Section 508 of the Rehabilitation Act of 1998
by Guest Blogger, 3/6/2002
(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.
- (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.
- (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).
