Section 508 requirements, DOT EIT policy (DOT Order 1351.23), and FAA policy and
02/18/2021 1370.120A (5) Educate FAA employees on Access Board ICT Accessibility Standards to meet Section 508 requirements, DOT EIT policy (DOT Order 1351.23), and FAA policy and procedures; and e. Comply with DOT efforts to monitor Section 508 compliance, including periodic reports required by the Department of Justice (OMB Memo, "Improving the Accessibility of Government Information," July 19, 2010).
f. FAA Enterprise Service Center (ESC) must: (1) Ensure all new, updated, and/or upgraded ICT conforms to Access Board ICT Accessibility Standards and Section 508 requirements for all FAA, DOT, and external customers, unless a documented and approved exception exists. This includes incorporating accessibility provisions into software development lifecycles, whether procured from outside sources or developed internally; (2) Follow the respective process for documenting and approving exceptions for FAA and DOT customers. ESC will develop guidelines regarding exception approval for external customers and will submit t o the FAA Section 508 Program Office for approval; (3) Conduct evaluations to ensure ICT complies with Access Board ICT Accessibility Standards and Section 508 requirements. The Section 508 testing process will be the same process as used by the FAA Office of Information and Technology Services (AIT) for similar testing. ESC must retain Section 508 accessibility evaluation reports and provide them to the FAA Section 508 Program Office, on request, in order to comply with DOT and OMB reporting requirements; and (4) Provide the FAA Section 508 Coordinator an implementation plan detailing how Access Board ICT Accessibility Standards and Section 508 requirements will be institutionalized within ESC. The plan will include target dates and will be provided 90 days after the effective date of this Order .
g. FAA Requiring Officials must: (1) Identify the applicable Access Board ICT Accessibility Standards and Section 508 requirements in any requirements documents and ensure the requested ICT deliverables meet applicable technical provisions; (2) Conduct market research to identify what ICT products, if any, are available to meet applicable Access Board ICT Accessibility Standards and Section 508 requirements or whether an exception applies; (3) Draft accessibility specifications, including appropriate ICT accessibility validation and verification specifications and requirements, and language for Statements of Work (SOWs).
Specifications requiring end-user testing requirements for all requested ICT, including third- party products, systems or applications, will ensure compatibility within the FAA/DOT environment; 02/18/2021 1370.120A (4) Ensure that all solicitations for ICT include a clear statement of the responsibilities vendors and/or service providers have in supplying ICT that meets Access Board ICT Accessibility Standards and Section 508 requirements; (5) Document and obtain approval for all undue burden, fundamental alteration, and commercial non-availability determinations per the approved FAA/DOT process; and (6) Obtain the signature of the FAA CIO or his/her designee and approval documents, including commercial non-availability, for inclusion in the contract file and submission to the contracting official.
h. The FAA Chief Acquisition Officer (ACQ-1) must: (1) Provide direction to all FAA acquisition and contracting officials to include relevant Section 508 procurement documentation with contract files to ensure that appropriate Access Board ICT Accessibility Standards and Section 508 requirements have been identified, validated, and verified; (2) Ensure the AMS and any other acquisition policies and guidance align with current Federal accessibility guidelines and requirements; (3) Provide direction, as appropriate, to acquisition and contracting employees to complete specialized ICT accessibility and Section 508 role-based training, as needed. This may include, but is not limited to, contracting officers, purchase card holders, and users of financial systems (e.g., PRISM, DELPHI, etc.); and (4) Conduct validation assessments of FAA procurement solicitations to ensure appropriate Access Board ICT Accessibility Standards and Section 508 requirements are included in SOWs, Performance Work Statements, and other acquisition documents. FAA will comply with DOT requirements for evaluations and reporting. Reports will be provided to the FAA Section 508 Program Office.
i. FAA Contracting Officers must: (1) Review SOWs and purchase requests to ensure requiring officials have either included Access Board ICT Accessibility Standards and Section 508 requirements or stated that requirements are not applicable. ICT includes electronic documents provided as deliverables; (2) Ensure the contract file contains applicable ICT accessibility documents provided by the requiring official regarding undue burden or commercial non-availability determination, and vendor and/or service provider documents related to conformance of the offered ICT with Access Board ICT Accessibility Standards and Section 508 requirements; and (3) Complete specialized role-based training as needed.
02/18/2021 1370.120A j. FAA Contracting Officer’s Representatives must: (1) Ensure any ICT deliverables meet the Section 508 Standards as outlined in procurement documents by validating vendor claims prior to acceptance of deliverables; and k. Complete specialized role-based training as needed.
l. FAA Purchase Card Holders must: (1) Verify ICT products and services meet Section 508 Standards prior to purchase, as appropriate; and (2) Complete specialized role-based training as needed.
m. Project Managers must: (1) Develop and implement a test and/or acceptance plan using available tools during all phases of the project lifecycle to determine if ICT, including third-party products, systems, and applications are compliant with Access Board ICT Standards and Section 508 requirements; (2) Ensure all new and upgraded ICT conforms to Access Board ICT Accessibility Standards and Section 508 requirements, unless a documented and approved exception exists.
This includes incorporating accessibility provisions into software development lifecycles, whether procured from external sources or internally developed; (3) Ensure projects incorporate Access Board ICT Accessibility Standards and Section 508 requirements during the design, development, procurement, or use of ICT and document requirements in all applicable project-related documentation; and (4) Complete specialized role-based training as needed.
n. The FAA Web Manager must: (1) Ensure the content and templates of internal and external FAA web pages and applications, including links to web applications and files (e.g., Word, PDF, PowerPoint, multimedia, audio, etc.), fully conform to Access Board ICT Accessibility Standards and Section 508 requirements and maintain a 98% or higher compliance rating; (2) Develop, implement, and maintain plans to remediate ICT accessibility issues identified by the FAA Section 508 Program office or DOT for the web pages (including SharePoint) and applications; (3) Provide means for external and internal web site visitors to report accessibility problems in accordance with DOT Section 508 compliant procedures and obtain information by alternative means; and (4) Complete specialized role-based training as needed.
02/18/2021 1370.120A o. FAA Web Liaisons must: (1) Ensure the content of internal and external FAA web pages and applications, including links to web applications and files (e.g., Word, PDF, PowerPoint, multimedia, audio, etc.), fully conforms to Access Board ICT Accessibility Standards and Section 508 requirements and maintain a 98% or higher compliance rating; (2) Develop, implement, and maintain plans to remediate ICT accessibility issues identified by the FAA Section 508 Program office or DOT for the web pages (including SharePoint) and applications under his/her direct control; and (3) Complete specialized role-based training as needed.
p. FAA Developers (Application, Software, & Web) and Content Management System Users must: (1) Ensure Access Board ICT Accessibility Standards and Section 508 requirements are included in the early phases of lifecycle development. This applies to software and applications procured from external sources or internally developed; (2) Conduct appropriate testing to ensure ICT complies with Access Board ICT Accessibility Standards and Section 508 requirements; (3) Ensure the content of internal and external FAA web pages and applications, including links to web applications and files (e.g., Word, PDF, PowerPoint, multimedia, audio, etc.), fully conforms to Access Board ICT Accessibility Standards and Section 508 requirements and maintain a 98% or higher compliance rating; and (4) Complete specialized role-based training as needed.
q. FAA Employees & Contractors must (excluding Occupational Series Codes 2152 & 2154): (1) Ensure any content produced for distribution (e.g., Word, PDF, multimedia, social media channels, broadcast messages, training, etc.) fully conforms to Access Board ICT Accessibility Standards and Section 508 requirements; (2) Complete Section 508 training, as needed, to ensure development and production of accessible content. Employees and contractors may review available training specifically related to their role or the tools they use to produce content (e.g., Adobe, SharePoint); and (3) Ensure any content or training that is produced for distribution or required by Occupational Series Codes 2152 & 2154 and/or is shared with anyone outside of Occupational Series Codes 2152 & 2154, fully conforms to Access Board ICT Accessibility Standards and Section 508 requirements.
02/18/2021 1370.120A 9. Statutory Policy & Regulatory Mandates. The following statutes, policies, and regulations might apply if consistent with Public Law 104-264 as implemented in the AMS and FAA’s Personnel Management System (PMS).
a. 29 U.S.C. § 794d, Electronic and Information Technology, Section 508, Rehabilitation Act of 1973 b. 29 U.S.C. § 791, Employment of Individuals with Disabilities, Section 501, Rehabilitation Act of 1973 c. 29 U.S.C. § 794, Nondiscrimination Under Federal Grants and Programs, Section 504, Rehabilitation Act of 1973 d. 36 Code of Federal Regulations (CFR) Part 1194, Electronic and Information Technology Accessibility Standards e. 49 CFR 28.170, Compliance Procedures E-Government Act of 2002, Public Law 107 - 347, December 17, 2002, 116 Stat. 2899, 44 U.S.C. § 3501(d) f. FAA Acquisition Management System (AMS) Policy, T3.2.2 g. Office of Management and Budget Memo M-05-04 dated December 17, 2004, Policies for Federal Agency Public Web Sites h. Office of Management and Budget Memo dated July 19, 2010, Improving the Accessibility of Government Information i. Workforce Investment Act of 1998, Public Law 105-220, August 7, 1998, 112 Stat. 936, Subtitle C, Section 341, Title IV DOT Electronic and Information Technology (EIT) Accessibility Policy (DOT Order 1351.23) 10. Definitions. Definitions of specialized terms used in this subject area, with relevant abbreviations and acronyms, are contained in Appendix A of this Order.
11. Background. More than 54 million Americans are persons with disabilities and more than 7 million people with disabilities work for the government. In 1998, Congress amended Section 508 of the Rehabilitation Act of 1973 to require that when Federal agencies develop, procure, maintain, or use ICT: a. Individuals with disabilities who are Federal employees have access to and use of information and data that is comparable to the access to and use of the information and data by Federal employees who are not individuals with disabilities; b. Individuals with disabilities who are members of the public, including applicants for employment, seeking information or services from a Federal department or agency have access to and use of information and data that is comparable to the access to and use of the information and data by such members of the public who are not individuals with disabilities; and 02/18/2021 1370.120A c. Comparable access is not required if certain exceptions apply, including if it would impose an undue burden on the agency or a fundamental alteration in the nature of the ICT.
12. Distribution. This order is distributed to the division level in Washington headquarters, regions, centers, and a standard distribution to all field offices and facilities.
Steve Dickson Administrator
Appendix A
02/18/2021 1370.120A Appendix A Appendix A: Definitions a. Alternate Means of Access are different means of providing information, including product documentation, to people with disabilities when meeting the Access Board standards would impose an undue burden or fundamental alteration in the ICT. The term may include, but is not limited to, voice, fax, relay service, TTY, internet posting, captioning, text-to-speech synthesis, and audio description. (Source: Telecommunications Act Accessibility Guidelines, 36 CFR Part 1193) b. Assistive Technology Device is any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. (Source: Individuals with Disabilities Education Improvement Act of 2004, 20 U.S.C. § 1401(1)(A)) c. Commercial Non-availability (Commercial Unavailability) applies when an agency is unable to find a commercial item that meets applicable electronic and information technology accessible standards or when an item cannot be furnished to satisfy the agency’s requirements.
d. Content is electronic information and data, as well as the encoding that defines its structure, presentation, and interactions.
e. Content Owner is anyone who is responsible for the production of content in any form, including electronic documents, videos, web applications, podcasts, etc., that will be made available on the web (Internet, Intranet or Extranet) and accessible by Federal employees or members of the public.
f. Disability is a physical or mental impairment that substantially limits one or more major life activities.
g. Information and Communication Technology (ICT) is IT, as defined by The Access Board, at 36 CFR 1194.4, and any equipment or interconnected system or subsystem of equipment that is used in the creation, conversion or duplication of data or information. ICT includes, but is not limited to: software applications and operating systems, telecommunications products, information kiosks and transaction machines, Web sites (Internet, Intranet and Extranet), video and multimedia products, desktop and portable computers, office equipment such as copiers and fax machines, and documents posted online (e.g., Word, PDF). (Source: 36 CFR 1194.4) h. Equivalent Facilitation is not an exception or variance from the requirement to provide comparable access. Rather, it is recognition that future technologies may be developed, or existing technologies could be used in a particular way, that could provide the same functional access in ways not envisioned by the Access Board ICT Accessibility Standards.
i. Exception allows, in limited instances, the acquisition of products or services that do not fully comply with Section 508 technical standards and functional performance criteria. These limited instances, as defined by law, include those products incidental to a contract; commercial non-availability, back-office, fundamental nature of change, national security, and undue burden.
(Source: The Access Board, www.access-board.gov ; 36 CFR 1194.4) A-1
Appendix A
02/18/2021 1370.120A Appendix A j. Fundamental Alteration is incorporating accessibility features into a product that alters the product in such a way as to reduce substantially the functionality of the product, to render some features inoperable, to impede substantially or deter use of the product by individuals without the specific disability the feature is designed to address, or to alter substantially and materially the shape, to size or weight of the product. (Source: The Access Board, www.access - board.gov ) k. Micro-purchases are simplified purchases with a total estimated potential value under the micro-purchase threshold. Thresholds are defined by the FAA Acquisition Management System (AMS).
l. Multimedia is a broad term for combining multiple media formats. Whenever text, audio, still images, animation, video, and interactivity are combined together, the result is multimedia. Webinars are considered multimedia.
m. National Security System is any telecommunications or information system operated by the United States Government, the functions, operation, or use of which involves intelligence activities; involves cryptologic activities related to National Security; involves command and control of military forces; involves equipment that is an integral part of weapon or weapons system or before is critical to the direct fulfillment of military or intelligence missions. This does not include a system that is to be used for routine administrative and business applications, such as payroll, finance, logistics, and personnel management applications. (Source: Federal Information Security Management Act (FISMA); 44 U.S.C. § 3542) n. Products Incidental to a Contrac t are products acquired by a contractor that are neither used nor accessed by Federal employees or members of the public (contracted employees in their professional capacity are not considered members of the public).
o. Program or Project Manager designation applies to individuals either by their title or by role.
p. Public Facing is content made available by an agency to members of the general public.
Examples include, but are not limited to, an agency website, application, blog post, or social media pages.
q. Requiring Officials are government personnel delegated the responsibility for developing ICT requirements, identifying applicable technical provisions of the ICT Accessibility Standards, conducting market research, drafting specifications, and documenting non-availability and undue burden determinations.
r. Undue Burden means “significant difficulty or expense” when considering “all agency resources available” to the program or component for which the product is being developed, procured, maintained, or used. (Source: 36 CFR 1194.4) s. Web Content Accessibility Guidelines (WCAG) explain how to make web content more accessible to people with disabilities, including natural information such as text, images, and sounds; and code or markup that defines structure, presentation, etc. (Source: W3C, Web Accessibility Initiative) A-2