Enclosure (11) to COMDTINST 5230.60A
SECTION 508 DETERMINATION AND CERTIFICATION FOR ELECTRONIC AND INFORMATION
TECHNOLOGY (EIT) PURCHASE REQUESTS
TO BE COMPLETED BY THE REQUIRING OFFICIAL (PURCHASE REQUESTOR)
National Security Exemption Policy
c. Command and control of military forces - refers to the command and control of military forces
involved in peacetime and wartime missions.
d. Military missions - involves military operations and military readiness for National Defense.
e. National Security, activities related to - national security includes, but is not limited to, activities
that:
(1) Reduce the vulnerability of our transportation system and its users to crime and terrorism,
(2) Increase the capability of the transportation system to meet national defense needs, and
(3) Reduce the flow of illegal drugs, illegal migrants and illegal incursions into our sovereign
territory.
f. Weapon system - includes, but is not limited to, all vessels ordinarily designed to engage, as such,
in combat. Such vessels, by their nature, are weapon systems at all times. Examples include all
WHECS and WMECS.
4. Analysis:
An exemption applies to the EIT procurement if the "function, operation, or use of which involves"
any one of the five exemptions listed in paragraph 2.a.
a. It is inevitable that some EIT will fit an exemption in part. That is, an electronic device or
software may fulfill multiple functions, some of which may fit an exemption and others may not.
Note that the regulation only requires that the technology involve one of the exemptions listed.
To be exempted from the Section 508 requirements, there is no requirement that the EIT be
exclusively used for an exempted purpose. However, related case law indicates that the exempted
purpose must be the primary purpose of the EIT. To some extent, this may be a judgment call.
When there is reasonable doubt, assume the EIT is not exempted from the requirements of
Section 508.
b. Also, it may be practical to separate a larger EIT system into components. For example, a system
of EIT components for use on some vessels might be separated from the land-based user interface
component of the system. The network of components on the vessel may be exempted from the
requirements of Section 508 under the national security exemption. The user interface component
to the system, while possibly meeting criteria for the national security exemption, may by
decision of the procurer be made to conform to the Access Board standards to provide potential
land-based use for persons with disabilities.
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