Section 508 requires that when Federal
agencies develop, procure, maintain or use electronic and information technology,
they must ensure accessibility to individuals with disabilities. Comparable
access is not required if it would impose an undue burden. This is consistent with language used in the
Americans with Disability Act (ADA) and other civil rights legislation, where
the term ‘undue burden’ has been defined as “significant difficulty or
expense.” However, the agency must
document and explain why meeting the standards would pose an undue burden for a
given procurement action, and must still provide individuals with disabilities
access to the information or data that is affected in an alternative method.
WHAT IS COVERED UNDER SECTION 508 ?
|
ELECTRONIC AND INFORMATION TECHNOLOGY
PROCURED, DEVELOPED, MAINTAINED, OR USED BY A FEDERAL AGENCY |
|
||
|
·
Software Applications & Operating Systems ·
Web information and other VA
applications Including Internet
and Intranet services ·
Telecommunication Products |
·
Video and Multi-Media Products
(Including closed Captions) ·
Desktop and Portable computers ·
Self-contained closed products such as Information kiosks, calculators, fax machines, and photocopiers. |
|
What is the Scope of Section 508?
How can systems be made
“accessible”?
The key to remember is that an EIT
system is accessible to people with disabilities if it can be used in a variety
of ways that do not depend on a single sense or ability. Examples:
A system that provides output only in audio format would not be
accessible to people with hearing impairments – this system could be made
accessible by adding closed captions.
Likewise, a system that only uses mouse actions for navigation would not
be accessible to people who cannot use a mouse because of dexterity or visual
impairment – this system could be made accessible by enabling keyboard
controls, such as using Function Keys, to allow mouse-independent
navigation.
To Whom Does Section 508 Apply?
·
It applies to all Federal agencies and departments when they
develop, procure, maintain or use electronic and information technology. The
Federal Acquisition Regulations (FAR) Final Rule in compliance with Section 508
was published on April 25, 2001, amending the FAR to incorporate the Access
standards. These standards shall be
made part of all VA contracts, solicitations, purchase orders and task orders
for electronic and information technology products procured, developed,
maintained, or used by a Federal agency.
Other than indefinite-quantity contracts the rule applies to these
procurement options on or after the effective date of June 25, 2001.
·
Beginning on June 25,
2001, all active procurements must include the new 508 EIT standards. Technical evaluations will factor in the
proposal’s ability to satisfy the greatest number of the standards. It is the responsibility of the Department
and agency under Section 508 of the Rehabilitation Act as amended to ensure
adherence with these standards.
·
For a specific
procurement action, the agency must still provide people with disabilities
access to the information or data that is affected. Exceptions include a situation where an organization proves that
the technology accessibility standards would impose an undue burden or for
micro purchases of less than $2,500.
The micro purchase exemption will be effective until January 1,
2003. After that, all federal EIT
procurements will be subject to compliance with the Access Board 508 standards.
·
Each requiring
activity must identify which standards would apply to their procurement using
the Access Board’s EIT Accessibility Standards found at CFR 1194, unless
complying would present an undue burden.
The exceptions to compliance with Section 508 standards are outlined in
detail under the paragraph “Exemptions to Section 508” below.
·
The proposed rule did
not address the issue of the new rule applying to existing contracts. However, when acquiring commercially
available items, VA must comply with the standards that can best meet services
and supplies that are available in the commercial marketplace.
·
The law requires
procurement of EIT products that are compatible with existing and future
assistive technology for people with disabilities.
·
VA is not expected to
certify products as being Section 508 complaint. The General Services Administration plans to publish a listing in
the very near future informing Federal agencies of contractors whose products
meet the criteria in compliance with the accessibility standards.
Does Section 508 Apply To
Federal Web Sites?
·
Yes. Section 508 of
the Act mandates that any EIT developed, procured, maintained and used by the
Federal government be accessible to people with disabilities. This includes web-based applications and
other Internet and Intranet services.
·
Web pages shall meet the accessibility standards established
by the Access Board and in compliance with Section 504, of the Rehabilitation
Act which prohibits discrimination based on disability in federally funded and
conducted programs or activities.
·
VA’s goal is to make
web pages accessible to all Federal employees, all veterans and all members of
the public including individuals with disabilities. If a new web page is brought on-line or has a “major” update or
refresh after June 21, 2001, then it must adhere to the Access Board’s Section
508 web accessibility provisions, 36 C.F.R. Pt. 1194.22 (found at www.access-board.gov/, unless doing so
imposes a fundamental alteration or undue burden. Undue burden is defined as a significant difficulty or expense to
the agency.
·
All VA programs and
information contained on existing web pages e.g., those in existence before
June 21, 2001, shall be made available to members of the public and federal
employees in a way that does not discriminate against people with disabilities,
consistent with our obligations under section 504 of the Rehabilitation
Act. The four “To Do’s” for existing
web pages are inventory, prioritize, update and retire.
·
For web pages created
between now and June 21, 2001, it is best to follow the Access Board’s web
accessibility provisions. For existing
web pages up on the Internet or Intranet sites, organizations should make the
best use of their resources to ensure that all VA programs contained on these
pages are available in a nondiscriminatory manner. The pages should be modified to comply with the Access Board’s
web accessibility provisions, to the extent that resources allow (beginning
with the most popular).
·
For web pages that are
not modified, organizations should at a minimum post accurate contact
information (e-mail address, toll-free telephone number) so that individuals
with a disability may request the information on an inaccessible page to be
made available in an alternate format.
Follow up on all such requests must be made as soon as possible after
providing the alternate format materials.
Program offices may wish to use this opportunity to “retire” old pages
that are not frequently used or that contain inaccurate and dated material. Section 508 Does Not require agencies to get rid of existing pages just
because those pages do not meet the new web accessibility provisions.
·
Agencies are directed to prioritize existing and heavily
accessed pages for testing to determine compliance. It is not the intent to “Shut Down” web sites but to prioritize
and convert those sites that are heavily used and to retire those sites that
have minimal access.
Who can file a complaint?
·
Employees have the
right to file claims of non-compliance using the current complaint process for
discriminations established under Section 504 of the Rehabilitation Act, as
amended. Members of the public may also
file a civil action against the agency.
Departmentwide complaint process guidelines have been developed and will
be circulated to Department staff offices and administrations for comment.
·
Based on statutory requirements, an individual can only file a claim on federal
procurements made on or after June 25th that asserts from compliance with the
section 508 technical standards.
Organizations must ensure that any new products purchased including COTS
products, software and equipment are accessible. Failure to comply with the 508
statute may result in litigation.
·
Enforcement provisions
of Section 508 take effect June 21, 2001, after that date, contractors must
manufacture, sell or lease electronic and information technology supplies or
services that comply with the Access Board Standards.
Exemptions to Section 508
·
Micro-purchases and
credit card purchases under $2,500 are exempt until
January 1, 2003.
·
National Security and
Weapon Systems,
·
EIT acquired by a
contractor incidental to a contract,
·
EIT located in spaces
frequently only by service personnel for maintenance, repair or occasional
monitoring of equipment; and,
·
EIT that would impose
an undue burden on the agency.
Achieving
Responsiveness to Section 508
VA Section 508 Advisory Committee - The CIO Council established a Section 508 Advisory committee
composed of representative from the Administrations and Staff Offices. The Committee’s primary focus centers on
identifying accessibility issues and providing recommendations in compliance
with the Access Board standards for developing agency policy and procedures in
the area of Web Accessibility, Procurement
Policy, Strategic Planning & Capital Investment, Telecommunication and
Multi-Media, Legal and Congressional Affairs and Employment Training and
Awareness.
Other short-term 508 activities
include:
Raise Awareness – It is essential that all program officials, IT professionals, and persons involved in EIT procurements be aware of the requirements for Section 508 and are prepared to comply with these requirements starting on June 21, 2001.
Assess the impact
Of 508 Compliance On Program Activities
and Funding – Non-compliance with
the new Section 508 EIT standards could result in complaints and liability for
VA and the Department as a whole. The
head of each Administration and Staff Office has the responsibility for
preparing the organization to be compliant and for making necessary adjustments
in schedules and budgets to put a 508 program in place.
Remediate High/Critical Use, Non-Compliant Web Sites – Total compliance cannot be achieved over night. It is essential that each Administration and
staff office develop a plan for incorporating the Section 508 standards into
their normal business process and to address how full compliance will be
accomplished, at what cost and over what time period.
Implement a 508 Complaint Process
– Program officials will be held accountable for addressing complaints
received regarding non-compliance with the technical standards published by the
Access Board. Section 508 specifically
directs agencies to use their existing 504 complaint process for handling 508
complaints received on or after June 21, 2001.
Department-wide distribution on guidance as it relates to the VA 508
complaint process is expected to be in place by June 21, 2001.
Note:
508 complaints should only be filed by individuals with disabilities
with respect to EIT products procured on or after June 21, 2001. The Office of Resolution Management, with
the assistance of the Office of General Counsel, is currently developing
guidance for department-wide distribution as it relates to the 508 complaint
process. The guidance is expected to be
in place by June 21, 2001.
Learn
About Accessibility in the Workplace –
VA has an Adaptive Training Program which provides PC-based adaptive
equipment training, consultations and technical support to veterans and
government employees with disabilities.
An Individual Learning Center is located at VA Central Office. Visitors may arrange for tours or receive a
demonstration of the latest technologies.
This center is a valuable resource for program officials and others who
need to understand about assistive technology and the impact of good EIT design
on the effectiveness of the program, service or product for the disabled
community’s use. To find out more information regarding this program, the web
site address is http://www.va.gov/oirm/itss/itc/brochsb.htm.
Evaluate Existing Telecommunications State – 508 Standards were published regarding Telecommunications services and equipment consistent with Section 255 of Public Law 104-104 which requires manufacturers and providers to make their devices and services compatible with peripheral devices and specialized customer premises equipment that are commonly used by people with disabilities. Manufacturers and service providers must evaluate the accessibility, usability and compatibility of their equipment and services throughout their design, development, and fabrication processes, as early and consistently as possible.
Program offices must ensure companies
review their products for accessibility at every "natural
opportunity," including times when they re-design products, upgrade
services, or significantly change the way they group together product and
service packages. Telecommunication
requirements should be reviewed against the current state, plan for upgrades,
and make any necessary policy changes.
Evaluate
Current Software – 508 Standards for software products and development
address requirements for interoperability with assistive technologies used by
the disabled community. Program offices
should access the current state of existing software and that under
development, plan to incorporate the standards into new efforts, and update
policies as needed.
Assess Accessibility of Multimedia Products – Determine if your current multimedia products are
compliant with the 508 standards and plan for agency-wide accessibility.
Account for 508 Readiness of Self Contained and Closed
Products – Determine if
existing self contained and closed products owned or under lease within your
organization are in compliance with 508 requirements for accessibility. Program offices should plan to migrate out
as non-compliant equipment.
Update Procurement Policies and Procedures – Existing procurement policies and procedures will need to
be modified to be consistent with the amended FAR published on April 25,
2001. The Section 508 Advisory
Committee and the VA Office of Acquisition and Materiel Management are
preparing guidance and model language for department-wide use. Program offices should work with their
procurement officials to ensure 508 compliance for all procurements. Specific instructions will be developed as
Section 508 continues to evolve and further guidance is provided by the Civilian
Agency Acquisition FAR Council.
Report 508 Progress – It is essential that VA demonstrate due diligence in
addressing compliance with Section 508 requirements. Plans at the Administration and staff office levels must be
developed to ensure consistent progress is made, both in achieving short-term
goals and the long-range objective of institutionalizing 508 into the way we do
business. Program plans must be
developed and submitted to the VA CIO’s office for monitoring department
progress. Guidance will be issued
regarding specific reporting requirements.
POLICY
DOCUMENTS:
The following are some of the policy
documents under revision to include language in compliance with Section 508
requirements. This list may not be inclusive:
·
VA Information
Technology Strategic Plan
·
VA IT Capital
Investment Criteria
·
Technical Reference
Model and Standards Profile
·
VA IRM Framework
(Directive 6000)
·
VA Information
Technology Capital Investment Guide
·
Agency Architecture
Model
·
VA Directive and
Handbook 6102, VA Internet and Intranet Policy
Agency
Contact for Section 508:
Rosetta Screven, VA Section 508
Coordinator
202-273-8049
Email: rosetta.screven@mail.va.gov