Thread Subject: Re: Draft Language from Conf Call

Note

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From: terry.weaver@gsa.gov
Date: Mon, Jun 18 2007 1:50 PM

Does anyone besides myself feel that the "In general" addition is a repeat
of the opening language at 1194.1 of the current Standard? I think we
modified it but does seem to cover the entire Part and It says currently:


§ 1194.1 Purpose.
The purpose of this part is to implement section 508 of the Rehabilitation
Act of 1973, as amended (29 U.S.C. 794d). Section 508 requires that when
Federal agencies develop, procure, maintain, or use electronic and
information technology, Federal employees with disabilities have access to
and use of information and data that is comparable to the access and use
by Federal employees who are not individuals with disabilities, unless an
undue burden would be imposed on the agency. Section 508 also requires
that individuals with disabilities, who are members of the public seeking
information or services from a Federal agency, have access to and use of
information and data that is comparable to that provided to the public who
are not individuals with disabilities, unless an undue burden would be
imposed on the agency.





"Diane Golden" < = EMAIL ADDRESS REMOVED = >
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06/14/2007 03:29 PM
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Subject
[teitac-subparta] Draft Language from Conf Call






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 âbest meetsâ 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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