29 U.S.C. § 794d — Electronic and information technology

Page 303 TITLE 29—LABOR § 794d (3) carry out such studies and other activi- ties, subject to the availability of resources, with advice from the National Council on Dis- ability, in order to identify methods for over- coming barriers to integration into society, independence, and productivity of individuals with disabilities. (c) Report On or before July 1 of each year, the Inter- agency Disability Coordinating Council shall prepare and submit to the President and to the Congress a report of the activities of the Council designed to promote and meet the employment needs of individuals with disabilities, together with such recommendations for legislative and administrative changes as the Council concludes are desirable to further promote this section, along with any comments submitted by the Na- tional Council on Disability as to the effective- ness of such activities and recommendations in meeting the needs of individuals with disabil- ities. Nothing in this section shall impair any responsibilities assigned by any Executive order to any Federal department, agency, or instru- mentality to act as a lead Federal agency with respect to any provisions of this subchapter. (Pub. L. 93–112, title V, § 507, as added Pub. L. 95–602, title I, § 120(a), Nov. 6, 1978, 92 Stat. 2983; amended Pub. L. 96–88, title V, § 508(m)(2), Oct. 17, 1979, 93 Stat. 694; Pub. L. 98–221, title I, § 104(b)(4), Feb. 22, 1984, 98 Stat. 18; Pub. L. 99–506, title VI, § 602, title X, § 1001(f)(4), Oct. 21, 1986, 100 Stat. 1830, 1843; Pub. L. 102–569, title V, § 508(a), Oct. 29, 1992, 106 Stat. 4429; Pub. L. 113–128, title IV, § 456(d), July 22, 2014, 128 Stat. 1676.) Editorial Notes AMENDMENTS 2014—Subsec. (a). Pub. L. 113–128 inserted ‘‘the Chair- person of the National Council on Disability,’’ before ‘‘and such other’’. 1992—Pub. L. 102–569 amended section generally, changing Council name from Interagency Coordinating Council to Interagency Disability Coordinating Coun- cil, including as members Secretary of Housing and Urban Development, Secretary of Transportation, and such other officials as designated by the President, re- quiring Council to be responsible for developing and implementing policies and practices to eliminate in- consistencies among Federal departments and agencies responsible for enforcement of provisions of this sub- chapter and to carry out such studies and other activi- ties, with advice from the National Council on Dis- ability, to identify methods for overcoming barriers to integration into society, independence, and produc- tivity of individuals with disabilities, and directing in annual report inclusion of any comments submitted by National Council on Disability as to effectiveness of ac- tivities and recommendations in meeting needs of indi- viduals with disabilities. 1986—Pub. L. 99–506, § 602, inserted reference to Assist- ant Secretary of the Interior for Indian Affairs. Pub. L. 99–506, § 1001(f)(4), which directed the substi- tution of ‘‘Chairperson’’ for ‘‘Chairman’’ was executed by substituting ‘‘Chairperson of the Architectural and Transportation Barriers Compliance Board’’ for ‘‘Chair- man of the Architectural and Transportation Barriers Compliance Board’’ to reflect the probable intent of Congress. 1984—Pub. L. 98–221 substituted ‘‘Chairman of the Of- fice of Personnel Management’’ for ‘‘Chairman of the United States Civil Service Commission’’ and pur- ported to substitute ‘‘Secretary of Education, the Sec- retary of Health and Human Services,’’ for ‘‘Secretary of Health, Education, and Welfare’’ which amendment could not be executed in view of the previous amend- ment by Pub. L. 96–88. See 1979 Amendment note below. 1979—Pub. L. 96–88 substituted requirement that the Secretaries of Education and Health and Human Serv- ices be members of the Council for requirement that the Secretary of Health, Education, and Welfare be a member. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–88 effective May 4, 1980, with specified exceptions, see section 601 of Pub. L. 96–88, set out as an Effective Date note under section 3401 of Title 20, Education. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (c) of this section relating to requirement that the Council submit an annual report of activities to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 175 of House Docu- ment No. 103–7. § 794d. Electronic and information technology (a) Requirements for Federal departments and agencies (1) Accessibility (A) Development, procurement, maintenance, or use of electronic and information tech- nology When developing, procuring, maintaining, or using electronic and information tech- nology, 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 tech- nology allows, regardless of the type of me- dium of the technology— (i) individuals with disabilities who are Federal employees to have access to and use of information and data that is com- parable to the access to and use of the in- formation 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 infor- mation 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, mainte- nance, or use of electronic and information technology that meets the standards pub- lished by the Access Board under paragraph (2) would impose an undue burden, the Fed- eral department or agency shall provide in- dividuals with disabilities covered by para- graph (1) with the information and data in- volved by an alternative means of access that allows the individual to use the infor- mation and data. Page 304 TITLE 29—LABOR § 794d (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 Edu- cation, the Administrator of General Serv- ices, the Secretary of Commerce, the Chair- man of the Federal Communications Com- mission, 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 con- sultation with the electronic and informa- tion technology industry and appropriate public or nonprofit agencies or organiza- tions, including organizations representing individuals with disabilities, shall issue and publish standards setting forth— (i) for purposes of this section, a defini- tion of electronic and information tech- nology that is consistent with the defini- tion of information technology specified in section 11101(6) of title 40; and (ii) the technical and functional perform- ance 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 re- quired under subparagraph (A) to reflect technological advances or changes in elec- tronic 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 Regu- latory Council shall revise the Federal Acqui- sition Regulation and each Federal depart- ment or agency shall revise the Federal pro- curement policies and directives under the control of the department or agency to incor- porate 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 de- partment or agency shall revise the procure- ment 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 procure- ment shall explain why compliance creates an undue burden. (5) Exemption for national security systems This section shall not apply to national se- curity systems, as that term is defined in sec- tion 11103(a) 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 Fed- eral 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 stand- ards issued by the Access Board under para- graph (2), nothing in paragraph (1) requires the installation of specific accessibility-re- lated software or the attachment of a spe- cific 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 individ- uals with disabilities described in subsection (a)(1), compared to the access to and use of the technology by individuals described in such sub- section 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 regard- ing the extent to which the electronic and in- formation technology of the Federal Govern- ment is accessible to and usable by individuals with disabilities described in subsection (a)(1). (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 Presi- dent and Congress a report containing infor- mation on and recommendations regarding the state of Federal department and agency com- pliance with the requirements of this section, including actions regarding individual com- plaints under subsection (f). Page 305 TITLE 29—LABOR § 794d–1 (e) Cooperation Each head of a Federal department or agency (including the Access Board, the Equal Employ- ment Opportunity Commission, and the General Services Administration) shall provide to the Attorney General such information as the At- torney General determines is necessary to con- duct the evaluations under subsection (c) and prepare the reports under subsection (d). (f) Enforcement (1) General (A) Complaints Effective 6 months after the date of publi- cation by the Access Board of final stand- ards described in subsection (a)(2), any indi- vidual with a disability may file a complaint alleging that a Federal department or agen- cy fails to comply with subsection (a)(1) in providing electronic and information tech- nology. (B) Application This subsection shall apply only to elec- tronic and information technology that is procured by a Federal department or agency not less than 6 months after the date of pub- lication by the Access Board of final stand- ards 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 estab- lished 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 dis- ability 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 avail- able under any provision of Federal law (includ- ing sections 791 through 794a of this title) that provides greater or equal protection for the rights of individuals with disabilities than this section. (Pub. L. 93–112, title V, § 508, as added Pub. L. 99–506, title VI, § 603(a), Oct. 21, 1986, 100 Stat. 1830; amended Pub. L. 100–630, title II, § 206(f), Nov. 7, 1988, 102 Stat. 3312; Pub. L. 102–569, title V, § 509(a), Oct. 29, 1992, 106 Stat. 4430; Pub. L. 105–220, title IV, § 408(b), Aug. 7, 1998, 112 Stat. 1203; Pub. L. 106–246, div. B, title II, § 2405, July 13, 2000, 114 Stat. 555.) Editorial Notes CODIFICATION ‘‘Section 11101(6) of title 40’’ substituted in subsec. (a)(2)(A)(i) for ‘‘section 5002(3) of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401(3))’’ and ‘‘section 11103(a) of title 40’’ substituted in subsec. (a)(5) for ‘‘section 5142 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1452)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Build- ings, Property, and Works. AMENDMENTS 2000—Subsec. (f)(1)(A). Pub. L. 106–246, § 2405(1), sub- stituted ‘‘Effective 6 months after the date of publica- tion by the Access Board of final standards described in subsection (a)(2),’’ for ‘‘Effective 2 years after August 7, 1998,’’. Subsec. (f)(1)(B). Pub. L. 106–246, § 2405(2), substituted ‘‘6 months after the date of publication by the Access Board of final standards described in subsection (a)(2).’’ for ‘‘2 years after August 7, 1998.’’ 1998—Pub. L. 105–220 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) and (b) relating to electronic and informa- tion technology accessibility guidelines. 1992—Pub. L. 102–569 amended section generally, sub- stituting present provisions for provisions relating to electronic equipment accessibility guidelines, in con- sultation with electronic industry, designed to insure individuals with handicaps use of electronic office equipment with or without special peripherals, requir- ing the Administrator of General Services to adopt guidelines for electronic equipment accessibility estab- lished under this section for Federal procurement of electronic equipment, and defining term ‘‘special peripherals’’. 1988—Subsec. (a)(1). Pub. L. 100–630, § 206(f)(1), inserted ‘‘the Director of’’ before ‘‘the National Institute’’, struck out ‘‘the’’ before ‘‘General Services’’, and sub- stituted ‘‘individuals with handicaps’’ for ‘‘handicapped individuals’’. Subsec. (a)(3). Pub. L. 100–630, § 206(f)(2), inserted ‘‘by the Director of the National Institute on Disability and Rehabilitation Research and the Administrator of Gen- eral Services in consultation with the electronics in- dustry and the Interagency Committee for Computer Support of Handicapped Employees’’ after ‘‘revised’’. Subsec. (c). Pub. L. 100–630, § 206(f)(3), substituted ‘‘an individual with handicaps’’ for ‘‘a handicapped indi- vidual’’. § 794d–1. Reports on accessibility of electronic in- formation to individuals with disabilities (a)(1) Not later than 100 days after December 29, 2022, the Director of the Office of Manage- ment and Budget (in this section referred to as the ‘‘Director’’), in coordination with the Archi- tectural and Transportation Barriers Compli- ance Board and the Administrator of General Services (in this section referred to as the ‘‘Ad- ministrator’’), shall disseminate amended or up- dated criteria and instructions to any Federal department or agency (in this section referred to as an ‘‘agency’’) covered by section 794d of this title for the evaluation required pursuant to paragraph (3)(B). (2) Such criteria and instructions shall— (A) include, at minimum, requirements that information technologies and digital services must– (i) conform to the technical standards ref- erenced in subsection (a)(2)(A) of such sec- tion 794d of this title, as determined by ap- propriate conformance testing; and (ii) be accessible to and usable by individ- uals with disabilities as determined from consultation with individuals with disabil- ities, including those with visual, auditory, tactile, and cognitive disabilities, or mem- bers of any disability organization; and (B) provide guidance to agencies regarding the types and format of data and information