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.
>-----------------------------------------------------------------------------
>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: wakefield@access-board.gov.
>
>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
> Note 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).
>
> 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.
> Note 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.
>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.
> Note 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.
>
> 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
>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.
> Note 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.
>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
> Note 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.
>
> 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
> Note 6 Section 508(a)(1)(B).
>
> 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
> Note 7 Section 508(a)(6)(B).
>
> 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.
> Note 8 This provision applies only to electronic and information technology
>that is procured by a Federal department or agency after August 7, 2000.
>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.
> 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]
>BILLING CODE 8150-01-P
>
>
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