AIM HIGH Act

I 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 vol- untary 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Accessible Instruc- 4 tional Materials in Higher Education Act’’ or the ‘‘AIM 5 HIGH Act’’. 6 SEC. 2. COMMISSION STRUCTURE. 7 (a) ESTABLISHMENT OF COMMISSION.— 8 VerDate Sep 11 2014 19:57 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5312.IH H5312 jbell on DSKJLSW7X2PROD with BILLS 2 •HR 5312 IH (1) IN GENERAL.—The Speaker of the House of 1 Representatives, the President pro tempore of the 2 Senate, and the Secretary of Education shall estab- 3 lish an independent commission, comprised of key 4 stakeholders, to develop voluntary guidelines for ac- 5 cessible postsecondary electronic instructional mate- 6 rials and related technologies in order— 7 (A) to ensure students with disabilities are 8 afforded the same educational benefits provided 9 to nondisabled students through the use of elec- 10 tronic instructional materials and related tech- 11 nologies; 12 (B) to inform better the selection and use 13 of such materials and technologies at institu- 14 tions of higher education; and 15 (C) to encourage entities that produce such 16 materials and technologies to make accessible 17 versions more readily available in the market. 18 In fulfilling the duties set forth in subparagraphs 19 (1)(A), (1)(B), and (1)(C), the commission shall re- 20 view applicable national and international informa- 21 tion technology accessibility standards, which it will 22 compile and annotate as an additional information 23 resource for institutions of higher education and 24 companies that service the higher education market. 25 VerDate Sep 11 2014 19:57 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5312.IH H5312 jbell on DSKJLSW7X2PROD with BILLS 3 •HR 5312 IH The commission will also develop a model framework 1 for pilot testing postsecondary electronic instruc- 2 tional materials and related technologies in postsec- 3 ondary instructional settings to facilitate exploration 4 and adoption of such materials and technologies. 5 (2) MEMBERSHIP.— 6 (A) STAKEHOLDER GROUPS.—The com- 7 mission shall be composed of representatives 8 from the following categories: 9 (i) DISABILITY.—Communities of per- 10 sons with disabilities for whom the accessi- 11 bility of postsecondary electronic instruc- 12 tional materials and related technologies is 13 a significant factor in ensuring equal par- 14 ticipation in higher education, and non- 15 profit organizations that provide accessible 16 electronic materials to these communities. 17 (ii) HIGHER EDUCATION.—Higher 18 education leadership, which includes: uni- 19 versity presidents, provosts, deans, vice 20 presidents, deans of libraries, chief infor- 21 mation officers, and other senior institu- 22 tional executives. 23 (iii) INDUSTRY.—Relevant industry 24 representatives, meaning— 25 VerDate Sep 11 2014 19:57 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5312.IH H5312 jbell on DSKJLSW7X2PROD with BILLS 4 •HR 5312 IH (I) developers of postsecondary 1 electronic instructional materials; and 2 (II) manufacturers of related 3 technologies. 4 (B) APPOINTMENT OF MEMBERS.—The 5 commission members shall be appointed as fol- 6 lows: 7 (i) Six members, 2 from each category 8 described in subparagraph (A), shall be ap- 9 pointed by the Speaker of the House of 10 Representatives, 3 of whom shall be ap- 11 pointed on the recommendation of the ma- 12 jority leader of the House of Representa- 13 tives and 3 of whom shall be appointed on 14 the recommendation of the minority leader 15 of the House of Representatives, with the 16 Speaker ensuring that 1 developer of post- 17 secondary electronic instructional materials 18 and 1 manufacturer of related technologies 19 are appointed. The Speaker shall also ap- 20 point 2 additional members, 1 student with 21 a disability and 1 faculty member from an 22 institution of higher education. 23 (ii) Six members, 2 from each cat- 24 egory described in subparagraph (A), shall 25 VerDate Sep 11 2014 19:57 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5312.IH H5312 jbell on DSKJLSW7X2PROD with BILLS 5 •HR 5312 IH be appointed by the President pro tempore 1 of the Senate, 3 of whom shall be ap- 2 pointed on the recommendation of the ma- 3 jority leader of the Senate and 3 of whom 4 shall be appointed on the recommendation 5 of the minority leader of the Senate, with 6 the President pro tempore ensuring that 1 7 developer of postsecondary electronic in- 8 structional materials and 1 manufacturer 9 of related technologies are appointed. The 10 President pro tempore shall also appoint 2 11 additional members, 1 student with a dis- 12 ability and 1 faculty member from an insti- 13 tution of higher education. 14 (iii) Three members, each of whom 15 must possess extensive, demonstrated tech- 16 nical expertise in the development and im- 17 plementation of accessible postsecondary 18 electronic instructional materials, shall be 19 appointed by the Secretary of Education. 20 One of these members shall represent post- 21 secondary students with disabilities, 1 shall 22 represent higher education leadership, and 23 1 shall represent developers of postsec- 24 ondary electronic instructional materials. 25 VerDate Sep 11 2014 19:57 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5312.IH H5312 jbell on DSKJLSW7X2PROD with BILLS 6 •HR 5312 IH (C) ELIGIBILITY TO SERVE ON THE COM- 1 MISSION.—Federal employees are ineligible for 2 appointment to the commission. An appointee 3 to a volunteer or advisory position with a Fed- 4 eral agency or related advisory body may be ap- 5 pointed to the commission so long as his or her 6 primary employment is with a non-Federal enti- 7 ty and he or she is not otherwise engaged in fi- 8 nancially compensated work on behalf of the 9 Federal Government, exclusive of any standard 10 expense reimbursement or grant-funded activi- 11 ties. 12 (b) AUTHORITY AND ADMINISTRATION.— 13 (1) AUTHORITY.—The commission’s execution 14 of its duties shall be independent of the Secretary of 15 Education, the Attorney General, and the head of 16 any other agency or department of the Federal Gov- 17 ernment with regulatory or standard setting author- 18 ity in the areas addressed by the commission. 19 (2) ADMINISTRATION.— 20 (A) STAFFING.—There shall be no perma- 21 nent staffing for the commission. 22 (B) LEADERSHIP.—Commission members 23 shall elect a chairperson from among the 19 ap- 24 pointees to the commission. 25 VerDate Sep 11 2014 19:57 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5312.IH H5312 jbell on DSKJLSW7X2PROD with BILLS 7 •HR 5312 IH (C) ADMINISTRATIVE SUPPORT.—The com- 1 mission shall be provided administrative sup- 2 port, as needed, by the Secretary of Education 3 through the Office of Postsecondary Education 4 of the Department of Education. 5 SEC. 3. DUTIES OF THE COMMISSION. 6 (a) PRODUCE VOLUNTARY GUIDELINES.—Not later 7 than 18 months after the date of enactment of this Act, 8 subject to a 6-month extension that it may exercise at its 9 discretion, the commission established in section 2 shall— 10 (1) develop and issue voluntary guidelines for 11 accessible postsecondary electronic instructional ma- 12 terials and related technologies; and 13 (2) in developing the voluntary guidelines, the 14 commission shall— 15 (A) establish a technical panel pursuant to 16 subsection (d) to support the commission in de- 17 veloping the voluntary guidelines; 18 (B) develop criteria for determining which 19 materials and technologies constitute ‘‘postsec- 20 ondary electronic instructional materials’’ and 21 ‘‘related technologies’’ as defined in paragraphs 22 (5) and (6) of section 7; 23 (C) identify existing national and inter- 24 national accessibility standards that are rel- 25 VerDate Sep 11 2014 19:57 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5312.IH H5312 jbell on DSKJLSW7X2PROD with BILLS 8 •HR 5312 IH evant to student use of postsecondary electronic 1 instructional materials and related technologies 2 at institutions of higher education; 3 (D) identify and address any unique peda- 4 gogical and accessibility requirements of post- 5 secondary electronic instructional materials and 6 related technologies that are not addressed, or 7 not adequately addressed, by the identified, rel- 8 evant existing accessibility standards; 9 (E) identify those aspects of accessibility, 10 and types of postsecondary instructional mate- 11 rials and related technologies, for which the 12 commission cannot produce guidelines or which 13 cannot be addressed by existing accessibility 14 standards due to— 15 (i) inherent limitations of commer- 16 cially available technologies; or 17 (ii) the challenges posed by a specific 18 category of disability that covers a wide 19 spectrum of impairments and capabilities 20 which makes it difficult to assess the bene- 21 fits from particular guidelines on a cat- 22 egorical basis; 23 (F) ensure that the voluntary guidelines 24 are consistent with the requirements of section 25 VerDate Sep 11 2014 19:57 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5312.IH H5312 jbell on DSKJLSW7X2PROD with BILLS 9 •HR 5312 IH 504 of the Rehabilitation Act of 1973 (29 1 U.S.C. 794) and titles II and III of the Ameri- 2 cans with Disabilities Act (42 U.S.C. 12131 et 3 seq.; 42 U.S.C. 12181 et seq.); 4 (G) ensure that the voluntary guidelines 5 are consistent, to the extent feasible and appro- 6 priate, with the technical and functional per- 7 formance criteria included in the national and 8 international accessibility standards identified 9 by the commission as relevant to student use of 10 postsecondary electronic instructional materials 11 and related technologies; 12 (H) allow for the use of an alternative de- 13 sign or technology that results in substantially 14 equivalent or greater accessibility and usability 15 by individuals with disabilities than would be 16 provided by compliance with the voluntary 17 guidelines; and 18 (I) provide that where electronic instruc- 19 tional materials or related technologies that 20 comply fully with the voluntary guidelines are 21 not commercially available, or where such com- 22 pliance is not technically feasible, the institution 23 may select the product that best meets the vol- 24 VerDate Sep 11 2014 19:57 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5312.IH H5312 jbell on DSKJLSW7X2PROD with BILLS 10 •HR 5312 IH untary guidelines consistent with the institu- 1 tion’s business and pedagogical needs. 2 (b) PRODUCE ANNOTATED LIST OF INFORMATION 3 TECHNOLOGY STANDARDS.—Not later than 18 months 4 after the date of the enactment of this Act, subject to a 5 6-month extension that it may exercise at its discretion, 6 the commission established in section 2 shall, with the as- 7 sistance of the technical panel established under sub- 8 section (d), develop and issue an annotated list of informa- 9 tion technology standards. 10 (c) DEVELOP MODEL FRAMEWORK FOR PILOT TEST- 11 ING POSTSECONDARY ELECTRONIC INSTRUCTIONAL MA- 12 TERIALS AND RELATED TECHNOLOGIES.—Not later than 13 18 months after the date of enactment of this Act, subject 14 to a 6-month extension that it may exercise at its discre- 15 tion, the commission shall develop a model framework that 16 institutions of higher education may utilize on a voluntary 17 basis, consistent with their obligations under the Rehabili- 18 tation Act of 1973 (29 U.S.C. 701 et seq.) and the Ameri- 19 cans with Disabilities Act of 1990 (42 U.S.C. 12101 et 20 seq.), for pilot testing the use of postsecondary electronic 21 instructional materials and related technologies in postsec- 22 ondary instructional settings to facilitate exploration and 23 adoption of such materials and technologies. 24 VerDate Sep 11 2014 19:57 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5312.IH H5312 jbell on DSKJLSW7X2PROD with BILLS 11 •HR 5312 IH (d) REQUIRE SUPERMAJORITY APPROVAL.—Issuance 1 of the voluntary guidelines, annotated list of information 2 technology standards, and model framework for pilot test- 3 ing postsecondary instructional materials and related tech- 4 nologies shall require approval of at least 75 percent (at 5 least 15) of the 19 members of the commission. 6 (e) ESTABLISH TECHNICAL PANEL.—Not later than 7 1 month after the commission’s first meeting, it shall ap- 8 point and convene a panel of 12 technical experts, each 9 of whom shall have extensive, demonstrated technical ex- 10 perience in developing, researching, or implementing ac- 11 cessible postsecondary electronic instructional materials or 12 related technologies. The commission has discretion to de- 13 termine a process for nominating, vetting, and confirming 14 a panel of experts that fairly represents the stakeholder 15 communities on the commission. The technical panel shall 16 include a representative from the United States Access 17 Board. 18 SEC. 4. PERIODIC REVIEW AND REVISION OF VOLUNTARY 19 GUIDELINES. 20 Not later than 5 years after issuance of the voluntary 21 guidelines, annotated list of information technology stand- 22 ards, and pilot testing framework described in subsections 23 (a), (b), and (c) of section 3, and every 5 years thereafter, 24 the Secretary of Education shall publish a notice in the 25 VerDate Sep 11 2014 19:57 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5312.IH H5312 jbell on DSKJLSW7X2PROD with BILLS 12 •HR 5312 IH Federal Register requesting public comment about wheth- 1 er there is a need to reconstitute the commission to update 2 the voluntary guidelines, annotated list of information 3 technology standards, and pilot testing framework to re- 4 flect technological advances, changes in postsecondary 5 electronic instructional materials and related technologies, 6 or updated nation [Text truncated for display. Full text available on Congress.gov.]