508@HHS

Technical Assistance FAQ's

General Questions

Q:	What does Section 508 Cover?
A:	Almost everything electronic, from a fax machine to a sophisticated payroll management system. There are a few rare exceptions, but all EIT is processed using OPDIV 508 procedures and any determined exceptions documented.

Q:	Don't we have any extra money to deal with this?
A:	No. Section 508 is an unfunded mandate. However, the law has been in place since 1998, and detailed regulations and standards since 2001. Also, the HHS Office on Disability is providing training and some technical assistance, along with GSA, the Access Board, and other organizations.

Q:	I’ve heard about new standards being published. When are they expected to take effect?
A:	Currently, there are no new standards. The Access Board will soon receive a recommendation from an Advisory Committee on possible updates to the existing standards. Any new standards are at least 1 ½ years away from being in place, and will not be applied retroactively.

Q:	When will the next DOJ survey be due/released?
A:	GSA is informing agencies that the DOJ survey is due to be released in the first part of calendar 2008.

Q:	Can I claim an Undue Burden?
A:	The standard for undue burden sounds innocuous – “Significant difficulty or expense” – but don’t be fooled. Case law and administrative rulings are clear: undue burden takes into account your entire program resources, and weighs the increased expense or effort against them to determine if it is “significant”. Note that only your OPDIV Section 508 Official can approve an Undue Burden. Also, an undue burden determination does not leave you without 508 responsibilities. You must develop an accommodation plan for providing the information the system provides to persons with disabilities.

Q:	What’s “commercially non-available” mean?
A:	It means that there is no product that is completely accessible that meets the government need. In this case, you must buy the product that best meets the government requirements - including accessibility.

Q:	What’s the difference between “fundamental alteration” and “undue burden”? If I have to spend inordinate amounts to make something accessible, it’s both, right?
A:	See the question on Undue burden for more on that topic. Fundamental Alteration means that a product has something intrinsic to its basic nature that makes it inaccessible. A good example would be a PDA watch – if you gave it all of the connections and functionality required by the standards, it could no longer fit on your wrist. In this case, you must still require those standards that are technically feasible – the watch may speak the information on the screen, for example – but not those that would require a fundamental alteration of the device.

Q:	I work in Bioterrorism response, and we use a number of systems that access or display classified material. Can I claim a National Security exemption on these systems?
A:	Generally, no. National Security refers to the Clinger-Cohen Act, which, to paraphrase, says that only weapons, command and control of armed forces, and cryptographic systems are national security systems.

Q:	How do I determine which standards apply?
A:	If you are having trouble determining applicable provisions, GSA is introducing a tool called the “Buy Accessible Wizard” which will walk you through the process. The Access Board website at http://www.buyaccessible.gov also has excellent information, and can provide technical assistance with questions on the standards.

Q:	My vendor doesn’t understand what I mean by Section 508, or isn’t giving me the answers I need to make a determination.
A:	Point them to the HHS 508.hhs.gov and tell them to fill out a Product Accessibility Template. If they need more information regarding the standards themselves, point them to the US Access Board www.access-board.gov or to www.ittatc.org, an organization developed by the US Department of Education to provide accessibility information to States and Industry.

Q:	I told my vendor he must “certify” her IT products 508-compliant; she says she can’t. Why?
A:	Two reasons, actually. One, there is no official certifying body accepted by GSA, so any certification doesn’t mean anything. Two, the vendor is responsible for making their products conform to the standards. Compliance is the responsibility of the agency deploying the IT – not the vendor!

Q:	Does this mean I have to test every piece of EIT I buy?
A:	Testing should be done by the vendor, reported via the PAT http://508.hhs.gov/vendors.htm and verified by the OPDIV (or OS) as meeting their needs. Acceptance is a process of verification and awareness of any accessibility concerns, NOT setting up a Lab to ensure every disability can gain comparable access. This is a requirements review process (again for risk management and compliance purposes) - not a detailed technical evaluation. A "determination and finding" will be made by the OPDIV that, based upon the information gathered, the product procured either meets all applicable 508 provisions, or it fails in identified provisions but is the most accessible product available.

Q:	What’s a PAT?
A:	The Product Accessibility Template – designed by industry to report Section 508 conformance. See http://508.hhs.gov/vendors.htm for more details on PATs.

Q:	Help! My employee has told me my phone system is not 508-compliant!
A:	Don’t panic. Contact your EEO office to discuss the issue and possible resolutions. You may only need to provide an accommodation, rather then re-engineer a specific existing system.

Q:	Does Section 508 apply to sites and other EIT funded by the government through cooperative agreements and grants?
A:	A: YES, but indirectly. Access to the program or services offered is required under Section 504 (and other laws). When those programs or services are electronic (such as electronic documents, reports, websites, etc.), the Access Board standards [the “508” standards] may be required to ensure program access. Additionally, if any of the materials that are outcomes of a grant/coop agreement will be distributed or used by HHS (as often happens) in any way, then Section 508 will directly apply. Best practice is therefore to require 508 compliance in any electronic program or service offered with HHS funds. OD and ASPA are working with the HHS Grants Office to develop guidance specific to grant and cooperative agreements..

Q:	I need more information. Where can I get it?
A:	There are several sources. Check out the information, courses, and FAQ at http://508.hhs.gov/ and the GSA information at www.section508.gov. For technical questions on the standards, check out the Access Board at www.access-board.gov. Contact your OPDIV Section 508 Coordinator. If you still need assistance, call the HHS Office on Disability or email questions@hhs508.org.