[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5312 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 5312
To authorize the creation of a commission to develop voluntary
accessibility guidelines for electronic instructional materials and
related technologies used in postsecondary education, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 5, 2019
Mr. David P. Roe of Tennessee (for himself and Mr. Courtney) introduced
the following bill; which was referred to the Committee on Education
and Labor
_______________________________________________________________________
A BILL
To authorize the creation of a commission to develop voluntary
accessibility guidelines for electronic instructional materials and
related technologies used in postsecondary education, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accessible Instructional Materials
in Higher Education Act'' or the ``AIM HIGH Act''.
SEC. 2. COMMISSION STRUCTURE.
(a) Establishment of Commission.--
(1) In general.--The Speaker of the House of
Representatives, the President pro tempore of the Senate, and
the Secretary of Education shall establish an independent
commission, comprised of key stakeholders, to develop voluntary
guidelines for accessible postsecondary electronic
instructional materials and related technologies in order--
(A) to ensure students with disabilities are
afforded the same educational benefits provided to
nondisabled students through the use of electronic
instructional materials and related technologies;
(B) to inform better the selection and use of such
materials and technologies at institutions of higher
education; and
(C) to encourage entities that produce such
materials and technologies to make accessible versions
more readily available in the market.
In fulfilling the duties set forth in subparagraphs (1)(A),
(1)(B), and (1)(C), the commission shall review applicable
national and international information technology accessibility
standards, which it will compile and annotate as an additional
information resource for institutions of higher education and
companies that service the higher education market. The
commission will also develop a model framework for pilot
testing postsecondary electronic instructional materials and
related technologies in postsecondary instructional settings to
facilitate exploration and adoption of such materials and
technologies.
(2) Membership.--
(A) Stakeholder groups.--The commission shall be
composed of representatives from the following
categories:
(i) Disability.--Communities of persons
with disabilities for whom the accessibility of
postsecondary electronic instructional
materials and related technologies is a
significant factor in ensuring equal
participation in higher education, and
nonprofit organizations that provide accessible
electronic materials to these communities.
(ii) Higher education.--Higher education
leadership, which includes: university
presidents, provosts, deans, vice presidents,
deans of libraries, chief information officers,
and other senior institutional executives.
(iii) Industry.--Relevant industry
representatives, meaning--
(I) developers of postsecondary
electronic instructional materials; and
(II) manufacturers of related
technologies.
(B) Appointment of members.--The commission members
shall be appointed as follows:
(i) Six members, 2 from each category
described in subparagraph (A), shall be
appointed by the Speaker of the House of
Representatives, 3 of whom shall be appointed
on the recommendation of the majority leader of
the House of Representatives and 3 of whom
shall be appointed on the recommendation of the
minority leader of the House of
Representatives, with the Speaker ensuring that
1 developer of postsecondary electronic
instructional materials and 1 manufacturer of
related technologies are appointed. The Speaker
shall also appoint 2 additional members, 1
student with a disability and 1 faculty member
from an institution of higher education.
(ii) Six members, 2 from each category
described in subparagraph (A), shall be
appointed by the President pro tempore of the
Senate, 3 of whom shall be appointed on the
recommendation of the majority leader of the
Senate and 3 of whom shall be appointed on the
recommendation of the minority leader of the
Senate, with the President pro tempore ensuring
that 1 developer of postsecondary electronic
instructional materials and 1 manufacturer of
related technologies are appointed. The
President pro tempore shall also appoint 2
additional members, 1 student with a disability
and 1 faculty member from an institution of
higher education.
(iii) Three members, each of whom must
possess extensive, demonstrated technical
expertise in the development and implementation
of accessible postsecondary electronic
instructional materials, shall be appointed by
the Secretary of Education. One of these
members shall represent postsecondary students
with disabilities, 1 shall represent higher
education leadership, and 1 shall represent
developers of postsecondary electronic
instructional materials.
(C) Eligibility to serve on the commission.--
Federal employees are ineligible for appointment to the
commission. An appointee to a volunteer or advisory
position with a Federal agency or related advisory body
may be appointed to the commission so long as his or
her primary employment is with a non-Federal entity and
he or she is not otherwise engaged in financially
compensated work on behalf of the Federal Government,
exclusive of any standard expense reimbursement or
grant-funded activities.
(b) Authority and Administration.--
(1) Authority.--The commission's execution of its duties
shall be independent of the Secretary of Education, the
Attorney General, and the head of any other agency or
department of the Federal Government with regulatory or
standard setting authority in the areas addressed by the
commission.
(2) Administration.--
(A) Staffing.--There shall be no permanent staffing
for the commission.
(B) Leadership.--Commission members shall elect a
chairperson from among the 19 appointees to the
commission.
(C) Administrative support.--The commission shall
be provided administrative support, as needed, by the
Secretary of Education through the Office of
Postsecondary Education of the Department of Education.
SEC. 3. DUTIES OF THE COMMISSION.
(a) Produce Voluntary Guidelines.--Not later than 18 months after
the date of enactment of this Act, subject to a 6-month extension that
it may exercise at its discretion, the commission established in
section 2 shall--
(1) develop and issue voluntary guidelines for accessible
postsecondary electronic instructional materials and related
technologies; and
(2) in developing the voluntary guidelines, the commission
shall--
(A) establish a technical panel pursuant to
subsection (d) to support the commission in developing
the voluntary guidelines;
(B) develop criteria for determining which
materials and technologies constitute ``postsecondary
electronic instructional materials'' and ``related
technologies'' as defined in paragraphs (5) and (6) of
section 7;
(C) identify existing national and international
accessibility standards that are relevant to student
use of postsecondary electronic instructional materials
and related technologies at institutions of higher
education;
(D) identify and address any unique pedagogical and
accessibility requirements of postsecondary electronic
instructional materials and related technologies that
are not addressed, or not adequately addressed, by the
identified, relevant existing accessibility standards;
(E) identify those aspects of accessibility, and
types of postsecondary instructional materials and
related technologies, for which the commission cannot
produce guidelines or which cannot be addressed by
existing accessibility standards due to--
(i) inherent limitations of commercially
available technologies; or
(ii) the challenges posed by a specific
category of disability that covers a wide
spectrum of impairments and capabilities which
makes it difficult to assess the benefits from
particular guidelines on a categorical basis;
(F) ensure that the voluntary guidelines are
consistent with the requirements of section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) and titles
II and III of the Americans with Disabilities Act (42
U.S.C. 12131 et seq.; 42 U.S.C. 12181 et seq.);
(G) ensure that the voluntary guidelines are
consistent, to the extent feasible and appropriate,
with the technical and functional performance criteria
included in the national and international
accessibility standards identified by the commission as
relevant to student use of postsecondary electronic
instructional materials and related technologies;
(H) allow for the use of an alternative design or
technology that results in substantially equivalent or
greater accessibility and usability by individuals with
disabilities than would be provided by compliance with
the voluntary guidelines; and
(I) provide that where electronic instructional
materials or related technologies that comply fully
with the voluntary guidelines are not commercially
available, or where such compliance is not technically
feasible, the institution may select the product that
best meets the voluntary guidelines consistent with the
institution's business and pedagogical needs.
(b) Produce Annotated List of Information Technology Standards.--
Not later than 18 months after the date of the enactment of this Act,
subject to a 6-month extension that it may exercise at its discretion,
the commission established in section 2 shall, with the assistance of
the technical panel established under subsection (d), develop and issue
an annotated list of information technology standards.
(c) Develop Model Framework for Pilot Testing Postsecondary
Electronic Instructional Materials and Related Technologies.--Not later
than 18 months after the date of enactment of this Act, subject to a 6-
month extension that it may exercise at its discretion, the commission
shall develop a model framework that institutions of higher education
may utilize on a voluntary basis, consistent with their obligations
under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) and the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), for
pilot testing the use of postsecondary electronic instructional
materials and related technologies in postsecondary instructional
settings to facilitate exploration and adoption of such materials and
technologies.
(d) Require Supermajority Approval.--Issuance of the voluntary
guidelines, annotated list of information technology standards, and
model framework for pilot testing postsecondary instructional materials
and related technologies shall require approval of at least 75 percent
(at least 15) of the 19 members of the commission.
(e) Establish Technical Panel.--Not later than 1 month after the
commission's first meeting, it shall appoint and convene a panel of 12
technical experts, each of whom shall have extensive, demonstrated
technical experience in developing, researching, or implementing
accessible postsecondary electronic instructional materials or related
technologies. The commission has discretion to determine a process for
nominating, vetting, and confirming a panel of experts that fairly
represents the stakeholder communities on the commission. The technical
panel shall include a representative from the United States Access
Board.
SEC. 4. PERIODIC REVIEW AND REVISION OF VOLUNTARY GUIDELINES.
Not later than 5 years after issuance of the voluntary guidelines,
annotated list of information technology standards, and pilot testing
framework described in subsections (a), (b), and (c) of section 3, and
every 5 years thereafter, the Secretary of Education shall publish a
notice in the Federal Register requesting public comment about whether
there is a need to reconstitute the commission to update the voluntary
guidelines, annotated list of information technology standards, and
pilot testing framework to reflect technological advances, changes in
postsecondary electronic instructional materials and related
technologies, or updated national and international accessibility
standards. The Secretary shall submit a report to Congress summarizing
the public comments and presenting the Secretary's decision on whether
to reconstitute the commission based on those comments. If the
Secretary decides to reconstitute the commission, the Secretary may
implement that decision 30 days after the date on which the report was
submitted to Congress. That process shall begin with the Secretary
requesting the appointment of commission members as detailed in section
2(a)(2)(B).
SEC. 5. CONSTRUCTION.
(a) Nonconforming Postsecondary Electronic Instructional Materials
or Related Technologies.--Nothing in this Act shall be construed to
require an institution of higher education to require, provide, or both
recommend and provide, postsecondary electronic instructional materials
or related technologies that conform to the voluntary guidelines.
However, an institution that selects or uses nonconforming
postsecondary electronic instructional materials or related
technologies must otherwise comply with existing obligations under
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and
titles II and III of the Americans with Disabilities Act (42 U.S.C.
12131 et seq.; 42 U.S.C. 12181 et seq.) to provide access to the
educational benefit afforded by such materials and technologies through
provision of appropriate and reasonable modification, accommodation,
and auxiliary aids or services.
(b) Relationship to Existing Laws and Regulations.--With respect to
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)
and the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), nothing in
this Act may be construed--
(1) to authorize or require conduct prohibited under the
Americans with Disabilities Act of 1990 and the Rehabilitation
Act of 1973, including the regulations issued pursuant to those
laws;
(2) to expand, limit, or alter the remedies or defenses
under the Americans with Disabilities Act of 1990 and the
Rehabilitation Act of 1973;
(3) to supersede, restrict, or limit the application of the
Americans with Disabilities Act of 1990 and the Rehabilitation
Act of 1973; or
(4) to limit the authority of Federal agencies to issue
regulations pursuant to the Americans with Disabilities Act of
1990 and the Rehabilitation Act of 1973.
(c) Voluntary Nature of the Products of the Commission.--
(1) Voluntary guidelines.--It is the intent of the Congress
that use of the voluntary guidelines developed pursuant to this
Act is and should remain voluntary. The voluntary guidelines
shall not confer any rights or impose any obligations on
commission participants, institutions of higher education, or
other persons. Thus, no department or agency of the Federal
Government may incorporate the voluntary guidelines, whether
produced as a discrete document or electronic resource, into
regulations promulgated under the Rehabilitation Act, the
Americans with Disabilities Act, or any other Federal law or
instrument. This restriction applies only to the voluntary
guidelines as a discrete document or resource; it imposes no
limitation on Federal use of standards or resources to which
the voluntary guidelines may refer.
(2) Annotated list.--It is the intent of Congress that use
of the annotated list of information technology standards
developed pursuant to this Act is and should remain voluntary.
The annotated list shall not confer any rights or impose any
obligations on commission participants, institutions of higher
education, or other persons. Thus, no department or agency of
the Federal Government may incorporate the annotated list,
whether produced as a discrete document or electronic resource
into regulations promulgated under the Rehabilitation Act, the
Americans with Disabilities Act, or any other Federal law or
instrument. This provision applies only to the annotated list
as a discrete document or resource; it imposes no limitation on
Federal use of standards or resources to which the annotated
list may refer.
(3) Pilot testing framework.--It is the intent of Congress
that use of the model framework for pilot testing postsecondary
instructional materials and related technologies developed
pursuant to this Act is and should remain voluntary. The pilot
testing framework shall not confer any rights or impose any
obligations on commission participants, institutions of higher
education, or other persons. Thus, no department or agency of
the Federal Government may incorporate the pilot testing
framework, whether produced as a discrete document or
electronic resource into regulations promulgated under the
Rehabilitation Act, the Americans with Disabilities Act, or any
other Federal law or instrument. This provision applies only to
the pilot testing framework as a discrete document or resource;
it imposes no limitation on Federal use of standards or
resources to which the pilot testing framework may refer.
SEC. 6. DEFINITIONS.
In this Act the following definitions apply:
(1) Annotated list of information technology standards.--
The term ``annotated list of information technology standards''
means a list of existing national and international
accessibility standards relevant to student use of
postsecondary electronic instructional materials and related
technologies, and to other types of information technology
common to institutions of higher education (such as
institutional websites and class registration systems),
annotated by the commission established pursuant to section 2
to provide information about the applicability of such
standards in higher education settings. The annotated list of
information technology standards is intended to serve solely as
a reference tool to inform any consideration of the relevance
of such standards in higher education contexts.
(2) Disability.--The term ``disability'' has the meaning
given such term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(4) Nonconforming postsecondary electronic instructional
materials or related technologies.--The term ``nonconforming
materials or related technologies'' means postsecondary
electronic instructional materials or related technologies that
do not conform to the voluntary guidelines to be developed
pursuant to this Act.
(5) Pilot testing.--The term ``pilot testing'' means a
small-scale study or project to determine the efficacy of a
postsecondary electronic instructional material and/or related
technology in a postsecondary instructional setting to inform
an institutional decision about whether to implement the
material and/or technology more broadly across the
institution's instructional settings.
(6) Postsecondary electronic instructional materials.--The
term ``postsecondary electronic instructional materials'' means
digital curricular content that is required, provided, or both
recommended and provided by an institution of higher education
for use in a postsecondary instructional program.
(7) Related technologies.--The term ``related
technologies'' refers to any software, applications, learning
management or content management systems, and hardware that an
institution of higher education requires, provides, or both
recommends and provides for student access to and use of
postsecondary electronic instructional materials in a
postsecondary instructional program.
(8) Technical panel.--The term ``technical panel'' means a
group of experts with extensive, demonstrated technical
experience in the development and implementation of
accessibility features for postsecondary electronic
instructional materials and related technologies, established
by the commission pursuant to section 3(d), which will assist
the commission in the development of the voluntary guidelines
and annotated list of information technology standards
authorized under this Act.
(9) Voluntary guidelines.--The term ``voluntary
guidelines'' means a set of technical and functional
performance criteria to be developed by the commission
established pursuant to section 2 that provide specific
guidance regarding both the accessibility and pedagogical
functionality of postsecondary electronic instructional
materials and related technologies not addressed, or not
adequately addressed, by existing accessibility standards.
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