(Reported in the Senate)
SEC. 508. ELECTRONIC AND INFORMATION TECHNOLOGY
REGULATIONS.
(a) DEFINITION- In this section, the term `electronic and information technology
includes--
- (1) any equipment, software, interface system, operating system, or interconnected
system or subsystem of equipment, whether or not accessed remotely, that is used in
the acquisition, storage, manipulation, management, movement, control, display,
switching, interchange, transmission, or reception of data or information; and
- (2) any related service (including a support service) and any related resource.
(b) PROMULGATION OF RULES AND REGULATIONS-
- (1) PROCUREMENT, MAINTENANCE, AND USE OF ELECTRONIC AND
INFORMATION TECHNOLOGY- Consistent with paragraph
(2), each Federal
agency shall procure, maintain, and use electronic and information technology that
allows, regardless of the type of medium of the technology, individuals with
disabilities to produce information and data, and have access to information and
data, comparable to the information and data, and access, respectively, of individuals
who are not individuals with disabilities.
(2) REGULATIONS
- (A) IN GENERAL- Not later than 1 year after the date of enactment of the
Rehabilitation Act Amendments of 1998, the Access Board, after consultation
with the Secretary of Education, the Administrator of the General Services
Administration, and the head of any other Federal agency that the Access
Board may determine to be appropriate, and after consultation with the
electronic and information technology industry and appropriate public or
nonprofit agencies or organizations, shall issue regulations, including criteria for
procurement of accessible electronic and information technology, to
implement this section.
- (B) CRITERIA- The Access Board shall consult with the Director of the
National Institute on Disability and Rehabilitation Research and the heads of
other Federal agencies that conduct applicable research, regarding relevant
research findings to assist the Access Board in developing and updating the
criteria for procurement of accessible technology required under
subparagraph (A).
- (C) REVIEWS AND AMENDMENTS- The Access Board shall review
and amend the regulations periodically to reflect technological advances or
changes in electronic and information technology.
(c) TECHNICAL ASSISTANCE- The Access Board shall provide technical assistance
to individuals and Federal agencies concerning the rights and responsibilities provided under
this section. The Administrator of the General Services Administration shall provide
technical assistance to Federal agencies concerning the rights and responsibilities provided
under this section, in coordination with the activities of the Access Board.
(d) COMPLIANCE
- (1) IN GENERAL- Not later than 1 year after the date of enactment of the
Rehabilitation Act Amendments of 1998, the Access Board shall establish, by
regulation issued under subsection (b), procedures for ensuring the compliance of
Federal agencies with this section (including the regulation).
- (2) PROCEDURES- At a minimum the regulation shall establish procedures by
which-
- (A) the head of each Federal agency shall assess the compliance of the
agency with this section and report periodically to the Access Board and the
Director of the Office of Management and Budget on such compliance;
- (B) any aggrieved person may file a complaint with the Access Board
regarding noncompliance by a Federal agency with this section; and
- (C) the Access Board may, after providing notice and an opportunity for a
hearing, issue an order requiring compliance with this section, which shall be
final and binding on the affected Federal agency.
- (3) OFFICE OF MANAGEMENT AND BUDGET OVERSIGHT
- (A) OVERSIGHT AND COORDINATION- The Director of the Office of
Management and Budget shall oversee and coordinate the procurement,
financial management, information, and regulatory policies of the executive
branch of the Federal Government relating to electronic and information
technology.
- (B) ISSUANCE OF POLICIES- In issuing circulars, bulletins, directives,
memoranda, and other policies affecting the procurement, maintenance, and
use of electronic and information technology, by Federal agencies, as
appropriate, the Director of the Office of Management and Budget shall
require compliance with this section, including the regulations and criteria
described in subsection (b).
(e) RELATIONSHIP TO OTHER LAWS- This section shall not be construed to limit a
remedy, right, or procedure available under any other provision of Federal law (including
title V and the Americans with Disabilities Act of 1990), or State or local law (including
State common law) that provides greater or equal protection for the rights of individuals
with disabilities.
