Thread Subject: Draft Language from Conf Call

Note

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From: Diane Golden
Date: Mon, Jun 18 2007 1:49 PM

The following is the draft language based on today's conference call
discussion. New language is in bold CAPS and deletions are in [brackets].

Diane

***************
§ 1194.2 Application (proposed addition and revisions in (a)(2) and (b)
sections)
IN GENERAL, THIS SECTION APPLIES ONLY TO THE CONSIDERATION OF ACCESSIBILITY
IN THE PROCESS OF DEVELOPING, PROCURING, MAINTAINING OR USING ELECTRONIC AND
INFORMATION TECHNOLOGY.

Rationale: Additional language clarifies that any regulation in this
section that impacts agency procurement procedures, applies only to the
consideration of accessibility and does NOT provide regulatory direction
regarding consideration of other factors such as business and technical
needs.

(a) Products covered by this part shall comply with all applicable
provisions of this part. When developing, procuring, maintaining, or using
electronic and information technology, each agency shall ensure that the
products comply with the applicable provisions of this part, unless an undue
burden would be imposed on the agency.

(1) When compliance with the provisions of this part imposes an undue
burden, agencies shall provide individuals with disabilities with the
information and data involved by an alternative means of access that allows
the individual to use the information and data.

(2) When DEVELOPING, procuring, MAINTAINING, OR USING a product, if an
agency determines that compliance with any provision of this part imposes an
undue burden, the documentation by the agency supporting the DEVELOPMENT,
procurement, MAINTANENCE, OR USE shall explain why, and to what extent,
compliance with each such provision creates an undue burden.

Rationale: Aligns wording of regulation with statute language.

(b) When procuring a product, each agency shall procure products which
comply with the provisions in this part when such products are available in
the commercial marketplace or when such products are developed in response
to a Government solicitation. Agencies cannot claim a product as a whole is
not commercially available because no product in the marketplace meets all
the standards. If products are NOT commercially available that meet [some
but not] all of the standards, the agency must procure the product that best
meets the standards.

Rationale: Clarifies the use of ?best meets? when products are NOT
commercially available that comprehensively meet each and every standard,
but might partially meet one or more individual standards or meet some but
not all of the standards.

Insert Note- (Terry and Nick are drafting)

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