The purpose of this part is to implement section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), which requires that when Federal departments and agencies develop, procure, maintain, or use information and communication technology, they shall ensure that the information and communication technology is accessible to individuals with disabilities who are Federal employees, applicants for employment, or members of the public.
This part applies to all development, procurement, maintenance, and use of information and communication technology (ICT), as defined in E103.4 of appendix A to 36 CFR part 1194.
[81 FR 32646, May 24, 2016, as amended at 84 FR 37577, Aug. 1, 2019]
The Department of State adopts the definitions in E103.4 of appendix A to 36 CFR part 1194. In addition, as used in this part:
Department means the United States Department of State and any of its passport agencies or other facilities.
Secretary means the Secretary of State or his or her designee.
Section 508 means section 508 of the Rehabilitation Act of 1973, as amended, codified at 29 U.S.C. 794d.
[81 FR 32646, May 24, 2016, as amended at 84 FR 37577, Aug. 1, 2019]
(a) The Secretary shall ensure that employees, applicants for employment, and the members of the public are provided with adequate notice of the requirements of Section 508, the Revised 508 Standards (36 CFR 1194.1 and appendices A, C and D to 36 CFR part 1194), and this part, as they relate to the programs or activities conducted by the Department.
(b) The Secretary shall ensure that the home page of the Department's public-facing Web site provides Department policy regarding accessibility of ICT in accordance with Section 508 and 36 CFR part 1194.1, as well as an email address for the public to ask questions or express concerns.
[81 FR 32646, May 24, 2016, as amended at 84 FR 37577, Aug. 1, 2019]
The Department must comply with Revised 508 Standards when it develops, procures, maintains, or uses ICT. The Department must ensure that individuals with disabilities who are Federal employees or members of the public have access to and use of information and data that is comparable to that provided to Federal employees or members of the public without disabilities, unless providing comparable access would impose an undue burden on the Department.
[81 FR 32646, May 24, 2016, as amended at 84 FR 37577, Aug. 1, 2019]
(a) Development, procurement, maintenance, or use of ICT. When developing, procuring, maintaining, or using ICT, the Department shall ensure, unless an undue burden would be imposed on the Department, that the ICT allows, regardless of the type of medium of the technology, that—
(1) Individuals with disabilities who are Department employees have access to and use of information and data that is comparable to the access to and use of the information and data by Department employees who are not individuals with disabilities; and
(2) Individuals with disabilities who are members of the public seeking information or services from the Department 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) In meeting its obligations under paragraph (a) of this section, the Department shall comply with the Revised 508 Standards (36 CFR 1194.1 and appendices A, C and D to 36 CFR part 1194).
(c) Alternative means of access when undue burden is imposed. When development, procurement, maintenance, or use of ICT that meets the standards as provided in 36 CFR part 1194.1 would impose an undue burden, the Department shall provide individuals with disabilities covered by this section with the relevant information and data by an alternative means of access that allows the individual to use the information and data.
(d) Procedures for determining undue burden. The Department procedures for finding that full compliance with 36 CFR part 1194.1 would impose an undue burden can be found at: http://www.state.gov/m/irm/impact/126338.htm.
[81 FR 32646, May 24, 2016, as amended at 84 FR 37577, Aug. 1, 2019]