[Dtb-talk] Proposed Legislation in House of Representatives, Higher Education Text Book Accessibility

Thu Aug 23 12:02:35 CDT 2007

[Discussion Draft]
[DISCUSSION DRAFT]
110TH CONGRESS
1ST SESSION H. R

To improve access to printed and electronic textbooks for higher education
students and faculty members who are blind or unable to read printed
texts due to disability, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

Mr. GRIJALVA introduced the following bill; which was referred to the
Committee on ________________________l
A BILL

To improve access to printed and electronic 
textbooks for higher education students and 
faculty members who are blind or unable to read 
printed texts due to disability, 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 ‘‘Higher Education Textbook Access Act of 2007’’.

SEC. 2. PURPOSE.
The purpose of this Act is to improve access to 
printed and electronic textbooks for higher 
education students and faculty members who are 
blind or unable to read printed texts due to 
disability, through creation of a coordinated and 
efficient system that facilitates secure 
distribution of electronic text editions prepared 
in a standard  format suitable for reproduction in specialized formats.

SEC. 3. TECHNICAL STANDARDS.
(a)  STANDARDS.

(1) PUBLICATION.The Secretary of Education shall 
publish in the Federal Register technical 
standards to be known as the Higher Education Textbook Access Standards
(A)  as a proposed rule, not later than 180 days 
after the date of enactment of this Act; and

(B)  as a final rule, not later than 270 days 
after the date of enactment of this Act.

           (2) PUBLIC COMMENT.The Secretary 
shall provide an opportunity for the submission 
of comments by the public regarding a proposed 
rule prior to publication under paragraph (1)(B) of a final rule.

           (3) CONTENTS.The Higher Education Textbook Access Standard shall

(A)  define the specific technical parameters of 
the national electronic file format to be used by 
publishers of textbooks in the preparation of 
electronic files suitable for efficient representation in specialized formats;

(B)  be consistent with and based on the National 
Instructional Materials Accessibility Standard 
required pursuant to section 674(e)(3)(B) of the 
Individuals with Disabilities Education Act (20 U.S.C. 1474(e)(3)(B)); and

(C)  assure that files created in 
accordance  with the standard are accessible to 
and usable 13 by qualified students and faculty in higher education.

(b)  REVIEW AND AMENDMENT.The Secretary, with 
the advice of technical experts in electronic 
file standards, shall periodically review, and as 
appropriate, amend the technical standards 
prescribed under subsection (a) to reflect technological advances or changes.

SEC. 4. PUBLISHER REQUIREMENTS.
(a)         ELECTRONIC FILE STANDARD 
REQUIRED.Within two years of the date of 
enactment of this Act, publishers of printed and 
electronic textbooks made available for use in 
higher education shall furnish an electronic copy 
of each new edition of every textbook, in 
accordance with the standard prescribed under 
section 3, to the National Higher Education 
Textbook Access Center (the 3 Center) established pursuant to section 5.

(b)         EXEMPTED MATERIALS.Any edition of 
any 5 textbook made available for use by students 
and faculty in higher education on a date prior 
to two years following the date of enactment of 
this Act need not be provided to the Center as 
otherwise required by subsection (a).

SEC. 5. NATIONAL HIGHER EDUCATION TEXTBOOK ACCESS CENTER.
(a)  ESTABLISHMENT.Not later than one year after 
the date of enactment of this Act, the Secretary 
shall establish a center to be known as the 
National Higher Education Textbook Access Center, 
which shall coordinate acquisition and 
distribution of textbooks used in higher 
education in the electronic file format standard 
prescribed  under section 3(a).

(b)  DUTIES.The Center shall have the following duties:

(1)  Determine that individuals who receive 
accessible textbooks from the Center are eligible 
to receive reproductions of nondramatic literary 
works in specialized formats for blind and 
disabled individuals in accordance with section 
121 of title 17, United States Code, and those 
eligible to receive higher education textbooks include

(A)  blind persons whose visual acuity, as 
determined by competent authority, is 20/200 or 
less in the better eye with correcting lenses, or 
whose widest diameter of visual field subtends an 
angular distance no greater than 20 degrees;

(B)  persons whose visual disability, with 
correction and regardless of optical measurement, 
is certified by competent authority as preventing 
the reading of standard printed material;

(C)   persons certified by competent authority as 
unable to read or unable to use standard printed 
material as a result of physical limitations; or
(D)  persons certified by competent authority as 
having a reading disability resulting from 
organic dysfunction and of sufficient severity to 
prevent their reading printed material in a normal manner.

(2)         Receive textbooks under section 4(a) 
in the national electronic file format prescribed 
under section 3(a) and provide these materials to eligible individuals.

(3)         Provide copyright-protected 
electronic editions of textbooks in xthe standard 
prescribed under section 3 when an eligible 
student or instructor requests such edition and 
provides either proof of purchase of the standard 
print edition or proof of lawful possession from the publisher of such edition.

(4)      Develop and publish procedures the 
Center will use for submission, cataloging, 
retrieval, and distribution of accessible textbooks.

(5)         Develop, adopt, and publish 
procedures to protect against copyright 
infringement and otherwise to administratively 
assure compliance with title 17, United States 
Code, with respect to the instructional materials provided under this Act.

           (c) OPERATION.To assist in carrying 
out subsection (a), the Secretary shall award, on 
a competitive 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 
subsection (b).  The contractor shall report to 
whomever the Secretary designates for this purpose.

(d) AUTHORIZATION OF APPROPRIATIONS.There is 
authorized to be appropriated for the 
establishment of the National Higher Education 
Textbook Access Center $1,000,000 for fiscal year 
2008, and such sums as may be necessary for 
continuing operation of the Center for succeeding fiscal years.
SEC. 6. ENFORCEMENT.
           (a) CAUSE OF ACTION.A student 
enrolled in an institution of higher education or 
an instructor employed by such an institution who 
contends that there has been a violation of this 
Act has the right to pursue a private right of 
action in any State court of competent 
jurisdiction or in a district court of the United 
States of competent jurisdiction without regard 
to the amount in controversy within 2 years of the alleged violation.

           (b) STANDING OF 
ORGANIZATIONS.Organizations representing the 
interests of persons who are blind or who have 
other disabilities shall have standing to assert 
any right afforded under this Act and shall be 
subject to the same requirements and terms as a student.

(c) AVAILABLE REMEDIES.A prevailing plaintiff 
shall be entitled to injunctive relief and 
reasonable attorney fees and costs. No other type 
of monetary damages shall be available.

SEC. 7. RELATIONSHIP TO SECTION 121 OF THE COPYRIGHT ACT.
A publisher that provides texts to the National 
Higher Education Textbook Access Center in the 
National Higher Education Access Standard 
prescribed under section 3(a), shall, for such 
purposes, be considered an authorized entity 
within the meaning of section 121 of title 17, United States Code.

SEC. 8. PREEMPTION OF INCONSISTENT STATE REQUIREMENTS.
This Act supersedes any inconsistent requirements 
in the laws or regulations of any State, with 
respect to publishers providing textbooks in the 
form of electronic files intended for conversion 
into specialized formats to be used by blind or 
other persons with print disabilities in higher education.

SEC. 9. DEFINITIONS.
In this Act:

(1) The term ‘‘print disability’’ means, with 
respect to a student or instructor in higher 
education eligibility or qualification under the 
Act of March 3, 1931, entitled ‘‘An Act to 
Provide Books for the Adult Blind’’ (2 U.S.C. 
135a), to receive books and other publications produced in specialized formats.

(2) The term ‘‘textbooks’’ means printed or 
electronic-publisher-produced materials developed 
primarily for use in higher education and 
designated by a course instructor or institution 
of higher education as necessary for a particular course of study.

(3) The term ‘‘Center’’ means the National Higher 
Education Textbook Access Center established by the Secretary under section 5.

(4) The term ‘‘Secretary’’ means the Secretary of Education.

(5) The term ‘‘specialized format’’ means 
Braille, synthesized speech, digital text, or digital audio.

David Andrews and white cane Harry.