PL 105-220, 1998 HR 1385
PL 105-220, enacted on August 7, 1998, 112 Stat 936
codified as: Section 504 of the Rehabilitation Act, 29 U.S.C. § 794d
WORKFORCE INVESTMENT ACT OF 1998
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 the date of enactment of the
Rehabilitation Act Amendments of 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 5002(3) of the Clinger-Cohen Act of 1996 (40 U.S.C.
1401(3)); 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 5142 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1452).
(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 the date of enactment of the
Rehabilitation Act Amendments of 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),
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 the date of enactment of the
Rehabilitation Act Amendments of 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).
(2) BIENNIAL REPORTS.--Not later than 3 years after the date of enactment of the
Rehabilitation Act Amendments of 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).
(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) and prepare the reports
under subsection (d).
(f) ENFORCEMENT.--
(1) GENERAL.--
(A) COMPLAINTS.--Effective 2 years after the date of enactment of the
Rehabilitation Act Amendments of 1998, any individual with a disability may
file a complaint alleging that a Federal department or agency fails to comply with
subsection (a)(1) 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 2 years after the date of enactment of the Rehabilitation Act
Amendments of 1998.
(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 504 for resolving allegations of discrimination in a
federally conducted program or activity.
(3) CIVIL ACTIONS.--The remedies, procedures, and rights set forth in sections
505(a)(2) and 505(b) 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 501 through 505) that provides greater or equal protection for the rights of
individuals with disabilities than this section.
Updated July 25, 2008