**§508 Subpart A**

*Discussion Based on September 3, 2007 TEITAC Wiki *

**TOPICS TO BE DISCUSSED**

· Section 1194.1 Purpose

· Comparable Access

· Section 1194.2 Application

· Business Need

· Section 1194.3 General Exceptions

· Fundamental Alteration

· Service Area

· Self-Contained Closed Products- Narrow Delineated Use

· Security

· Section 1194.1 Purpose

· Two proposed edits to address Comparable Access or "Access to and use
of information and data that is comparable to ....".

[· Either]{.underline} can be incorporated.

· Section 1194.1 Purpose: Edit 1

· The purpose of this part is to implement section 508 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794d). Section 508
requires that when Federal agencies develop, procure, maintain, or use
electronic and information technology, Federal employees with
disabilities have access to and use of information and data **INCLUDING
COMMUNICATION THAT IS TIMELY, ACCURATE, COMPLETE AND EFFICIENT WHEN
COMPARED** to the access and use by Federal employees who are not
individuals with disabilities, unless an undue burden would be imposed
on the agency. Section 508 also requires that individuals with
disabilities, who are members of the public seeking information or
services from a Federal agency, have access to and use of information
and data* ***INCLUDING COMMUNCATION THAT IS TIMELY, ACCURATE, COMPLETE
AND EFFICIENT WHEN COMPARED** to that provided to the public who are not
individuals with disabilities, unless an undue burden would be imposed
on the agency.

·

**· **

**· Section 1194.1 Purpose: Edit 2**

· Rather than adding to Purpose section, add provision to Application
section of the §508 Standards

·

**· **

**· Discussion \-- Rationale**

· Regardless of approach, recommended that explanatory information be
provided:

· Timely access means that individuals with disabilities have
information and data available to them at the same time as individuals
without disabilities, but that does not preclude captions that are
slightly delayed or other reasonable differences in timing given
individual situations.

· Accurate means that the information and data reflects the intended
meaning especially when converted into another form or media.

· Complete means that all critical information and data is present when
accessed by assistive technology or converted into another form or
media.

· Efficient means that an individual with a disability exerts a
reasonably similar or comparable amount of effort (given the capacity of
current assistive technology) in using electronic and information
technology as compared to an individual without a disability.

· Access may be delivered via built-in access features or compatibility
with assistive technology as described in the technical standards
specified in S*ubpart B*.

· **Recommendation**

· Forward both proposals to the Access Board to determine appropriate
wording and placement in standards .

· **Section 1194.2 Application**

· This provision has alternate versions.

·

**· **

**· Section 1194.2 Application- **\
** Current w/accepted Change**\
· (a) Products covered by this part shall comply with all applicable
provisions of this part. When developing, procuring, maintaining, or
using electronic and information technology, each agency shall ensure
that the products comply with the applicable provisions of this part,
unless an undue burden would be imposed on the agency.

· (1) When compliance with the provisions of this part imposes an undue
burden, agencies shall provide individuals with disabilities with the
information and data involved by an alternative means of access that
allows the individual to use the information and data.

**· (2)** When **DEVELOPING**, procuring, **MAINTAINING, OR USING** a
product, if an agency determines that compliance with any provision of
this part imposes an undue burden, the documentation by the agency
supporting the **DEVELOPMENT,** procurement, **MAINTANENCE, OR USE**
shall explain why, and to what extent, compliance with each such
provision creates an undue burden.

· (b) When procuring a product, each agency shall procure products which
comply with the provisions in this part when such products are available
in the commercial marketplace or when such products are developed in
response to a Government solicitation. Agencies cannot claim a product
as a whole is not commercially available because no product in the
marketplace meets all the standards. If products are commercially
available that meet some but not all of the standards, the agency must
procure the product that best meets the standards.

**· (c)** Except as provided by §1194.3(b), this part applies to
electronic and information technology developed, procured, maintained,
or used by agencies directly or used by a contractor under a contract
with an agency which requires the use of such product, or requires the
use, to a significant extent, of such product in the performance of a
service or the furnishing of a product.

·

**· **

**· Section 1194.2 Application- Edit 1**

· Add New Introductory statement:

· **IN GENERAL, THIS SECTION APPLIES ONLY TO THE *CONSIDERATION* OF
ACCESSIBILITY IN THE PROCESS OF DEVELOPING, PROCURING, MAINTAINING, OR
USING ELECTRONIC AND INFORMATION TECHNOLOGY.**

· **Section 1194.2 Application**

· New Note for Procurements- originally proposed to be added to end of
Application Section : To facilitate the determination of the product
best meeting the provisions of this part, those provisions that apply
for a given acquisition should be enumerated during the process of
determining business and technical requirements.

· The note was intended to provide explanatory information regarding
inclusion of accessibility provisions in the process of developing
business and technical requirements.

· Subcommittee did not reach consensus on the inclusion of the note

· At July TEITAC plenary meeting there was general agreement to not
include the addition of the \"Note for Procurements\".. Concerns were
voiced that the Note was confusing and inconsistent with the addition of
the introductory language.

·

**· **

**· Application- Rationale Edit 1**

· Varying interpretations of how Section 508 should be applied when
making an acquisition. In some cases there is the expectation that
accessibility should trump agency business needs and other requirements.
This language clarifies that accessibility must be determined within the
parameters of Section 508, but does not purport to direct agencies as to
how to make overall procurement decisions. Agencies are required to
consider accessibility within the framework of other regulated
procurement practices such as the FAR.

· Intent to clarify that regulations in this section, that impact agency
procurement procedures, apply ONLY to the consideration of
accessibility.

· Not intended to provide regulatory direction regarding HOW agencies
consider other factors, such as business and technical needs and
requirements, when making an acquisition. The FAR defines procurement
parameters for a number of agencies and agencies need to determine how
to address accessibility within the parameters of other required
procurement considerations and processes.

·

·

· **Section 1194.2 Application- Edit 2**

· Change (b)

· (b) When procuring a product, each agency of paragraph shall procure
products which comply with the provisions in this part when such
products are available in the commercial marketplace or when such
products are developed in response to a Government solicitation.
Agencies cannot claim a product as a whole is not commercially available
because no product in the marketplace meets all the standards. If
products are **NOT** commercially available that meet all of the
standards, the agency must procure the product that best meets **THE
AGENCIES BUSINESS NEEDS AND the APPLICABLE ACCESS** standards.

·

·

· Rationale Edit 2

· Rationale for changes to paragraph b: Clarifies the use of "best
meets" when products are not commercially available that comprehensively
meet each and every standard, but might partially meet one or more
individual standards or meet some but not all of the standards. Improves
understanding of clause.

·

·

· **Section 1194.2 Application- Edit 3**

· Delete 2(b) in full & defer to Access Board and FAR

· **(b)** When procuring a product, each agency of paragraph shall
procure products which comply with the provisions in this part when such
products are available in the commercial marketplace or when such
products are developed in response to a Government solicitation.
Agencies cannot claim a product as a whole is not commercially available
because no product in the marketplace meets all the standards. If
products are NOT commercially available that meet all of the standards,
the agency must procure the product that best meets THE AGENCIES
BUSINESS NEEDS AND the APPLICABLE ACCESS standards.

·

·

**· Rationale**

· Some subcommittee members voiced support for removing (b) in total and
deferring all procurement decision-making procedures to the Federal
Acquisition Regulations (FAR) and/or other governing procurement
policies.

· The Access Board and FAR will be simultaneously considering the 508
regulations- this presents an opportune time for GSA and the Access
Board to consider how to ensure best provide guidance for agencies to
implement 508 within the procurement process.

· **Section 1194.2 Application- Edit 4**

· No Change

· Some subcommittee members indicated that this limitation was
sufficiently provided via § 1194.1 Purpose and the new language was not
necessary.

·

**· **

**· Section 1194.3 General Exceptions**

**· **

**· **

**· 1194.3e Fundamental Alteration **

· Current Provision\
This part shall not be construed to require a fundamental alteration in
the nature of a product or its components.

· The proposed versions have been reduced from five,as reflected in the
August 17^th^ draft, to two versions. Version 1 incorporates changes in
versions 1-4 Aug 17 draft.

·

·

· **1194.3(e) Fundamental Alteration- Version 1**

· This part shall not be construed to require a fundamental alteration
in the nature of the E&IT, or its components, **OR THE AGENCIES
SPECIFIED PRODUCT REQUIREMENTS OR BUSINESS NEED.**

**· Rationale for Version 1:**

· Prior versions addressed "intended business needs" and "specified
product requirements", but were not combined. Recommendation evolved to
include both.

· Clarification limits exception to the nature of the E&IT or its
components and those requirements "specified by the agency" (assuming
they are constructed in accordance with standard procurement procedures)

· Addition of the phrase \"of the agencies specified product
requirements or business need\" may be viewed as more flexible to
procurement process -- allows an agency to tie the exception to the
business need even if the requirements are not specified up front.

·

**· **

**· 1194.3(e) Fundamental Alteration -- Version 2**

· Retain current provision

· Rationale for Version 2

· Some TEITAC members and subcommittee members recommend that additional
language to claify a link to agency business needs is not needed- it is
implicit.

· **1194.3(e) Fundamental Alteration -- Recommendation**

· Recommend that the TEITAC adopt Version 1 "This part shall not be
construed to require a fundamental alteration in the nature of the E&IT,
or its components, **OR THE AGENCIES SPECIFIED PRODUCT REQUIREMENTS OR
BUSINESS NEED."**

· Specifically to remind agencies that their implementation of Section
508 must support both the agency's mission, as well as their
responsibilities under Section 508.

· **1194.3(f) Service Areas **

· Current Provision\
Products located in spaces frequented only by service personnel for
maintenance, repair, or occasional monitoring of equipment are not
required to comply with this part.

· The proposed versions have been reduced from three to two. Change from
August 17^th^ draft.

·

·

· August 17 Version

· Products **DESIGNED FOR** spaces frequented only by service personnel
for maintenance, repair, or occasional monitoring of equipment **ARE
NOT** **REQUIRED TO MAKE CONTROLS OR INTERFACES THAT ARE OPERABLE SOLELY
COMPLY WITH THIS PART.**

· Products located **AND OPERATIONS EXECUTED** in spaces frequented only
by service personnel for maintenance, repair, or occasional monitoring
of equipment are not comply with this part.

· No Exception allowed- all products should conform

·

·

**· 1194.3(f) Service Areas**

· Version 1

· Products **DESIGNED FOR** spaces frequented only by service personnel
for maintenance, repair, or occasional monitoring of equipment **AND
WHOSE CONTROLS OR INTERFACES CAN BE EXECUTED SOLELY FROM THESE SPACES**
are not required to comply with this part. **THIS PART DOES APPLY TO
E&IT DESIGNED FOR SPACES FREQUENTED ONLY BY SERVICE PERSONNEL, BUT WHOSE
CONTROLS OR INTERFACES CAN BE EXECUTED EXTERNALLY OR REMOTELY**.

**· Rationale for Version 1**

· Attempts to restrict exception to products that are designed to be
located in areas frequented only by service personnel rather than
covering all products by virtue of their location.

· Additional language makes it clear that being able to support the
system remotely is acceptable and exception does not apply

·

**· **

**· 1194.3(f) Service Areas**

· Version 2

· Remove the current provision.

· **Rationale for Version 2**

· Some TEITAC members and subcommittee members recommend the entire
exception should be deleted.

· Recommendation is based on the preference that all products should
conform regardless of location and use.

· **1194.3 (*New*) Narrow, Delineated Use **

· Self-contained, closed products with narrow, delineated personal use
(such as calculators, electronic dictionaries, and audio recorders) for
which an agency can document readily available specialized products in
the commercial marketplace that collectively meet the functional
performance criteria (e.g. have features such as speech output available
on one unit, large visual display available on another, large
keys/buttons available on another, etc.) are not required to comply with
this part as a whole. Agencies must however provide specialized products
with appropriate access features as necessary to meet the needs of
end-users with disabilities.

· 1194.3 (*New*) Narrow, Delineated Use

· Rationale: Much discussion has transpired regarding the need to
address the situations where conformance to the technical and
performance standards results in access barriers.

· For example, requiring all calculators to have speech output, large
visual display, enlarged keys, etc. actually creates access barriers
depending on the functional limitations of individuals with
disabilities. While some committee members are supportive of this
concept others hold the position that we should not pursue this idea.

· While much discussion has taken place and ideas such as identifying
products as "personal use" have been proposed there has not been a
solution proposed that is understandable at face value (which is
important for adoption and implementation) and no benchmarks or criteria
have been proposed which can be used for decision-making as to when to
apply this exception. This text is a proposal, but full consensus was
not reached by the subcommittee.

· **1194.3 (*New*) Narrow, Delineated Use**

· Options for Recommendations

· Adopt language as an exception

· Modify Small Products standards -- add subject to multiple technical
standards

· Refer to Access Board to consider

· Consider with FAR

·

·

**· 1194.3 (*New*) Security - First Response**\
· 1194.3 - NEW - Emergency, Field and First Response Use

· This part does not apply to any electronic and information technology
operated by agencies in a field environment where the function,
operation, or use is by a first responder, emergency, security, or law
enforcement personnel. This exception does not apply to the agency
systems administrative and business applications (including payroll,
finance, logistics, and personnel management applications) or any
application or system that is intended for use by members of the public.

· **Rationale**

· Currently the national security exception directly addresses the
accessibility exception for electronic and information technologies used
as integral parts of weapons or weapons systems, in command-and-control,
cryptological activities, and for direct support of intelligence and
military missions. The underlying theme of that exception is often what
might be considered emergency, or field conditions, and physical
requirements as a prerequisite for employment. These same conditions are
met in situations such as first responders, fire-fighters,
law-enforcement personnel in the field, etc. Because of this similarity
some Federal agencies such as Department of Homeland Security,
Department of Justice, some portions of the Department of the Treasury,
for example, encounter Section 508 acquisitions situations which mirror
those in the national Security exception, but which are uncovered now.
This requires that the agencies either apply fundamental alteration
exception to such purchases, which is not always the most accurate fit,
or conduct the market research and take accessibility requirements in to
account during the process for items never to be used by people with
disabilities. While Section 508 standards are intended to lower barriers
to employment, they are not intended to remove all such barriers where
disabilities and performing the job are in practice and reality mutually
exclusive. Note, first responders in practice can be Federal employees
or members of the public; however this exception is not based upon this
status, rather the work to be performed and the location that work is
performed.

·

·

**· Impact:**

· Economic impact: Low This exception will lower the analysis level of
Federal requiring officials by addressing this specific situation
directly, and lower their potential market analysis workload as well. It
will not impact industry negatively as it is not a requirement that they
must change business practices or products to meet.

*· External Reference: *

· The term \"first responder\" refers to those individuals who in the
early stages of an incident are responsible for the protection and
preservation of life, property, evidence, and the environment, including
emergency response providers as defined in section 2 of the Homeland
Security Act of 2002 (6 U.S.C.101), as well as emergency management,
public health, clinical care, public works, and other skilled support
personnel (such as equipment operators) that provide immediate support
services during prevention, response, and recovery operations.

· Definition of \"first responder\": From Homeland Security Presidential
Directive 8, (HSPD8),

· *Status: New: no consensus reached*

*· Source: New* -- Department of Homeland Security