>From the web page
http://www.access-board.gov/sec508/summary.htm

                      summary of final rule

Standards for Electronic and Information Technology: An Overview

The Access Board is an independent Federal agency devoted to
accessibility for people with disabilities. On December 21,
2000, the Board issued accessibility standards for electronic
and information technology under section 508 of the
Rehabilitation Act, as amended. The Board also develops and
maintains accessibility guidelines for the built environment,
transit vehicles, and telecommunications equipment under other
laws and enforces design standards for federally funded
facilities. Presented here is an overview of the new standards
for electronic and information technology and section 508.

The Law: Section 508
In 1998, Congress amended the Rehabilitation Act and
strengthened provisions covering access to information in the
Federal sector. As amended, section 508 of the Rehabilitation
Act requires access to the Federal government's electronic and
information technology. The law covers all types of electronic
and information technology in the Federal sector and is not
limited to assistive technologies used by people with
disabilities. It applies to all Federal agencies when they
develop, procure, maintain, or use such technology. Federal
agencies must ensure that this technology is accessible to
employees and the public to the extent it does not pose an
"undue burden." The law directs the Access Board to develop
access standards for this technology that will become part of
the Federal procurement regulations.

The scope of section 508 is limited to the Federal sector. It
does not apply to the private sector, nor does it generally
impose requirements on the recipients of Federal funds.
(However, States receiving assistance under the Assistive
Technology Act State Grant program are required to comply with
section 508 and the Board's standards, according to the
Department of Education, which administers the Act. The
Department plans to issue guidance on how the standards apply to
the States under the Assistive Technology Act. For further
information, e-mail the Department of Education or call (202)
205-5666 (voice) or 202-205-5516 (TTY)).

Development of Standards
Shortly after the law was enacted, the Access Board created an
advisory committee to develop recommendations on the standards
to be developed. In May 1999, the Electronic and Information
Technology Access Advisory Committee (EITAAC) completed its work
and presented its recommendations to the Board. The committee
consisted of 27 representatives from industry, various
disability organizations, and other groups with an interest in
the issues to be addressed. On March 31, 2000, the Board
published proposed standards based closely on the committee's
report. The proposed standards were available for public comment
for 60 days through publication in the Federal Register. The
Board sought information and comment on various issues through
questions it posed in a discussion provided in the proposed
rule. Over 100 individuals and organizations submitted comments
on the standards. Comments were submitted by Federal agencies,
representatives of the information technology industry,
disability groups, and persons with disabilities. The Board
finalized the standards according to its review of the comments
and republished them in the Federal Register. The final
standards, which will become part of the Federal Acquisition
Regulations, will help Federal agencies determine whether or not
a technology product or system is accessible.

Enforcement and Effective Date
Section 508 uses the Federal procurement process to ensure that
technology acquired by the Federal government is accessible. The
law also sets up an administrative process under which
individuals with disabilities can file a complaint alleging that
a Federal agency has not complied with the standards. This
process uses the same complaint procedures established under
section 504 of the Rehabilitation Act (which covers access to
Federally funded programs and services). It provides injunctive
relief and attorney's fees to the prevailing party, but does not
include compensatory or punitive damages. Individuals may also
file a civil action against an agency. The enforcement
provisions of section 508 take effect six months from the date
the Board published its final standards. The Board published its
standards on December 21, 2000.  Therefore, the enforcement
provisions of section 508 are effective as of June 21, 2000.
(Originally, they were to take effect August 7, 2000, but
section 508 was further amended to allow time for compliance
after publication of the standards).

By statute, the enforcement provisions of section 508 apply only
to electronic and information technology procured on or after
the effective date. As a result, section 508 does not authorize
complaints or lawsuits to retrofit technology procured before
this date to meet the Board's standards. However, even though
section 508's enforcement mechanisms apply only to procurement ,
the law does require access to technology developed, used or
maintained by a Federal agency. Further, other sections of the
Rehabilitation Act require access to Federal programs (section
504) and accommodation of Federal employees with disabilities
(sections 501 and 504); it is possible that Federal agencies
will use the Board's section 508 standards as a yardstick to
measure compliance with these other sections of the law.

"Undue Burden"
A Federal agency does not have to comply with the technology
accessibility standards if it would impose an undue burden to do
so. This is consistent with language used in the Americans with
Disabilities Act (ADA) and other civil rights legislation, where
the term `undue burden' has been defined as "significant
difficulty or expense." However, the agency must explain why
meeting the standards would pose an undue burden for a given
procurement action, and must still provide people with
disabilities access to the information or data that is affected.


The Standards

General (Subpart A)
The standards define the types of technology covered and set
forth provisions that establish a minimum level of
accessibility. The application section (1194.2) outlines the
scope and coverage of the standards. The standards cover the
full range of electronic and information technologies in the
Federal sector, including those used for communication,
duplication, computing, storage, presentation, control,
transport and production. This includes computers, software,
networks, peripherals and other types of electronic office
equipment. The standards define electronic and information
technology, in part, as "any equipment or interconnected system
or subsystem of equipment, that is used in the creation,
conversion, or duplication of data or information."

Subpart A also explains what is exempt (1194.3), defines terms
(1194.4), and generally recognizes alternatives to what is
required that provide equal or greater access (1194.5).
Consistent with the law, the standards exempt systems used for
military command, weaponry, intelligence, and cryptologic
activities (but not routine business and administrative systems
used for other defense-related purposes or by defense agencies
or personnel). The standards also exempt "back office" equipment
used only by service personnel for maintenance, repair, or
similar purposes.

The standards cover technology procured by Federal agencies
under contract with a private entity, but apply only to those
products directly relevant to the contract and its deliverables.
An exception clarifies that the standards do not apply to
technology that is incidental to a Federal contract. Thus, those
products that are not specified as part of a contract with a
Federal agency would not have to comply with the standards. For
example, a firm that produces a report for a Federal agency
under a contract would not have to procure accessible computers
and word processing software even if they were used exclusively
for the contract; however, compliance would be required if such
products were to become the property of the Federal agency as
contract deliverables or if the Federal agency purchased the
products to be used by the contractor as part of the project. If
a Federal agency contracts with a firm to develop its web site,
the standards would apply to the new web site for the agency but
not to the firm's own web site.

Technical Standards (Subpart B)
The standards provide criteria specific to various types of
technologies, including:

  * software applications and operating systems
  * web-based information or applications
  * telecommunication products
  * video and multimedia products
  * self contained, closed products (e.g., information kiosks,
    calculators, and fax machines)
  * desktop and portable computers

This section provides technical specifications and
performance-based requirements, which focus on the functional
capabilities of covered technologies. This dual approach
recognizes the dynamic and continually evolving nature of the
technology involved as well as the need for clear and specific
standards to facilitate compliance. Certain provisions are
designed to ensure compatibility with adaptive equipment people
with disabilities commonly use for information and communication
access, such as screen readers, Braille displays, and TTYs.

     Software Applications and Operating Systems (1194.21)
     Most of the specifications for software pertain to
     usability for people with vision impairments. For
     example, one provision requires alternative keyboard
     navigation, which is essential for people with vision
     impairments who cannot rely on pointing devices, such
     as a mouse. Other provisions address animated
     displays, color and contrast settings, flash rate, and
     electronic forms, among others.

     Web-based Intranet and Internet Information and
     Applications (1194.22)
     The criteria for web-based technology and information
     are based on access guidelines developed by the Web
     Accessibility Initiative of the World Wide Web
     Consortium. Many of these provisions ensure access for
     people with vision impairments who rely on various
     assistive products to access computer-based
     information, such as screen readers, which translate
     what's on a computer screen into automated audible
     output, and refreshable Braille displays. Certain
     conventions, such as verbal tags or identification of
     graphics and format devices, like frames, are
     necessary so that these devices can "read" them for
     the user in a sensible way. The standards do not
     prohibit the use of web site graphics or animation.
     Instead, the standards aim to ensure that such
     information is also available in an accessible format.
     Generally, this means use of text labels or
     descriptors for graphics and certain format elements.
     (HTML code already provides an "Alt Text" tag for
     graphics which can serve as a verbal descriptor for
     graphics). This section also addresses the usability
     of multimedia presentations, image maps, style sheets,
     scripting languages, applets and plug-ins, and
     electronic forms.

     The standards apply to Federal web sites but not to
     private sector web sites (unless a site is provided
     under contract to a Federal agency, in which case only
     that web site or portion covered by the contract would
     have to comply). Accessible sites offer significant
     advantages that go beyond access. For example, those
     with "text-only" options provide a faster downloading
     alternative and can facilitate transmission of
     web-based data to cell phones and personal digital
     assistants.

     Telecommunications Products (1194.23)
     The criteria of this section are designed primarily to
     ensure access to people who are deaf or hard of
     hearing. This includes compatibility with hearing
     aids, cochlear implants, assistive listening devices,
     and TTYs. TTYs are devices that enable people with
     hearing or speech impairments to communicate over the
     telephone; they typically include an acoustic coupler
     for the telephone handset, a simplified keyboard, and
     a visible message display. One requirement calls for a
     standard non-acoustic TTY connection point for
     telecommunication products that allow voice
     communication but that do provide TTY functionality.
     Other specifications address adjustable volume
     controls for output, product interface with hearing
     technologies, and the usability of keys and controls
     by people who may have impaired vision or limited
     dexterity or motor control.

     Video or Multimedia Products (1194.24)
     Multimedia products involve more than one media and
     include, but are not limited to, video programs,
     narrated slide production, and computer generated
     presentations. Provisions address caption decoder
     circuitry (for any system with a screen larger than 13
     inches) and secondary audio channels for television
     tuners, including tuner cards for use in computers.
     The standards also require captioning and audio
     description for certain training and informational
     multimedia productions developed or procured by
     Federal agencies. The standards also provide that
     viewers be able to turn captioning or video
     description features on or off.

     Self Contained, Closed Products (1194.25)
     This section covers products that generally have
     imbedded software but are often designed in such a way
     that a user cannot easily attach or install assistive
     technology. Examples include information kiosks,
     information transaction machines, copiers, printers,
     calculators, fax machines, and similar types of
     products. The standards require that access features
     be built into the system so users do not have to
     attach an assistive device to it. Other specifications
     address mechanisms for private listening (handset or a
     standard headphone jack), touchscreens, auditory
     output and adjustable volume controls, and location of
     controls in accessible reach ranges.

     Desktop and Portable Computers (1194.26)
     This section focuses on keyboards and other
     mechanically operated controls, touch screens, use of
     biometric form of identification, and ports and
     connectors.

Functional Performance Criteria (Subpart C)
The performance requirements of this section are intended for
overall product evaluation and for technologies or components
for which there is no specific requirement under the technical
standards in Subpart B. These criteria are designed to ensure
that the individual accessible components work together to
create an accessible product. They cover operation, including
input and control functions, operation of mechanical mechanisms,
and access to visual and audible information. These provisions
are structured to allow people with sensory or physical
disabilities to locate, identify, and operate input, control and
mechanical functions and to access the information provided,
including text, static or dynamic images, icons, labels, sounds
or incidental operating cues. For example, one provision
requires that at least one mode allow operation by people with
low vision (visual acuity between 20/70 and 20/200) without
relying on audio input since many people with low vision may
also have a hearing loss.

Information, Documentation, and Support (Subpart D)
The standards also address access to all information,
documentation, and support provided to end users (e.g., Federal
employees) of covered technologies. This includes user guides,
installation guides for end-user installable devices, and
customer support and technical support communications. Such
information must be available in alternate formats upon request
at no additional charge. Alternate formats or methods of
communication, can include Braille, cassette recordings, large
print, electronic text, Internet postings, TTY access, and
captioning and audio description for video materials.

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