisition Regulation Part
    1239](http://www.dot.gov/ost/m60/tamtar/part1239.htm)

-   [Transportation Acquisition Manual
    1239](http://www.dot.gov/ost/m60/earl/chap1239.htm)

**2.004 Definitions**

-   **Alternate Methods** are different means of providing information,
    including product documentation, to people with disabilities. The
    term may include, but is not limited to, voice, fax, relay service,
    TTY, internet posting, captioning, text-to-speech synthesis, and
    audio description.

-   **Assistive Technology** is any item, piece of equipment, or system,
    whether acquired commercially, modified, or customized, that is
    commonly used to increase, maintain, or improve functional
    capabilities of individuals with disabilities.

-   **Disability** is a physical or mental impairment that substantially
    limits one or more major life activities.

-   **Electronic and Information Technology (EIT)** is information
    technology (IT), as defined by [The Access
    Board](http://www.access-board.gov/) (at
    [http://www.access-board.gov](http://www.access-board.gov/)) at 36
    CFR 1194.4 and by FAR 2.101, and any equipment or interconnected
    system or subsystem of equipment that is used in the creation,
    conversion or duplication of data or information.

-   **Electronic and Information Technology (EIT) Accessibility** is
    accessing information on the Web and also includes a person\'s
    ability to use: the intranet, computers, telephones, copiers,
    printers, fax machines and kiosks.

-   **Fundamental Alteration** is incorporating accessibility features
    into a product that alters the product in such a way as to reduce
    substantially the functionality of the product, to render some
    features inoperable, to impede substantially or deter use of the
    product by individuals without the specific disability the feature
    is designed to address, or to alter substantially and materially the
    shape, size or weight of the product.

-   Information Technology is any equipment or interconnected system or
    subsystem of equipment that is used in the automatic acquisition,
    storage, manipulation, management, movement, control, display,
    switching, interchange, transmission, or reception of data or
    information. The term includes computers, ancillary equipment,
    software, *firmware and similar programs* or routines, services
    (including support services), and related resources.

-   Mainstream electronic and IT products are those that are commonly
    used and commercially available.

-   **Requiring Officials** are personnel who request EIT.

-   **Contracting Officers** are personnel who acquire EIT

-   **Undue Burden Advisory Board (UBAB)** is the Departmental Board
    established to review, analyze, and make recommendations advising on
    complex issues where undue burden is raised as a defense to
    procuring, developing, maintaining, or using EIT that is not
    accessible.

-   **Undue Burden Report** is a written report issued by the UBAB
    summarizing the relevant facts, law, policy, and other relevant
    items and containing a recommendation that undue burden does or does
    not exist.

-   **Undue Burden** means "significant difficulty or expense" when
    considering "all agency resources available" to the program or
    component for which the product is being developed, procured,
    maintained, or used.

**2.005 Policy**

DOT will develop, procure, maintain, and use electronic and information
technology in accordance with EIT accessibility standards for
individuals with disabilities published by the Architectural and
Transportation Barriers Compliance Board ([Access
Board](http://www.access-board.gov/508.htm)) on December 21, 2000. These
standards are enforceable as of June 21, 2001. Where the Department
cannot meet the EIT standards because of an undue burden, we will
accommodate access to EIT by other methods. DOT policy further
encourages all DOT organizations to make applications developed prior to
June 21, 2001, which continue to be in use and maintained after June 21,
2001, compliant where practicable.

In addition, the Access Board standards have been included in the
Federal Acquisition Regulation (FAR) and are to be included into the
acquisition regulations of all DOT organizations not covered by the FAR.
[Section 508 Federal Acquisition Regulation (FAR)
rule](http://www.section508.gov/index.cfm?FuseAction=Content&ID=13) (at
<http://www.section508.gov/index.cfm?FuseAction=Content&ID=13>) is
enforceable as of June 25, 2001. This rule states that all contracts
awarded after June 25, 2001, must meet Section 508 standards, except
indefinite-delivery indefinite-quantity (IDIQ) contracts. For IDIQ
contracts, the FAR rule is applicable to delivery orders or task orders
issued on or after June 25, 2001.

**2.006 Responsibilities**

Successful implementation of Section 508 requires the support of each
and every DOT employee who is involved in the design, development,
procurement, or use of electronic and information technology (EIT). All
employees should understand the requirements of Section 508 and how they
may apply to their business operations and processes.

Each DOT Operating Administration and Secretarial Office should appoint
a Section 508 Coordinator for organizing and supporting the
implementation of Section 508 within their respective organization. The
508 Coordinator serves as the central point of contact for information
concerning accessibility issues and solutions.

Responsibility for implementing DOT policies regarding EIT accessibility
for DOT employees and individuals with disabilities regarding Section
508 of the Rehabilitation Act, as amended, lies with the following
officials and may be delegated as deemed appropriate:

I.  [Departmental Chief Information Officer
    (CIO)](http://cio.ost.dot.gov/) is responsible for

    A.  Overseeing the Department's EIT program and establishing IT
        policy.

    B.  Ensuring the Department's compliance with Section 508.

    C.  Providing Section 508 status reports for the Department of
        Justice and Congress.

    D.  Serving as Chair to the DOT Undue Burden Advisory Board (UBAB).

    E.  Reviewing and approving products for 508 compliance, as a part
        of enterprise architecture.

II. [Office of the Senior Procurement Executive,
    OST](http://www.dot.gov/ost/m60/) is responsible for

    A.  Providing guidance to DOT procurement offices to implement the
        EIT requirements of the [Federal Acquisition
        Regulation](http://www.arnet.gov/far/ha_far.html) (at
        <http://www.arnet.gov/far/ha_far.html>) 48 CFR Parts 2, 7, 10,
        11, 12, and 39 \[FAC 97-27; FAR Case 1999-607\], published in
        the Federal Record on April 25, 2001.

    B.  Participating on the DOT Undue Burden Advisory Board (UBAB) as a
        voting member.

III. **Assistant General Counsel for Environmental, Civil Rights, and
     General Law** is responsible for

     A.  Analyzing and providing advice on questions of law involving
         Section 508.

     B.  Reviewing on behalf of the Secretary of Transportation all
         determinations that invoke undue burden as a defense,
         explanation, or exemption to providing accessible electronic
         and information technology, as set forth by the applicable
         laws, including 36 C.F.R. Part 1194.

     C.  Communicating policies from the Secretary of Transportation to
         the Undue Burden Advisory Board (UBAB) on Section 508 issues.

     D.  Participating on the Undue Burden Advisory Board (UBAB) as a
         voting member.

IV. [Departmental Office of Civil Rights,
    OST](http://www.dot.gov/ost/docr/) is responsible for

    A.  Accepting and investigating employment discrimination complaints
        filed by Federal employees and applicants for employment at the
        Department alleging a failure to comply with Section 508
        consistent with the procedures at 49 CRF Part 1614.

    B.  Providing guidance on other accessibility related laws and
        regulations (i.e., Sections 501 and 504 of the Rehabilitation
        Act of 1973, as amended; and the Americans with Disabilities Act
        (ADA)).

    C.  Participating on the Undue Burden Advisory Board (UBAB) as a
        non-voting member.

V.  [Office of the Assistant Secretary for Transportation
    Policy](http://ostpxweb.dot.gov/) is responsible for

    A.  Analyzing and providing advice on transportation policy
        development, coordination, and evaluation with regard to Section
        508 accessibility.

    B.  Participating on the Undue Burden Advisory Board (UBAB) as a
        non-voting member.

VI. **Heads of Operating Administrations and Secretarial Offices** are
    responsible for

    A.  Establishing a Section 508 program to ensure their organization
        complies with the [**Access Board\'s Section 508 standards (36
        CFR Part 1194)**](http://www.section508.gov/final_text.html) for
        procuring, developing, maintaining, and using EIT that will be
        accessed by both employees and members of the public. All
        procurements after June 21, 2001, must comply with the Section
        508 standards unless an exception applies or an undue burden can
        be documented.

    B.  Designating a point of contact for the coordination and
        implementation of Section 508 standards throughout their
        organization.

    C.  Supporting and cooperating with DOT efforts to monitor Section
        508 compliance.

VII. **Operating Administrations CIO's** are responsible for

     A.  Providing EIT guidance and assistance to their organization
         regarding implementation of Section 508 of the Rehabilitation
         Act, as amended.

     B.  Evaluating and reporting on the programmatic and technical
         compliance of their agency to the Departmental CIO as required.

     C.  Reviewing and approving the purchase of products for 508
         compliance.

VIII. **DOT's Disability Resource Center (DRC),** is responsible for

      A.  Advising the Departmental CIO on matters involving assistive
          technologies.

      B.  Participating on the Undue Burden Advisory Board (UBAB) as a
          non-voting member and coordinating UBAB input from employee
          groups representing individuals with disabilities on specific
          issues raised with the UBAB.

IX. **DOT Requiring Officials and Contracting Officers**

Acquisition of EIT that meets the applicable technical provisions of the
Access Board's standards is the shared responsibility of requiring
activity officials and contracting officials.

A.  *Requiring activity officials* (i.e., officials in the program
    office or organization that are funding and acquiring the EIT) are
    responsible for

    1.  identifying applicable technical provisions of the Access
        Board's standards in their requirements documents;

    2.  conducting market research to identify what products, if any,
        are available to meet those provisions or whether an exception
        applies;

    3.  drafting specifications;

    4.  documenting undue burden determinations; and

    5.  Obtaining the approval signature of the OA CIO or his/her
        designee and the approval documents, including commercial
        unavailability, for submission to the contracting official and
        inclusion in the contract file.

B.  *Contracting officials* are responsible for pursuing effective
    acquisition strategies for acquiring EIT.

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X.  **The Disability Law Coordinating Council** and its members are
    responsible for

    A.  Providing a consensus on Departmental interpretations of the
        Americans with Disabilities Act, sections 501, 504 and 508.

    B.  Reviewing and seeking consensus on OA interpretations, guidance
        and policies concerning the Department\'s disability related
        statutes and regulations.

    C.  Reviewing letters, manual, questions and answers, policy
        statements and other written information developed by the
        Department for internal distribution or external publication.

XI. **DOT Employees** are responsible for:

    A.  Assuring that all EIT in the area of responsibility conforms to
        the provisions of the standards, unless exempted. This includes
        incorporating accessibility provisions into software development
        lifecycles, whether procured from outside sources or developed
        in-house.

    B.  Contacting their Section 508 Coordinator for information
        concerning accessibility issues within their organization.

**2.007 Undue Burden Claims**

The provisions of Section 508 cover federal employees and members of the
public seeking information from the government, unless an undue burden
can be established. An undue burden is defined as a "significant
difficulty or expense." See 36 C.F.R. section 1194.4 (2000). In making
the "undue burden" assessment of EIT, a Department or agency is
obligated to "consider all agency resources available to the program or
component for which the product is being developed, procured,
maintained, or used." Further, the law provides that when compliance
with Section 508 "imposes an undue burden, agencies shall provide
individuals with disabilities with the information and data involved by
an alternative method of access that allows the individual to use the
information and data." 29 C.F.R. section 1194.2(a)(1) (2000).

For the DOT, approval of undue burden claims resides with the Secretary
of the Department of Transportation. The Secretary established an Undue
Burden Advisory Board ("UBAB" or "Board") to review, analyze, and make
recommendations advising on complex issues where undue burden is raised
as a defense to procuring, developing, maintaining, or using EIT that is
not accessible. The Board is made up of three voting members that
include the Chief Information Officer, the Senior Procurement Executive
and the Assistant General Council for Environmental, Civil Rights and
General Law or designee and non-voting representatives from the Office
of the Assistant Secretary for Transportation Policy, DOT's Disability
Resource Center, Departmental Office of Civil Rights and the various DOT
disability organizations. When the head of an Operating Administration
or Secretarial Office makes an initial determination to raise "undue
burden" as an exception to the legal requirements of Section 508, the
organization's initial determination may be brought to Board for review.
Alternatively, he or she may direct their undue burden findings directly
to the Secretary or Secretary's designee.

\[Note: If, at any time, a Section 508 "undue burden" issue arises
within the Department, regardless of whether a formal Section 508
complaint has been filed and regardless of whether there is or has been
an informal request for access to electronic and information technology,
a Departmental employee may request guidance from the UBAB.\]

To submit undue burden claims, each DOT Operating Administration or
Secretarial Office must first fully evaluate all undue burden issues and
consider all agency resources available to the program or component for
which the product is being developed, procured, maintained, or used.
Undue burden claim submissions to the UBAB must include the following:

A.  A thorough rational explanation why and to what extent compliance
    with each provision of 36CFR Part 1194 creates an undue burden for
    the EIT being procured.

B.  All data and findings from the requiring official, including
    difficulty of compliance, dollar value of the acquisition, market
    research performed and all costs associated with an alternative
    means of access that will be provided for individuals with
    disabilities to use the information or data.

The Board shall, as appropriate, review, analyze, and make a
recommendation in order to advise on a complex issue where undue burden
is being considered as a defense to procuring, developing, maintaining,
or using EIT that is not accessible.

The Board shall review the initial undue burden determination and make
the appropriate written recommendation in the form of an "Undue Burden
Report." This report shall be in writing, shall summarize the relevant
facts, law, policy, and other material items, and shall contain a final
determination as to whether undue burden exists. The written
determination of the Board shall be submitted to the head of the
operating administration or the designee of one of these officials, who
may reconsider the initial undue burden determination. The Board's undue
burden report and the final determination shall then be submitted to the
Secretary or designated appointee for approval or disapproval of the
Board's recommendation or make such modifications as appropriate.

**2.008 Enforcement/Complaint Process**

The enforcement provision of Section 508, i.e., the right to file
private lawsuits in Federal district court or submit an administrative
complaint by an agency employee, applies only when a Federal agency
procures goods or services. The law is not retroactive; it is
enforceable only for items/services procured after the effective date,
June 21, 2001.

When an employee or a member of the public with a disability files a
complaint with the DOT claiming a DOT procurement is not in compliance,
the process for handling that complaint will follow already established
procedures.

The procedures for employees or applicants who have filed a Section 508
complaint are designed to parallel the Department's EEO process for
complaints of employment discrimination. See 29 C.F.R. Part 1614 (2001).

The procedures for members of the public who have filed a Section 508
complaint are designed to supplement the Department's Section 504
complaint procedures. See 49 C.F.R. Section 28.170.

Individuals may also file a civil action against the DOT to seek
injunctive relief and reasonable attorney's fees (but not compensatory
or punitive damages).

**2.009 Assessments of Departmental Web sites**

All websites, that have been procured, maintained, developed, or
modified after June 21, 2001, will be verified for Section 508
compliance using an enterprise Section 508 web compliance checking
application. The Project Manager, for each website, should submit to S80
the following information pertaining to the site: the name of the
Operating Administration, the site name, URL, Project Manager's name and
e-mail address, Section 508 Coordinator name and e-mail address.

**2.010 Section 508 vs. Section 501/Section 504 (Reasonable
Accommodations)**

Section 508 cannot be fully grasped without a basic understanding of
Sections 501 and 504 of the Rehabilitation Act. These sections contain
general prohibitions of disability-based discrimination and generally
require federal agencies and departments to provide reasonable
accommodations to qualified persons with disabilities, including
employees and members of the public, upon request. \"Reasonable
accommodations\" are not one-size-fits-all responses to disability
access issues. Instead, they are measures carefully tailored to meet the
needs of an individual with a disability to enable him or her to
accomplish a particular job or participate in a specific program.
Section 508 is \"technology-centered\" and focuses on whether mainstream
EIT products meet the Access Board\'s Section 508 Standards, whether or
not an agency has employees with disabilities or serves members of the
public with disabilities. The reasonable accommodation provisions of
sections 501 and 504 are \"person-centered\" and focus on how an
individual\'s disability should be accommodated in a particular setting.

As the Access Board\'s Section 508 Standards cannot ensure that all EIT
will be universally accessible to all people with disabilities,
reasonable accommodations will always be required in some instances. In
some instances, people with disabilities may not need accommodations at
all, as the underlying technology will be fully accessible to them.

Each Web site shall include a page with instructions on how to request
information in alternate formats, or shall include that information on
the contact page, which is accessible from the homepage.

2.011 Application to other Federal Laws

This policy shall not be construed to limit any right, remedy, or
procedure otherwise available under any provision of Federal law that
provides greater or equal protection for the rights of individuals with
disabilities.