Is there guidance defining what constitutes a national security system?
Yes. The FAR defines national security system at FAR 39.002. The term is also defined in section 5142 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1452). For additional discussion, see the preamble discussion regarding 36 CFR 1194.3(a) of the Access Board’s standards. ii. Are some types of secure electronic equipment, such as secure telecommunications devices that are specifically designed to prevent eavesdropping and other forms electronic attack, subject to section 508 requirements? For example, some products are certified as “TEMPEST-tested,” which means that extreme measures have been taken to harden them against intrusion. Are those products required to conform to the Access Board standards? Unless an exception applies, these technologies are considered EIT and must meet the Access Board standards. If “Tempest-tested” telecommunications systems are being used in an application covered by the national security exception, they would not need to meet Access Board standard 1194.3(a). G