Sec. 7. Procurement process for information and communications technology
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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. The uniform process established under paragraph
(1)shall include the following: 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. 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. A requirement that the Federal department or agency shall not acquire or deploy information and communications technology that is not compliant with section 508. In the case of an information and communications technology that fails to meet the requirements of section 508, the following accountability measures: 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. Following notification, the vendor shall be subject to a mandatory civil penalty, the value of which shall be— 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 not less than 3 percent of the value of the contract. 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. 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— the Federal department or agency shall— terminate the contract for cause; and seek reimbursement for the full value of the contract (in addition to the mandatory civil penalty assessed under subparagraph (D)(ii). 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). 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). 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. A vendor is eligible for the bonus under paragraph
(1)if— the vendor properly notified the Federal department or agency about the missing requirement and provides documentation of such notification; the vendor provides documentation showing that— the missing requirement was added to the contract for the information and communications technology; or the Federal department or agency declined to add the requirement; and the vendor delivered to the Federal department or agency information and communications technology that complies with every requirement of section 508. 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. 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. 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. 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. 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. 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.
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Sec. 7
Procurement process for information and communications technology
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