36 CFR Part 1194 - Information and Communication Technology (ICT) Final Standards and Guidelines (with amendments issued through Jan. 2018)
508 Chapter 2: Scoping Requirements
E201.1 Scope.
ICT that is procured, developed, maintained, or used by agencies shall conform to the Revised 508 Standards.
E202.1 General.
ICT shall be exempt from compliance with the Revised 508 Standards to the extent specified by E202.
E202.2 Legacy ICT.
Any component or portion of existing ICT that complies with an earlier standard issued pursuant to Section 508 of the Rehabilitation Act of 1973, as amended (as republished in Appendix D), and that has not been altered on or after January 18, 2018, shall not be required to be modified to conform to the Revised 508 Standards.
E202.3 National Security Systems.
The Revised 508 Standards do not apply to ICT operated by agencies as part of a national security system, as defined by 40 U.S.C. 11103(a).
E202.4 Federal Contracts.
ICT acquired by a contractor incidental to a contract shall not be required to conform to the Revised 508 Standards.
E202.5 ICT Functions Located in Maintenance or Monitoring Spaces.
Where status indicators and operable parts for ICT functions are located in spaces that are frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment, such status indicators and operable parts shall not be required to conform to the Revised 508 Standards.
E202.6 Undue Burden or Fundamental Alteration.
Where an agency determines in accordance with E202.6 that conformance to requirements in the Revised 508 Standards would impose an undue burden or would result in a fundamental alteration in the nature of the ICT, conformance shall be required only to the extent that it does not impose an undue burden, or result in a fundamental alteration in the nature of the ICT.
E202.6.1 Basis for a Determination of Undue Burden.
In determining whether conformance to requirements in the Revised 508 Standards would impose an undue burden on the agency, the agency shall consider the extent to which conformance would impose significant difficulty or expense considering the agency resources available to the program or component for which the ICT is to be procured, developed, maintained, or used.
E202.6.2 Required Documentation.
The responsible agency official shall document in writing the basis for determining that conformance to requirements in the Revised 508 Standards constitute an undue burden on the agency, or would result in a fundamental alteration in the nature of the ICT. The documentation shall include an explanation of why and to what extent compliance with applicable requirements would create an undue burden or result in a fundamental alteration in the nature of the ICT.
E202.6.3 Alternative Means.
Where conformance to one or more requirements in the Revised 508 Standards imposes an undue burden or a fundamental alteration in the nature of the ICT, the agency shall provide individuals with disabilities access to and use of information and data by an alternative means that meets identified needs.
E202.7 Best Meets.
Where ICT conforming to one or more requirements in the Revised 508 Standards is not commercially available, the agency shall procure the ICT that best meets the Revised 508 Standards consistent with the agency’s business needs.
E202.7.1 Required Documentation.
The responsible agency official shall document in writing: (a) the non-availability of conforming ICT, including a description of market research performed and which provisions cannot be met, and (b) the basis for determining that the ICT to be procured best meets the requirements in the Revised 508 Standards consistent with the agency’s business needs.
E202.7.2 Alternative Means.
Where ICT that fully conforms to the Revised 508 Standards is not commercially available, the agency shall provide individuals with disabilities access to and use of information and data by an alternative means that meets identified needs.
E203.1 General.
Agencies shall ensure that all functionality of ICT is accessible to and usable by individuals with disabilities, either directly or by supporting the use of assistive technology, and shall comply with E203. In providing access to all functionality of ICT, agencies shall ensure the following:
A. That 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; and
B. That members of the public with disabilities who are seeking information or data from a Federal agency have access to and use of information and data that is comparable to that provided to members of the public who are not individuals with disabilities.
E203.2 User Needs.
When agencies procure, develop, maintain or use ICT they shall identify the needs of users with disabilities to determine:
A. How users with disabilities will perform the functions supported by the ICT; and
B. How the ICT will be developed, installed, configured, and maintained to support users with disabilities.
E204.1 General.
Where the requirements in Chapters 4 and 5 do not address one or more functions of ICT, the functions not addressed shall conform to the Functional Performance Criteria specified in Chapter 3.
E205.1 General.
Electronic content shall comply with E205.
E205.2 Public Facing.
Electronic content that is public facing shall conform to the accessibility requirements specified in E205.4.
E205.3 Agency Official Communication.
Electronic content that is not public facing shall conform to the accessibility requirements specified in E205.4 when such content constitutes official business and is communicated by an agency through one or more of the following:
A. An emergency notification;
B. An initial or final decision adjudicating an administrative claim or proceeding;
C. An internal or external program or policy announcement;
D. A notice of benefits, program eligibility, employment opportunity, or personnel action;
E. A formal acknowledgement of receipt;
F. A survey questionnaire;
G. A template or form;
H. Educational or training materials; or
I. Intranet content designed as a Web page.
EXCEPTION: Records maintained by the National Archives and Records Administration (NARA) pursuant to Federal recordkeeping statutes shall not be required to conform to the Revised 508 Standards unless public facing.
E205.4 Accessibility Standard.
Electronic content shall conform to Level A and Level AA Success Criteria and Conformance Requirements in WCAG 2.0 (incorporated by reference, see 702.10.1).
EXCEPTION: Non-Web documents shall not be required to conform to the following four WCAG 2.0 Success Criteria: 2.4.1 Bypass Blocks, 2.4.5 Multiple Ways, 3.2.3 Consistent Navigation, and 3.2.4 Consistent Identification.
E205.4.1 Word Substitution when Applying WCAG to Non-Web Documents.
For non-Web documents, wherever the term “Web page” or “page” appears in WCAG 2.0 Level A and AA Success Criteria and Conformance Requirements, the term “document” shall be substituted for the terms “Web page” and “page”. In addition, in Success Criterion in 1.4.2, the phrase “in a document” shall be substituted for the phrase “on a Web page”.
E206.1 General.
Where components of ICT are hardware and transmit information or have a user interface, such components shall conform to the requirements in Chapter 4.
E207.1 General.
Where components of ICT are software and transmit information or have a user interface, such components shall conform to E207 and the requirements in Chapter 5.
EXCEPTION: Software that is assistive technology and that supports the accessibility services of the platform shall not be required to conform to the requirements in Chapter 5.
E207.2 WCAG Conformance.
User interface components, as well as the content of platforms and applications, shall conform to Level A and Level AA Success Criteria and Conformance Requirements in WCAG 2.0 (incorporated by reference, see 702.10.1).
EXCEPTIONS: 1. Software that is assistive technology and that supports the accessibility services of the platform shall not be required to conform to E207.2.
2. Non-Web software shall not be required to conform to the following four Success Criteria in WCAG 2.0: 2.4.1 Bypass Blocks; 2.4.5 Multiple Ways; 3.2.3 Consistent Navigation; and 3.2.4 Consistent Identification.
3. Non-Web software shall not be required to conform to Conformance Requirement 3 Complete Processes in WCAG 2.0.
E207.2.1 Word Substitution when Applying WCAG to Non-Web Software.
For non-Web software, wherever the term “Web page” or “page” appears in WCAG 2.0 Level A and AA Success Criteria and Conformance Requirements, the term “software” shall be substituted for the terms “Web page” and “page”. In addition, in Success Criterion in 1.4.2, the phrase “in software” shall be substituted for the phrase “on a Web page.”
E207.3 Complete Processes for Non-Web Software.
Where non-Web software requires multiple steps to accomplish an activity, all software related to the activity to be accomplished shall conform to WCAG 2.0 as specified in E207.2.
E208.1 General.
Where an agency provides support documentation or services for ICT, such documentation and services shall conform to the requirements in Chapter 6.
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