Excerpt from the Rehabilitation Act Amendments of 1998


          Electronic and Information Technology Regulations.--Section 508 (29
  U.S.C. 794d) is amended to read as follows:


  "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.".

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End of Document

