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‘‘(11) carry out the responsibilities specified for the Access
Board in section 508.’’;
(C) in subsection (d)(1), by striking ‘‘procedures under
this section’’ and inserting ‘‘procedures under this sub-
section’’;
(D) in subsection (g)(2), by striking ‘‘Committee on
Education and Labor’’ and inserting ‘‘Committee on Edu-
cation and the Workforce’’;
(E) in subsection (h)(2)(A), by striking ‘‘paragraphs (5)
and (7)’’ and inserting ‘‘paragraphs (2) and (4)’’; and
(F) in subsection (i), by striking ‘‘fiscal years 1993
through 1997’’ and inserting ‘‘fiscal years 1999 through
2003’’.
(3) FEDERAL GRANTS AND CONTRACTS.—Section 504(a) (29
U.S.C. 794(a)) is amended in the first sentence by striking
‘‘section 7(8)’’ and inserting ‘‘section 7(20)’’.
(4) SECRETARIAL
RESPONSIBILITIES.—Section 506(a) (29
U.S.C. 794b(a)) is amended—
(A) by striking the second sentence and inserting the
following: ‘‘Any concurrence of the Access Board under
paragraph (2) shall reflect its consideration of cost studies
carried out by States.’’; and
(B) in the second sentence of subsection (c), by striking
‘‘provided under this paragraph’’ and inserting ‘‘provided
under this subsection’’.
(b) ELECTRONIC
AND
INFORMATION
TECHNOLOGY
REGULA-
TIONS.—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 develop-
ment, procurement, maintenance, or use of electronic and
information technology that meets the standards published
by the Access Board under paragraph (2) would impose
H. R. 1385—269
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 alter-
native means of access that allows the individual to use
the information and data.
‘‘(2) ELECTRONIC
AND
INFORMATION
TECHNOLOGY
STAND-
ARDS.—
‘‘(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 cri-
teria 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 stand-
ards required under subparagraph (A) to reflect techno-
logical 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 Coun-
cil shall revise the Federal Acquisition Regulation and each
Federal department or agency shall revise the Federal procure-
ment 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 depart-
ment or agency shall revise the procurement policies and direc-
tives, 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 docu-
mentation 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 security systems, as that
H. R. 1385—270
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 soft-
ware 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 sub-
mit 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 recommenda-
tions regarding the extent to which the electronic and informa-
tion technology of the Federal Government is accessible to
and usable by individuals with disabilities described in sub-
section (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 Oppor-
tunity Commission, and the General Services Administration) shall
H. R. 1385—271
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 alleg-
ing that a Federal department or agency fails to comply
with subsection (a)(1) in providing electronic and informa-
tion 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.’’.
(c) PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS.—Section
509 (29 U.S.C. 794e) is amended to read as follows:
‘‘SEC. 509. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS.
‘‘(a) PURPOSE AND CONSTRUCTION.—
‘‘(1) PURPOSE.—The purpose of this section is to support
a system in each State to protect the legal and human rights
of individuals with disabilities who—
‘‘(A) need services that are beyond the scope of services
authorized to be provided by the client assistance program
under section 112; and
‘‘(B)(i) are ineligible for protection and advocacy pro-
grams under part C of the Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.)
because the individuals do not have a developmental
disability, as defined in section 102 of such Act (42 U.S.C.
6002); and
‘‘(ii) are ineligible for services under the Protection
and Advocacy for Mentally Ill Individuals Act of 1986 (42
U.S.C. 10801 et seq.) because the individuals are not
individuals with mental illness, as defined in section 102
of such Act (42 U.S.C. 10802).
‘‘(2) CONSTRUCTION.—This section shall not be construed
to require the provision of protection and advocacy services
that can be provided under the Technology-Related Assistance