[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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