36 CFR Part 1194 Electronic and Information Technology Accessibility Standards (Section 508 Standards) - Preamble

Background

On August 7, 1998, 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, as amended by the Workforce Investment Act of 1998, requires that when Federal 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 agency.¹ 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.

Section 508(a)(2)(A) requires the Architectural and Transportation Barriers Compliance Board (Access Board)² 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. If an agency determines that meeting the standards, when procuring electronic and information technology, imposes an undue burden, it must explain why meeting the standards creates an undue burden.

On March 31, 2000, the Access Board issued a notice of proposed rulemaking (NPRM) in the Federal Register (65 FR 17346) proposing standards for accessible electronic and information technology. The proposed standards were based on recommendations of the Electronic and Information Technology Access Advisory Committee (EITAAC). The EITAAC was convened by the Access Board in September 1998 to assist the Board in fulfilling its mandate under section 508. It was composed of 27 members including representatives of the electronic and information technology industry, organizations representing the access needs of individuals with disabilities, and other persons affected by accessibility standards for electronic and information technology. Representatives of Federal agencies, including the departments of Commerce, Defense, Education, Justice, Veterans Affairs, the Federal Communications Commission, and the General Services Administration, served as ex-officio members or observers of the EITAAC.

The public comment period for the proposed rule ended on May 30, 2000. Over 100 individuals and organizations submitted comments on the proposed standards. Comments were submitted by Federal agencies, representatives of the information technology industry, disability groups, and persons with disabilities. Approximately 35 percent of the comments came from Federal agencies. Fifteen percent came from individual companies and industry trade associations. Approximately 30 percent of the comments were from individuals with disabilities and organizations representing persons with disabilities. Eight states responded to the proposed rule and the remaining comments were from educational or research organizations.

The proposed standards covered various products, including computers, software, and electronic office equipment in the Federal sector. They provided technical criteria specific to various types of technologies and performance-based requirements, which focus on the functional capabilities of covered technologies. Specific criteria covered controls, keyboards, and keypads; software applications and operating systems (non-embedded); web-based information or applications; telecommunications functions; video or multi-media products; and information kiosks and transaction machines. Also covered was compatibility with adaptive equipment that people with disabilities commonly use for information and communication access.

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).

² 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.