Section 508 Refresh Act of 2024

Bill: 118-s-4766
Sponsor: full_name: Sen. Casey, Robert P., Jr. [D-PA]
Introduced: 2024-07-24
Policy area: Government Operations and Politics
Latest action: action_date: 2024-07-24
text: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 4766 IN THE SENATE OF THE UNITED STATES July 24, 2024 Mr. Casey (for himself, Mr. Fetterman , Mr. Wyden , and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To strengthen requirements for the use of accessible information and communications technology by Federal departments and agencies.

1. Short title This Act may be cited as the Section 508 Refresh Act of 2024 . 2. Definitions In this Act: (1) Access Board The term Access Board means the Architectural and Transportation Barriers Compliance Board established under section 502(a)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 792(a)(1) ). (2) Administrator The term Administrator means the Administrator of the General Services Administration. (3) Disability The term disability has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (4) Federal department or agency The term Federal department or agency has the meaning given the term agency in section 3502 of title 44, United States Code, except that such term shall also include agency components. (5) Information and communications technology The term information and communications technology means all information technology and all other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content, such as computers and peripheral equipment, information kiosks and transaction machines, telecommunications equipment, customer premises equipment, multifunction office machines, software, applications, websites, videos, and electronic documents. (6) Section 508 The term section 508 means section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ). 3. Amendments to definitions and terms used in section 508 of the Rehabilitation Act of 1973 (a) Amendments Section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ) is amended— (1) by striking electronic and information technology and inserting information and communications technology each place the term appears; (2) in subsection (a)— (A) in subparagraph (A) of paragraph (1), by striking electronic and information technology in the subparagraph heading and inserting information and communications technology ; (B) by striking subparagraph (A) of paragraph (2) and inserting the following: (A) The Architectural and Transportation Barriers Compliance Board (referred to in this section as the Access Board ) shall maintain published technical and functional performance criteria necessary to implement the requirements set forth in paragraph (1). ; and (C) in paragraph (3)— (i) by striking 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. ; and (ii) by striking Council and inserting Federal Acquisition Regulatory Council ; and (3) by adding at the end the following: (j) Definitions In this section: (1) Federal department and agency The term Federal department and agency has the meaning given the term agency in section 3502 of title 44, United States Code. (2) Information and communications technology The term information and communications technology means all information technology and all other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content, such as— (A) computers and peripheral equipment; (B) information kiosks and transaction machines; (C) telecommunications equipment; (D) customer premises equipment; (E) multifunction office machines; (F) software; (G) applications; (H) websites; (I) videos; and (J) electronic documents. . (b) Conforming amendments (1) The item relating to section 508 in the table of contents of the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) is amended by striking Electronic and information technology and inserting Information and communications technology . (2) Section 204 of the Rehabilitation Act of 1973 ( 29 U.S.C. 764 ) is amended— (A) in subsection (b)(2)(C)(i), by striking electronic and information technology and inserting information and communications technology . (B) in subsection (b)(2)(D), by striking electronic and information technology and inserting information and communications technology . (3) Section 502 of the Rehabilitation Act of 1973 ( 29 U.S.C. 792 ) is amended— (A) in subsection (b)(3)(D), by striking electronic and information technology and inserting information and communications technology . (B) in subsection (d), by striking electronic and information technology and inserting information and communications technology . 4. Involvement of people with disabilities (a) Amendment to the Rehabilitation Act of 1973 Section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ) is amended by inserting after subsection (g) the following: (h) Involvement of People with Disabilities In carrying out this section, Federal departments and agencies shall routinely involve people with disabilities. That involvement shall take the form of soliciting feedback and participation from Federal employees and members of the public with disabilities in each of the following: (1) The development of mechanisms or processes to enforce this section within a department or agency. (2) The acquisition or development of information and communications technology in a manner that incorporates accessibility for people with disabilities from the beginning to the end of the acquisition or development process. (3) Testing information and communications technology for compliance with this section. (4) Remediating information and communications technology that is not in compliance with this section. (5) The complaints process under this section, including the effectiveness and timeliness of the complaints process under this section. . (b) Guidance for departments and agencies Not later than 1 year after the date of enactment of this Act, the Access Board, in consultation with the Administrator, the Director of the Office of Management and Budget, and the Director of the Office of Federal Contract Compliance Programs shall establish guidelines for departments and agencies to routinely involve people with disabilities in accordance with subsection (h) of section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ), as amended by subsection (a). 5. Authority of the Access Board to ensure compliance with section 508 Section 502(b)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 792(b)(1) ) is amended— (1) by striking ensure compliance with the standards prescribed pursuant to the Act and inserting ensure compliance with— (A) the standards prescribed pursuant to the Act ; (2) by inserting and after the semicolon at the end of subparagraph (A); and (3) by adding at the end the following: (B) the standards prescribed pursuant to section 508; . 6. Uniform Complaint Process; incorporation of people with disabilities in enforcement (a) Establishment of Access Board complaint process (1) In General In accordance with the authority of the Access Board under section 502(b)(1) of the Rehabilitation Act of 1973 (as amended by section 5), not later than 1 year after the date of enactment of this Act, the Access Board, in consultation with the Administrator and the Director of the Office of Management and Budget, shall establish a uniform complaint process for any individual to file a complaint with the Access Board alleging that a Federal department or agency fails to comply with subsection (a)(2) of section 508 of that Act and for actions to resolve such complaints. (2) Timeframe The Access Board shall promulgate regulations to establish the timeframe by which complaints shall be processed or adjudicated under such uniform complaint process. (3) Transition of complaints process The Access Board shall establish procedures to ensure the smooth transition of the complaints process under section 508 before the date of the uniform complaint process described in paragraph (1) (referred to in this paragraph as the previous complaints process ) and the uniform complaints process established under paragraph (1) (referred to in this paragraph as the new complaints process ), which shall include ensuring that section 508 complaints that were initiated before the new complaints process either— (A) be adjudicated under the previous complaints process not later than 6 months after the new complaints process is established; or (B) if such complaints are not adjudicated in accordance with subparagraph (A), such complaints shall be transferred to the Access Board for consideration under the new complaints process. (b) Enforcement regarding information and communications technology Section 508(f) of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d(f) ) is amended to read as follows: (f) Enforcement (1) In General Beginning on the date that the process described in section 6(a) of the Section 508 Refresh Act of 2024 has been established, any individual may file a complaint with the Access Board alleging that a Federal department or agency fails to comply with standards described in subsection (a)(2), in accordance with the authority of the Access Board under section 502(b)(1). (2) 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). . (c) Feedback In developing the complaint process and carrying out the activities under subsection (f) of section 508 of such Act, as amended by subsection (b), the Access Board shall solicit and incorporate feedback from people with disabilities, including— (1) members of the public with disabilities; (2) Federal employees with disabilities; and (3) people with disabilities who have previously filed complaints under such section. 7. Procurement process for information and communications technology (a) Establishment of testing and reporting process (1) In general Not later than 1 year after the date of the enactment of this Act, the Administrator, in collaboration with the Director of the Office of Management and Budget, the Director of the Office of Federal Contract Compliance Programs, and the Access Board, shall establish a uniform process for testing and reporting any information and communications technology acquired by a Federal department or agency for compliance with the requirements of section 508. (2) Elements The uniform process established under paragraph (1) shall include the following: (A) A requirement that any contract between a Federal department or agency and a vendor of information and communications technology adopts standard accessibility language, appropriate for the type of information and communications technology being acquired, that shall be determined by the Administrator, in consultation with the Director of the Office of Management and Budget, the Director of the Office of Federal Contract Compliance Programs, and the Access Board. (B) A requirement that the Federal department or agency test any information and communications technology for compliance with the requirements of section 508 prior to the acquisition of such technology, including timelines for such testing. (C) A requirement that the Federal department or agency shall not acquire or deploy information and communications technology that is not compliant with section 508. (D) In the case of an information and communications technology that fails to meet the requirements of section 508, the following accountability measures: (i) Not later than 30 days after discovering the noncompliance, the Federal department or agency shall notify the vendor of the noncompliance and the basis for the noncompliance. (ii) Following notification, the vendor shall be subject to a mandatory civil penalty, the value of which shall be— (I) established by the Administrator, in consultation with the Director of the Office of Management and Budget, the Director of the Office of Federal Compliance Programs, and the Access Board; and (II) not less than 3 percent of the value of the contract. (iii) The vendor shall, at the expense of the vendor, have 6 months from the date of notification to modify the technology to bring it into compliance with the requirements of section 508. (iv) If the vendor fails to bring the technology into compliance by the deadline established under clause (iii) and the requirements of section 508 were included in the contract for the information and communications technology— (I) the Federal department or agency shall— (aa) terminate the contract for cause; and (bb) seek reimbursement for the full value of the contract (in addition to the mandatory civil penalty assessed under subparagraph (D)(ii). (3) Technical assistance (A) In general The Administrator shall provide to Federal departments and agencies technical assistance for compliance with the uniform process for testing and reporting established under paragraph (1). (B) Website The technical assistance required under subparagraph (A) shall include the maintenance of a website that is accessible to the heads of Federal departments and agencies and that contains information and tools for compliance with the uniform process established under paragraph (1). (b) Good samaritan bonus program (1) In general Not later than 1 year after the date of the enactment of this Act, the Administrator, in collaboration with the Director of the Office of Management and Budget, the Director of the Office of Federal Contract Compliance Programs, and the Access Board, shall establish a process for providing to each vendor that identifies one or more requirement of section 508 that is missing from the contract between the vendor and the Federal department or agency for information and communications technology a bonus of not more than 3 percent of the value of the contract. (2) Eligibility A vendor is eligible for the bonus under paragraph (1) if— (A) the vendor properly notified the Federal department or agency about the missing requirement and provides documentation of such notification; (B) the vendor provides documentation showing that— (i) the missing requirement was added to the contract for the information and communications technology; or (ii) the Federal department or agency declined to add the requirement; and (C) the vendor delivered to the Federal department or agency information and communications technology that complies with every requirement of section 508. (3) Department or Agency requirements In the case of a Federal department or agency that declines to add a requirement, as described in paragraph (2)(B)(ii), that Federal department or agency shall report the decision to decline, and the justification for doing so, to the Administrator and the Access Board. (c) Streamlining verification of information and communications technology provided to departments and agencies (1) Conformity assessments Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Management and Budget, in coordination with the Administrator, shall establish a program to enable vendors of information and communications technology to review an assessment of whether their products and services conform to the standards promulgated pursuant to section 508(a)(2) of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d(a)(2) ) and verify the assessment or state that the assessment cannot be verified. (2) List on public website The Administrator shall ensure that the products and services of vendors of information and communications technology that meet the criteria of the program are categorized and listed on a centralized public website. (3) Program development In developing the program required under paragraph (1), the Director of the Office of Management and Budget and the Administrator shall consult regularly with Federal departments and agencies, as well as representatives from the accessibility community and the information and communications technology industry. (4) Guidance The Director of the Office of Management and Budget, in consultation with the Administrator, may issue guidance to Federal departments and agencies, as necessary, to implement this subsection. (d) FedRAMP authorization and section 508 Beginning on the date that is 1 year after the date of enactment of this Act, the Federal Risk and Authorization Management Program shall only authorize products and services that are verified pursuant to subsection (c) to be fully compliant with section 508. 8. Agency accountability (a) Guidelines relating to compliance officers Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Access Board, the Director of the Office of Management and Budget, and the Office of Federal Contract Compliance Programs shall establish guidelines relating to the programs for compliance with section 508 and compliance officers of departments and agencies, including— (1) the role of such programs and authority of compliance officers in departments and agencies; (2) the relationship of compliance officers with department and agency information technology officers; and (3) the relationship of compliance officers with department and agency acquisition officers, including the authority of compliance officers to intervene in the acquisition process if the information and communications technology a department or agency is seeking to procure is not compliant with section 508. (b) Continuous accessibility testing for information and communications technology (1) Establishment of testing and evaluation requirements The Administrator, in consultation with the Director of the Office of Management and Budget and the Access Board, shall establish standardized continuous accessibility testing and evaluation requirements with respect to department and agency information and communications technology that is acquired, developed, maintained, or used by a department or agency, including information and communications technology acquired, developed, maintained, or used before the date of enactment of this Act. Such standardized continuous accessibility testing and evaluation requirements shall include regression testing. (2) Technical assistance The General Services Administration shall provide technical assistance to departments and agencies with continuous testing and evaluation required pursuant to paragraph (1), including through the establishment of an online hub that includes tools and guidance relating to such testing and evaluation. (c) Noncompliant information and communications technology In the case of information and communications technology acquired, developed, maintained, or used before the date of enactment of this Act that is found to not be compliant with section 508, as amended by this Act, the applicable department or agency shall remediate or remove that information and communications technology not later than 90 days after the determination of noncompliance. (d) Federal agency accessibility compliance Section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ), as amended by sections 3 and 4, is further amended by inserting after subsection (h), as added by section 4, the following: (i) Compliance officer (1) In general (A) Appointment Not later than 90 days after the date that the Administrator establishes guidelines pursuant to section 8 of the Section 508 Refresh Act of 2024 , the head of each Federal department or agency to which this section applies shall, consistent with such guidelines, appoint a compliance officer who shall have knowledge and experience with website accessibility, the requirements of this section, and the Web Content Accessibility Guidelines that are current as of the date of the appointment. (B) Responsibilities Each compliance officer appointed under subparagraph (A) shall— (i) be responsible for ensuring the Federal department or agency is meeting the requirements of this section; (ii) be responsible for remaining up-to-date on changes to web content accessibility requirements and other requirements concerning the accessibility of information and communications technology; and (iii) report directly to the head of the Federal department or agency. (2) Signed certification Beginning not later than 1 year after the date of enactment of the Section 508 Refresh Act of 2024 , and annually thereafter, the head of each Federal department or agency to which this section applies shall— (A) post on the home page of the department or agency’s website a signed certification that the department or agency is in compliance with the requirements under this section; or (B) submit to Congress, and post on the home page of the department or agency’s website, a plan with a timeline to ensure the department or agency’s compliance with the requirements under this section. (3) Larger departments and agencies With respect to a Federal department or agency to which this section applies that has multiple units within such department or agency headed by Assistant Secretaries or Directors, the head of each such unit shall appoint a compliance officer who shall be responsible for ensuring the unit is meeting the requirements of this section. (4) Flexibility for smaller departments and agencies The head of a Federal department or agency to which this section applies that has fewer than 20 full-time employees may appoint one of such full-time employees as the compliance officer for the department or agency, if the majority of the employee’s work duties are related to work as the compliance officer. . (e) Guidelines relating to performance appraisals (1) In general Not later than 1 year after the date of enactment of this Act, the Director of the Office of Personnel Management, in consultation with the Director of the Office of Management and Budget, the Administrator, and the Access Board, shall issue guidelines for including compliance with section 508 as a critical element in performance appraisals for all members of the Senior Executive Service. (2) Requirements The guidelines issued under paragraph (1) shall determine the factors to be included in the appraisal described in paragraph (1). (f) Federal advisory committees on equal access (1) Committee establishment Not later than 1 year after the date of enactment of this Act, each department or agency shall establish a Federal Advisory Committee on Equal Access if— (A) the department or agency fails to appoint a compliance officer under section 508(i) of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ), as added by this Act, or allows the position of compliance officer to go unfilled for more than 6 months; (B) the department or agency fails to publish on the website of the department or agency a signed certification of compliance with the requirements of section 508, or, if unable to publish a signed certification of compliance, a plan to ensure compliance by the department or agency within a specified timeframe; (C) the department or agency fails to publish a signed certification of compliance or update documentation, pursuant to a plan published under subparagraph (B) within the specified timeframe provided under that plan; or (D) the Administrator, in consultation with the Access Board, determines that the department or agency— (i) is habitually non-compliant with section 508; (ii) has failed to provide appropriate, continuous testing for information and communications technology compliance under the requirements of this Act; or (iii) has failed to appropriately evaluate employees, including senior executives, for compliance with section 508, pursuant to the guidelines issued under subsection (d); or (iv) has made inadequate progress toward carrying out the compliance plan described in section 508(i)(2)(B) of the Rehabilitation Act of 1973 (as added by this Act). (2) Committee membership The Administrator, in consultation with the Access Board, shall determine the size of each Federal Advisory Committee on Equal Access and membership criteria, which shall include a requirement that a majority of the members be individuals with a disability, and represent a variety of disabilities. (3) Meetings; termination The Administrator, in consultation with the Access Board, shall determine the frequency of meetings and termination date of each Federal Advisory Committee on Equal Access. (4) Reports required Each Federal Advisory Committee on Equal Access of a department or agency shall submit to the Administrator, Access Board, and the Inspector General an annual report relating to— (A) compliance of the department or agency with section 508; (B) compliance of the department or agency with other Federal accessibility laws, prioritized by area of greatest need, as determined by the Federal Advisory Committee on Equal Access; and (C) recommendations of the Federal Advisory Committee on Equal Access for improving the department or agency’s compliance with section 508 and any other Federal accessibility laws the Federal Advisory Committee on Equal Access examines. 9. Reports (a) Reporting requirements (1) In General Subsection (d) of section 508 of the Rehabilitation Act of 1973 is amended to read as follows: (d) In General (1) Annual compliance reports (A) In General Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator, in consultation with the Director of the Office of Management and Budget and the Access Board, shall prepare and submit to the Committees on Health, Education, Labor, and Pensions, Aging, Appropriations, and Homeland Security and Governmental Affairs of the Senate and the Committees on Energy and Commerce, Appropriations, and Oversight and Reform of the House of Representatives a report that shall include— (i) a comprehensive assessment (including information identifying the metrics and data used) of compliance by each department or agency, and by the Federal Government generally, with the requirements of this section; (ii) a detailed description of the actions, activities, and other efforts made by the Administrator over the year preceding submission to support such compliance at agencies and any planned efforts in the coming year to improve compliance at agencies; (iii) a list of recommendations that agencies or Congress may take to help support that compliance; and (iv) a list of each instance in which a Federal department or agency declined to include a requirement of this section that is missing from a contract between a vendor and the Federal department or agency, as reported under section 7(b)(3) of the Section 508 Refresh Act of 2024 . (B) Report availability The Administrator shall ensure that the reports required under this paragraph are made available on a public website and are maintained as an open Government data asset (as that term is defined in section 3502 of title 44, United States Code). (2) Unresolved complaints (A) In General Beginning not later than 1 year after the date on which the uniform complaint process described in subsection (f), as amended by section 6 of the Section 508 Refresh Act of 2024 , is implemented, the Access Board, in consultation with the Administrator, shall prepare and submit an annual report in accordance with subparagraph (B), that shall include, at a minimum, information on— (i) the number of unresolved complaints that— (I) allege that a Federal department or agency fails to comply with section 508, by department and agency; and (II) (aa) have been filed since the last annual report that are not resolved at the time the report is submitted; and (bb) have been filed before the previous report and remain unresolved at the time the report is submitted; and (ii) for the purpose of comparing departments and agencies, the number of complaints described in clause (i), by department and agency, that have not been resolved within the timeline established as part of such uniform complaint process. (B) Report The information described in subparagraph (A) may be submitted as part of the report described in paragraph (1). If such information is not submitted as part of that report, such information shall be submitted to Congress, made available on a public website, and maintained as an open Government data asset (as that term is defined in section 3502 of title 44, United States Code). . (2) Repeal Subsection (b) of section 752 of the Consolidated Appropriations Act, 2023 ( 29 U.S.C. 794d–1(b) ) is repealed. (b) Report to Congress on exceptions (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Director of the Office of Management and Budget, shall submit to the Special Committee on Aging of the Senate , the Committee on Health, Education, Labor, and Pensions of the Senate , and the Committee on Energy and Commerce of the House of Representatives , and make available on a public website and maintain as an open Government data asset (as that term is defined in section 3502 of title 44, United States Code), a report on the following exceptions claimed by departments and agencies with respect to the requirements of section 508 under appendix A of section 1194 of title 36, Code of Federal Regulations: (A) E202.2 Legacy ICT. (B) E202.6 Undue Burden or Fundamental Alteration. (C) E202.7 Best Meets. (2) Report contents The report described in paragraph (1) shall include, at minimum— (A) a list of each exception in effect as of the date of the report, organized by department and agency, including the date the exemption was claimed and the date the exemption expires; (B) the total number of exceptions claimed by each department and agency; (C) plans of the department or agency for the replacement of exempt information and communications technology with information and communications technology that is compliant with section 508, or a justification for not planning to replace exempt information and communications technology; and (D) a description of barriers identified to tracking, evaluating, or reporting on exemptions in effect. (c) Comptroller General Report (1) In General Five years after the date of enactment of this Act, the Comptroller General shall prepare and submit a report to the appropriate congressional committees regarding section 508. Such report shall include an evaluation of each of the following: (A) The extent that certain departments and agencies, as selected by the Comptroller General, are addressing compliance with section 508 requirements, including the requirements established under this Act and the amendments made by this Act. (B) Barriers to implementing this Act and the amendments made by this Act. (C) The extent that accessibility standards for information and communications technology used by Federal departments and agencies align with best practices, and the reasons for any variance. (D) Whether changes in technology since the date of enactment of this Act have created new issues regarding compliance with section 508 at departments and agencies selected by the Comptroller General. (E) Recommendations for the executive branch and Congress, as appropriate, for updating section 508 and for improving compliance with section 508. (2) Appropriate Committees of Congress For purposes of the subsection, the appropriate committees of Congress are the following: (A) The Special Committee on Aging of the Senate. (B) The Committee on Health, Education, Labor, and Pensions of the Senate. (C) The Committee on Energy and Commerce of the House of Representatives. (d) Cooperation Subsection (e) of section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d(e) ) is amended— (1) by striking (including the Access Board, the Equal Employment Opportunity Commission, and the General Services Administration) and inserting (including the Access Board and the Equal Employment Opportunity Commission) ; and (2) by striking Attorney General and inserting Administrator of General Services and the Director of the Office of Management and Budget each place the term appears. 10. Authorization of appropriations There are authorized to be appropriated to carry out this Act $4,500,000 for the period of fiscal years 2025 through 2029.