Department of Commerce Electronic and Information Technology Accessibility Policy

Purpose

The Department of Commerce is committed to making its electronic and information technology (EIT) resources equally or comparably accessible to people with disabilities. Equal or comparable access to systems, content and services regardless of disability ensures that Commerce employees as well as members of the general public with disabilities can benefit from the products and services provided by the agency.  

The purpose of this policy is to establish how EIT accessibility will be implemented at the Department of Commerce and to provide guidance to our internal and external customers on EIT accessibility requirements and related processes within Commerce. 

This directive supersedes the Department’s Electronic and Information Technology Accessibility Policy of June 8, 2001.

Policy

All IT systems and electronic information developed, procured, maintained or used by the Department of Commerce must comply with Section 508 of the Rehabilitation Act, unless an undue burden is determined, in which case, the information and data shall be provided by an alternate method or format.

When procuring, maintaining or developing EIT, the Department of Commerce and its operating units must comply with Section 508 requirements by ensuring that:

  • all functional requirements and technical standards are identified
  • all applicable exceptions are identified and formally requested
  • appropriate market research is conducted
  • applicable requirements and associated language are included in all solicitations, delivery and task orders
  • the products or services that best meets both functional and Section 508 requirements are selected unless an exception is determined
  • all necessary documentation is produced and available for review.

To ensure compliance and measure progress toward meeting EIT accessibility requirements across the agency, all Commerce operating units will collect information related to the implementation of Section 508 throughout their organizations and make it available to the Department’s Office of the Chief Information Officer and other federal oversight agencies as needed.

In addition, all Commerce operating units will follow the established complaint processes for EIT accessibility detailed below for any alleged Section 508 violations.

Scope

This policy applies to all IT resources developed, procured, maintained or used by the Department of Commerce and its operating units.

Legal and Regulatory Authority

Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 (Public Law 105-220), requires that all electronic and information technologies (EIT) developed, procured, maintained or used by federal agencies on or after June 21, 2001, meet the EIT accessibility standards developed by the Architectural and Transportation Barriers Compliance Board (Access Board), as set forth at 36 Code of Federal Regulations (CFR) Part 1194. The law also requires federal agencies to ensure that individuals with disabilities who are federal employees or members of the public seeking information or services from a federal agency have access to and use of information and data comparable to that provided to federal employees or members of the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

The Access Board defined "electronic and information technology" consistent with the Clinger-Cohen Act of 1996. That Act defines "information technology" to include "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." It includes computer hardware, software, networks, and peripherals as well as many electronic and communications devices commonly used in offices.

The Section 508 standards are the technical requirements and criteria that are used to measure conformance with the law.  More information on Section 508 and the technical standards can be found at www.section508.gov.

In addition to Section 508, the Department’s accessibility efforts are in accordance with the following laws and regulations, among others:

  • Section 504 of the Rehabilitation Act of 1973, as amended
  • Title 40, U.S.C., 11101 (6), “Clinger-Cohen Act of 1996”
  • Title 44, U.S.C., § 3501, “E-Government Act of 2002“
  • Title 36, Code of Federal Regulations (CFR), Part 1194, “Electronic and Information Technology (EIT) Accessibility Standards”
  • Title 48, CFR, 39.204, Federal Acquisition Regulations (FAR), “Acquisition of Information Technology”
  • Federal Acquisition Regulation, Final FAR Ruling 48, CFR Parts 2, 7, 10, 11, 12 and 39 (FAC 97-27; FAR Case 1999-607)
  • Public Law 105-220, Workforce Investment Act of 1998, Amendment to Section 508 of the Rehabilitation Act (29 USC 794d)
  • Office of Management and Budget (OMB) Circular A-130, “Management of Federal Information Resources” (61 FR 6428, February 20, 1996)
  • 29 CFR Part 32, Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving Federal Financial Assistance
  • Clinger-Cohen Act of 1996
  • Department of Commerce Reasonable Accommodations
  • Department of Commerce Disability Hiring and Retaining People with Disabilities Operational Plan FY 11.

As part of the Department’s continuous efforts to ensure equal or comparable access for people with disabilities, this directive establishes the Commerce Section 508 Program and identifies the authorities, roles and responsibilities involved in ensuring that accessibility concerns are addressed in all matters related to the development, acquisition, use and maintenance of electronic and information technology within the agency.

Commerce Section 508 Program

The Commerce Section 508 Program coordinates the implementation of electronic and information technology accessibility standards across the Department and establishes the vision and direction for ensuring that EIT procured, developed, maintained or used by Commerce is accessible to employees and customers with disabilities.  The Program is composed of the Commerce Section 508 Coordinator, Section 508 policy and technical advisors from the Office of the Chief Information Officer, operating-unit Section 508 coordinators and accessibility representatives from the Office of Human Resources and Office of Acquisition Management.  Other subject matter experts will be called upon as needed.

Roles and Responsibilities

Commerce Chief Information Officer (CIO)

The Department of Commerce Chief Information Officer is responsible for the implementation of this Directive and for ensuring that Section 508 accessibility standards are fully integrated into the Department’s electronic and information technology decision-making and investment processes.

The Commerce CIO is also responsible for reviewing and approving Section 508 exception requests for all Commerce-based national security systems and undue burdens.  In addition, the Commerce CIO is responsible for reviewing and approving all Section 508 exception requests for acquisitions submitted to the Office of the CIO according to the acquisition thresholds set forth in the IT Acquisition Initiatives Policy. For acquisitions under the Departmental thresholds, the operating unit CIOs will review and approve all exception requests other than for national security systems and undue burden reasons.

Commerce Section 508 Coordinator

The Commerce Section 508 Coordinator leads the Commerce Section 508 Program to establish agency policies and best practices, provide guidance, increase awareness and ensure the implementation of Section 508 requirements across the Department.

The Commerce Section 508 Coordinator is also responsible for reviewing, processing and advising the Commerce CIO on all exception requests submitted for his or her approval.

Commerce Operating Unit Chief Information Officers

The Commerce Operating Unit Chief Information Officers are responsible for the implementation of this Directive throughout their respective units and for ensuring Section 508 accessibility standards are fully integrated into their electronic and information technology decision-making and investment processes. 

The operating-unit CIOs are responsible for reviewing and making decisions on Section 508 exception requests submitted at the operating-unit level for reasons other than undue burden, national security systems or for systems that meet the IT acquisitions threshold set forth in the IT Acquisition Initiatives Policy.

The operating-unit CIOs are also responsible for certifying that their electronic and information technology systems and products are compliant with Section 508 requirements on an annual basis and for requesting Section 508 exceptions from the Commerce CIO as appropriate.

In addition, the operating-unit CIOs will provide an annual remediation plan to the Commerce Section 508 Coordinator and Commerce CIO for any systems not in compliance with federal accessibility requirements.

Commerce Operating Unit Section 508 Coordinators

The Commerce operating unit Section 508 coordinators serve as the points of contact between the Commerce Office of the Chief Information Officer and the operating units’ own CIO and other relevant communities on matters related to Section 508 requirements.

As members of the Commerce Section 508 Program, the coordinators are responsible for actively participating in Section 508 Coordinators meetings, disseminating guidance, training opportunities and other relevant information throughout their organizations and for responding to data calls from the Commerce Office of the Chief Information Officer as needed.

Chief Financial Officer and Assistant Secretary for Administration

The Commerce Chief Financial Officer and Assistant Secretary for Administration is responsible for ensuring that Section 508 accessibility standards are fully integrated into all applicable administrative processes within the Department, e.g., acquisitions and human resources management.

Director of Acquisition Management

The Commerce Director of Acquisition Management is responsible for providing guidance across the Department to ensure compliance with Section 508 requirements, policies and procedures related to EIT acquisitions.

The Commerce Director of Acquisition Management is also responsible for providing guidance to Commerce procurement officers to ensure procurements of EIT comply with the Federal Acquisition Regulations (FAR) – Subpart 39.2 – Electronic and Information Technology.

Contracting Officers

Commerce contracting officers are responsible for ensuring relevant Section 508 compliance language is included in all contractual actions for EIT items and services.

In addition, contracting officers are responsible for ensuring all Section 508 documentation provided with the purchase request is retained for tracking purposes and a copy provided to the corresponding Commerce Operating Unit Section 508 Coordinator.

Office of Civil Rights Disability Program Senior Policy Advisor

The Commerce Office of Civil Rights Disability Program is responsible for ensuring compliance with Sections 508 complaint processes and for reporting and tracking requirements within Commerce and its operating units. 

Commerce Web Advisory Council

The Commerce Web Advisory Council is responsible for promoting collaboration across the Department to ensure that IT accessibility is built into every Commerce website and Web-enabled application.

Commerce Webmasters

Commerce webmasters are responsible for ensuring that all relevant Web accessibility policies and procedures are followed.  This includes ensuring that Intranet and Internet Web content meets Section 508 EIT accessibility requirements and functional performance criteria and for addressing customer accessibility inquiries about the Commerce sites they manage.

Exceptions

  • The Department of Commerce is not required to acquire EIT that meets the technical provisions of the Access Board’s standards if the acquisition:
  1. is a micro-purchase made prior to January 1, 2003 (FAR 39.204(a))
  2. is for a national security system (FAR 39.204(b) and 36 CFR 1194.3(a))
  3. is acquired by a contractor incidental to a contract (FAR 39.204(c) and 36 CFR 1194.3(b))
  4. is located in spaces frequented only by service personnel for maintenance, repair or occasional monitoring of equipment (FAR 39.204(d) and 36 CFR 1194.3(f)), or
  5. would impose an undue burden on the agency (FAR 39.204(e) and 36 CFR 1194.2).

In addition, the Department is not required to fundamentally alter its needs in order to comply with Section 508 if the alteration would be so fundamental that the agency would no longer be procuring EIT that met its needs.

Exception Process

All exception requests for IT acquisitions that meet the Department’s IT acquisition threshold, undue burden and national security reasons must be sent to the Commerce Section 508 Coordinator for review and processing.  The Commerce Section 508 Coordinator will assess these requests and provide input to the Commerce CIO to support his or her final evaluation for approving or denying the exception request.

Exception requests at the operating-unit level must be submitted to the corresponding Section 508 coordinator for review and processing.  The operating-unit Section 508 Coordinator will assess these requests and provide input to the operating unit CIO to support his or her final decision on the exception request.

Section 508 Complaint Process

The Department of Commerce Office of Civil Rights (OCR) coordinates the enforcement by Commerce operating units of various statutes that prohibit discrimination in programs that receive federal financial assistance and that prohibit discrimination on the basis of disability in accordance with federal laws on nondiscrimination and accessibility in programs and services, including Section 508.

Informal resolution of Section 508 concerns and complaints is strongly encouraged by first contacting the Commerce operating-unit Section 508 Coordinator of the unit conducting the program or the Commerce Section 508 Coordinator.

By statute, the enforcement provisions of section 508 apply only to electronic and information technology procured on or after June 21, 2001. As a result, section 508 does not authorize complaints or lawsuits to retrofit technology procured before this date to meet the Board's standards nor does it authorize complaints or lawsuits for non-procured EIT. Nonetheless, the law requires comparable access to technology developed, used or maintained by a federal agency.

If you are Department of Commerce employee or member of the public who is disabled and would like to submit a formal Section 508-related complaint, please contact the Commerce operating-unit EEO Officer and Section 508 Coordinator (internal link) of the unit conducting the program. You can also contact the Commerce Section 508 Coordinator and the Director of the Office of Civil Rights at U.S. Department of Commerce, Room 6012, 14th Street and Constitution Avenue, NW, Washington, D.C. 20230 or by calling 202-482-0625. OCR staff is available to provide assistance with filing complaints by calling 202-482-4993 (V/TTY). 
The process for handling Section 508 complaints will follow established procedures that exist under Section 504 of the Rehabilitation Act. See 38 CFR Part 15.
Section 508 complaints can also be submitted using this form. (Will link to what is currently the feedback form for the beta commerce site.)

Feedback

If you have feedback or concerns related to the accessibility of any content on this website, please contact DOC/OS/CIO Web Solutions. If applicable, please include the Web address or URL and the specific problems you have encountered. 

If you have comments and/or questions related to the agency’s Section 508 Program, please contact Jennifer Jessup, Commerce Section 508 Coordinator, via email at jjessup@doc.gov or by calling 202-482-0336.

Office of the Chief Information Officer
U.S. Department of Commerce

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Page last updated September 9, 2014