[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4766 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4766
To strengthen requirements for the use of accessible information and
communications technology by Federal departments and agencies.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Section 508 Refresh Act of 2024''.
SEC. 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).
SEC. 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''.
SEC. 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).
SEC. 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;''.
SEC. 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.
SEC. 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