EWG:Draft May 30 Subpart A

May 30 Draft > Subpart A

• Subcommittee: Subpart A
• Subpart A Definitions (on a separate page)

Contents 1 Subpart A: Purpose 2 Subpart A: Application 2.1 (a) 2.2 (b) 2.3 (c) 2.4 (d) 3 Subpart A: General Exceptions 3.1 (a) 3.2 (b) 3.3 (c) 3.4 (d) 3.5 (e) Fundamental Alteration 3.6 (f) Back Office 4 Subpart A: Definitions 5 Subpart A: Equivalent Facilitation

Subpart A: 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.

Subpart A: Application

• Comments and updates for the application section of Subpart A

NOTE: a new entry before item (a) is being proposed. This is new after the May 30 draft, but is being listed here so it is highlighted. The new proposed entry is:
In general, this section applies only to the consideration of accessibility in the process of developing, procuring, maintaining, or using electronic and information technology

• Comments and updates for the application section of Subpart A and the new note

(a)

Products AND SERVICES 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, OR MAINTAINING 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, or maintanence shall explain why, and to what extent, compliance with each such provision creates an undue burden.

• Source: {508}1194.2(a)
• Comments and updates for this provision

(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.

• Source: {508}1194.2(b)
• Comments and updates for this provision

(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.

• Source: {508}1194.2(c)
• Comments and updates for this provision

(d)

When determining if individuals with disabilities have access to and use of information and data that is comparable to that available to individuals without disabilities, each agency shall ensure that individuals with disabilities have access that is timely, accurate and complete, and in a manner and medium appropriate to the significance of the message. Timely access includes consideration of the speed with which a person with a disability can use electronic and information technology to access information or perform a task as compared to an individual without disabilities. Accurate and complete access ensures that the information and data reflects the intended meaning especially when converted into another form or media.

• Source: New
• Comments and updates for this provision

Subpart A: General Exceptions

• Comments and updates for the exceptions section of Subpart A

(a)

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(a)
• Comments and updates for this provision

(b)

This part does not apply to electronic and information technology that is acquired by a contractor incidental to a contract.

• Source: {508}1194.3(b)
• Comments and updates for this provision

(c)

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(c)
• Comments and updates for this provision

(d)

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(d)
• Comments and updates for this provision

(e) Fundamental Alteration

This part shall not be construed to require a fundamental alteration in the nature of the product OR THE AGENCY’S INTENDED BUSINESS NEED, or its components.

• Source: {508}1194.3(e)
• Comments and updates for this provision

(f) Back Office

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

• Source: {508}1194.3(f)
• Comments and updates for this provision

Subpart A: Definitions

• Subpart A Definitions are on a separate page

Subpart A: 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
• Comments and updates for this provision