[Federal Register Volume 63, Number 163 (Monday, August 24, 1998)]
[Notices]
[Pages 45041-45043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22758]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
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  Federal Register / Vol. 63, No. 163 / Monday, August 24, 1998 / 
Notices  

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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.

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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: 
[email protected].

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
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    \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).
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    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.
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    \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.
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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.
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    \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.
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    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

[[Page 45042]]

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.
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    \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.
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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
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    \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.
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    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
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    \6\ Section 508(a)(1)(B).
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    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
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    \7\ Section 508(a)(6)(B).
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    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.
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    \8\ This provision applies only to electronic and information 
technology that is procured by a Federal department or agency after 
August 7, 2000.
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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.

[[Page 45043]]

    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