EWG:Draft July 6 Subpart A
From TEITAC
Editorial Working Group > Working Draft July 6: Subpart A
TEITAC Working Draft - July 6, 2007.
Please see the Updated July 18 draft
This page contains the full text of all input from the Subpart A subcommittee as of July 6, 2007. The current draft of Technical Provisions is on a separate page, but linked here in the correct order.
Subpart A
Discuss or propose edits to the provisions in Subpart A
Section 1194.1 Purpose
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 that is comparable 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 that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.
- Source: {508}1194.1, no change
- Subcommittee: Subpart A
- Impact: No impact. None
Section 1194.2 Application
In general, this section applies only to the consideration of accessibility in the process of developing, procuring, maintaining, or using electronic and information technology.
Discussion or Rationale: Additional language clarifies that all of the regulations in this section that impact agency procurement procedures, apply only to the consideration of accessibility and does not provide regulatory direction regarding consideration of other factors such as business and technical needs.
Some subcommittee members indicated that this limitation was sufficiently provided via § 1194.1 Purpose and the new language was not necessary.
- Source: new
- Subcommittee: Subpart A
- Impact:
1194.2- A - Product and Services Covered
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, maintenance, or use shall explain why, and to what extent, compliance with each such provision creates an undue burden.
Discussion or Rationale: Aligns wording of regulation with statute language.
- Source: {508}1194.2
- Subcommittee: Subpart A
- Impact: No impact. None
1194.2- B - Procurement
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 not commercially available that meet all of the standards, the agency must procure the product that best meets the standards.
Note for Procurements: 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.
Discussion or Rationale: 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.
Rationale for the additional text: Provides explanatory information regarding inclusion of accessibility provisions in the process of developing business and technical requirements.
The subcommittee did not reach consensus on the inclusion of the note. Concerns were voiced that the Note was confusing and inconsistent with the addition of the introductory language.
Some subcommittee members also 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.
- Source: {508}1194.2
- Subcommittee: Subpart A
- Impact:
1194.2- C - Application to E&IT
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.
- Source: {508}1194.2, no change
- Subcommittee: Subpart A
- Impact: No impact. None
Section 1194.3 General Exceptions
1194.3 - A - Intelligence Or Security Systems
This part does not apply to any electronic and information technology operated by agencies, the function, operation, or use of which involves intelligence activities, cryptologic activities related to national security, command and control of military forces, equipment that is an integral part of a weapon or weapons system, or systems which are critical to the direct fulfillment of military or intelligence missions. Systems which are critical to the direct fulfillment of military or intelligence missions do not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications).
- Source: {508}1194.3, no change
- Subcommittee: Subpart A
- Impact: No impact. None
1194.3 - B- Incidental To A Contract
This part does not apply to electronic and information technology that is acquired by a contractor incidental to a contract.
- Source: {508}1194.3, no change
- Subcommittee: Subpart A
- Impact: No impact. None
1194.3 - C - Employees Not Individuals With Disabilities
Except as required to comply with the provisions in this part, this part does not require the installation of specific accessibility-related software or the attachment of an assistive technology device at a workstation of a Federal employee who is not an individual with a disability.
- Source: {508}1194.3, no change
- Subcommittee: Subpart A
- Impact: No impact. None
1194.3 - D - Access By Public
When agencies provide access to the public to information or data through electronic and information technology, agencies are not required to make products owned by the agency available for access and use by individuals with disabilities at a location other than that where the electronic and information technology is provided to the public, or to purchase products for access and use by individuals with disabilities at a location other than that where the electronic and information technology is provided to the public.
- Source: {508}1194.3, no change
- Subcommittee: Subpart A
- Impact: No impact. None
1194.3 - E - Fundamental Alteration
This part shall not be construed to require a fundamental alteration in the nature of the product, or its components or the agency's specified product requirements.
Discussion or Rationale: Additional wording intended to clarify that agency’s specified product requirements (assuming they are constructed in accordance with standard procurement procedures) do not need to be altered.
Some TEITAC members indicated this additional language is not needed, as it is implicit.
- Source: {508}1194.3
- Subcommittee: Subpart A
- Impact: No impact. Is clarification.
1194.3 - F - Service Areas
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 from these spaces comply with this part.
Discussion or Rationale: Additional wording attempts to restrict this exception to products that are not only located in service areas, but whose controls and interfaces are only operable from the service area location, i.e. a remote interface is not available.
Some TEITAC members and subcommittee members recommend the entire exception should be deleted and all products should conform regardless of location and use.
- Source: {508}1194.3
- Subcommittee: Subpart A
- Impact: No impact. Is clarification.
1194.3 - G - 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 users with disabilities.
Discussion or Rationale: To eliminate the application of all functional performance and technical standards to these types of products which results in purchase of one product with multiple unwanted and sometimes conflicting access features.
Some TEITAC members suggested this might be described as a “product line” approach and could be expanded to clearly include this concept.
Some subcommittee members also voiced the opinion this new exception is not needed.
- Source: new
- Subcommittee: Subpart A
- Impact:
Section 1194.4 Definitions
The following definitions apply to this part:
Accessibility Services
- New term to be defined by the Web and Software Subcommittee
Ad Hoc Addition
- Addition by user without requiring system administrator intervention
Discussion or Rationale: The telecommuncations subcommittee requested this definition be added. There may be the need to limit the "ad hoc addition" requirement to public or shared-use phones rather than personal workstation phones although people often share common desks or desks at remote offices etc.
Agency
Any Federal department or agency, including the United States Postal Service.
- There are no changes being proposed for this definition.
Alternate Formats
- Text coming from Documentation Subcommittee.
Alternate Methods
- Text coming from Documentation Subcommittee.
Assistive Technology
Assistive Technology means 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. As used in this part, the term includes traditional assistive technology hardware and software along with virtual assistive technology delivered as a web service and integration of products into a system that provides assistive technology functions which allow individuals with disabilities to access electronic information technology.
Discussion or Rationale: Added language clarifying that assistive technology includes web based and integration services.
- Subcommittee could not reach consensus on suggestion to add list of required AT to the defintion (one subcommittee member dissented because a list of AT was not included.) Support for an AT list was to ensure more ready access to items on the list. Many subcommittee members were opposed to an AT list due to concerns with lists becoming too long, outdated, misapplied as absolutes, etc. An alternative suggestion was for technical assistance that would reference AT resource lists such as the federal CAP listing of assistive technology used in accommodations (http://www.tricare.mil/cap/acc_sol/Assistive_Technology.cfm) or the Assistive Technology Act federally funded National Public Website on Assistive Technology (http://assistivetech.net). Another alternative suggestion was for the Access Board to recommending that each agency compile a list of the AT typically used in that agency.
Captioning
- Text coming from A/V Subcommittee.
Comparable Access
Comparable access means that individuals with disabilities have access to and use of information and data that is timely, accurate, complete, and efficient when compared to that available to individuals without disabilities.
- New explanatory information: 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 a millisecond or two 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.
Discussion or Rationale: Addition of comparable access definition at the request of federal procurement officials and other subcommittees to provide framework for application of functional performance standards.
- Subcommittee could not reach consensus on including some or all of the explanatory information as part of the defintion itself. It will be critical to expand on and explain the terms “timely, accurate, complete and efficient” to ensure understanding and consistency in application but the group could not reach consensus on where that explanation should occur.
- Subcommittee also could not reach consensus on possible addition of the word “communication” to “information and data” to clarify that communication is part of information and data.
Electronic and Information Technology
Includes information technology and any equipment or interconnected system or subsystem of equipment that is used in the creation, conversion, or duplication of data or information. The term electronic and information technology includes, but is not limited to, telecommunications products (such as telephones), information kiosks and transaction machines, World Wide Web sites, multimedia, and office equipment such as copiers and fax machines. The term does not include any equipment that contains embedded information technology that is used as an integral part of the product, but in which information technology is not the principal function of that product.
Discussion or Rationale: Editorial revision that uses the term information technology instead of repeating the definition of that term. Deletion of the “For example” list due to misunderstanding in application (e.g. the list is not comprehensive and raises as many questions as it answers.) The deletion is not intended to alter the current exclusion of products with embedded IT.
- Some subcommittee members support substituting the word “a” for “the” which expands the application of the 508 requirements to products with embedded IT where IT is one of multiple functions that could be considered “principal”.
- Some subcommittee members voiced support for application of the 508 requirements to embedded IT functions, thus elimination of that exclusion.
Information Technology
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 information technology includes computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources.
- There are no changes being proposed for this definition.
Menu
Set of selectable options (from HFES 200)
Operable Controls
Operable controls: any physical control that affects the operation of the product. Operable controls include, but are not limited to, mechanically operated controls, input and output trays, card slots, keyboards, keypads, keys, or buttons, including touch-screens.
Discussion or Rationale: This draft adds individual keys and buttons, as I've inspected many devices that have only those features where the manufacture thought Section 508 didn't apply because it didn't have "a full keyboard".
There was an interesting exchange on the Listserv on this topic regarding full functionality and normal operation.
Peak non-crisis network traffic
The peak measured network traffic excluding disasters and other crises, or the peak traffic the system is designed to handle.
Product
Electronic and information technology.
- There are no changes being proposed for this definition.
Programatically Determinable
- Text coming from Web/Software Subcommittee.
Real-time Text
Communications that employ the transmission of text wherein the characters are transmitted by a terminal within a maximum of 1 second of character input. This would typically be for conversational purposes but also may be used in voicemail, IVR and other similar applications.
Self-contained, Closed Products
- Text coming from Self-Contained, Closed Subcommittee
Telecommunications
The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. (Telecommunications Act of 1996)
Terminal
Device or devices with which the end user directly interacts and that provide the user interface.
TTY
An abbreviation for teletypewriter. Machinery or equipment that enables interactive text based communications through the transmission of frequency-shift-keying audio tones across the PSTN according to TIA-825-A (A Frequency Shift Keyed Modem For Use On The Public Switched Telephone Network). As used in this part, the term TTY includes devices for text-to-text communications along with voice and text intermixed communications such as voice carry over and hearing carry over. TTYs may include computers with special modems. TTYs are a subset of devices called text telephones.
Discussion or Rationale: this is not settled within the Telecom SC
Undue Burden
Undue burden means significant difficulty or expense. In determining whether an action would result in an undue burden, an agency shall consider all agency resources available to the program or component for which the product is being developed, procured, maintained, or used.
- There are no changes being proposed for this definition.
Video Description
- Text coming from A/V Subcommittee.
Section 1194.5 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.
- Source: {508}1194.5, no change
- Subcommittee: Subpart A
- Impact: No impact. None
