---DISCLAIMER---
Sec. 508. Electronic and information technology
- (a) Requirements for Federal departments and agencies
- (1) Accessibility
- (A) Development, procurement, maintenance, or use of electronic and
information technology When developing, procuring, maintaining, or using
electronic and information technology, each Federal department or agency,
including the United States Postal Service, shall ensure, unless an undue
burden would be imposed on the department or agency, that the electronic and
information technology allows, regardless of the type of medium of the
technology -
- (i) individuals with disabilities who are Federal employees to have
access to and use of information and data that is comparable to the access to
and use of the information and data by Federal employees who are not
individuals with disabilities; and
(ii) individuals with disabilities who
are members of the public seeking information or services from a Federal
department or agency to have access to and use of information and data that is
comparable to the access to and use of the information and data by such members
of the public who are not individuals with disabilities.
- (B) Alternative means efforts
When development, procurement,
maintenance, or use of electronic and information technology that meets the
standards published by the Access Board under paragraph (2) would impose an
undue burden, the Federal department or agency shall provide individuals with
disabilities covered by paragraph (1) with the information and data involved by
an alternative means of access that allows the individual to use the
information and data.
- (2) Electronic and information technology standards
- (A) In general
Not later than 18 months after August 7, 1998,
the Architectural and Transportation Barriers Compliance Board (referred to in
this section as the ''Access Board''), after consultation with the Secretary of
Education, the Administrator of General Services, the Secretary of Commerce,
the Chairman of the Federal Communications Commission, the Secretary of
Defense, and the head of any other Federal department or agency that the Access
Board determines to be appropriate, including consultation on relevant research
findings, and after consultation with the electronic and information technology
industry and appropriate public or nonprofit agencies or organizations,
including organizations representing individuals with disabilities, shall issue
and publish standards setting forth -
- (i) for purposes of this section, a definition of electronic and
information technology that is consistent with the definition of information
technology specified in section 1401(3) of title 40; and (ii) the technical and
functional performance criteria necessary to implement the requirements set
forth in paragraph (1).
- (B) Review and amendment The Access Board shall periodically review
and, as appropriate, amend the standards required under subparagraph (A) to
reflect technological advances or changes in electronic and information
technology.
- (3) Incorporation of standards Not later than 6 months after the
Access Board publishes the standards required under paragraph (2), the Federal
Acquisition Regulatory Council shall revise the Federal Acquisition Regulation
and each Federal department or agency shall revise the Federal procurement
policies and directives under the control of the department or agency to
incorporate those standards. Not later than 6 months after the Access Board
revises any standards required under paragraph (2), the Council shall revise
the Federal Acquisition Regulation and each appropriate Federal department or
agency shall revise the procurement policies and directives, as necessary, to
incorporate the revisions.
- (4) Acquisition planning In the event that a Federal department or
agency determines that compliance with the standards issued by the Access Board
under paragraph (2) relating to procurement imposes an undue burden, the
documentation by the department or agency supporting the procurement shall
explain why compliance creates an undue burden.
- (5) Exemption for national security systems This section shall not
apply to national security systems, as that term is defined in section
1452 of title 40.
- (6) Construction
- (A) Equipment In a case in which the Federal Government provides
access to the public to information or data through electronic and information
technology, nothing in this section shall be construed to require a Federal
department or agency -
- (i) to make equipment owned by the Federal Government available for
access and use by individuals with disabilities covered by paragraph (1) at a
location other than that where the electronic and information technology is
provided to the public; or
- (ii) to purchase equipment for access and use by individuals with
disabilities covered by paragraph (1) at a location other than that where the
electronic and information technology is provided to the public.
- (B) Software and peripheral devices Except as required to comply with
standards issued by the Access Board under paragraph (2), nothing in paragraph
(1) requires the installation of specific accessibility-related software or the
attachment of a specific accessibility-related peripheral device at a
workstation of a Federal employee who is not an individual with a disability.
- (b) Technical assistance The Administrator of General Services and
the Access Board shall provide technical assistance to individuals and Federal
departments and agencies concerning the requirements of this section.
- (c) Agency evaluations Not later than 6 months after August 7, 1998,
the head of each Federal department or agency shall evaluate the extent to
which the electronic and information technology of the department or agency is
accessible to and usable by individuals with disabilities described in
subsection (a)(1) of this section, compared to the access to and use of the
technology by individuals described in such subsection who are not individuals
with disabilities, and submit a report containing the evaluation to the
Attorney General.
- (d) Reports
- (1) Interim report Not later than 18 months after August 7, 1998, the
Attorney General shall prepare and submit to the President a report containing
information on and recommendations regarding the extent to which the electronic
and information technology of the Federal Government is accessible to and
usable by individuals with disabilities described in subsection (a)(1) of this
section.
- (2) Biennial reports Not later than 3 years after August 7, 1998, and
every 2 years thereafter, the Attorney General shall prepare and submit to the
President and Congress a report containing information on and recommendations
regarding the state of Federal department and agency compliance with the
requirements of this section, including actions regarding individual complaints
under subsection (f) of this section.
- (e) Cooperation Each head of a Federal department or agency
(including the Access Board, the Equal Employment Opportunity Commission, and
the General Services Administration) shall provide to the Attorney General such
information as the Attorney General determines is necessary to conduct the
evaluations under subsection (c) of this section and prepare the reports under
subsection (d) of this section.
- (f) Enforcement
- (1) General
- (A) Complaints Effective 6 months after the date of publication by
the Access Board of final standards described in subsection (a)(2), any
individual with a disability may file a complaint alleging that a Federal
department or agency fails to comply with subsection (a)(1) of this section in
providing electronic and information technology.
- (B) Application This subsection shall apply only to electronic and
information technology that is procured by a Federal department or agency not
less than 6 months after the date of publication by the Access Board of final
standards described in subsection (a)(2).
- (2) Administrative complaints Complaints filed under paragraph (1)
shall be filed with the Federal department or agency alleged to be in
noncompliance. The Federal department or agency receiving the complaint shall
apply the complaint procedures established to implement section 794 of this
title for resolving allegations of discrimination in a federally conducted
program or activity.
- (3) Civil actions The remedies, procedures, and rights set forth in
sections 794a(a)(2) and 794a(b) of this title shall be the remedies,
procedures, and rights available to any individual with a disability filing a
complaint under paragraph (1).
- (g) Application to other Federal laws This section shall not be
construed to limit any right, remedy, or procedure otherwise available under
any provision of Federal law (including sections 791 through 794a of this
title) that provides greater or equal protection for the rights of individuals
with disabilities than this section.
|