United States Department of Agriculture 

Agricultural Marketing Service 

Directive 3130.2 1/5/04 

SECTION 508 INFORMATION ACCESS REQUIREMENTS

I. PURPOSE 

This Directive provides policy and guidelines for the Agricultural Marketing Service (AMS) to 

ensure compliance with Section 508 of the Rehabilitation Act of 1973, as amended. 

II. REPLACEMENT HIGHLIGHTS 

This Directive replaces AMS Directive 3130.2, Section 508 Information Access Requirements, 

dated January 25, 2002. Section VII through Section XII have been rewritten and should be read 

in their entirety. 

III. BACKGROUND 

A. In 1998, Congress amended the Rehabilitation Act, and strengthened provisions covering 

access to information in the Federal Government for people with disabilities. 

B. Section 508, as amended, requires that when Federal agencies develop, procure, maintain, or 

use electronic and information technology (EIT), they shall ensure that EIT is accessible to 

Federal employees with disabilities and members of the public with disabilities, unless an undue 

burden would be imposed on the Agency. 

C. The final standards for information access were established by the Architectural and 

Transportation Barriers Compliance Board (Access Board) and were effective on June 21, 2001. 

Amendments to the Federal Acquisition Regulations affecting technology purchases took effect 

June 25, 2001, except for micro-purchases (less than $2,500) that take effect October 1, 2004. 

Essentially, all technology equipment purchased and all information provided to the public by 

the Federal Government through the use of technology should be accessible in accordance with 

the Access Board standards. 

IV. AUTHORITIES 

A. The 29 USC 794d, Rehabilitation Act of 1973, as amended and Regulations 36 CFR, Part 

1194. 

B. The Americans with Disabilities Act of 1990, as amended and Public Law 101-336. 

____________________________________________________________________________ 

Distribution: All AMS Employees Originating Office: S&T/ITG/PPA
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V. DEFINITIONS

A. Assistive Technology: Any item, piece of equipment, or system, whether acquired 

commercially, modified, or customized, that is commonly used to increase, maintain, or improve 

functional capabilities of individuals with disabilities. 

B. Electronic and Information Technology (EIT): Includes information technology and any 

equipment or interconnected system or subsystem equipment that is used in the creation, 

conversion, or duplication of data or information. The term electronic and information 

technology includes, but is not limited to, telecommunications products (e.g., telephones), 

information kiosks and transaction machines, World Wide Web sites, multimedia, and office 

equipment (e.g., copiers and fax machines). The term does not include any equipment that 

contains embedded information technology and used as an integral part of the product (e.g., 

thermostats), but whose principal function is not for acquisition, storage, manipulation, 

management, movement, control, display, switching, interchange, transmission or reception of 

data or information. 

C. Undue Burden: A significant difficulty or expense. In determining whether an action would 

result in an undue burden, an Agency shall consider all resources available to the program or 

component for which the product is being developed, procured, maintained, or used. 

VI. POLICY 

It is the policy of AMS to comply with Section 508 of the Rehabilitation Act, as amended and 

adhere to the procedures set forth in this directive. The standards cover various means for 

disseminating information and provide criteria used to determine what makes these products 

accessible to people with disabilities. 

VII. RESPONSIBILITIES 

AMS shall ensure that technologies are Section 508 compliant in the following ways: 

A. Deputy Administrators and Staff Directors: It is the overall responsibility of the program 

Deputy Administrators and Staff Directors to ensure that all electronic and information 

technology systems developed in-house and/or procured on or after June 25, 2001, are Section 

508 compliant. Each administrator or director shall assign a Program Section 508 Representative 

that will be responsible for assisting Requiring Officials to identify which standards apply to the 

procurement and if an exception applies for Section 508 compliance. 

B. The Information Technology Group (ITG): The ITG Policy, Planning, and Analysis Branch 

is responsible for disseminating information, providing Agency-level policy, and coordinating 

508 activities. 
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C. AMS Requiring Official: The Requiring Official (e.g., staff member responsible for the 

investment) of the program must evaluate each product or system to determine if it is compliant 

with the Access Board standards as set forth in Attachment 1 – Checklist of Standards. The 

Requiring Official must also make a determination to see if the product is or is not Section 508 

compliant as outlined in Attachments 2-4. The Requiring Officials have the following 

responsibilities: 

1. Draft specifications; 

2. Identify applicable technical provisions of the Access Board’s standards in their 

requirements documents; 

3. Conduct market research to identify what products, if any, are available to meet those 

provisions or determine whether an exception applies; 

4. Determine, if products are compliant, if compliance would permeate an undue burden on 

the Agency, if compliant products are unavailable, or whether compliance is not required 

by exception and document determinations; and 

5. Determine that the requirements meet specifications after the product is received. 

See Section VIII. for additional responsibilities of the Requiring Official. 

D. Program Section 508 Representatives: Program Section 508 Representatives shall 

recommend appropriate policies and controls to their administrators or directors for internal use 

by the programs. This entails: 

1. Meeting with AMS Section 508 Coordinator for up-to-date requirements on ensuring 

compliance with Section 508 standards; 

2. Participating in Section 508 training sessions offered periodically to representatives; 

3. Assisting all Requiring Officials in determining compliance with Section 508 

standards; 

4. Providing signed verification on Section 508 determination documents (Attachments 

1-4), and; 

5. Responding to all audits to ensure program compliance with Section 508 standards. 

VIII. SPECIFICATIONS, DETERMINATIONS, AND DOCUMENTATION 

The Requiring Official purchasing EIT equipment or services must provide written explanations 

for any applicable determinations, written market research analyses, and a copy of the Checklist 

of Standards. All required documentation must be submitted with the procurement request for 

inclusion in the Contracting Officer’s file. The Chief Information Officer will review the 

purchase and supporting documentation to determine if they meet Agency requirements for 

compliance with Section 508 regulations. 

 A. Purchase Specifications. It is mandatory that AMS programs use the required Checklist of 

Standards (Attachment 1) during their initial market research to determine if product 

specifications meet Access Board standards. Compliance involving Commercial-Off-The-Shelf 
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(COTS) equipment and software applications that require little customization shall be 

determined in advance of the purchase. 

When procuring EIT investments, the following language should be included in the 

requirements. “The Contractor shall deliver solutions that comply with standards set forth in 

Section 508 of the Rehabilitation Act of 1973, as amended. See the attached checklist that 

applies to this procurement.” 

B. Exception Purchases - There are some situations where technology that does not comply with 

Section 508 can be purchased. These exceptions are: 

1. Undue Burden - Consistent with the language used in the Americans with Disabilities Act and 

other civil rights legislation, a Federal Agency does not have to comply with the accessibility 

standards if it would impose an undue burden to do so. In determining whether compliance with 

all or part of the applicable accessibility would be an undue burden, the Agency must consider 

the difficulty, expense, impact and resources available to its programs if the product is acquired. 

All undue burden determinations will be made in conjunction with Departmental level oversight 

of the Office of the Chief Information Officer (OCIO) and Office of General Counsel (OGC). 

The programs granted an undue burden waiver to purchase non-compliant technology must still 

provide disabled individuals with alternative access to EIT (Section X). Guidance for the 

content of an undue burden determination is provided in Attachment 2. 

2. Technology Unavailable - When the market place cannot provide equipment that meets part 

or all of the standards established by the Access Board, Agencies might state that compliant 

technology is unavailable. In cases of partial compliance, programs must procure the most 

compliant equipment that is available. Guidance for the content of a technology unavailable 

determination is provided in Attachment 3. 

3. Compliance Not Required - Certain uses of EIT and purchases under $2,500 are not required 

to comply with Section 508 and they are: 

a) Micro-Purchases. Open market procurements awarded at or below the micro-purchase 

threshold of $2,500 do not have to be 508 compliant until October 1, 2004. This excludes items 

ordered off existing contracts, such as, GSA Federal Supply Schedules; 

 b) National Security. It is for a national security system; 

 c) Incidental to a Contract. Section 508 standards do not apply to EIT that are acquired 

by a contractor for a specific use under the contract; and 

 d) Maintenance, Repair and Occasional Monitoring. Products located in spaces 

frequented only by service personnel for the maintenance, repair, or occasional monitoring of 

equipment. 

Requiring Officials shall complete the ‘Compliance Not Required Determination’ documentation 

(Attachment 4) if any of these exemptions apply. 
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 IX. SECTION 508 REPORTING 

Section 508 compliance reports are required by Congress starting three years after enactment and 

every two years thereafter. Programs shall be prepared to respond to Congressional requests for 

information about Section 508 compliance, including metrics that demonstrate the program’s 

compliance. 

X. PROVIDING ALTERNATIVE ACCESS TO INFORMATION 

If a Federal Agency determines that it would pose an undue burden to comply with the standards, 

the Agency must provide information and data to individuals with disabilities through an 

alternative means of access that can be used by those individuals. This responsibility falls on the 

program responsible for the investment. Some examples of alternative means of access are: 

A. Product Support Documentation - Product support documentation provided to end-users shall 

be made available in alternate formats upon request, at no additional charge. 

B. Description of Accessibility and Compatibility Features - End-users shall have access to a 

description of the accessibility and compatibility features of products in alternate formats or 

alternate methods upon request, at no additional charge. 

C. Communication - Support services for products shall accommodate the communication needs 

of end-users with disabilities. 

D. Alternate Format - Alternate formats usable by people with disabilities may include, but are 

not limited to, Braille, ASCII text, large print type, recorded audios, and electronic formats. 

E. Alternate Methods – Alternate methods are different means of providing EIT to people with 

disabilities. Alternate methods may include, but are not limited to, product documentation, 

voice, fax, relay service, TTY, Internet posting, captioning, text-to-speech synthesis, and audio 

description. 

XI. ADMINISTRATIVE COMPLAINT PROCESS 

A. By statute, the enforcement provisions of Section 508 apply only to EIT procured on or after 

June 25, 2001.

B. The law establishes an administrative process which enables any individual with a disability 

to file a complaint alleging that a Federal Department or Agency has not complied with the 

accessible technology standards. The complaint process provides injunctive relief and attorney’s 

fees to the prevailing party; however, it does not include compensatory or punitive damages. 

Individuals may also file a civil action against an Agency. All programs must maintain 

documentation pertaining to Section 508 requests from the public or Federal employees with 

disabilities for special accommodations and access according to the General Records Schedule. 
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C. Due to the high visibility of web pages, the majority of complaints from the public may arise 

from the Agency’s web site. Any complaints received directly by the program should be 

processed in-house as soon as possible. 

 

D. Any complaints which can not be resolved by a program should be forwarded to the AMS 

Compliance and Analysis Office for mediation. At a minimum, documentation must include the 

name of the complainant, the nature of the complaint, the manner or median in which the 

complaint was received, and the time and date of receipt. Include a log of all remedies and 

solutions offered to the complainant. 

XII. RESOURCES 

For additional information and resource links on Section 508, go to www.section508.gov. 

If you have any questions or concerns about Section 508 compliance, please contact the Policy, 

Planning, and Analysis Branch on (202) 720-0566. 

/s/ 

A. J. Yates 

Administrator 

Attachment 1: Checklist of Standards 

Attachment 2: Undue Burden Determination 

Attachment 3: Unavailability Determination 

Attachment 4: Compliance Not Required Determination