I 

115TH CONGRESS 

1ST SESSION H. R. 1772 

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 

MARCH 29, 2017 

Mr. ROE of Tennessee (for himself, Mr. COURTNEY, Mr. THOMPSON of Pennsylvania, Mr. KINZINGER, Mr. PRICE of North Carolina, Mr. 

KRISHNAMOORTHI, Mr. KILDEE, and Mr. THOMPSON of Mississippi) introduced the following bill; which was referred to the Committee on Education and the Workforce 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Accessible Instruc5 tional Materials in Higher Education Act’’ or the ‘‘AIM 

6 HIGH Act’’. 


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1 SEC. 2. COMMISSION STRUCTURE. 

2 (a) ESTABLISHMENT OF COMMISSION.— 

3 (1) IN GENERAL.—The Speaker of the House of 

4 Representatives, the President pro tempore of the 

5 Senate, and the Secretary of Education shall estab6 lish an independent commission, comprised of key 

7 stakeholders, to develop voluntary guidelines for ac8 cessible postsecondary electronic instructional mate9 rials and related technologies in order— 

10 (A) to ensure students with disabilities are 

11 afforded the same educational benefits provided 

12 to nondisabled students through the use of elec13 tronic instructional materials and related tech14 nologies; 

15 (B) to inform better the selection and use 

16 of such materials and technologies at institu17 tions of higher education; and 

18 (C) to encourage entities that produce such 

19 materials and technologies to make accessible 

20 versions more readily available in the market. 

21 In fulfilling this duty, the commission shall review 

22 applicable national and international information 

23 technology accessibility standards, which it will com24 pile and annotate as an additional information re25 source for institutions of higher education and com26 panies that service the higher education market. 


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1 (2) MEMBERSHIP.— 

2 (A) STAKEHOLDER GROUPS.—The com3 mission shall be composed of representatives 

4 from the following categories: 

5 (i) DISABILITY.—Communities of per6 sons with disabilities for whom the accessi7 bility of postsecondary electronic instruc8 tional materials and related technologies is 

9 a significant factor in ensuring equal par10 ticipation in higher education, and non11 profit organizations that provide accessible 

12 electronic materials to these communities. 

13 (ii) HIGHER EDUCATION.—Higher 

14 education leadership, which includes: uni15 versity presidents, provosts, deans, vice 

16 presidents, deans of libraries, chief infor17 mation officers, and other senior institu18 tional executives. 

19 (iii) INDUSTRY.—Relevant industry 

20 representatives, meaning— 

21 (I) developers of postsecondary 

22 electronic instructional materials; and 

23 (II) manufacturers of related 

24 technologies. 


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1 (B) APPOINTMENT OF MEMBERS.—The 

2 commission members shall be appointed as fol3 lows: 

4 (i) Six members, 2 from each category 

5 described in subparagraph (A), shall be ap6 pointed by the Speaker of the House of 

7 Representatives, 3 of whom shall be ap8 pointed on the recommendation of the ma9 jority leader of the House of Representa10 tives and 3 of whom shall be appointed on 

11 the recommendation of the minority leader 

12 of the House of Representatives, with the 

13 Speaker ensuring that 1 developer of post14 secondary electronic instructional materials 

15 and 1 manufacturer of related technologies 

16 are appointed. The Speaker shall also ap17 point 2 additional members, 1 student with 

18 a disability and 1 faculty member from an 

19 institution of higher education. 

20 (ii) Six members, 2 from each cat21 egory described in subparagraph (A), shall 

22 be appointed by the President pro tempore 

23 of the Senate, 3 of whom shall be ap24 pointed on the recommendation of the ma25 jority leader of the Senate and 3 of whom 


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1 shall be appointed on the recommendation 

2 of the minority leader of the Senate, with 

3 the President pro tempore ensuring that 1 

4 developer of postsecondary electronic in5 structional materials and 1 manufacturer 

6 of related technologies are appointed. The 

7 President pro tempore shall also appoint 2 

8 additional members, 1 student with a dis9 ability and 1 faculty member from an insti10 tution of higher education. 

11 (iii) Three members, each of whom 

12 must possess extensive, demonstrated tech13 nical expertise in the development and im14 plementation of accessible postsecondary 

15 electronic instructional materials, shall be 

16 appointed by the Secretary of Education. 

17 One of these members shall represent post18 secondary students with disabilities, 1 shall 

19 represent higher education leadership, and 

20 1 shall represent developers of postsec21 ondary electronic instructional materials. 

22 (C) ELIGIBILITY TO SERVE ON THE COM23 MISSION.—Federal employees are ineligible for 

24 appointment to the commission. An appointee 

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1 eral agency or related advisory body may be ap2 pointed to the commission so long as his or her 

3 primary employment is with a non-Federal enti4 ty and he or she is not otherwise engaged in fi5 nancially compensated work on behalf of the 

6 Federal Government, exclusive of any standard 

7 expense reimbursement or grant-funded activi8 ties. 

9 (b) AUTHORITY AND ADMINISTRATION.— 

10 (1) AUTHORITY.—The commission’s execution 

11 of its duties shall be independent of the Secretary of 

12 Education, the Attorney General, and the head of 

13 any other agency or department of the Federal Gov14 ernment with regulatory or standard setting author15 ity in the areas addressed by the commission. 

16 (2) ADMINISTRATION.— 

17 (A) STAFFING.—There shall be no perma18 nent staffing for the commission. 

19 (B) LEADERSHIP.—Commission members 

20 shall elect a chairperson from among the 19 ap21 pointees to the commission. 

22 (C) ADMINISTRATIVE SUPPORT.—The 

23 Commission shall be provided administrative 

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1 cation through the Office of Postsecondary 

2 Education of the Department of Education. 

3 SEC. 3. DUTIES OF THE COMMISSION. 

4 (a) PRODUCE VOLUNTARY GUIDELINES.—Not later 

5 than 18 months after the date of enactment of this Act, 

6 subject to a 6-month extension that it may exercise at its 

7 discretion, the commission established in section 2 shall— 

8 (1) develop and issue voluntary guidelines for 

9 accessible postsecondary electronic instructional ma10 terials and related technologies; and 

11 (2) in developing the voluntary guidelines, the 

12 commission shall— 

13 (A) establish a technical panel pursuant to 

14 subsection (d) to support the commission in de15 veloping the voluntary guidelines; 

16 (B) develop criteria for determining which 

17 materials and technologies constitute ‘‘postsec18 ondary electronic instructional materials’’ and 

19 ‘‘related technologies’’ as defined in paragraphs 

20 (5) and (6) of section 7; 

21 (C) identify existing national and inter22 national accessibility standards that are rel23 evant to student use of postsecondary electronic 

24 instructional materials and related technologies 

25 at institutions of higher education; 


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1 (D) identify and address any unique peda2 gogical and accessibility requirements of post3 secondary electronic instructional materials and 

4 related technologies that are not addressed, or 

5 not adequately addressed, by the identified, rel6 evant existing accessibility standards; 

7 (E) identify those aspects of accessibility, 

8 and types of postsecondary instructional mate9 rials and related technologies, for which the 

10 commission cannot produce guidelines or which 

11 cannot be addressed by existing accessibility 

12 standards due to— 

13 (i) inherent limitations of commer14 cially available technologies; or 

15 (ii) the challenges posed by a specific 

16 category of disability that covers a wide 

17 spectrum of impairments and capabilities 

18 which makes it difficult to assess the bene19 fits from particular guidelines on a cat20 egorical basis; 

21 (F) ensure that the voluntary guidelines 

22 are consistent with the requirements of section 

23 504 of the Rehabilitation Act of 1973 (29 

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1 cans with Disabilities Act (42 U.S.C. 12131 et 

2 seq.; 42 U.S.C. 12181 et seq.); 

3 (G) ensure that the voluntary guidelines 

4 are consistent, to the extent feasible and appro5 priate, with the technical and functional per6 formance criteria included in the national and 

7 international accessibility standards identified 

8 by the commission as relevant to student use of 

9 postsecondary electronic instructional materials 

10 and related technologies; 

11 (H) allow for the use of an alternative de12 sign or technology that results in substantially 

13 equivalent or greater accessibility and usability 

14 by individuals with disabilities than would be 

15 provided by compliance with the voluntary 

16 guidelines; and 

17 (I) provide that where electronic instruc18 tional materials or related technologies that 

19 comply fully with the voluntary guidelines are 

20 not commercially available, or where such com21 pliance is not technically feasible, the institution 

22 may select the product that best meets the vol23 untary guidelines consistent with the institu24 tion’s business and pedagogical needs. 


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1 (b) PRODUCE ANNOTATED LIST OF INFORMATION

2 TECHNOLOGY STANDARDS.—Not later than 18 months 

3 after the date of the enactment of this Act, subject to a 

4 6-month extension that it may exercise at its discretion, 

5 the commission established in section 2 shall, with the as6 sistance of the technical panel established under sub7 section (d), develop and issue an annotated list of informa8 tion technology standards. 

9 (c) SUPERMAJORITY APPROVAL.—Issuance of the 

10 voluntary guidelines and annotated list of information 

11 technology standards shall require approval of at least 75 

12 percent (at least 15) of the 19 members of the commis13 sion. 

14 (d) ESTABLISHMENT OF TECHNICAL PANEL.—Not 

15 later than 1 month after the Commission’s first meeting, 

16 it shall appoint and convene a panel of 12 technical ex17 perts, each of whom shall have extensive, demonstrated 

18 technical experience in developing, researching, or imple19 menting accessible postsecondary electronic instructional 

20 materials or related technologies. The commission has dis21 cretion to determine a process for nominating, vetting, and 

22 confirming a panel of experts that fairly represents the 

23 stakeholder communities on the commission. The technical 

24 panel shall include a representative from the United 

25 States Access Board. 


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1 SEC. 4. PERIODIC REVIEW AND REVISION OF VOLUNTARY 

2 GUIDELINES. 

3 Not later than 5 years after issuance of the voluntary 

4 guidelines and annotated list of information technology 

5 standards described in subsections (a) and (b) of section 

6 3, and every 5 years thereafter, the Secretary of Edu7 cation shall publish a notice in the Federal Register re8 questing public comment about whether there is a need 

9 to reconstitute the commission to update the voluntary 

10 guidelines and annotated list of information technology 

11 standards to reflect technological advances, changes in 

12 postsecondary electronic instructional materials and re13 lated technologies, or updated national and international 

14 accessibility standards. The Secretary shall submit a re15 port to Congress summarizing the public comments and 

16 presenting the Secretary’s decision on whether to reconsti17 tute the commission based on those comments. If the Sec18 retary decides to reconstitute the commission, the Sec19 retary may implement that decision 30 days after the date 

20 on which the report was submitted to Congress. That 

21 process shall begin with the Secretary requesting the ap22 pointment of commission members as detailed in section 

23 2(a)(2)(B). 

24 SEC. 5. SAFE HARBOR PROTECTIONS. 

25 The following defenses from liability may be asserted 

26 with respect to claims regarding the use of postsecondary 


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1 instructional materials and related technologies arising 

2 under section 504 of the Rehabilitation Act of 1973 (29 

3 U.S.C. 794) and titles II and III of the Americans with 

4 Disabilities Act of 1990 (42 U.S.C. 12131 et seq. and 

5 12181 et seq.), subject to the judicial review afforded 

6 under those Acts and without limiting any other defenses 

7 provided under those Acts: 

8 (1) SAFE HARBOR FOR CONFORMING POSTSEC9 ONDARY ELECTRONIC INSTRUCTIONAL MATERIALS

10 AND RELATED TECHNOLOGIES.—An institution of 

11 higher education that requires, provides, or both rec12 ommends and provides, postsecondary electronic in13 structional materials or related technologies that 

14 conform to the voluntary guidelines shall be deemed 

15 in compliance with, and qualify for a safe harbor 

16 from liability in relation to, its obligations under sec17 tion 504 of the Rehabilitation Act of 1973 (29 

18 U.S.C. 794) and titles II and III of the Americans 

19 with Disabilities Act (42 U.S.C. 12131 et seq.; 42 

20 U.S.C. 12181 et seq.) with respect to its selection of 

21 such materials or technologies. 

22 (2) LIMITED SAFE HARBOR FOR NONCON23 FORMING POSTSECONDARY ELECTRONIC INSTRUC24 TIONAL MATERIALS OR RELATED TECHNOLOGIES.— 

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1 vides, or both recommends and provides, postsec2 ondary electronic instructional materials or related 

3 technologies that do not fully conform with the vol4 untary guidelines, but which institution otherwise 

5 complies with all requirements set forth in subpara6 graphs (A), (B), and (C), will qualify for a limited 

7 safe harbor from monetary damages under section 

8 504 of the Rehabilitation Act of 1973 (29 U.S.C. 

9 794) and titles II and III of the Americans with 

10 Disabilities Act (42 U.S.C. 12131 et seq.; 42 U.S.C. 

11 12181 et seq.), with available remedies under section 

12 505 of the Rehabilitation Act of 1973 (29 U.S.C. 

13 794a), section 103 of the Americans with Disabil14 ities Act of 1990 (42 U.S.C. 12133), and section 

15 308 of such Act (42 U.S.C. 12188) limited to de16 claratory and injunctive relief, and for a prevailing 

17 party other than the United States, a reasonable at18 torney’s fee, if the institution— 

19 (A) documented its efforts to incorporate 

20 and use the voluntary guidelines in its policies 

21 and practices regarding its selection or procure22 ment of postsecondary electronic instructional 

23 materials and related technologies. These ef24 forts may include establishment of a written 

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1 untary guidelines, identifying the official(s) au2 thorized to approve the selection of noncon3 forming postsecondary electronic instructional 

4 materials or related technologies, and proce5 dures used by the official(s) when making such 

6 authorizations; 

7 (B) documented instances where noncon8 forming postsecondary electronic instructional 

9 materials or related technologies are selected or 

10 procured, including an explanation of— 

11 (i) the process utilized for identifying 

12 accessible options in the marketplace; 

13 (ii) the options considered, if any are 

14 available; 

15 (iii) the choice the institution ulti16 mately made and why; 

17 (iv) what auxiliary aid or service, rea18 sonable modification, or other method the 

19 institution will utilize to ensure that af20 fected students within categories of dis21 ability are afforded the rights to which 

22 they are entitled under section 504 of the 

23 Rehabilitation Act of 1973 (29 U.S.C. 

24 794) and titles II and III of the Americans 

25 with Disabilities Act (42 U.S.C. 12131 et 


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1 seq.; 42 U.S.C. 12181 et seq.), including 

2 an equally effective opportunity to receive 

3 the same educational benefit as afforded to 

4 nondisabled students; and 

5 (v) where a student or students with 

6 disabilities are affected by nonconforming 

7 instructional materials or related tech8 nologies, what auxiliary aid or service, rea9 sonable modification, or other method the 

10 institution is using to ensure the student 

11 or students are afforded the rights de12 scribed in clause (iv); and 

13 (C) posted a link to an accessible copy of 

14 the voluntary guidelines and annotated list of 

15 information technology standards on a publicly 

16 available page of its website. 

17 SEC. 6. CONSTRUCTION. 

18 (a) NONCONFORMING POSTSECONDARY ELECTRONIC

19 INSTRUCTIONAL MATERIALS OR RELATED TECH20 NOLOGIES.—Nothing in this Act shall be construed to re21 quire an institution of higher education to require, pro22 vide, or both recommend and provide, postsecondary elec23 tronic instructional materials or related technologies that 

24 conform to the voluntary guidelines. However, an institu25 tion that selects or uses nonconforming postsecondary 


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1 electronic instructional materials or related technologies 

2 must otherwise comply with existing obligations under sec3 tion 504 of the Rehabilitation Act of 1973 (29 U.S.C. 

4 794) and titles II and III of the Americans with Disabil5 ities Act (42 U.S.C. 12131 et seq.; 42 U.S.C. 12181 et 

6 seq.) to provide access to the educational benefit afforded 

7 by such materials and technologies through provision of 

8 appropriate and reasonable modification, accommodation, 

9 and auxiliary aids or services. 

10 (b) RELATIONSHIP TO EXISTING LAWS AND REGU11 LATIONS.—With respect to the Americans with Disabil12 ities Act of 1990 (42 U.S.C. 12101 et seq.) and the Reha13 bilitation Act of 1973 (29 U.S.C. 701 et seq.), except as 

14 provided in section 5, nothing in this Act may be con15 strued— 

16 (1) to authorize or require conduct prohibited 

17 under the Americans with Disabilities Act of 1990 

18 and the Rehabilitation Act of 1973, including the 

19 regulations issued pursuant to those laws; 

20 (2) to expand, limit, or alter the remedies or de21 fenses under the Americans with Disabilities Act of 

22 1990 and the Rehabilitation Act of 1973; 

23 (3) to supersede, restrict, or limit the applica24 tion of the Americans with Disabilities Act of 1990 

25 and the Rehabilitation Act of 1973; or 


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1 (4) to limit the authority of Federal agencies to 

2 issue regulations pursuant to the Americans with 

3 Disabilities Act of 1990 and the Rehabilitation Act 

4 of 1973. 

5 (c) VOLUNTARY NATURE OF THE PRODUCTS OF THE

6 COMMISSION.— 

7 (1) VOLUNTARY GUIDELINES.—It is the intent 

8 of the Congress that use of the voluntary guidelines 

9 developed pursuant to this Act is and should remain 

10 voluntary. The voluntary guidelines shall not confer 

11 any rights or impose any obligations on commission 

12 participants, institutions of higher education, or 

13 other persons, except for the legal protections set 

14 forth in section 5. Thus, no department or agency 

15 of the Federal Government may incorporate the vol16 untary guidelines, whether produced as a discrete 

17 document or electronic resource, into regulations 

18 promulgated under the Rehabilitation Act, the 

19 Americans with Disabilities Act, or any other Fed20 eral law or instrument. This restriction applies only 

21 to the voluntary guidelines as a discrete document or 

22 resource; it imposes no limitation on Federal use of 

23 standards or resources to which the voluntary guide24 lines may refer. 


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1 (2) ANNOTATED LIST.—It is the intent of Con2 gress that use of the annotated list of information 

3 technology standards developed pursuant to this Act 

4 is and should remain voluntary. The Annotated List 

5 shall not confer any rights or impose any obligations 

6 on Commission participants, institutions of higher 

7 education, or other persons. Thus, no department or 

8 agency of the Federal Government may incorporate 

9 the Annotated List, whether produced as a discrete 

10 document or electronic resource into regulations pro11 mulgated under the Rehabilitation Act, the Ameri12 cans with Disabilities Act, or any other Federal law 

13 or instrument. This provision applies only to the An14 notated List as a discrete document or resource; it 

15 imposes no limitation on Federal use of standards or 

16 resources to which the Annotated List may refer. 

17 SEC. 7. DEFINITIONS. 

18 In this Act the following definitions apply: 

19 (1) ANNOTATED LIST OF INFORMATION TECH20 NOLOGY STANDARDS.—The term ‘‘annotated list of 

21 information technology standards’’ means a list of 

22 existing national and international accessibility 

23 standards relevant to student use of postsecondary 

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1 nology common to institutions of higher education 

2 (such as institutional websites and class registration 

3 systems), annotated by the commission established 

4 pursuant to section 2 to provide information about 

5 the applicability of such standards in higher edu6 cation settings. The annotated list of information 

7 technology standards is intended to serve solely as a 

8 reference tool to inform any consideration of the rel9 evance of such standards in higher education con10 texts. 

11 (2) DISABILITY.—The term ‘‘disability’’ has the 

12 meaning given such term in section 3 of the Ameri13 cans with Disabilities Act of 1990 (42 U.S.C. 

14 12102). 

15 (3) INSTITUTION OF HIGHER EDUCATION.—The 

16 term ‘‘institution of higher education’’ has the 

17 meaning given such term in section 101 of the High18 er Education Act of 1965 (20 U.S.C. 1001). 

19 (4) NONCONFORMING POSTSECONDARY ELEC20 TRONIC INSTRUCTIONAL MATERIALS OR RELATED

21 TECHNOLOGIES.—The term ‘‘nonconforming mate22 rials or related technologies’’ means postsecondary 

23 electronic instructional materials or related tech24 nologies that do not conform to the voluntary guide25 lines to be developed pursuant to this Act. 


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1 (5) POSTSECONDARY ELECTRONIC INSTRUC2 TIONAL MATERIALS.—The term ‘‘postsecondary elec3 tronic instructional materials’’ means digital cur4 ricular content that is required, provided, or both 

5 recommended and provided by an institution of high6 er education for use in a postsecondary instructional 

7 program. 

8 (6) RELATED TECHNOLOGIES.—The term ‘‘re9 lated technologies’’ refers to any software, applica10 tions, learning management or content management 

11 systems, and hardware that an institution of higher 

12 education requires, provides, or both recommends 

13 and provides for student access to and use of post14 secondary electronic instructional materials in a 

15 postsecondary instructional program. 

16 (7) TECHNICAL PANEL.—The term ‘‘technical 

17 panel’’ means a group of experts with extensive, 

18 demonstrated technical experience in the develop19 ment and implementation of accessibility features for 

20 postsecondary electronic instructional materials and 

21 related technologies, established by the Commission 

22 pursuant to section 3(d), which will assist the com23 mission in the development of the voluntary guide24 lines and annotated list of information technology 

25 standards authorized under this Act. 


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1 (8) VOLUNTARY GUIDELINES.—The term ‘‘vol2 untary guidelines’’ means a set of technical and 

3 functional performance criteria to be developed by 

4 the commission established pursuant to section 2 

5 that provide specific guidance regarding both the ac6 cessibility and pedagogical functionality of postsec7 ondary electronic instructional materials and related 

8 technologies not addressed, or not adequately ad9 dressed, by existing accessibility standards. 

Æ 


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