U.S. DEPARTMENT OF
AGRICULTURE
WASHINGTON, D.C. 20250
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DEPARTMENTAL REGULATION |
Number: 4030-1 |
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SUBJECT Section
508 Implementation – Final
Guidance |
DATE: July 23, 2003 |
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OPI:
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1 PURPOSE The purpose of this Regulation is to provide final guidance to USDA agencies and staff offices regarding the implementation of Section 508 of the Rehabilitation Act of 1973, 29 U.S.C. § 794d, as amended. The final guidance is located in Appendix A.
2 SPECIAL INSTRUCTIONS/CANCELLATION
DN 4030-2 dated September 23, 2002 is hereby superceded by this Departmental Regulation.
3 BACKGROUND
The Rehabilitation Act of
1973 (“Rehabilitation Act”), 29 U.S.C. §
701 et seq., was enacted, in part, to prohibit discrimination
based on disability in Federal employment and in the access to Federal programs
or activities. Recognizing the need to
further protect persons with disabilities from discrimination, Congress enacted
the Americans with Disabilities Act, 42 U.S.C. § 12111 et seq.,
to prohibit discrimination on the basis of disability by employers, State and
county agencies, public accommodations, commercial facilities, and
transportation services.
The Rehabilitation Act was
amended in 1998, Pub. L.105-220, Title IV, in part to address nondiscrimination
on the basis of disability by the Federal Government and to expand and
strengthen the technology access requirements of Section 508.
Section 508 requires Federal
departments and agencies to provide comparable electronic and information
technology(“EIT”) for Federal employees with disabilities and members of the
general public with disabilities seeking Federal information available through
the new technologies.
On
December 21, 2000, the Architectural and Transportation Barriers Compliance
Board (Access Board) published the final standards for electronic and
information technology accessibility in the Federal Register. Section 508 of the Rehabilitation Act
Amendments requires that when Federal departments or agencies develop, procure,
maintain, or use electronic and information technology, they shall ensure that
the technology is accessible to people with disabilities, unless an undue
burden would be imposed on the department or agency. Section 508 addresses various means for disseminating
information, including computers, software, and electronic office
equipment. It applies to, but is not solely
focused on, Federal pages on the Internet or the World Wide Web. It does not apply to web pages of private
industry. The Board’s
standards became part of the Federal Acquisition Regulation (FAR) on April 25,
2001.
-END-
USDA SECTION 508 FINAL GUIDANCE
Section 508 requires that when Federal
Agencies develop, procure, maintain or use electronic and information
technology, they must ensure access to people with disabilities. Comparable access is not required if it
would impose an undue burden to the Federal Agency. This is consistent with language used in the Americans with
Disabilities Act (ADA) and other civil
rights legislation, where the term ‘undue burden’ has been defined as “significant
difficulty or expense.” However, the
Agency must document and explain why meeting the standards would pose an undue
burden for a given procurement action, and must still provide individuals with
disabilities access to the information or data that is affected in an
alternative method.
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ELECTRONIC AND INFORMATION TECHNOLOGY PROCURED,
DEVELOPED,
MAINTAINED, OR USED BY A FEDERAL AGENCY |
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· Software Applications &
Operating Systems · Web information and other Applications,
including Internet and
Intranet services · Telecommunication Products |
· Video and Multi-Media Products (Including closed
Captions) · Desktop and Portable computers · Self-contained closed products Such as
Information kiosks, calculators, fax
machines, and photocopiers. |
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The
Scope of Section 508
Section 508 requires that when Federal departments and agencies
develop, procure, maintain or use electronic and information technology, they
must ensure that such technology is accessible to persons with disabilities by
providing comparable access to and use of the information and data
available. However, where providing
comparable EIT access would constitute an undue burden, i.e., “a significant difficulty or expense,” on the agency, the agency shall provide the sought
after information by an alternative means of access. The agency must provide documentation explaining why the procurement
of a comparable EIT constitutes an undue burden.
Federal Agency Procurement Responsibilities
·
Section 508 applies to all
Federal agencies and departments when they develop, procure, maintain or use
electronic and information technology. The Federal Acquisition Regulations
(FAR) Final Rule in compliance with Section 508 was published on April 25,
2001, amending the FAR to incorporate the Section 508 accessibility
standards. These standards shall be
made part of the Statement of Work in all USDA contracts, solicitations,
purchase orders and task orders for electronic and information technology
products procured, developed, maintained, or used by a Federal Agency. Other than indefinite-quantity contracts the
rule applies to these procurement options on or after the effective date of June
25, 2001. Please link to http://www.usda.gov/procurement/policy/advisories.html
and follow procedures in AGAR Advisory Number 49.
Beginning
on June 25, 2001, all active procurements must include the new 508 EIT
standards. Technical evaluations will
factor in the proposal’s ability to
satisfy the greatest number of the standards.
It is the responsibility of requiring official under Section 508 of the
Rehabilitation Act as amended to ensure adherence with these standards.
For a specific procurement action, USDA agencies and staff offices must continue to provide persons with disabilities access to or use of the information or data that is affected. Regulatory exceptions include the situation where a Federal department or agency demonstrates that the technology accessibility standards would impose an undue burden.
Each agency or staff office must identify which standards would apply to the procurements using the Access Board’s EIT Accessibility Standards found at 36 CFR 1194, which provides an exception if compliance would present an undue burden.
When acquiring commercially available items, USDA must comply with the Section 508 standards by purchasing services and supplies that are available in the commercial marketplace that provide the greatest level of immediate and future accessibility available without presenting a demonstrable undue burden on the agency.
USDA is not expected to certify products as being Section 508 compliant. The General Services Administration has provided a location on www.section508.gov for to inform Federal agencies of contractors their products and services that meet the criteria in compliance with the accessibility standards.
Applicability
to Federal Web Sites
·
Section 508
requires that any electronic and information technology developed, procured,
maintained, and used by the Federal government be accessible to Federal
employees with disabilities and members of the general public with
disabilities. This includes web-based
applications and other Internet and Intranet information and services provided
at Federal web sites and web pages.
·
Federal web sites and web
pages shall meet the Section 508 standards established by the Access Board and
shall comply with Section 504 of the Rehabilitation Act which prohibits
discrimination based on disability in federally funded and conducted programs
or activities.
·
USDA is
striving to make its web sites and web pages accessible to all Federal
employees with disabilities and all members of the general public with
disabilities who seek access to and use of the information and data contained
on these Federal sites. As of June 21,
2001, all new web pages brought on-line or which have undergone a “major”
update must comply with the Section 508 Standards, unless doing so imposes an
undue burden that can be fully documented.
All USDA programs and information contained on existing web pages i.e., those in existence before June 21, 2001, shall be made available to members of the public and federal employees in a way that does not discriminate against people with disabilities, consistent with our obligations under section 504 of the Rehabilitation Act. The four “To Do’s” for existing web pages are inventory, prioritize, update, and retire.
As of June 21, 2001, newly created web pages should follow the Access Board’s web accessibility provisions. For existing web pages on the Internet or Intranet sites, organizations should make the best use of their resources to ensure that all USDA programs contained on these pages are available in a nondiscriminatory manner. The pages should be modified to comply with the Section 508 web accessibility provisions (36 CFR 1194.22), to the extent that resources allow beginning with the most popular.
For existing web pages that are not modified, agencies and staff offices should post accurate contact information (e-mail address, toll-free telephone number) so that individuals with a disability may request the information on an inaccessible page to be made available in an alternate format. Program offices may wish to
use this opportunity to “retire” old pages that are not frequently used or that contain inaccurate and dated material.
· Agencies and staff offices are directed to
prioritize existing and heavily accessed pages for testing to determine
compliance. It is not the intent to “Shut
Down” web sites but to prioritize and convert those sites that are heavily used
and to retire those sites that have minimal access.
ADMINISTRATIVE COMPLAINTS
·
As of June
21, 2001, if a Federal agency procures electronic and information technology
that does not comply with the standards developed by the Access Board, it is
subject to administrative complaints and private lawsuits by employees and
members of the public. However, Section 508 does not
authorize complaints or lawsuits to retrofit electronic and information
technology products.
·
Agencies
receiving administrative complaints must apply the complaint procedures
established to implement Section 504 of the Rehabilitation Act for resolving
allegations of discrimination. In private lawsuits, the rights and remedies of
the parties are the same as in litigation under Section 504 of the
Rehabilitation Act as it applies to federally conducted programs.
exemptions to section 508
Micro-purchases and credit card purchases under $2,500 are exempt until October 1, 2004;
EIT acquired by a contractor that is incidental to a contract;
EIT located in spaces frequented only by service personnel for maintenance, repair or occasional monitoring of equipment; and
EIT that would impose an undue burden on the agency [(FAR 39.204 9e)].
Additionally, by statute, Section 508 does not apply to national security systems.
ACHIEVING
RESPONSIVENESS TO SECTION 508
USDA
Section 508 Coordination Committee – With leadership from OCIO,
USDA established a Section
508 Coordination Team composed of representatives from the staff offices and
mission areas. The Committee’s primary
focus centers on identifying accessibility issues and providing recommendations
on compliance with the Access Board standards.
USDA
Contact for Section 508:
Tracey Ambeau, USDA Section 508 Coordinator
202-720-6275
Email: Tracey.Ambeau@usda.gov
Staff Office Representatives
- Doretha
Leftwood (202) 720-6339
- Daniel
Hylton (202) 690-1978
- Raymond
Bridge (202) 720-5447
- Patricia
Bachemin (504) 255-4010
- Jean
Mahoney (202) 720-0353
Office
of Communications (USDA Web Master)
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Vic Powell (202) 720-7762
- William
Haig (202) 720-0516
Office
of Procurement & Property Management
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Richard Holcombe (202) 720-8484
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Marshall Grimes (202) 720-4536
- William
Haig (202) 720-0516
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Bruce McFarlane (202) 720-2600
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Barbara Beitscher (202) 720-8577
- John
Cunningham, FNS (703) 327-0344
- Wen
Yen Juan, CNPP (703) 605-4437
- Marc Brown (202)
690-4165
- Tim Quinn, FS (703)
605-4539
- Billy W. Smith (301) 734-7604
- Anne Todd (202) 720-1021