I
107TH CONGRESS
2D SESSION
H. R. 4582
To improve access to printed instructional materials used by blind or other
persons with print disabilities in elementary and secondary schools, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 24, 2002
Mr. PETRI (for himself, Mr. GEORGE MILLER of California, Mrs. ROUKEMA,
Mr. KILDEE, Mr. GREENWOOD, Mr. TIERNEY, Mr. KIND, Mr. PLATTS,
Mr. KUCINICH, Mrs. DAVIS of California, Mr. LEACH, Mr. FROST, Mr.
KLECZKA, Mr. SMITH of Washington, Mr. NUSSLE, Mr. GREEN of Texas,
Mr. BOSWELL, Mr. GANSKE, Mr. TURNER, Mr. SCHIFF, Mr. HORN, Mr.
MURTHA, Mr. BARRETT of Wisconsin, Mrs. MORELLA, Mr. ABER-
CROMBIE, Mr. MORAN of Virginia, Mr. COOKSEY, Mr. BROWN of Ohio,
Mr. LEWIS of Georgia, Mr. FRANK, Mr. FATTAH, Ms. KAPTUR, Ms.
SCHAKOWSKY, Mr. SHAYS, Mr. WAXMAN, Mr. GREEN of Wisconsin, Mr.
MATHESON, Mr. LATOURETTE, Mr. MCDERMOTT, Mr. BALDACCI, Mr.
SANDERS, and Mr. VITTER) introduced the following bill; which was re-
ferred to the Committee on Education and the Workforce
A BILL
To improve access to printed instructional materials used
by blind or other persons with print disabilities in ele-
mentary and secondary schools, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Instructional Materials
Accessibility Act of 2002’’.
SEC. 2. PURPOSE.
The purpose of this Act is to improve access to print-
ed instructional materials used by blind persons, or other
persons with print disabilities, in elementary schools and
secondary schools through the creation of a coordinated
and efficient system for acquisition and distribution of in-
structional materials in the form of electronic files suitable
for conversion into a variety of specialized formats.
SEC. 3. TECHNICAL STANDARDS.
(a) STANDARDS.—
(1) PUBLICATION.—The Secretary of Edu-
cation, in consultation with the National Institute of
Standards and Technology of the Department of
Commerce, shall publish in the Federal Register
technical standards, to be known as the Instruc-
tional Materials Accessibility Standards—
(A) as a proposed rule, not later than 270
days after the date of enactment of this Act;
and
(B) as a final rule, not later than 360 days
after the date of enactment of this Act.
(2) PUBLIC
COMMENT.—The Secretary shall
provide an opportunity for the submission by the
public of comments regarding a proposed rule for at
least 30 days before publication under paragraph
(1)(B) of a final rule.
(3) CONTENTS.—The Instructional Materials
Accessibility Standards shall—
(A) define the specific technical parameters
of the national electronic file format to be used
by publishers of instructional materials in the
preparation of electronic files suitable for effi-
cient conversion into specialized formats; and
(B) be consistent with and based upon ex-
isting and emerging standards relating to elec-
tronic publishing and translation technology
used to produce specialized formats.
(b) ADVISORY COMMITTEE.—
(1) ESTABLISHMENT.—In developing the In-
structional Materials Accessibility Standards under
subsection (a), the Secretary shall, in consultation
with the National Institute of Standards and Tech-
nology and not later than 90 days after the date of
enactment of this Act, establish an advisory com-
mittee, to be known as the National Instructional
Materials Accessibility Advisory Committee, which
shall provide technical expertise and guidance to the
Secretary for the creation of the national electronic
file format.
(2) MEMBERS.—The Committee shall consist of
individuals who shall include at least one and not
more than two representatives of each of the fol-
lowing:
(A) Publishers of instructional materials.
(B) Producers of adaptive technology.
(C) Producers of materials in specialized
formats.
(D) Organizations for blind consumers.
(E) Special education programs.
(F) Developers of accessibility and pub-
lishing software and supporting technologies.
(G) Information technology standards or-
ganizations.
(H) Instructional materials resource cen-
ters with substantial experience in file format
preparation and automated conversion tech-
nology.
(I) Any other organization or interest that
the Secretary determines to be appropriate.
(c) REVIEW AND AMENDMENT.—The Secretary, in
consultation with the National Institute of Standards and
Technology and the National Instructional Materials Ac-
under section 3(a). The contract shall be entered
into and take effect not later than 3 years after the
date of enactment of this Act.
(2) CONTENTS OF CONTRACTS.—A contract de-
scribed in paragraph (1) shall also provide for the
following:
(A) PUPIL EDITIONS.—Not later than 30
days after the date of ratification of the con-
tract, the publisher will transmit to the Na-
tional Instructional Materials Access Center
electronic files prepared in the national elec-
tronic file format prescribed under section 3(a)
that correspond to the most recent pupil edition
of the materials covered under the contract that
is in print on the date of ratification of the con-
tract, along with a print copy of such materials.
If the most current pupil edition of such in-
structional materials in print on the date of
ratification of the contract is, or will be, altered
prior to the use of the materials in the class-
room or if no such edition exists on such date,
the publisher will, by a date specified in the
contract, transmit to the Center—
(i) electronic files containing a com-
plete record of corrections and changes
made to such instructional materials; or
(ii) electronic files prepared in the na-
tional electronic file format prescribed
under section 3(a) that correspond to the
pupil edition of such instructional mate-
rials that will be used in the classroom.
(B) TEACHER EDITIONS.—Not later than
30 days after receipt of a request from the Na-
tional Instructional Materials Access Center
made on behalf of a teacher, the publisher will
transmit to the Center electronic files prepared
in the national electronic file format prescribed
under section 3(a) that correspond to the teach-
er edition of the requested instructional mate-
rials covered under the contract, if the request
includes—
(i) a specific description of the in-
structional materials needed by the teacher
(including, if applicable, an International
Standard Book Number (ISBN)); and
(ii) a certification that the teacher is
blind or has a print disability.
(c) PREEMPTION
OF INCONSISTENT STATE
AND
LOCAL REQUIREMENTS.—Except as provided in sub-
section (d), subsection (b) supersedes any inconsistent re-
quirements in the laws or regulations of any State or local
government, with respect to publishers providing instruc-
tional materials in the form of electronic files intended for
conversion into specialized formats to be used by blind or
other persons with print disabilities.
(d) RIGHT OF CONTRACT.—Notwithstanding the re-
quirements of this section, nothing in this Act may be con-
strued to impair the right of any State educational agency
or local educational agency to enter into a contract with
any publisher of instructional materials for the purpose
of directly obtaining from such publisher copies of elec-
tronic files prepared and transmitted in accordance with
this section.
SEC. 5. NATIONAL INSTRUCTIONAL MATERIALS ACCESS
CENTER.
(a) ESTABLISHMENT.—Not later than 2 years after
the date of enactment of this Act, the Secretary shall es-
tablish a center, to be known as the National Instructional
Materials Access Center, which shall coordinate the acqui-
sition and distribution of instructional materials in the na-
tional electronic file format prescribed under section 3(a).
(b) RESPONSIBILITIES.—The duties of the Center are
the following:
(1) To monitor the needs of State educational
agencies and local educational agencies for instruc-
tional materials in specialized formats and to take
appropriate administrative steps to assist such agen-
cies in ensuring that instructional materials in the
form of electronic files are submitted by publishers
to the Center under section 4(b).
(2) To receive instructional materials under sec-
tion 4(b) in the national electronic file format pre-
scribed under section 3(a) and to provide authorized
entities with access to such files, free of charge.
(3) To verify the receipt and compliance of the
materials received under section 4(b) with the na-
tional electronic file format prescribed under section
3(a).
(4) To prescribe and publish policies and guide-
lines which the Center will use for the submission,
cataloging, retrieval, and distribution of instructional
materials in the national electronic file format pre-
scribed under section 3(a).
(5) To prescribe and publish terms and proce-
dures for approval of authorized entities registering
with the Center to obtain access to the instructional
materials in the national electronic file format pre-
scribed under section 3(a).
(6) To provide access to the materials received
under section 4(b) to authorized entities and to co-
ordinate, as appropriate, with other programs pro-
viding access to instructional materials in specialized
formats.
(7) To take such administrative steps as may
be needed to coordinate the efficient acquisition and
distribution of instructional materials in the national
electronic file format prescribed under section 3(a).
(8) Promptly to forward to the appropriate
publisher of instructional materials a request made
under section 4(b)(2)(B) received for materials need-
ed for a teacher.
(9) To develop, adopt, and publish procedures
to protect against copyright infringement and other-
wise to administratively assure compliance with title
17, United States Code, with respect to the instruc-
tional materials provided under this Act.
(c) CONTRACT AUTHORIZED.—To assist in carrying
out subsection (a), the Secretary shall award, on a com-
petitive basis, a contract renewable on a biannual basis
with a nonprofit organization, or with a consortium of
such organizations, determined by the Secretary to be best
qualified to carry out the responsibilities described in sub-
section (b). The contractor shall report directly to the As-
sistant Secretary for Special Education and Rehabilitative
Services of the Department of Education.
SEC. 6. GRANTS FOR CAPACITY BUILDING.
(a) AUTHORITY TO AWARD GRANTS.—The Secretary
may award grants to the eligible entities under subsection
(b) (or a consortium of such entities) to provide or improve
the capacity of such entities to prepare or obtain instruc-
tional materials in specialized formats (including the na-
tional electronic format prescribed under section 3(a)).
(b) ELIGIBLE ENTITIES.—The following are entities
eligible for a grant under this section:
(1) State educational agencies.
(2) Regional consortia of State educational
agencies.
(3) Local educational agencies.
(4) Nonprofit organizations the primary mission
of which is to provide specialized services relating to
training, education, or adaptive reading or the infor-
mation access needs of blind persons or other per-
sons with print disabilities.
(c) APPLICATION.—An eligible entity that desires to
receive a grant under this section shall submit an applica-
tion to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
The application shall include each of the following:
(1) A description of the entity’s current capac-
ity to prepare instructional materials in specialized
formats.
(2) The entity’s assessment of needs to be met
within the geographic area to be served.
(3) A plan for working with other similar enti-
ties in order to ensure a coordinated approach in
meeting such needs.
(4) A description of proposed training of tran-
scribers and others who prepare instructional mate-
rials in specialized formats and, if appropriate, spec-
ification of the technology to be obtained and used
in the program.
(5) An assurance that the entity is, and shall
remain, in compliance with the provisions of section
121 of title 17, United States Code, regarding the
reproduction and distribution of copyrighted instruc-
tional materials in specialized formats.
(d) PROCEDURES.—The Secretary may prescribe
rules or procedures to carry out this section.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$5,000,000 for fiscal year 2003 and such sums as may
be necessary for each of fiscal years 2004 through 2007.
SEC. 7. ENFORCEMENT.
(a) RIGHTS, REMEDIES, AND PROCEDURES.—The
rights, remedies, and procedures available to children and
parents under subsections (b)(6), (e), (f), and (g) of sec-
tion 615 of the Individuals with Disabilities Education Act
(20 U.S.C. 1415) and section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) shall be the rights, remedies,
and procedures available under this Act to children and
parents aggrieved by violations of this Act by any State
educational agency or local educational agency.
(b) RULE OF CONSTRUCTION.—This Act may not be
construed to limit any right, remedy, or procedure other-
wise available under any other provision of Federal law
that provides greater or equal protection for the rights of
blind persons or other persons with print disabilities.
SEC. 8. RELATIONSHIP TO SECTION 121 OF THE COPYRIGHT
ACT.
(a) AUTHORIZED ENTITY.—A publisher that provides
instructional materials to a State educational agency or
local educational agency in the national electronic file for-
mat prescribed under section 3(a), shall, for such pur-
poses, be considered an authorized entity within the mean-
ing of section 121 of title 17, United States Code.
(b) NONINFRINGING USE.—Reproduction or distribu-
tion of instructional materials in a large print format ex-
clusively for use by blind persons, or other persons with
print disabilities, in elementary schools or secondary
schools shall be considered a noninfringing use of such
materials when conducted by an authorized entity (as that
term is defined in section 121 of title 17, United States
Code).
SEC. 9. SUPPLEMENT, NOT SUPPLANT.
Funds made available under this Act shall be used
to supplement, and not to supplant, any other Federal,
State, local, or non-Federal funds available to carry out
this Act.
SEC. 10. RESEARCH AND REPORTS.
(a) RESEARCH.—The Secretary shall conduct re-
search, directly or by grant or contract, about the effect
of this Act on the timely delivery of instructional materials
in specialized formats to students who are blind or have
other print disabilities.
(b) REPORTS.—Not later than 3 years after the date
of enactment of this Act, and biennially thereafter, the
Secretary shall submit to the appropriate committees of
Congress a report containing the results of the research
described in subsection (a) and additionally, at a min-
imum, the following information:
(1) The number of students directly affected by
this Act.
(2) The annual cost incurred to carry out this
Act by the Federal Government, State governments,
and nonprofit entities that may be involved in ad-
ministering this Act.
(3) The financial and in-kind contributions of
State and local governments, and private nonprofit
and for-profit entities, to activities conducted under
this Act.
(4) Changes in the percentage of individuals
who receive appropriate instructional materials in
specialized formats at the beginning of a school year
compared to the percentage for the beginning of the
preceding school year.
(5) Changes in the timeliness of delivery of ap-
propriate instructional materials in specialized for-
mats from the beginning of one school year to the
beginning of the next school year.
(6) The extent to which States and local edu-
cational agencies have been able to satisfy require-
ments of compliance agreements or take other cor-
rective actions regarding the timely delivery of ap-
propriate instructional materials.
(7) Such other matters as the Secretary con-
siders to be relevant and appropriate.
SEC. 11. DEFINITIONS.
In this Act:
(1) The term ‘‘print disability’’ means, with re-
spect to an individual, student, or teacher, eligibility
or qualification under the Act of March 3, 1931, en-
titled ‘‘An Act to provide books for the adult blind’’
(2 U.S.C. 135a), to receive books and other publica-
tions produced in specialized formats.
(2) The term ‘‘instructional materials’’ means
printed textbooks and related core materials that are
written and published primarily for use in elemen-
tary school and secondary school instruction and are
required by a State educational agency or local edu-
cational agency for use in the classroom, including
teacher editions of such materials requested under
section 4(b)(2)(B).
(3) The term ‘‘national electronic file format’’
means a well-organized, structured, and marked-up
electronic file that is suitable for efficient conversion
into specialized formats and that is in conformance
with the technical standards prescribed under sec-
tion 3(a).
(4) The term ‘‘Center’’ means the National In-
structional Materials Access Center established by
the Secretary under section 5.
(5) The term ‘‘Secretary’’ means the Secretary
of Education.
(6) The term ‘‘specialized format’’, with respect
to instructional materials, means Braille, synthesized
speech, digital text, digital audio, or large print.
(7) The terms ‘‘State educational agency’’,
‘‘local educational agency’’, ‘‘elementary school’’,
and ‘‘secondary school’’ have the meanings given
those terms in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
SEC. 12. EFFECTIVE DATE.
This Act shall take effect upon its enactment and
shall apply to instructional materials published and copy-
righted after the date on which the technical standards
prescribed under section 3(a) take effect.
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