Accessibility Standards for Electronic and Information Technology

ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

Accessibility Standards for Electronic and Information Technology

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Notice of intent to establish advisory committee.

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SUMMARY: The Architectural and Transportation Barriers Compliance Board

(Access Board) announces its intent to establish an Electronic and

Information Technology Access Advisory Committee (Committee) to make

recommendations for accessibility standards for electronic and

information technology covered by the Rehabilitation Act Amendments of

1998. The Access Board requests applications for representatives to

serve on the Committee.

DATES: Applications should be received by September 23, 1998.

ADDRESSES: Applications should be sent to the Office of Technical and

Information Services, Architectural and Transportation Barriers

Compliance Board, 1331 F Street, NW., suite 1000, Washington, DC 20004-

1111. Fax number (202) 272-5447. Applications may also be sent via

electronic mail to the Access Board at the following address:

[email protected].

FOR FURTHER INFORMATION CONTACT: Doug Wakefield, Office of Technical

and Information Services, Architectural and Transportation Barriers

Compliance Board, 1331 F Street, NW., suite 1000, Washington, DC 20004-

1111. Telephone number (202) 272-5434 extension 39 (Voice); (202) 272-

5449 (TTY).

SUPPLEMENTARY INFORMATION:

Availability of Copies and Electronic Access

Single copies of this publication may be obtained at no cost by

calling the Access Board's automated publications order line (202) 272-

5434, by pressing 1 on the telephone keypad, then 1 again, and

requesting publication N-01 (Electronic and Information Technology

Access Advisory Committee notice). Persons using a TTY should call

(202) 272-5449. Please record a name, address, telephone number and

request publication N-01. This document is available in alternate

formats upon request. Persons who want a copy in an alternate format

should specify the type of format (cassette tape, Braille, large print,

or computer disk). This document is also available on the Board's

Internet site (http://www.access-board.gov/notices/eitaac.htm).

Background

On August 7, the President signed into law the Workforce Investment

Act of 1998, which includes the Rehabilitation Act Amendments of 1998.

Section 508 of the Rehabilitation Act Amendments requires that when

Federal departments or agencies develop, procure, maintain, or use

electronic and information technology, they shall ensure that the

electronic and information technology allows Federal employees with

disabilities to have access to and use of information and data that is

comparable to the access to and use of information and data by Federal

employees who are not individuals with disabilities, unless an undue

burden would be imposed on the department or agency. Section 508 also

requires that individuals with disabilities, who are members of the

public seeking information or services from a Federal department or

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.1

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\1\ Section 508 does not apply to national security systems, as

that term is defined in section 5142 of the Clinger-Cohen Act of

1996 (40 U.S.C. 1452).

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Section 508 was originally added to the Rehabilitation Act in 1986.

(29 U.S.C. 794d). It required the Secretary of Education and the

Administrator of the General Services Administration to develop and

establish guidelines for Federal agencies for electronic and

information technology accessibility and required that such guidelines

be revised, as necessary, to reflect technological advances or

changes.2 Section 508 also required each Federal agency to

comply with the guidelines. However, there was no enforcement mechanism

to provide for compliance. The changes to section 508 contained in the

Rehabilitation Act Amendments of 1998 were designed to strengthen

current law.

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\2\ On January 30, 1991 the General Services Administration

issued Bulletin C-8 as part of the Federal Information Resources

Management Regulations (FIRMR). In 1996 the FIRMR was eliminated.

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Access Board Responsibilities

Section 508(a)(2)(A) of the Rehabilitation Act Amendments of 1998

requires the Architectural and Transportation Barriers Compliance Board

(Access Board)3 to publish standards setting forth a

definition of electronic and information technology and the technical

and functional performance criteria necessary for accessibility for

such technology. The standards are required to be published by February

7, 2000.

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\3\ The Access Board is an independent Federal agency

established by section 502 of the Rehabilitation Act (29 U.S.C. 792)

whose primary mission is to promote accessibility for individuals

with disabilities. The Access Board consists of 25 members. Thirteen

are appointed by the President from among the public, a majority of

who are required to be individuals with disabilities. The other

twelve are heads of the following Federal agencies or their

designees whose positions are Executive Level IV or above: The

departments of Health and Human Services, Education, Transportation,

Housing and Urban Development, Labor, Interior, Defense, Justice,

Veterans Affairs, and Commerce; the General Services Administration;

and the United States Postal Service.

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The definition of electronic and information technology is required

to be consistent with the definition of information technology in

section 5002(3) of the Clinger-Cohen Act of 1996. (40 U.S.C. 1401(3)).

Information technology under that law means ``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'' by a Federal agency.

In developing its standards, the Access Board is required to

consult with

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various Federal agencies,4 the electronic and information

technology industry, and appropriate public or nonprofit agencies or

organizations, including organizations representing individuals with

disabilities. The Access Board is also required to periodically review

and, as appropriate, amend the standards to reflect technological

advances or changes in electronic and information technology. The

General Services Administration and the Access Board are required to

provide technical assistance to individuals and Federal departments and

agencies concerning the requirements of section 508.

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\4\ The Access Board is required to consult with the Secretary

of Education, the Administrator of General Services, the Secretary

of Commerce, the Chairman of the Federal Communications Commission,

the Secretary of Defense, and the head of any other Federal

department or agency that the Access Board determines to be

appropriate.

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Other Section 508 Requirements

Section 508(a)(3) provides that within six months after the Access

Board publishes its standards, the Federal Acquisition Regulatory

Council is required to revise the Federal Acquisition Regulation, and

each Federal department or agency is required to revise the Federal

procurement policies and directives under its control to incorporate

the Access Board's standards.5

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\5\ Whenever the Access Board revises its standards, the Council

is required to revise the Federal Acquisition Regulation, and each

appropriate Federal department or agency is required to revise its

procurement policies and directives within six months to incorporate

the revisions.

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Section 508(a)(4) provides that if a Federal department or agency

determines that compliance with the standards imposes an undue burden,

any documentation by the department or agency supporting a procurement

shall explain why compliance creates an undue burden. Additionally,

when it is determined that compliance with the standards imposes an

undue burden, the Federal department or agency 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.6

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\6\ Section 508(a)(1)(B).

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Section 508(a)(6)(A) states that when the Federal government

provides access to the public to information or data through electronic

and information technology, a Federal department or agency is not

required to make equipment available or to purchase equipment at a

location other than that where the electronic and information

technology is provided to the public. Also, specific accessibility-

related software or the attachment of specific accessibility-related

peripheral devices are not required to be installed at workstations of

Federal employees without disabilities.7

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\7\ Section 508(a)(6)(B).

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Section 508(c) provides that by February 7, 1999, each Federal

department or agency shall evaluate the extent to which the electronic

and information technology of the department or agency is accessible to

and usable by individuals with disabilities and submit a report

containing the evaluation to the Attorney General.

Section 508(d) provides that by February 7, 2000, the Attorney

General shall prepare and submit to the President a report containing

information on and recommendations regarding the extent to which the

electronic and information technology of the Federal government is

accessible to and usable by individuals with disabilities. By August 7,

2001, and every two years thereafter, the Attorney General shall submit

to the President and Congress a report containing information on and

recommendations regarding the state of Federal department and agency

compliance with the requirements of section 508, including actions

regarding individual complaints.

Section 508(f) provides that beginning August 7, 2000, any

individual with a disability may file a complaint alleging that a

Federal department or agency fails to comply with section 508 in

providing accessible electronic and information technology.8

Complaints shall be filed with the Federal department or agency alleged

to be in noncompliance. The Federal department or agency receiving the

complaint shall apply the complaint procedures established to implement

section 504 of the Rehabilitation Act for resolving allegations of

discrimination in a federally conducted program or activity.

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\8\ This provision applies only to electronic and information

technology that is procured by a Federal department or agency after

August 7, 2000.

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Electronic and Information Technology Access Advisory Committee

The Access Board will begin the process of developing its

accessibility standards by establishing an Electronic and Information

Technology Access Advisory Committee (Committee). The establishment of

the Committee is in the public interest and will assist the Board in

meeting its obligation for broad consultation with Federal agencies,

the electronic and information technology industry, organizations

representing individuals with disabilities, and others in the

development of the standards.

The Committee will make recommendations to the Access Board on

issues such as:

types of electronic and information technologies to be

covered by the standards;

barriers to the use of such technologies by persons with

disabilities;

solutions to such barriers, if known, and research on such

barriers;

methods for evaluating accessibility of such technologies;

and

contents of the standards.

To assist in developing the standards, the Board is interested in

obtaining relevant documents on access to electronic and information

technology. For example, on February 3, 1998, the Access Board

published guidelines under section 255(e) of the Telecommunications Act

for accessibility of customer premises equipment and telecommunications

equipment. (36 CFR Part 1193). Portions of those guidelines may be

appropriate for inclusion in the section 508 standards. Also, portions

of the ADA Accessibility Guidelines on reach ranges (4.2.5 and 4.2.6)

are applicable to fixed equipment control consoles and operable parts.

(36 CFR Part 1191).

In addition to the above documents, the General Services

Administration and the Department of Education have developed

guidelines and other documents for accessible hardware and software.

Guidelines for creating accessible World Wide Web pages have been

created by several entities. These documents may provide a useful

starting point for the development of electronic and information

technology standards. The Board is interested in obtaining any other

relevant documents that may be of assistance in developing standards.

The Committee will be expected to present a report with its

recommendations to the Access Board within six months of the

Committee's first meeting. The Access Board requests applications for

representatives of the following interests for membership on the

Committee:

Federal agencies and Federal contractors;

the electronic and information technology industry;

organizations representing the access needs of individuals

with disabilities; and

other persons affected by these accessibility standards.

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The number of Committee members will be limited to effectively

accomplish the Committee's work and will be balanced in terms of

interests represented. Organizations with similar interests are

encouraged to submit a single application to represent their interest.

Although the Committee will be limited in size, there will be

opportunities for the public to present written information to the

Committee, participate through subcommittees, and to comment at

Committee meetings.

Applications should be sent to the Access Board at the address

listed at the beginning of this notice. The application should include

the representative's name (and an alternate), title, address and

telephone number; a statement of the interests represented; and a

description of the representative's qualifications, including

engineering, technical and design expertise and knowledge of making

electronic and information technology accessible to individuals with

disabilities.

Committee members will not be compensated for their service. The

Access Board may, at its own discretion, pay travel expenses for a

limited number of persons who would otherwise be unable to participate

on the Committee. Committee members will serve as representatives of

their organizations, not as individuals. They will not be considered

special government employees and will not be required to file

confidential financial disclosure reports.

After the applications have been reviewed, the Access Board will

publish a notice in the Federal Register announcing the appointment of

Committee members and the first meeting of the Committee. The first

meeting of the Committee is tentatively scheduled for October 15-16,

1998 in Washington, DC. The Committee will operate in accordance with

the Federal Advisory Committee Act, 5 U.S.C. app 2. Committee meetings

will be held in Washington, DC. Each meeting will be open to the

public. A notice of each meeting will be published in the Federal

Register at least 15 days in advance of the meeting. Records will be

kept of each meeting and made available for public inspection.

Thurman M. Davis, Sr.,

Chair, U.S. Architectural and Transportation Barriers Compliance Board.

[FR Doc. 98-22758 Filed 8-21-98; 8:45 am]

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