Origins of Subpart A
Notes
A definition should not contain a design requirement (“substantive provision”). In addition, we should only write definitions for a terms that are used in the requirements or advisory notes.
Key terms with current definitions (in 508/255) have been strongly emphasized. Key terms that are in need of definitions are emphasized.
Section 508, Subpart A (“General”)
| Section Name | Section number or term | Provision | Origin | Does it result in much technical assistance? | Working Notes |
|---|---|---|---|---|---|
| Purpose | § 1194.1 | 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 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. | This is a summary of statutory provisions. | Questions about meaning of “information and data” and “comparable access” might lend themselves to advisory notes. | Terry Weaver – useful provision. What is reasonable accommodations vs what is comparable access would be helpful.
Mike Fratkin – comparable access – is it measurable or testable? Accessibility vs. usability is an issue. Michael Takemura – advisory notes would be good. Is Undue burden well explained? Terry Weaver – Undue burden is addressed later in this doc. How does it differ from reasonable accommodation? Janice – when we get to definitions, put examples with the definitions. Terry Weaver – will help with tracking definitions. It exists outside of 508 and has case law attached. Jim Tobias – need to liaison with other subcoms regarding definitions. Terry Weaver – information and data – what is content? Katie – will provide IRS doc on “is email content”. Action – start a dialogue on definitions on the Wiki for all of the subcommittees to address (Bruce). Action – create a space on information data & content (Katie). Action – create a space on comparable access (Bruce). |
| Application | § 1194.2 (a) | (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. | Section 508 statute 29 USC 7942(a)(1)(A): | Questions about meaning of “undue burden” might lend themselves to advisory notes. See definition of “undue burden” in the 508 Standard. | Action – undue burden – based in law and agency policy – provide additional clarification i.e. examples. |
| § 1194.2 (a)(1) | (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. | Section 508 statute 29 USC 794d(a)(1)(B): | Very little TA.
Questions about meaning of alternative means and alternative methods might lend themselves to connected definitions. | ||
| § 1194.2 (a)(2) | (2) When procuring 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 procurement shall explain why, and to what extent, compliance with each such provision creates an undue burden. | Section 508 statute 29 USC 794d(a)(4):
http://www.access-board.gov/sec508/guide/act.htm FAR 39.204 (e)(2) http://www.arnet.gov/far/... | Very little TA.
Sometimes questions arise about whether agencies need to document reasons for procuring products that are not 508-conformant. | ||
| § 1194.2 (b) | (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. | FAR:12.202(b)
http://acquisition.gov/far/current/html/Subpart%2012_2.html This origin is noted in the 508 Preamble: http://www.access-board.gov/sec508/preamble.htm | Heavy TA about what “best meets” means. | ||
| § 1194.2 (c) | (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. | Clinger-Cohen 40 USC 1452:
http://www.access.gpo.gov/uscode/title40/chapter25_.html http://www.access.gpo.gov/uscode/title40/title40.html Section 508 statute 29 USC 794d(a)(3)(A)(i): http://www.access-board.gov/sec508/guide/act.htm FAR: 2.101 (b) “electronic and information technology” (3)(i) http://acquisition.gov/far/current/html/Subpart%2012_2.html | Some TA, such as questions about individual meanings of “developed, procured, maintained, or used”. | ||
| General exceptions | § 1194.3 (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). | Section 508 statute 29 USC 794d(a)(5):
http://www.access-board.gov/sec508/guide/act.htm Clinger-Cohen 40 USC 1452: http://www.access.gpo.gov/uscode/title40/chapter25_.html http://www.access.gpo.gov/uscode/title40/title40.html | Yes.
The following two examples are illustrative, but not exhaustive of all related questions:
| |
| § 1194.3 (b) | (b) This part does not apply to electronic and information technology that is acquired by a contractor incidental to a contract. | Clinger-Cohen 40 USC 1452:
http://www.access.gpo.gov/uscode/title40/chapter25_.html http://www.access.gpo.gov/uscode/title40/title40.html FAR 2.101 (b) "electronic and information technology" (3) (i) http://acquisition.gov/far/current/html/Subpart%2012_2.html | Low TA.
An example of TA is whether a broad interpretation of “incidental to a contract” is allowable. | ||
| § 1194.3 (c) | (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. | Section 508 statute 29 USC 794d(a)(6)(A): | Low TA. | ||
| § 1194.3 (d) | (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. | Section 508 statute: | Low TA. | ||
| § 1194.3 (e) | (e) This part shall not be construed to require a fundamental alteration in the nature of a product or its components. | 508 NPRM: | Some TA. | ||
| § 1194.3 (f) | (f) 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. | ADAAG 4.1.1(5)(b):
“Accessibility is not required to or in: non-occupiable spaces accessed only by ladders, catwalks, crawl spaces, very narrow passageways, tunnels, or freight (non-passenger) elevators, and frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment; such spaces may include, but are not limited to, elevator pits, elevator penthouses, piping or equipment catwalks, water or sewage treatment pump rooms and stations, electric substations and trans former vaults, and highway and tunnel utility facilities;” | Moderate to heavy TA | ||
| Definitions, § 1194.4 | Agency | Any Federal department or agency, including the United States Postal Service. | Section 508 statute 29 Usc 794d(a)(1)(A):
http://www.access-board.gov/sec508/guide/act.htm Intended to be shorthand reference to 794(a)(1)(A) | Some TA as to whether a particular entity is covered by the statute | |
| Alternate formats | Alternate formats usable by people with disabilities may include, but are not limited to, Braille, ASCII text, large print, recorded audio, and electronic formats that comply with this part. | This is consistent with the same term used in the 255 Guidelines:
http://www.access-board.gov/telecomm/rule.htm In 508 NPRM, without many comments. http://www.access-board.gov/sec508/nprm.htm | No | ||
| Alternate methods | Different means of providing information, including product documentation, to people with disabilities.
Alternate methods may include, but are not limited to, voice, fax, relay service, TTY, Internet posting, captioning, text-to-speech synthesis, and audio description. | This is consistent with the term “alternate modes” used in the 255 Guidelines: | No | ||
| Assistive technology | 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. | Based on AT Act of 1998:
PL 105-394, Section 3(a) http://www.section508.gov/docs/AT1998.html#3 For your reference, this is the 2004 AT law: PL 108-364 http://frwebgate.access.gpo.gov/cgi-bin/... | Some TA.
Example: How does 508 apply to AT products? | ||
| 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 the principal function of which is not the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. For example, HVAC (heating, ventilation, and air conditioning) equipment such as thermostats or temperature control devices, and medical equipment where information technology is integral to its operation, are not information technology. | Section 508 statute: 29 USC 794(a)(2)(A)(i)
http://www.access-board.gov/sec508/guide/act.htm But Access Board added to the definition. Example: added World Wide Web sites. This helped fill holes in the Clinger-Cohen definition, which is outdated. Adapted from and consistent with Clinger-Cohen 40 USC 1401(3): http://www.access.gpo.gov/uscode/title40/title40.html | Fair amount of TA.
Questions about whether certain types of products fall under 508. Examples include but are not limited to: digital clocks, postage systems, label makers, radios, some medical equipment, and laboratory and scientific equipment. | ||
| 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. | Section 508 statute:
Section 508 statute: 29 USC 794(a)(2)(A)(i) http://www.access-board.gov/sec508/guide/act.htm Clinger-Cohen 40 USC 1401(3): http://www.access.gpo.gov/uscode/title40/chapter25_.html http://www.access.gpo.gov/uscode/title40/title40.html | Some TA. | ||
| Operable controls | A component of a product that requires physical contact for normal operation.
Operable controls include, but are not limited to, mechanically operated controls, input and output trays, card slots, keyboards, or keypads. | Based in ADAAG 4.1.3(13):
"Controls and operating mechanisms in accessible spaces, along accessible routes, or as parts of accessible elements (for example, light switches and dispenser controls) shall comply with 4.27." | Some TA related to self-contained products. | ||
| Product | Electronic and information technology. | "Product" is a shorthand reference to E&IT | Some. Question as to what is meant by E&IT including services. | ||
| Self Contained, Closed Products | Products that generally have embedded software and are commonly designed in such a fashion that a user cannot easily attach or install assistive technology. These products include, but are not limited to, information kiosks and information transaction machines, copiers, printers, calculators, fax machines, and other similar types of products. | 508 NPRM: | Moderate TA.
Questions from industry as to whether accessibility solutions must be built-in. Also, questions about whether certain products fit into that category. | ||
| 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. | From Telecommunications Act (1996):
47 Usc 153(43) http://www.access-board.gov/about/laws/telecomm.htm Consistent with the 255 Guidelines: http://www.access-board.gov/telecomm/rule.htm | Some.
Questions about differences between telecommunications products, telecommunications services, and information services. Question about coverage for VoIP products. | ||
| TTY | An abbreviation for teletypewriter.
Machinery or equipment that employs interactive text based communications through the transmission of coded signals across the telephone network. TTYs may include, for example, devices known as TDDs (telecommunication display devices or telecommunication devices for deaf persons) or computers with special modems. TTYs are also called text telephones. | Based in ADAAG 3.5:
Text Telephone. Machinery or equipment that employs interactive text based communications through the transmission of coded signals across the standard telephone network. Text telephones can include, for example, devices known as TDDs (telecommunication display devices or telecommunication devices for deaf persons) or computers with special modems. Text telephones are also called TTYs, an abbreviation for tele-typewriter. http://www.access-board.gov/adaag/html/adaag.htm#3.5 Consistent with the 255 Guidelines: http://www.access-board.gov/telecomm/rule.htm. | No TA | ||
| 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. | Undue burden has its history in judicial interpretations (starting in 1979) and federal civil rights regulations (starting in 1984 with DOJ regulations on section 504 of the Rehabilitation Act).
Activate the link below for a background summary of the term “undue burden”. http://www.section508.gov/docs/undueburdenarticle.htm | Yes.
Questions about meaning of undue burden might lend themselves to an advisory. | ||
| Equivalent facilitation | § 1194.5 | 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. | Same concept as in ADAAG (1991).
Intention for the provision to serve as a release valve to depart from the technical provisions. http://www.access-board.gov/adaag/... EITAAC Final Report: http://www.access-board.gov/sec508/commrept/eitaacrpt.htm | Yes |
Section 255, Subpart A (“General”) and Subpart B (“General Requirements”)
Subpart B is included because it could be viewed as how to apply the 255 Guidelines, comparable to Section 508 “Application”.
Section 255 Guidelines generally do not result in much TA because it appears that people who we talk to do not read them.
A definition should not contain a design requirement (“substantive provision”). In addition, we should only write definitions for a terms that are used in the requirements or advisory notes.
| (Section Number and Name) or Term | Provision | Origin | Does it result in much technical assistance? | Working Notes | |
|---|---|---|---|---|---|
| Subpart A | § 1193.1 Purpose | This part provides requirements for accessibility, usability, and compatibility of telecommunications equipment and customer premises equipment covered by the Telecommunications Act of 1996 (47 U.S.C. 255). | Telecommunications Act (1996):
http://www.access-board.gov/about/laws/telecomm.htm Restates statute. Non-substantive. Basically says that the purpose of the Guidelines is to implement the law. | No | |
| § 1193.2 Scoping | This part provides requirements for accessibility, usability, and compatibility of new products and existing products which undergo substantial change or upgrade, or for which new releases are distributed.
This part does not apply to minor or insubstantial changes to existing products that do not affect functionality. | TAAC Report (255 advisory committee) in 1998):
http://www.access-board.gov/telecomm/commrept/taacrpt.htm http://www.access-board.gov/telecomm/commrept/TAACreport.pdf | No | ||
| § 1193.3 Definitions | Terms used in this part shall have the specified meaning unless otherwise stated. Words, terms and phrases used in the singular include the plural, and use of the plural includes the singular. | No | |||
| Accessible | Telecommunications equipment or customer premises equipment which comply with the requirements of subpart C of this part. | Consistent with the way the Access Board defines “accessible” with respect to all of its rulemaking:
Accessibility is conformance with our standards and guidelines. | No.
Questions about meaning of “accessible” might lend themselves to eliminating this term from the definitions list. (This was in the 508 NPRM but not in the 508 final rule.) | ||
| Alternate formats | Alternate formats may include, but are not limited to, Braille, ASCII text, large print, and audio cassette recording. | TAAC Report (255 advisory committee) in 1998):
http://www.access-board.gov/telecomm/commrept/taacrpt.htm http://www.access-board.gov/telecomm/commrept/TAACreport.pdf | No | ||
| Alternate modes | Different means of providing information to users of products including product documentation and information about the status or operation of controls.
Examples of alternate modes may include, but are not limited to, voice, fax, relay service, TTY, Internet posting, captioning, text-to-speech synthesis, and video description. | TAAC Report (255 advisory committee) in 1998):
http://www.access-board.gov/telecomm/commrept/taacrpt.htm http://www.access-board.gov/telecomm/commrept/TAACreport.pdf This is what the TAAC Report says under definitions: “Alternate Formats, Alternate Methods — Alternate formats and alternate methods may include, but are not limited to: voice, FAX, TRS (relay service), Internet posting, closed captioning, audiotext, audio-cassette recording, audio-description, Braille, ASCII text, and large print.” | No | ||
| Compatible | Telecommunications equipment or customer premises equipment which comply with the requirements of Subpart D. | Telecommunications Act (1996): | No | ||
| Customer premises equipment | Equipment employed on the premises of a person (other than a carrier) to originate, route, or terminate telecommunications. | Telecommunications Act (1996): | No | ||
| Manufacturer | A manufacturer of telecommunications equipment or customer premises equipment that sells to the public or to vendors that sell to the public; a final assembler. | Telecommunications Act (1996):
http://www.access-board.gov/about/laws/telecomm.htm Based on statute. Plus addition (of assembler), based on comment. | No | ||
| Peripheral devices | Devices employed in connection with telecommunications equipment or customer premises equipment to translate, enhance, or otherwise transform telecommunications into a form accessible to individuals with disabilities. | Telecommunications Act (1996):
http://www.access-board.gov/about/laws/telecomm.htm Term used in Telecom Act statute. Access Board defined it (255 NPRM). | No | ||
| Product | Telecommunications equipment or customer premises equipment. | “Product” is shorthand for “Telecommunications equipment or customer premises equipment” | No | ||
| Readily achievable | Easily accomplishable and able to be carried out without much difficulty or expense. | Telecommunications Act (1996):
http://www.access-board.gov/about/laws/telecomm.htm Also, see 255 Guidelines Appendix Advisory Guidance, 1193.3 Definitions: http://www.access-board.gov/telecomm/rule.htm Origin in ADA. Based on Section 36.304 Removal of Barriers, ADA 28 CFR Part 36 (1991) http://www.ada.gov/reg3a.html#Anchor-91481 | No | ||
| Specialized customer premises equipment | Equipment, employed on the premises of a person (other than a carrier) to originate, route, or terminate telecommunications, which is commonly used by individuals with disabilities to achieve access. | Telecommunications Act (1996): | No | ||
| 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 (1996): | No | ||
| Telecommunications equipment | Equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades). | Telecommunications Act (1996): | No | ||
| Telecommunications service | The offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. | Telecommunications Act (1996): | Low | ||
| TTY | An abbreviation for teletypewriter.
Machinery or equipment that employs interactive text based communications through the transmission of coded signals across the standard telephone network. TTYs can include, for example, devices known as TDDs (telecommunication display devices or telecommunication devices for deaf persons) or computers with special modems. TTYs are also called text telephones. | Based in ADAAG 3.5:
Text Telephone. Machinery or equipment that employs interactive text based communications through the transmission of coded signals across the standard telephone network. Text telephones can include, for example, devices known as TDDs (telecommunication display devices or telecommunication devices for deaf persons) or computers with special modems. Text telephones are also called TTYs, an abbreviation for tele-typewriter. http://www.access-board.gov/adaag/html/adaag.htm#3.5 | No | ||
| Usable | Means that individuals with disabilities have access to the full functionality and documentation for the product, including instructions, product information (including accessible feature information), documentation, and technical support functionally equivalent to that provided to individuals without disabilities. | TAAC Report (255 advisory committee) in 1998):
http://www.access-board.gov/telecomm/commrept/taacrpt.htm http://www.access-board.gov/telecomm/commrept/TAACreport.pdf Discussed in preamble to 255 Guidelines as part of a term of art, “accessible to and usable by”, which is a standard phrase in disability law and regulation. http://www.access-board.gov/telecomm/rule.htm< | Low.
Questions about usability sufficiency of accessible product support documentation might lend themselves to advisory notes. | ||
| Subpart B | § 1193.21 Accessibility, usability and compatibility | Where readily achievable, telecommunications equipment and customer premises equipment shall comply with the requirements of
subpart C of this part. Where it is not readily achievable to comply with subpart C of this part, telecommunications equipment and customer premises equipment shall comply with the requirements of " subpart D of this part, if readily achievable. | Telecommunications Act (1996): | No | |
| § 1193.23 Product design, development, and evaluatio | TAAC Report (255 advisory committee) in 1998):
http://www.access-board.gov/telecomm/commrept/taacrpt.htm http://www.access-board.gov/telecomm/commrept/TAACreport.pdf | ||||
| § 1193.23 (a) | Manufacturers shall evaluate the accessibility, usability, and compatibility of telecommunications equipment and customer premises equipment and shall incorporate such evaluation throughout product design, development, and fabrication, as early and consistently as possible. Manufacturers shall identify barriers to accessibility and usability as part of such a product design and development process. | No | |||
| § 1193.23 (b) | In developing such a process, manufacturers shall consider the following factors, as the manufacturer deems appropriate: | No | |||
| § 1193.23 b (1) | Where market research is undertaken, including individuals with disabilities in target populations of such research; | No | |||
| § 1193.23 b (2) | Where product design, testing, pilot demonstrations, and product trials are conducted, including individuals with disabilities in such activities; | No | |||
| § 1193.23 b (3) | Working cooperatively with appropriate disability-related organizations; and | No | |||
| § 1193.23 b (4) | Making reasonable efforts to validate any unproven access solutions through testing with individuals with disabilities or with appropriate disability-related organizations that have established expertise with individuals with disabilities. | No |
