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 Penn-
sylvania, Mr. KINZINGER, Mr. PRICE
of North Carolina, Mr. 
KRISHNAMOORTHI, Mr. KILDEE, and Mr. THOMPSON of Mississippi) in-
troduced the following bill; which was referred to the Committee on Edu-
cation and the Workforce 
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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Accessible Instruc-
tional Materials in Higher Education Act’’ or the ‘‘AIM 
HIGH Act’’. 
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SEC. 2. COMMISSION STRUCTURE. 
(a) ESTABLISHMENT OF COMMISSION.— 
(1) IN GENERAL.—The Speaker of the House of 
Representatives, the President pro tempore of the 
Senate, and the Secretary of Education shall estab-
lish an independent commission, comprised of key 
stakeholders, to develop voluntary guidelines for ac-
cessible postsecondary electronic instructional mate-
rials and related technologies in order— 
(A) to ensure students with disabilities are 
afforded the same educational benefits provided 
to nondisabled students through the use of elec-
tronic instructional materials and related tech-
nologies; 
(B) to inform better the selection and use 
of such materials and technologies at institu-
tions of higher education; and 
(C) to encourage entities that produce such 
materials and technologies to make accessible 
versions more readily available in the market. 
In fulfilling this duty, the commission shall review 
applicable national and international information 
technology accessibility standards, which it will com-
pile and annotate as an additional information re-
source for institutions of higher education and com-
panies that service the higher education market. 
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(2) MEMBERSHIP.— 
(A) STAKEHOLDER
GROUPS.—The com-
mission shall be composed of representatives 
from the following categories: 
(i) DISABILITY.—Communities of per-
sons with disabilities for whom the accessi-
bility of postsecondary electronic instruc-
tional materials and related technologies is 
a significant factor in ensuring equal par-
ticipation in higher education, and non-
profit organizations that provide accessible 
electronic materials to these communities. 
(ii) 
HIGHER
EDUCATION.—Higher 
education leadership, which includes: uni-
versity presidents, provosts, deans, vice 
presidents, deans of libraries, chief infor-
mation officers, and other senior institu-
tional executives. 
(iii) INDUSTRY.—Relevant industry 
representatives, meaning— 
(I) developers of postsecondary 
electronic instructional materials; and 
(II) manufacturers of related 
technologies. 
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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 in-
structional materials and 1 manufacturer 
of related technologies are appointed. The 
President pro tempore shall also appoint 2 
additional members, 1 student with a dis-
ability and 1 faculty member from an insti-
tution of higher education. 
(iii) Three members, each of whom 
must possess extensive, demonstrated tech-
nical expertise in the development and im-
plementation of accessible postsecondary 
electronic instructional materials, shall be 
appointed by the Secretary of Education. 
One of these members shall represent post-
secondary students with disabilities, 1 shall 
represent higher education leadership, and 
1 shall represent developers of postsec-
ondary electronic instructional materials. 
(C) ELIGIBILITY TO SERVE ON THE COM-
MISSION.—Federal employees are ineligible for 
appointment to the commission. An appointee 
to a volunteer or advisory position with a Fed-
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eral agency or related advisory body may be ap-
pointed to the commission so long as his or her 
primary employment is with a non-Federal enti-
ty and he or she is not otherwise engaged in fi-
nancially compensated work on behalf of the 
Federal Government, exclusive of any standard 
expense reimbursement or grant-funded activi-
ties. 
(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 Gov-
ernment with regulatory or standard setting author-
ity in the areas addressed by the commission. 
(2) ADMINISTRATION.— 
(A) STAFFING.—There shall be no perma-
nent staffing for the commission. 
(B) LEADERSHIP.—Commission members 
shall elect a chairperson from among the 19 ap-
pointees to the commission. 
(C) 
ADMINISTRATIVE
SUPPORT.—The 
Commission shall be provided administrative 
support, as needed, by the Secretary of Edu-
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cation through the Office of Postsecondary 
Education of the Department of Education. 
SEC. 3. 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 it may exercise at its 
discretion, the commission established in section 2 shall— 
(1) develop and issue voluntary guidelines for 
accessible postsecondary electronic instructional ma-
terials and related technologies; and 
(2) in developing the voluntary guidelines, the 
commission shall— 
(A) establish a technical panel pursuant to 
subsection (d) to support the commission in de-
veloping the voluntary guidelines; 
(B) develop criteria for determining which 
materials and technologies constitute ‘‘postsec-
ondary electronic instructional materials’’ and 
‘‘related technologies’’ as defined in paragraphs 
(5) and (6) of section 7; 
(C) identify existing national and inter-
national accessibility standards that are rel-
evant to student use of postsecondary electronic 
instructional materials and related technologies 
at institutions of higher education; 
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(D) identify and address any unique peda-
gogical and accessibility requirements of post-
secondary electronic instructional materials and 
related technologies that are not addressed, or 
not adequately addressed, by the identified, rel-
evant existing accessibility standards; 
(E) identify those aspects of accessibility, 
and types of postsecondary instructional mate-
rials 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 commer-
cially 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 bene-
fits from particular guidelines on a cat-
egorical 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 Ameri-
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cans 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 appro-
priate, with the technical and functional per-
formance 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 de-
sign 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 instruc-
tional materials or related technologies that 
comply fully with the voluntary guidelines are 
not commercially available, or where such com-
pliance is not technically feasible, the institution 
may select the product that best meets the vol-
untary guidelines consistent with the institu-
tion’s business and pedagogical needs. 
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(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 it may exercise at its discretion, 
the commission established in section 2 shall, with the as-
sistance of the technical panel established under sub-
section (d), develop and issue an annotated list of informa-
tion technology standards. 
(c) SUPERMAJORITY APPROVAL.—Issuance of the 
voluntary guidelines and annotated list of information 
technology standards shall require approval of at least 75 
percent (at least 15) of the 19 members of the commis-
sion. 
(d) ESTABLISHMENT OF TECHNICAL PANEL.—Not 
later than 1 month after the Commission’s first meeting, 
it shall appoint and convene a panel of 12 technical ex-
perts, each of whom shall have extensive, demonstrated 
technical experience in developing, researching, or imple-
menting accessible postsecondary electronic instructional 
materials or related technologies. The commission has dis-
cretion 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. 
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SEC. 4. PERIODIC REVIEW AND REVISION OF VOLUNTARY 
GUIDELINES. 
Not later than 5 years after issuance of the voluntary 
guidelines and annotated list of information technology 
standards described in subsections (a) and (b) of section 
3, and every 5 years thereafter, the Secretary of Edu-
cation shall publish a notice in the Federal Register re-
questing public comment about whether there is a need 
to reconstitute the commission to update the voluntary 
guidelines and annotated list of information technology 
standards to reflect technological advances, changes in 
postsecondary electronic instructional materials and re-
lated technologies, or updated national and international 
accessibility standards. The Secretary shall submit a re-
port to Congress summarizing the public comments and 
presenting the Secretary’s decision on whether to reconsti-
tute the commission based on those comments. If the Sec-
retary decides to reconstitute the commission, the Sec-
retary may implement that decision 30 days after the date 
on which the report was submitted to Congress. That 
process shall begin with the Secretary requesting the ap-
pointment of commission members as detailed in section 
2(a)(2)(B). 
SEC. 5. SAFE HARBOR PROTECTIONS. 
The following defenses from liability may be asserted 
with respect to claims regarding the use of postsecondary 
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instructional materials and related technologies arising 
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 of 1990 (42 U.S.C. 12131 et seq. and 
12181 et seq.), subject to the judicial review afforded 
under those Acts and without limiting any other defenses 
provided under those Acts: 
(1) SAFE HARBOR FOR CONFORMING POSTSEC-
ONDARY
ELECTRONIC
INSTRUCTIONAL
MATERIALS 
AND
RELATED
TECHNOLOGIES.—An institution of 
higher education that requires, provides, or both rec-
ommends and provides, postsecondary electronic in-
structional materials or related technologies that 
conform to the voluntary guidelines shall be deemed 
in compliance with, and qualify for a safe harbor 
from liability in relation to, its obligations under sec-
tion 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.) with respect to its selection of 
such materials or technologies. 
(2) LIMITED
SAFE
HARBOR
FOR
NONCON-
FORMING
POSTSECONDARY
ELECTRONIC
INSTRUC-
TIONAL MATERIALS OR RELATED TECHNOLOGIES.— 
An institution of higher education that requires, pro-
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vides, or both recommends and provides, postsec-
ondary electronic instructional materials or related 
technologies that do not fully conform with the vol-
untary guidelines, but which institution otherwise 
complies with all requirements set forth in subpara-
graphs (A), (B), and (C), will qualify for a limited 
safe harbor from monetary damages 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.), with available remedies under section 
505 of the Rehabilitation Act of 1973 (29 U.S.C. 
794a), section 103 of the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12133), and section 
308 of such Act (42 U.S.C. 12188) limited to de-
claratory and injunctive relief, and for a prevailing 
party other than the United States, a reasonable at-
torney’s fee, if the institution— 
(A) documented its efforts to incorporate 
and use the voluntary guidelines in its policies 
and practices regarding its selection or procure-
ment of postsecondary electronic instructional 
materials and related technologies. These ef-
forts may include establishment of a written 
policy regarding the institution’s use of the vol-
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untary guidelines, identifying the official(s) au-
thorized to approve the selection of noncon-
forming postsecondary electronic instructional 
materials or related technologies, and proce-
dures used by the official(s) when making such 
authorizations; 
(B) documented instances where noncon-
forming postsecondary electronic instructional 
materials or related technologies are selected or 
procured, including an explanation of— 
(i) the process utilized for identifying 
accessible options in the marketplace; 
(ii) the options considered, if any are 
available; 
(iii) the choice the institution ulti-
mately made and why; 
(iv) what auxiliary aid or service, rea-
sonable modification, or other method the 
institution will utilize to ensure that af-
fected students within categories of dis-
ability are afforded the rights to which 
they are entitled 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 
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seq.; 42 U.S.C. 12181 et seq.), including 
an equally effective opportunity to receive 
the same educational benefit as afforded to 
nondisabled students; and 
(v) where a student or students with 
disabilities are affected by nonconforming 
instructional materials or related tech-
nologies, what auxiliary aid or service, rea-
sonable modification, or other method the 
institution is using to ensure the student 
or students are afforded the rights de-
scribed in clause (iv); and 
(C) posted a link to an accessible copy of 
the voluntary guidelines and annotated list of 
information technology standards on a publicly 
available page of its website. 
SEC. 6. CONSTRUCTION. 
(a) NONCONFORMING POSTSECONDARY ELECTRONIC 
INSTRUCTIONAL
MATERIALS
OR
RELATED
TECH-
NOLOGIES.—Nothing in this Act shall be construed to re-
quire an institution of higher education to require, pro-
vide, or both recommend and provide, postsecondary elec-
tronic instructional materials or related technologies that 
conform to the voluntary guidelines. However, an institu-
tion that selects or uses nonconforming postsecondary 
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electronic instructional materials or related technologies 
must otherwise comply with existing obligations under sec-
tion 504 of the Rehabilitation Act of 1973 (29 U.S.C. 
794) and titles II and III of the Americans with Disabil-
ities 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 REGU-
LATIONS.—With respect to the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12101 et seq.) and the Reha-
bilitation Act of 1973 (29 U.S.C. 701 et seq.), except as 
provided in section 5, nothing in this Act may be con-
strued— 
(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 de-
fenses under the Americans with Disabilities Act of 
1990 and the Rehabilitation Act of 1973; 
(3) to supersede, restrict, or limit the applica-
tion of the Americans with Disabilities Act of 1990 
and the Rehabilitation Act of 1973; or 
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(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.—It is the intent 
of the 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, except for the legal protections set 
forth in section 5. Thus, no department or agency 
of the Federal Government may incorporate the vol-
untary guidelines, whether produced as a discrete 
document or electronic resource, into regulations 
promulgated under the Rehabilitation Act, the 
Americans with Disabilities Act, or any other Fed-
eral law or instrument. This restriction applies only 
to the voluntary guidelines as a discrete document or 
resource; it imposes no limitation on Federal use of 
standards or resources to which the voluntary guide-
lines may refer. 
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(2) ANNOTATED LIST.—It is the intent of Con-
gress 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 pro-
mulgated under the Rehabilitation Act, the Ameri-
cans with Disabilities Act, or any other Federal law 
or instrument. This provision applies only to the An-
notated List as a discrete document or resource; it 
imposes no limitation on Federal use of standards or 
resources to which the Annotated List may refer. 
SEC. 7. DEFINITIONS. 
In this Act the following definitions apply: 
(1) ANNOTATED LIST OF INFORMATION TECH-
NOLOGY 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 tech-
nologies, and to other types of information tech-
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nology common to institutions of higher education 
(such as institutional websites and class registration 
systems), annotated by the commission established 
pursuant to section 2 to provide information about 
the applicability of such standards in higher edu-
cation settings. The annotated list of information 
technology standards is intended to serve solely as a 
reference tool to inform any consideration of the rel-
evance of such standards in higher education con-
texts. 
(2) DISABILITY.—The term ‘‘disability’’ has the 
meaning given such term in section 3 of the Ameri-
cans 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 High-
er Education Act of 1965 (20 U.S.C. 1001). 
(4) NONCONFORMING
POSTSECONDARY
ELEC-
TRONIC
INSTRUCTIONAL
MATERIALS
OR
RELATED 
TECHNOLOGIES.—The term ‘‘nonconforming mate-
rials or related technologies’’ means postsecondary 
electronic instructional materials or related tech-
nologies that do not conform to the voluntary guide-
lines to be developed pursuant to this Act. 
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(5) POSTSECONDARY
ELECTRONIC
INSTRUC-
TIONAL MATERIALS.—The term ‘‘postsecondary elec-
tronic instructional materials’’ means digital cur-
ricular content that is required, provided, or both 
recommended and provided by an institution of high-
er education for use in a postsecondary instructional 
program. 
(6) RELATED TECHNOLOGIES.—The term ‘‘re-
lated technologies’’ refers to any software, applica-
tions, 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 post-
secondary electronic instructional materials in a 
postsecondary instructional program. 
(7) TECHNICAL PANEL.—The term ‘‘technical 
panel’’ means a group of experts with extensive, 
demonstrated technical experience in the develop-
ment and implementation of accessibility features for 
postsecondary electronic instructional materials and 
related technologies, established by the Commission 
pursuant to section 3(d), which will assist the com-
mission in the development of the voluntary guide-
lines and annotated list of information technology 
standards authorized under this Act. 
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(8) VOLUNTARY GUIDELINES.—The term ‘‘vol-
untary guidelines’’ means a set of technical and 
functional performance criteria to be developed by 
the commission established pursuant to section 2 
that provide specific guidance regarding both the ac-
cessibility and pedagogical functionality of postsec-
ondary electronic instructional materials and related 
technologies not addressed, or not adequately ad-
dressed, by existing accessibility standards. 
Æ 
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