EWG:Draft Oct 26 SubA Application

Subpart A: Section 1194.2 Application

This page is the text proposed in the Nov Plenary Meeting.

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Current provision:

(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 procuring 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 procurement shall explain why, and to what extent, compliance with each such provision creates an undue burden.

(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 commercially available that meet some but not all of the standards, the agency must procure the product that best meets the standards.

(c) Except as provided by §1194.3(b), this part applies to electronic and information technology developed, procured, maintained, or used by agencies directly or used by a contractor under a contract with an agency which requires the use of such product, or requires the use, to a significant extent, of such product in the performance of a service or the furnishing of a product.

Version 1: Recommended New Introduction:

In general, this section applies only to the consideration of accessibility in the process of developing, procuring, maintaining, or using electronic and information technology.

Version 2: Alternatives for Paragraph (a)(2) and Paragraph (b)

(a)(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, maintenance, or use shall explain why, and to what extent, compliance with each such provision creates an undue burden.

(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 that meet all of the standards are not commercially available the agency must procure the product that best meets the applicable access standards, given the agency's business needs.

Version 3: Alternative for Paragraph (b)

(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.

Version 4: From Karen P-S

1. Mark entire current draft as applicable to 508

2. Add section for 255

Section 255
Where readily achievable, telecommunications and interconnected VoIP equipment and customer premises equipment shall comply with the requirements of (fill in subpart) of this part. Where it is not readily achievable to comply with (fill in subpart'), telecommunications and interconnected VoIP equipment and customer premises equipment shall comply with the requirements of (fill in subpart), if readily achievable.

Product design, development and evaluation (for equipment and CPE covered under Section 255)

(a) Manufacturers shall evaluate the accessibility, usability, and compatibility of equipment and customer premises equipment used to provide telecommunications and interconnected VoIP services and shall incorporate such evaluation throughout product design, development, and fabrication, as early and consistently as possible. Manufacturers shall identify barriers to accessibility and usability as part of such a product design and development process.

(b) In development such a process, manufacturers shall consider the following factors, as the manufacturer deems appropriate:
(1) Where market research is undertaken, including individuals with disabilities in target populations of such research;
(2) Where product design, testing, pilot demonstrations, and product trials are conducted, including individuals with disabilities in such activities;
(3) Working cooperatively with appropriate disability-related organizations; and
(4) Making reasonable efforts to validate any unproven access solutions through testing with individuals with disabilities or with appropriate disability-related organizations that have established expertise with individuals with disabilities.

Text from: Telecommunications §1193.21 (first paragraph) and Telecommunications §1193.23 (second section). Changes to original text in italics.
Note: there are 3 references to subparts that must be filled in above. The first refers to accessibility provisions and the latter subpart refers to compatibility provisions.

Version 5, addition from Gregg V.

• Prohibited reduction of accessibility, usability and compatibility

(a) For purposes of Section 255, no change shall be undertaken which decreases or has the effect of decreasing the net accessibility, usability, or compatibility of telecommunications equipment, interconnected VoIP equipment, or customer premises equipment used with telecommunications or interconnected VoIP services.

(b) Exception: Discontinuation of a product shall not be prohibited.