[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3095 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 3095
To develop voluntary guidelines for accessible postsecondary electronic
instructional materials and related technologies, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 18, 2019
Mr. Schumer (for Ms. Warren (for herself, Mr. Bennet, Mr. Sullivan, Mr.
Tester, and Ms. Ernst)) introduced the following bill; which was read
twice and referred to the Committee on Health, Education, Labor, and
Pensions
_______________________________________________________________________
A BILL
To develop voluntary guidelines for accessible postsecondary electronic
instructional materials and related technologies, 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. DEFINITIONS.
In this Act:
(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 3
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 or related
technology in a postsecondary instructional setting to inform
an institutional decision about whether to implement the
material 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 4(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 3 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.
SEC. 3. COMMISSION STRUCTURE.
(a) Establishment of Commission.--
(1) In general.--
(A) Purposes.--The Speaker of the House of
Representatives, the President pro tempore of the
Senate, and the Secretary of Education shall establish
an independent commission to carry out the activities
described in subparagraph (B) (referred to in this Act
as the ``commission'') in order--
(i) 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;
(ii) to inform better the selection and use
of such materials and technologies at
institutions of higher education; and
(iii) to encourage entities that produce
such materials and technologies to make
accessible versions more readily available in
the market.
(B) Duties.--The commission shall--
(i) develop voluntary guidelines for
accessible postsecondary electronic
instructional materials and related
technologies;
(ii) review applicable national and
international information technology
accessibility standards, which the commission
shall compile and annotate as an additional
information resource for institutions of higher
education and companies that service the higher
education market; and
(iii) 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) In general.--The commission shall be composed
of 19 members. The commission shall include members of
the stakeholder groups described in subparagraph (B),
students with a disability, faculty at institutions of
higher education, and individuals with technical
expertise in the development and implementation of
accessible postsecondary electronic instructional
materials, each of whom shall be appointed in
accordance with subparagraph (C).
(B) 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 an institution of
higher education's president, provosts, deans,
vice presidents, deans of libraries, chief
information officers, and other senior
institutional executives.
(iii) Industry.--Developers of
postsecondary electronic instructional
materials and manufacturers of related
technologies.
(C) Appointment of members.--The commission members
shall be appointed as follows:
(i) Six members, 2 from each category
described in subparagraph (B), 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 (B), 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.
(D) 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 the
appointee's primary employment is with a non-Federal
entity and the appointee 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. 4. 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
the commission may exercise at its discretion, the commission
established in section 3 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 (e) 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 (6) and (7) of
section 2;
(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 the commission may exercise at its
discretion, the commission established in section 3 shall, with the
assistance of the technical panel established under subsection (e),
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 the commission 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) Requirement for 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 not less than 15 of the 19 members of the commission.
(e) Establish Technical Panel.--Not later than 1 month after the
commission's first meeting, the commission 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. 5. PERIODIC REVIEW AND REVISION OF VOLUNTARY GUIDELINES.
(a) In General.--Not later than 5 years after issuance of the
voluntary guidelines, annotated list of information technology
standards, and pilot testing framework described in this Act, 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, or
pilot testing framework to reflect technological advances, changes in
postsecondary electronic instructional materials and related
technologies, or updated national and international accessibility
standards.
(b) Report.--Following the request for public comment described in
subsection (a), the Secretary of Education shall submit a report to
Congress summarizing the public comments and presenting the Secretary's
decision about whether to reconstitute the commission based on those
comments.
(c) Reconstituted Commission.--If the Secretary of Education
decides to reconstitute the commission, the Secretary may implement
that decision 30 days after the date on which the report was submitted
to Congress by requesting the appointment of commission members as
described in section 3.
SEC. 6. RULES OF 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 shall otherwise comply with 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.--
(A) In general.--It is the sense of 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 of 1973 (29
U.S.C. 701 et seq.), the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.), or any other
Federal law.
(B) Standards and resources.--The restriction under
subparagraph (A) applies only to the voluntary
guidelines as a discrete document or resource, and does
not impose a limitation on Federal use of standards or
resources to which the voluntary guidelines may refer.
(2) Annotated list.--
(A) In general.--It is the sense 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 of 1973 (29 U.S.C. 701 et seq.), the
Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), or any other Federal law.
(B) Standards and resources.--The restriction under
subparagraph (A) applies only to the annotated list of
information technology standards as a discrete document
or resource, and does not impose a limitation on
Federal use of standards or resources to which the
annotated list may refer.
(3) Pilot testing framework.--
(A) In general.--It is the sense 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 of 1973 (29
U.S.C. 701 et seq.), the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.), or any other
Federal law.
(B) Standards and resources.--The restriction under
subparagraph (A) applies only to the pilot testing
framework as a discrete document or resource, and does
not impose a limitation on Federal use of standards or
resources to which the pilot testing framework may
refer.
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