§ 794d. — Electronic and information technology.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC794d]
TITLE 29--LABOR
CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
SUBCHAPTER V--RIGHTS AND ADVOCACY
Sec. 794d. 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 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 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 11101(6) of title 40; 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 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 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 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 individuals with disabilities described in
subsection (a)(1) of this section, 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 August 7, 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) of this section.
(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
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) of this
section.
(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) of this section and prepare the
reports under subsection (d) of this section.
(f) Enforcement
(1) General
(A) Complaints
Effective 6 months after the date of publication by the
Access Board of final standards described in subsection (a)(2)
of this section, any individual with a disability may file a
complaint alleging that a Federal department or agency fails to
comply with subsection (a)(1) of this section 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 6 months after the date of publication
by the Access Board of final standards described in subsection
(a)(2) of this section.
(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 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 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 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, Sec. 508, as added Pub. L. 99-506, title VI,
Sec. 603(a), Oct. 21, 1986, 100 Stat. 1830; amended Pub. L. 100-630,
title II, Sec. 206(f), Nov. 7, 1988, 102 Stat. 3312; Pub. L. 102-569,
title V, Sec. 509(a), Oct. 29, 1992, 106 Stat. 4430; Pub. L. 105-220,
title IV, Sec. 408(b), Aug. 7, 1998, 112 Stat. 1203; Pub. L. 106-246,
div. B, title II, Sec. 2405, July 13, 2000, 114 Stat. 555.)
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, Sec. 5(c), Aug. 21, 2002, 116
Stat. 1303, the first section of which enacted Title 40, Public
Buildings, Property, and Works.
Amendments
2000--Subsec. (f)(1)(A). Pub. L. 106-246, Sec. 2405(1), substituted
``Effective 6 months after the date of publication by the Access Board
of final standards described in subsection (a)(2) of this section,'' for
``Effective 2 years after August 7, 1998,''.
Subsec. (f)(1)(B). Pub. L. 106-246, Sec. 2405(2), substituted ``6
months after the date of publication by the Access Board of final
standards described in subsection (a)(2) of this section.'' 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 information technology accessibility guidelines.
1992--Pub. L. 102-569 amended section generally, substituting
present provisions for provisions relating to electronic equipment
accessibility guidelines, in consultation with electronic industry,
designed to insure individuals with handicaps use of electronic office
equipment with or without special peripherals, requiring the
Administrator of General Services to adopt guidelines for electronic
equipment accessibility established under this section for Federal
procurement of electronic equipment, and defining term ``special
peripherals''.
1988--Subsec. (a)(1). Pub. L. 100-630, Sec. 206(f)(1), inserted
``the Director of'' before ``the National Institute'', struck out
``the'' before ``General Services'', and substituted ``individuals with
handicaps'' for ``handicapped individuals''.
Subsec. (a)(3). Pub. L. 100-630, Sec. 206(f)(2), inserted ``by the
Director of the National Institute on Disability and Rehabilitation
Research and the Administrator of General Services in consultation with
the electronics industry and the Interagency Committee for Computer
Support of Handicapped Employees'' after ``revised''.
Subsec. (c). Pub. L. 100-630, Sec. 206(f)(3), substituted ``an
individual with handicaps'' for ``a handicapped individual''.
Section Referred to in Other Sections
This section is referred to in section 792 of this title; title 42
section 15024; title 44 section 3602.
