# Presentation: 735198

## Section 508

- Survived Year One, on to Year Two
- Reviewing the Process, Lessons Learned, and What to Expect

## What is Section 508?

- Part of  the 1973 Rehabilitation Act.
- Provides same level of access to those with disabilities as to those without.
- Effective June 21, 2001.
- A law with definitive legal teeth.
- Includes development, procurement, use and maintenance of EIT HW and SW.

## Frequent Section 508 Questions

*Q.  What is difference between Sections 501/504 and 508?*
*Q.  Does Section 508 include contractors?*
*Q.  What does the “E” stand for in EIT?*
*Q.  If you have no disabled employees, does your procurement/system still have to be compliant?*

## Important Points to Remember

- Only pertains to EIT procurements that people can interface with.
- Grandfather clause.
- EIT procurements under $2500
- Only Federal Agencies responsible for compliance; contractors are not liable no matter what they claim, sign or agree to.

## More Section 508 Questions

*Q.  Does additional memory for a PC have to be compliant?  Why?*
*Q.  What about a modem?*
*Q.  What about paper or paper documents?*
*Q.   Can you release a product that is not totally compliant and fix it later?*
*Q.  Does annual SW maintenance agreement have to be compliant?  Why?*

## Accessibility Tools (AT)

*Q.  What are the USPTO baseline AT?*
*Q.  Why have an AT baseline?*
*Q.  Who is responsible to ensure that the AT work with your system?*
*Q.  Does every PC have to have AT on it?*
*Q.  If JAWS can not read your system, does that mean it is not compliant?  Why?*

## Different Areas of 508

- We will be discussing the following Section 508 areas:
- Procurement
- Software Development
- Internet and Intranet
- Each has its own process and checklist.

## Procurement Dissecting the Standards

- Standards consist of three subparts.
- Subpart B – technical standards for six categories of products.
- Subpart C – functional performance criteria (if not covered by Subpart B).
- Subpart D – Information and documentation requirements.

## Procurement Processing a Request

- Determine your functional requirements.
- Identify only those products that meet your functional requirements.
- Test those products for compliance.
- Complete a *Procurement Checklist for Section 508 Compliance.*
- Attach checklist with requisition.
*Q  Do you need to submit a 508 checklist if the product is exempt?*

## ProcurementExemptions

- No such 508 creature as *waiver* or *deferred.*
- Back office.
*Q.*  *When is a server not a back office exemption? *
- Fundamental alteration.
*Q.  Is a bar code reader exempt?  *
- Commercially non-available.  At time of purchase.
- Undue burden...a real burden to process!
- Support service and maintenance agreements.

## ProcurementStandards

- Six categories of standards in Subpart B
- Software applications and operating systems
- Web-based information and applications
- Telecommunication products
- Video and multimedia products
- Self-contained, closed products
- Desktop and portable computers

## ProcurementStandards

- When selecting the appropriate category, remember that more than one category can apply and not all standards are applicable.
*How many categories are applicable for:*
*PC or laptop?*
*Desktop printer?*
*High speed printer?*
- Always check Subpart D.

## ProcurementEvaluating

- Use checklist in *Instructions* for evaluating.
- _Never_ send vendor first 3 pages of *Instructions*.
- There are normally two pages per category in the *Instructions.*  First page is the standards in plain English.  Second page is a checklist for evaluating the standards.
- Have vendor complete checklist.  Do not accept a *yes* or *meet standard *explanation.  Need detailed answer*.      *
*Q.  Why?*

## ProcurementSelecting a Vendor – Multi Sources

| Category of Standards | 
Product A | 
Product B | 
Product C |
| --- | --- | --- | --- |
| Standard 1 | Compliant | Compliant |  |
| Standard 2 | Compliant
 | Compliant | Compliant |
| Standard 3 |  | Compliant | Compliant |
| Standard 4 |  |  | Compliant |
| Standard 5 | Compliant | Compliant |  |
| Total | 3 | 4 | 3 |

## Procurement Multi Source Selection

- Determine which product meets most standards *at time of purchase*.
- Must procure the product that best meets your function specifications and is the most compliant.
- Commercially non-available requirements.

## ProcurementSelecting a Vendor – Sole Source

| Category of Standards | Product A  
Sole Source | 
Product B | 
Product C |
| --- | --- | --- | --- |
| Standard 1 | Compliant | Compliant |  |
| Standard 2 | Compliant
 | Compliant | Compliant |
| Standard 3 |  | Compliant | Compliant |
| Standard 4 |  |  | Compliant |
| Standard 5 | Compliant | Compliant |  |
| Total | 3 | 4 | 3 |

## ProcurementSole Source Selection

- Basis for sole source determination.
- Impact of sole source on Section 508 selection.
- Product vs. vendor sole source.

## ProcurementSelection Questions

*Q.  Does an 8A business have priority on an IT procurement?*
*Q.  Should you test a product that the vendor claims is compliant?  Why?*
*Q.  Should you test a product that the vendor certifies is compliant?  Why?*
*Q.  Should you buy a product that is the most 508 compliant, but does not meet your functional requirements?*

## Procurement Signatures

- Office of Procurement will only process a procurement with a completed checklist that include signatures/initials.
- Requisitioner must sign checklist to certify the accuracy and completeness of the data.  This is important since inaccurate data can lead to a lawsuit.  NOTE:  the requisitioner is the person paying for the procurement.
- EIT Coordinator must initial checklist to show that it has been reviewed.

## ProcurementMore  Questions

*Q.  Who is your EIT Coordinator?*
*Q.  Who initials your checklist if your EIT Coordinator is not on campus?*
*Q.  Which has priority:  508 compliance or functional specifications?*
*Q.   Are you responsible for ensuring that the USPTO AT work with your product?*
*Q.  Are the USPTO AT a good way to test your product for compliance?  If so, how? *

## Internet and Intranet 

- DoC requires a “spirit of the law” interpretation for web pages.  _All_ new pages must be compliant.
- Effective October 1, there will be a new process/checklist for posting items on USPTO web sites.  It will require the same level of accountability and certification as for procurements and SW development.

## Internet and Intranet Creating Documents

- Read carefully and make sure you understand pp 6-9 in the *Instructions.*
- Best approach is to develop document in HTML and use text and links.
- Problem areas include documents in PDF and that have graphics, data tables, frames, scripts, drop down boxes, forms, cascading style sheets, and applets.

## Internet and IntranetAssistance

- The Web Services Division has a template that helps in developing pages for the web.  To use the template:
- CIO intranet home page
- Web Services Division
- Standards and Guideline Page
- Template for internet and intranet
- E-mail:  Web group

## ...and if you do violate the law

- Employees and customers can sue the USPTO for noncompliant products. Remember that the requisitioner certified for the USPTO that the product was compliant.
- Non-compliant web-based documents will be pulled from the USPTO internet and intranet.
- So far, all complaints have been quickly and quietly resolved.  It will not bode well to be the first Government agency to have a 508 lawsuit and become the poster child for violating the law.
- It is possible that a judge can put an injunction on the use of a non-compliant system.

## What’s Next

- Within a year or so, 508 will be a way of life and most products will be totally compliant and SW development will be second nature.
- In November 2002, all IT procurements must be 508 compliant.  A new process and checklist are being developed to cover the different types of  procurements.
- Web Services is starting to inventory existing pages to evaluate for 508 compliance.  As they identify pages, the web author is responsible for ensuring the page is compliant.

## Where to Find Stuff

- Fred DiFiore, USPTO EIT Coordinator, 305-4202 and _[Fred.DiFiore@USPTO.Gov](mailto:Fred.DiFiore@USPTO.Gov)__._
- Tech notes:
- CIO intranet home page
- Key documents
- Technical Standards and Guidelines
- Requirement Management Related Tech Notes

## Where to Find More Stuff

- CIO intranet home page
- Overall Section 508 information, checklist and links:
- Useful links
- USPTO EIT Accessibility Program