(a) For the purpose of assuring the effective phasing in of nonvisual access technology procurement, the head of any covered entity:

(1) May not approve exclusion of the technology access clause from any contract with respect to:

(A) The compatibility of standard operating systems and software with nonvisual access software and peripheral devices; or

(B) The initial design, development, and installation of information systems, including the design and procurement of interactive equipment and software; or

(2) May approve, with respect to nonvisual access software or peripheral devices obtained during the three-year period beginning upon the date of enactment of this act, exclusion of such technology access clause to the extent that the cost of such software or devices for the covered entity exceeds:

(A) Fifty thousand dollars ($50,000) for the first year;

(B) One hundred thousand dollars ($100,000) for the second year; and

(C) Two hundred and fifty thousand dollars ($250,000) for the third year.

(b) Nothing in this section requires the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired.

(c) Notwithstanding the provisions of subsection (b) of this section, the applications programs and underlying operating systems, including without limitation the format of the data used for the manipulation and presentation of information, shall permit, to the extent provided in this subchapter, the installation and effective use of nonvisual access software and peripheral devices.

(d) Compliance with this subchapter in regard to information technology purchased prior to July 30, 1999, shall be achieved at the time of procurement of an upgrade or replacement of the existing equipment or software.