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116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-127
======================================================================
VA WEBSITE ACCESSIBILITY ACT OF 2019
_______
June 25, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Takano, from the Committee on Veterans' Affairs, submitted the
following
R E P O R T
[To accompany H.R. 1199]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 1199) to direct the Secretary of Veterans
Affairs to conduct a study regarding the accessibility of
websites of the Department of Veterans Affairs to individuals
with disabilities, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Subcommittee Consideration....................................... 3
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
Statement of General Performance Goals and Objectives............ 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Earmarks and Tax and Tariff Benefits............................. 4
Committee Cost Estimate.......................................... 4
Congressional Budget Office Estimate............................. 4
Federal Mandates Statement....................................... 5
Advisory Committee Statement..................................... 5
Constitutional Authority Statement............................... 5
Applicability to Legislative Branch.............................. 5
Statement on Duplication of Federal Programs..................... 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill as Reported............. 6
PURPOSE AND SUMMARY
H.R. 1199, the ``VA Website Accessibility Act of 2019,''
was introduced by Representative Elaine Luria, Chair of the
Subcommittee on Disability Assistance and Memorial Affairs, on
February 13, 2019. H.R. 1199 would direct the Secretary of
Veterans Affairs to conduct a study regarding the accessibility
of websites of the Department of Veterans Affairs to
individuals with disabilities.
BACKGROUND AND NEED FOR LEGISLATION
According to the Blinded Veterans Association, there are an
estimated over 130,000 legally blinded veterans in the United
States, and another 1.5 million with low-vision. 20 USC 794d
Sec. 508 (Section 508), of the Rehabilitation Act establishes
requirements for electronic and information technology
developed, maintained, procured, or used by the federal
government. Section 508 requires federal electronic and
information technology to be accessible to people with
disabilities, including employees, and members of the public.
For veterans, Section 508 requires VA websites to be
accessible to people with disabilities. While it would seem
clear that VA should comply with Section 508, VA has a long
history of stating that they are ``working towards compliance''
while continually failing to ensure that all of their websites
are accessible to the blind via use of electronic readers. This
was especially concerning last year when the veteran crisis
line was updated, and the chat feature became non-compliant--
leaving blind veterans unable to access this life-saving
resource.
Blinded veterans continue to face undue challenges
accessing VA websites and mobile applications which are often
the gateway to VA services and benefits. When reader apps or
other devices do not work on VA websites as required by law,
these veterans should not have to rely on friends and relatives
to gain access and file benefits claims.
Barriers visually impaired veterans have encountered on VA
websites include:
Tables that are not designed so they can be
navigated cell by cell to allow users of screen-readers
and magnification software to read them;
Buttons that are too small, or hidden among
other items, thus making them hard to locate;
Elements (such as checkboxes and buttons)
that are not properly labeled;
Pop-Ups that interfere with the user's
ability to navigate the web page by redirecting the
focus of a screen-reader and cannot easily be
dismissed;
Forms that are not designed to allow a
screen-reader or magnification program to be used while
filling them out; and a problem specific to the VA.gov
website,
Password requirements that exceed industry
standards. This creates major challenges, especially
for seniors and others with cognitive challenges who
need to create and remember unnecessarily complex
passwords.
H.R. 1199 does not propose any changes to Section 508. It
requires VA to examine all websites (including attached files
and web-based applications) to determine whether such websites
are accessible to individuals with disabilities in accordance
with Section 508. Websites are defined to include VA medical
center informational kiosks. In addition, H.R. 1199 requires VA
to compile a complete list of non-compliant websites and kiosks
and submit a plan to Congress to make these websites compliant
with the requirements of Section 508 of the Rehabilitation Act.
HEARINGS
On May 1, 2019, the Subcommittee on Disability Assistance
and Memorial Affairs conducted a legislative hearing on various
bills introduced during the 116th Congress, including H.R.
1199.
The following witnesses testified:
The Honorable Mark Takano, U.S House of Representatives,
41st Congressional District of California; The Honorable David
P. Roe, U.S House of Representatives, 1st Congressional
District of Tennessee; The Honorable Conor Lamb, U.S House of
Representatives, 17th Congressional District of Pennsylvania;
The Honorable Greg Steube, U.S. House of Representatives, 17th
District of Florida; The Honorable Julia Brownley, U.S. House
of Representatives, 26th Congressional District of Florida; Mr.
Matthew Sullivan, Deputy Under Secretary for Finance and
Planning, National Cemetery Administration; accompanied by Mr.
Kevin Friel, Deputy Director for Pension and Fiduciary,
Veterans Benefits Administration; Dr. Patricia Hastings, Deputy
Chief Consultant, Post Deployment Health Service, Veterans
Health; Mr. Derrick Curtis, Director, Software Testing & 508,
Enterprise Portfolio Management Division, Office of Information
Technology; Ms. Melanie Brunson, Government Relations Officer,
Blinded Veterans Association; Mr. Karl R. Horst, Major General,
U.S. Army (Ret), President and Chief Executive Officer,
Congressional Medal of Honor Foundation; Ms. Allison Adelle
Hedge Coke, Distinguished Professor of Creative Writing,
University of California, Riverside; Mr. Carlos Fuentes,
Director, National Legislative Service, Veterans of Foreign
Wars; Mr. Rick Weidman, Executive Director, Policy and
Government Affairs, Vietnam Veterans of America; Mr. Chanin
Nuntavong, Veterans Affairs and Rehabilitation Division
Director, The American Legion; Mr. Shane L. Liermann, Assistant
National Legislative Director, Disabled American Veterans; and
Dr. David A. Butler, Director, Office of Military and Veterans
Health, Health and Medicine Division, The National Academies of
Sciences, Engineering, and Medicine; accompanied by Dr. Ourania
Kosti, Senior Program Officer, Principal Investigator,
Radiation Effects Research Foundation, The National Academies
of Sciences, Engineering, and Medicine.
Statements for the record were submitted by:
The Honorable Doug LaMalfa, U.S. House of Representatives,
1st Congressional District of California; Mr. John Wells,
Executive Director, The Military-Veterans Advocacy; Mr. Keith
Kiefer, National Commander, National Association of Atomic
Veterans; Mr. Robert Celestial, SGT, U.S. Army Retired
(D.A.V.), Veteran who participated in Enewetak Cleanup; Mr. Ken
Brownell, Veteran who participated in Enewetak Cleanup; and The
American Federation of Government Employees, AFL-CIO.
SUBCOMMITTEE CONSIDERATION
There was no Subcommittee consideration of H.R. 1199.
COMMITTEE CONSIDERATION
On May 8, 2019, the Full Committee met in an open markup
session, a quorum being present, and ordered H.R. 1199 reported
favorably to the House of Representatives by voice vote.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report the legislation and amendments
thereto. There were no recorded votes taken on amendments or in
connection with ordering H.R. 1199 reported to the House. A
motion by Ranking Member David P. Roe of Tennessee to report
H.R. 1199 favorably to the House of Representatives was agreed
to by voice vote.
COMMITTEE OVERSIGHT FINDINGS
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee establishes the
following performance goals and objectives for this
legislation: to remove barriers to accessing benefits for
disabled veterans by requiring that the Department of Veterans
Affairs conduct a study regarding the accessibility of websites
of the Department to individuals with disabilities and provide
a report to Congress describing those that are noncompliant
along with a plan to bring them into compliance.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
EARMARKS AND TAX AND TARIFF BENEFITS
H.R. 1199 does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the Rules of the House of
Representatives.
COMMITTEE COST ESTIMATE
The Committee adopts as its own the cost estimate on H.R.
1199 prepared by the Director of the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
for H.R. 1199 provided by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 1199 would require the Department of Veterans Affairs
(VA) to review all of its websites to determine if they comply
with requirements in current law that they be accessible to
individuals with disabilities. The bill would require VA to
report to the Congress on its findings, and describe its plans
to bring its websites into compliance.
Using information about the cost of similar studies, CBO
estimates that the study and report required under the bill
would cost less than $500,000 over the 2019-2024 period; such
spending would be subject to the availability of appropriated
funds.
The CBO staff contact for this estimate is Logan Smith. The
estimate was reviewed by Leo Lex, Deputy Assistant Director for
Budget Analysis.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 1199 prepared by the Director of the
Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
1199.
CONSTITUTIONAL AUTHORITY STATEMENT
Pursuant to Article I, section 8 of the United States
Constitution, H.R. 1199 is authorized by Congress' power to
``provide for the common Defense and general Welfare of the
United States.''
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that H.R. 1199 does not relate to the
terms and conditions of employment or access to public services
or accommodations within the legislative branch.
STATEMENT ON DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 1199 establishes or reauthorizes a program of the
Federal Government known to be duplicative of another Federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Sec. 1. Short title. The Act may be cited as the ``VA
Website Accessibility Act of 2019''.
Sec. 2. (a) Directs the Secretary to examine all VA
websites to ensure they are accessible to individuals in
accordance with the Rehabilitation Act of 1973 within 180 days
of enactment.
(b) Requires the Secretary to provide Congress with a
report within 90 days that includes:
(1) a list of noncompliant sites,
(2) a description of why those sites are
noncompliant, and
(3) the plan to bring the site to compliance.
(c) Includes under the definition of VA website the VA
kiosks used at medical facilities for appointment check in.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
[all]
