No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4858 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4858
To update the 21st Century Communications and Video Accessibility Act
of 2010.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2023
Ms. Eshoo (for herself, Ms. Norton, and Mr. Carson) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To update the 21st Century Communications and Video Accessibility Act
of 2010.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Communications,
Video, and Technology Accessibility Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--CLOSED CAPTIONING AND AUDIO DESCRIPTION
Sec. 101. Definitions.
Sec. 102. Closed captioning.
Sec. 103. Audio description.
Sec. 104. Technical and conforming amendments relating to economic
burden.
Sec. 105. American Sign Language video programming.
Sec. 106. Internet protocol closed captioning and audio description
advisory committee.
TITLE II--VIDEO PLAYBACK APPARATUSES
Sec. 201. Video playback apparatuses.
TITLE III--COMMUNICATIONS SERVICES
Sec. 301. Video conferencing.
Sec. 302. Relay services.
Sec. 303. National DeafBlind equipment distribution program.
Sec. 304. Advanced Communications Services Advisory Committee.
Sec. 305. Real-time text.
Sec. 306. Advanced communications services software.
TITLE IV--EMERGING TECHNOLOGY
Sec. 401. Emerging technology.
TITLE V--ENFORCEMENT AND REPORTING
Sec. 501. Accessibility enforcement.
Sec. 502. Reports to Congress.
TITLE I--CLOSED CAPTIONING AND AUDIO DESCRIPTION
SEC. 101. DEFINITIONS.
(a) In General.--Section 713(h) of the Communications Act of 1934
(47 U.S.C. 613(h)) is amended--
(1) in paragraph (1)--
(A) in the heading, by striking ``Video
description'' and inserting ``Audio description''; and
(B) by striking ``video description'' and inserting
``audio description'';
(2) by redesignating paragraph (2) as paragraph (6);
(3) by inserting after paragraph (1) the following:
``(2) Live programming.--The term `live programming' means
video programming published or exhibited or made available
substantially simultaneously with its performance.
``(3) Near-live programming.--The term `near-live
programming' means video programming that is not live
programming and is published or exhibited or made available not
more than 12 hours after its performance and recording.
``(4) Prerecorded programming.--The term `prerecorded
programming' means video programming that is not live
programming or near-live programming.
``(5) User-generated video.--The term `user-generated
video' means video programming that is--
``(A) made available via a service using Internet
protocol or any successor protocol;
``(B) created and added to the service by a user of
the service; and
``(C) not the subject of a contractual arrangement
between the user and the service that obliges the user
to create the programming specifically for delivery via
the service.''; and
(4) in paragraph (6), as so redesignated--
(A) by striking ``means programming'' and inserting
the following: ``--
``(A) means--
``(i) programming'';
(B) in subparagraph (A)(i), as so designated, by
striking ``, but not including'' and all that follows
and inserting ``; and''; and
(C) by adding at the end the following:
``(ii) audiovisual programming made
available via Internet protocol or any
successor protocol--
``(I) including--
``(aa) programming provided
on demand at the request of a
viewer; and
``(bb) programming streamed
live or at a prescribed time or
times to all or a subset of
viewers; and
``(II) regardless of whether or not
the programming is generally considered
comparable to programming provided by a
television broadcast station; and
``(B) does not include user-generated video unless
the user-generated video is generated by an entity that
also generates video programming that is--
``(i) not user-generated video in the
ordinary course of its business; or
``(ii) generated by an entity that earns
more than $1,000,000 in annual revenue
resulting from user-generated videos.''.
(b) Definition of ``Achievable''.--Section 716(g) of the
Communications Act of 1934 (47 U.S.C. 617(g)) is amended, in the matter
preceding paragraph (1), by striking ``section 718'' and inserting
``sections 713, 716A, and 718''.
(c) Technical and Conforming Amendments.--
(1) Repeal of definition of ``consumer generated media''.--
Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is
amended--
(A) by striking paragraph (14); and
(B) by redesignating paragraphs (15) through (59)
as paragraphs (14) through (58), respectively.
(2) Other amendments.--
(A) Section 271(c)(1)(A) of the Communications Act
of 1934 (47 U.S.C. 271(c)(1)(A)) is amended by striking
``section 3(47)(A)'' and inserting ``subparagraph (A)
of the paragraph defining that term in section 3''.
(B) Section 203(a) of the Rural Electrification Act
of 1936 (7 U.S.C. 924(a)) is amended by striking
``section 3(o)'' and inserting ``section 3''.
(C) Section 248 of the Television Broadcasting to
Cuba Act (22 U.S.C. 1465ff) is amended by striking
``section 3(c)'' each place the term appears and
inserting ``section 3''.
(d) Modernizing Title of Head of Commission.--The Communications
Act of 1934 (47 U.S.C. 151 et seq.) is amended--
(1) in section 4 (47 U.S.C. 154)--
(A) in subsection (a)--
(i) by inserting ``(1)'' after ``(a)'';
(ii) by striking ``chairman'' and inserting
``Chair''; and
(iii) by adding at the end the following:
``(2) Any reference in any law, regulation, document,
paper, or other record of the United States to the chairman or
the Chairman of the Commission shall be deemed to be a
reference to the Chair of the Commission.'';
(B) in subsection (d), by striking ``Chairman''
each place the term appears and inserting ``Chair'';
(C) in subsection (f)(2), by striking ``chairman''
each place the term appears and inserting ``Chair'';
and
(D) in subsection (g)(1), by striking ``chairman''
and inserting ``Chair'';
(2) in section 5 (47 U.S.C. 155)--
(A) in subsection (a), by striking ``chairman''
each place the term appears and inserting ``Chair'';
and
(B) in subsection (e), by striking ``Chairman''
each place the term appears and inserting ``Chair'';
(3) in section 13(c) (47 U.S.C. 163(c)), by striking
``Chairman'' and inserting ``Chair'';
(4) in section 309(j)(8)(G)(iv) (47 U.S.C.
309(j)(8)(G)(iv)), by striking ``Chairman'' and inserting
``Chair'';
(5) in section 344 (47 U.S.C. 344)--
(A) in subsection (b)(1), by striking ``Chairman''
and inserting ``Chair''; and
(B) in subsection (d), by striking ``Chairman''
each place the term appears and inserting ``Chair'';
and
(6) in section 410(c) (47 U.S.C. 410(c)), by striking
``Chairman of the Commission'' and inserting ``Chair of the
Commission''.
SEC. 102. CLOSED CAPTIONING.
(a) In General.--Section 713 of the Communications Act of 1934 (47
U.S.C. 613) is amended--
(1) by redesignating subsections (d) through (h) as
subsections (e) through (i), respectively;
(2) in subsection (c), by striking paragraphs (2) and (3)
and inserting the following:
``(2) Deadlines for programming made available using
internet protocol.--
``(A) Regulations on closed captioning on video
programming made available using internet protocol or
successor protocol.--Not later than 18 months after the
date of submission of the report to the Commission
required under section 106(f)(1) of the Communications,
Video, and Technology Accessibility Act of 2023, the
Commission shall revise its regulations to require the
provision, receipt, and display of closed captioning on
video programming made available using Internet
protocol or any successor protocol published or
exhibited after the effective date of the revised
regulations.
``(B) Schedule.--The regulations revised under this
paragraph shall include an appropriate schedule of
deadlines, the latest of which shall be not later than
6 years after the date of submission of the report to
the Commission required under section 106(f)(1) of the
Communications, Video, and Technology Accessibility Act
of 2023, for the provision, receipt, and display of
closed captioning on video programming made available
using Internet protocol or any successor protocol,
taking into account whether the programming--
``(i) is prerecorded, live, or near-live;
``(ii) has been made available to viewers
before the effective date of the revised
regulations; and
``(iii) was live or near-live at the time
it was initially made available.
``(C) Requirements for regulations.--The
regulations revised under this paragraph--
``(i) shall--
``(I) ensure that English-language
and Spanish-language video programming
first published or exhibited after the
effective date of the revised
regulations is fully accessible through
the provision of closed captions in the
original language of the audio track of
the programming;
``(II) define categories of
entities engaged in making available
video programming; and
``(III) apportion the
responsibilities for the provision,
quality, pass-through, and rendering of
closed captions among the entities
defined by the Commission under
subclause (II)--
``(aa) to ensure full
access by viewers via all
entities and combinations of
entities that make video
programming available to
viewers;
``(bb) to ensure that the
regulations can be enforced
effectively against responsible
parties; and
``(cc) to ensure that
closed caption data remains
with the video programming to
which the data is added and is
distributed in common formats
so that closed captions can be
exhibited intact by all other
entities that subsequently make
the programming available to
viewers;
``(ii) shall require that an entity engaged
in making available user-generated video,
whether or not the entity is also engaged in
making available video that is not user-
generated video, provide easy-to-use authoring
tools that--
``(I) permit users who post videos
on the entity's platform to add closed
captions; and
``(II) conspicuously prompt users
who post videos on the entity's
platform to use the tools;
``(iii) shall not distinguish between full-
length programming and video clips; and
``(iv) for the purposes of determining
closed captioning obligations under this
section and assessing compliance with the
regulations of the Commission governing the
quality of closed captioning under paragraphs
(j), (k), and (m) of section 79.1 of title 47,
Code of Federal Regulations, or any successor
regulation governing closed captioning quality,
treat any programming that was live programming
or near-live programming at the time that it
was initially made available to viewers as
prerecorded programming if it is again made
available to viewers more than 24 hours after
its initial availability.'';
(3) by inserting after subsection (c) the following:
``(d) Caption Quality Updates.--
``(1) In general.--Not later than 4 years after the date of
enactment of the Communications, Video, and Technology
Accessibility Act of 2023, the Commission shall revise its
regulations to extend the requirements for the quality of
closed captions under paragraphs (j), (k), and (m) of section
79.1 of title 47, Code of Federal Regulations, or any successor
regulation, to all programming made available via Internet
protocol or any successor protocol.
``(2) Regular updates.--Not later than 4 years after the
date of enactment of the Communications, Video, and Technology
Accessibility Act of 2023, and every 4 years thereafter, the
Commission shall--
``(A) update its regulations pertaining to the
quality of closed captions as necessary to reflect
technological and methodological advances, to the
extent deployment of such advances will improve the
quality of closed captions; and
``(B) take any action, including enforcement,
necessary to ensure compliance with its regulations
pertaining to the quality of closed captions.''; and
(4) in subsection (e), as so redesignated--
(A) in the matter preceding paragraph (1), by
striking ``subsection (b)'' and inserting ``subsections
(b) and (c)'';
(B) in paragraph (1), by striking ``the provider or
owner of such programming'' and inserting ``an entity
responsible for publishing, exhibiting, or making
available such programming''; and
(C) by striking paragraph (3) and inserting the
following:
``(3) an entity responsible for publishing, exhibiting, or
making available video programming may petition the Commission
for an exemption from the requirements of subsection (b) or
(c), and the Commission may grant the petition upon a showing
that the requirements would be economically burdensome. The
Commission shall act to grant or deny any such petition, in
whole or in part, not later than 6 months after the Commission
receives the petition, unless the Commission finds that an
extension of the 6-month period is necessary to determine
whether the requirements are economically burdensome.''.
(b) Elimination of Certain Categorical Exemptions.--Not later than
1 year after the date of enactment of this Act, the Federal
Communications Commission shall reassess the second sentence of
paragraph (a)(10) and reassess paragraph (d) of section 79.1 of title
47, Code of Federal Regulations, to eliminate categorical exemptions
that impede access to video programming, are outdated, or are no longer
warranted under subsection (e)(1) of section 713 of the Communications
Act of 1934 (47 U.S.C. 613), as so redesignated by subsection (a) of
this section.
SEC. 103. AUDIO DESCRIPTION.
(a) In General.--Subsection (g) of section 713 of the
Communications Act of 1934 (47 U.S.C. 613), as redesignated by section
102, is amended--
(1) in the heading, by striking ``Video'' and inserting
``Audio''; and
(2) by striking paragraphs (2), (3), and (4) and inserting
the following:
``(2) Revision to reinstated audio description regulations
for programming published or exhibited on television.--
``(A) In general.--Not later than 18 months after
the date of enactment of the Communications, Video, and
Technology Accessibility Act of 2023, the Commission
shall revise section 79.3 of title 47, Code of Federal
Regulations (relating to audio description of video
programming) in accordance with subparagraph (B).
``(B) Requirements.--The regulations revised under
subparagraph (A)--
``(i) shall ensure that all English-
language and Spanish-language video programming
first published or exhibited on television
after the effective date of the revised
regulations is fully accessible through the
provision of audio description in the original
language of the audio track of the programming;
``(ii) shall include an appropriate
schedule of deadlines, the latest of which
shall be not later than 6 years after the
effective date of the revised regulations, for
the provision, receipt, and performance of
audio described programming published or
exhibited on television, taking into account
whether the programming--
``(I) is prerecorded, live, or
near-live;
``(II) has been published or
exhibited prior to the effective date
of the revised regulations; and
``(III) was live or near-live at
the time it was initially published or
exhibited;
``(iii) shall provide that audio described
programming published or exhibited on
television shall--
``(I) be labeled and searchable or
otherwise easily discoverable through
navigation devices, apparatuses,
applications, and other methods by
which the programming is published or
exhibited; and
``(II) include a recognizable tone
at the beginning of the programming on
all audio channels provided in the same
languages as the available audio
description streams to indicate that
audio description is available in those
languages;
``(iv) shall provide that audio description
of video programming published or exhibited on
television shall be made available to the
public on an audio channel solely dedicated to
audio description, so long as it is achievable
(as defined in section 716);
``(v) shall require any entity involved in
the publishing or exhibiting of audio described
programming published or exhibited on
television to provide contact information,
consistent with sections 79.1(i) and
79.4(c)(2)(iii) of title 47, Code of Federal
Regulations, or any successor regulations, for
users to report problems related to audio
description; and
``(vi) for the purposes of determining
audio description obligations under this
paragraph and assessing compliance with
regulations adopted to assess the quality of
audio description under paragraph (4), shall
treat any programming that was live or near-
live programming at the time of its initial
airing as prerecorded programming if it is re-
exhibited by an entity more than 36 hours after
its initial airing.
``(3) Audio description on video programming made available
via internet protocol.--
``(A) In general.--Not later than 2 years after the
date of submission of the report to the Commission
required under subsection 106(f)(2) of the
Communications, Video, and Technology Accessibility Act
of 2023, the Commission shall revise its regulations to
require the provision, receipt, and performance of
audio description on video programming made available
using Internet protocol or any successor protocol
published or exhibited after the effective date of the
revised regulations.
``(B) Requirements.--The regulations revised under
subparagraph (A)--
``(i) shall ensure that all video
programming made available using Internet
protocol or any successor protocol is fully
accessible through the provision of audio
description;
``(ii) shall include an appropriate
schedule of deadlines, the latest of which
shall be not later than 6 years after the
effective date of the revised regulations, for
the provision, receipt, and performance of
audio described programming made available
using Internet protocol or any successor
protocol, taking into account whether the
programming--
``(I) is prerecorded, live, or
near-live;
``(II) has been made available to
users prior to the effective date of
the revised regulations; and
``(III) was live or near-live at
the time it was initially made
available;
``(iii) shall--
``(I) define categories of entities
engaged in making available video
programming using Internet protocol or
any successor protocol; and
``(II) apportion the
responsibilities for the provision,
quality, pass-through, and performance
of audio description among the entities
identified by the Commission under
subclause (I)--
``(aa) to ensure full
access by viewers;
``(bb) to ensure that the
regulations can be enforced
effectively against responsible
parties; and
``(cc) to ensure that audio
description data remains with
the video programming to which
the data is added and is
distributed in common formats
so that audio description can
be exhibited intact by all
other entities that
subsequently make the
programming available to
viewers;
``(iv) shall require that an entity engaged
in making available user-generated video,
whether or not the entity is also engaged in
making available video that is not user-
generated video, provides easy-to-use authoring
tools that--
``(I) permit users who post videos
on the entity's platform to add audio
description; and
``(II) conspicuously prompt users
who post videos on the entity's
platform to use the tools;
``(v) shall provide that audio described
programming made available using Internet
protocol or any successor protocol shall--
``(I) be labeled and searchable or
otherwise easily discoverable through
navigation devices, apparatuses,
applications, and other methods on
which the programming is made
available; and
``(II) include a recognizable tone
at the beginning of the programming on
all audio channels provided in the same
languages as the available audio
description streams to indicate that
audio description is available in those
languages;
``(vi) shall provide that audio description
of video programming made available using
Internet protocol or any successor protocol
shall be provided on an audio track solely
dedicated to audio description, so long as it
is achievable (as defined in section 716);
``(vii) shall require entities engaged in
making available audio described programming
using Internet protocol or any successor
protocol to provide contact information,
consistent with sections 79.1(i) and
79.4(c)(2)(iii) of title 47, Code of Federal
Regulations, or any successor regulations, for
users to report problems related to audio
description; and
``(viii) for the purposes of determining
audio description obligations under this
paragraph and assessing compliance with
regulations adopted to assess the quality of
audio description under paragraph (4), shall
treat any programming that was live or near-
live programming at the time it was initially
made available as prerecorded programming if it
is made available by any entity more than 36
hours after it was initially made available.
``(4) Audio description quality.--
``(A) In general.--Not later than 3 years after the
date of submission of the report to the Commission
required under subsection 106(f)(2) of the
Communications, Video, and Technology Accessibility Act
of 2023, the Commission shall adopt regulations to
ensure the quality of audio description on video
programming, including video programming published or
exhibited on television or made available via Internet
protocol or any successor protocol, as necessary to
afford access to video programming that is functionally
equivalent to the access provided by the visual
components of the programming, including, to the extent
practicable, open subtitles in the same language as the
audio or in other languages if the subtitles convey
information relevant to the program that is not
conveyed in the audio of the program.
``(B) Requirements.--The regulations adopted under
subparagraph (A) shall require that audio description--
``(i) sufficiently convey key elements of
the visual component;
``(ii) be appropriately voiced, considering
whether the use of synthetic voices is
permissible and if so, under what
circumstances; and
``(iii) be appropriately edited and encoded
to ensure consistency with the editing and
encoding of the non-description audio track of
the programming.
``(5) Audio description exemptions.--Notwithstanding
paragraphs (2) and (3)--
``(A) the Commission may exempt by regulation from
the requirements under paragraphs (2) and (3) programs,
classes of programs, or services for which the
Commission has determined that the provision of audio
description would be economically burdensome to an
entity responsible for publishing or exhibiting or
making available such programming; and
``(B) an entity responsible for publishing or
exhibiting or making available video programming may
petition the Commission for an exemption from the
requirements under paragraphs (2) and (3), and the
Commission may grant the exemption upon a showing that
the requirement to include audio description would be
economically burdensome. The Commission shall act to
grant or deny any such petition, in whole or in part,
not later than 6 months after the Commission receives
the petition, unless the Commission finds that an
extension of the 6-month period is necessary to
determine whether the requirements are economically
burdensome.''.
(b) Technical and Conforming Amendments.--Title III of the
Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended--
(1) in section 303 (47 U.S.C. 303)--
(A) in subsection (u)--
(i) in paragraph (1)(B)--
(I) by striking ``video
description'' and inserting ``audio
description''; and
(II) by striking ``section 713(f)''
and inserting ``section 713(g)''; and
(ii) by moving the left margin of that
subsection and each paragraph, subparagraph,
and clause therein 2 ems to the left; and
(B) in subsection (z)(1), by striking ``video
description'' each place the term appears and inserting
``audio description''; and
(2) in section 330(b) (47 U.S.C. 330(b)), by striking
``video description'' each place the term appears and inserting
``audio description''.
SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO ECONOMIC
BURDEN.
Subsection (f) of section 713 of the Communications Act of 1934 (47
U.S.C. 613), as redesignated by section 102, is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``The term `undue burden' means''
and inserting ``For purposes of this section, the term
`economically burdensome' means'';
(B) by inserting ``or audio description'' after
``closed captions'';
(C) by striking ``this paragraph'' and inserting
``subsections (e) and (g)(5)''; and
(D) by striking ``result in an undue economic
burden'' and inserting ``be economically burdensome'';
and
(2) in paragraph (1), by inserting ``or audio description''
after ``closed captions''.
SEC. 105. AMERICAN SIGN LANGUAGE VIDEO PROGRAMMING.
Section 713 of the Communications Act of 1934 (47 U.S.C. 613) is
amended--
(1) by redesignating subsections (i) (as redesignated by
section 102) and (j) as subsections (j) and (k), respectively;
and
(2) by inserting before subsection (j), as so redesignated,
the following:
``(i) American Sign Language Interpretation of Video Programming.--
Not later than 2 years after the date of submission of the report to
the Commission required under section 106(f)(3) of the Communications,
Video, and Technology Accessibility Act of 2023, the Commission shall
prescribe regulations to--
``(1) establish uniform standards for the display and
visibility of American Sign Language interpretation where it is
provided for video programming, including standards for
ensuring that an interpreter is visible on the viewer's screen
during the programming; and
``(2) ensure that all video programming published or
exhibited on television or made available via Internet protocol
or any successor protocol that includes American Sign Language
interpretation complies with the uniform standards established
under paragraph (1) to the extent that compliance with such
standards is achievable (as defined in section 716) by each
entity responsible for delivering the programming.''.
SEC. 106. INTERNET PROTOCOL CLOSED CAPTIONING AND AUDIO DESCRIPTION
ADVISORY COMMITTEE.
(a) Definitions.--In this section:
(1) Advisory committee.--The term ``Advisory Committee''
means the Closed Captioning and Audio Description Advisory
Committee established under subsection (b).
(2) Chair.--The term ``Chair'' means the Chair of the
Commission.
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(b) Establishment.--Not later than 60 days after the date of
enactment of this Act, the Chair shall establish an advisory committee
to be known as the ``Closed Captioning and Audio Description Advisory
Committee''.
(c) Membership.--As soon as practicable after the date of enactment
of this Act, the Chair shall appoint individuals who have the technical
knowledge and engineering expertise to serve on the Advisory Committee
in the fulfillment of its duties, including the following:
(1) Representatives of entities engaged in making available
video programming Internet protocol or any successor protocol,
or a national organization or organization representing such
entities.
(2) Representatives of vendors, developers, and
manufacturers of systems, facilities, equipment, and
capabilities for the provision of video programming, including
programming delivered using Internet protocol or successor
protocols, or a national organization representing such
vendors, developers, or manufacturers.
(3) Representatives of manufacturers of consumer
electronics or information technology equipment used in the
delivery of video programming, including programming delivered
via Internet protocol or successor protocols, or a national
organization representing such manufacturers.
(4) Individuals with expertise generating user-generated
video, or a national organization representing such
individuals.
(5) Representatives of national organizations representing
accessibility advocates, including people with disabilities and
older Americans.
(6) Representatives of service agencies engaged in the
provision of captioning and audio description for video
programming, including programming delivered via Internet
protocol or successor protocols.
(7) Academic experts or representatives of research
institutes with expertise on captioning and audio description.
(8) Individuals with technical and engineering expertise,
as the Chair determines appropriate.
(d) Commission Oversight.--The Chair shall appoint a member of the
Commission's staff to moderate and direct the work of the Advisory
Committee.
(e) Technical Staff.--The Chair shall appoint a member of the
Commission's technical staff to provide technical assistance to the
Advisory Committee.
(f) Development of Recommendations.--
(1) Closed captioning report.--Not later than 1 year after
the date of the first meeting of the Advisory Committee, the
Advisory Committee shall develop and submit to the Commission a
report that includes the following:
(A) A recommended schedule of deadlines for the
provision of closed captioning on video programming
made available via Internet protocol or any successor
protocol.
(B) Identification of the protocols, technical
capabilities, and technical procedures needed to permit
responsible entities to reliably provide, receive, and
display closed captions of video programming made
available via using Internet protocol or any successor
protocol.
(C) Identification of additional protocols,
technical capabilities, and technical procedures beyond
those available as of the date of enactment of this Act
needed for the provision, receipt, and display of
closed captions of video programming made available
using Internet protocol or any successor protocol.
(D) A recommendation for technical standards to
address the protocols, capabilities, and procedures
identified under subparagraph (B).
(E) A recommendation for any regulations that may
be necessary to ensure compatibility between video
programming made available using Internet protocol or
any successor protocol and apparatuses and navigation
devices capable of receiving and displaying such
programming in order to facilitate access to closed
captions.
(F) An identification of attributes of easy-to-use
authoring tools that can be used by viewers to add
closed captions to video programming made available
using Internet protocol or any successor protocol.
(G) An identification of the categories of entities
involved in the online delivery of video programming,
along with a recommendation on how to apportion the
responsibilities for the provision, quality, pass-
through, and display of closed captions among those
entities to ensure full access by viewers.
(H) A recommendation for best practices for
ensuring that programming that was live programming or
near-live programming at the time that it was initially
made available to viewers is subsequently made
available at the level of quality required for
prerecorded programming.
(I) A recommendation for defining metrics and
thresholds to be used for measuring the accuracy,
synchronicity, completeness, and placement of closed
captions for live programming as necessary to afford
access to video programming that is functionally
equivalent to the access provided by the audio track,
with minimum thresholds that are neutral to different
modalities for creating closed captions.
(2) Audio description report.--Not later than 1 year after
the date of the first meeting of the Advisory Committee, the
Advisory Committee shall develop and submit to the Commission a
report that includes the following:
(A) A recommended schedule of deadlines for the
provision of audio description on video programming
made available using Internet protocol or any successor
protocol.
(B) Identification of the protocols, technical
capabilities, and technical procedures needed to permit
responsible entities to reliably provide, receive, and
perform audio description of video programming made
available via Internet protocol or any successor
protocol.
(C) Identification of additional protocols,
technical capabilities, and technical procedures beyond
those available as of the date of enactment of this Act
needed for the delivery of audio description of video
programming.
(D) A recommendation for technical standards to
address the protocols, capabilities, and procedures
identified under subparagraph (B).
(E) A recommendation for any regulations that may
be necessary to ensure compatibility between video
programming made available using Internet protocol or
any successor protocol and apparatuses and navigation
devices capable of receiving and displaying such
programming in order to facilitate access to audio
description.
(F) A recommendation for standards, protocols, and
procedures to ensure that audio described video
programming is labeled and searchable or otherwise
easily discoverable through navigation devices,
apparatuses, applications, and other methods on which
such programming is published or exhibited or made
available.
(G) A recommendation for the achievability of
making audio description available on a dedicated audio
channel.
(H) An identification of the categories of entities
engaged in the online delivery of video programming,
along with a recommendation on how to apportion the
responsibilities for the provision, quality, pass-
through, and performance of audio description among
those entities to ensure full access by viewers.
(I) A recommendation for defining metrics to be
used for measuring the quality of audio description as
necessary to afford access to video programming that is
functionally equivalent to the access provided
visually.
(J) An identification of easy-to-use authoring
tools that can be used by viewers to add audio
description to video programming made available via
Internet protocol or any successor protocol.
(3) American sign language video programming report.--Not
later than 180 days after the date of the first meeting of the
Advisory Committee, the Advisory Committee shall develop and
submit to the Commission a report that includes a
recommendation for standards for the display and visibility of
American Sign Language interpretation where it is provided for
video programming, including standards for ensuring that an
interpreter is visible on a viewer's screen during the
programming.
(4) Consideration of work by standards-setting
organizations.--The recommendations of the Advisory Committee
shall, insofar as possible, incorporate standards, protocols,
and procedures that have been adopted by recognized industry
standards-setting organizations for each of the purposes
described in paragraphs (1), (2), and (3).
(g) Meetings.--
(1) Initial meeting.--The initial meeting of the Advisory
Committee shall take place not later than 45 days after the
date on which the Chair has appointed all the members of the
Advisory Committee under subsection (c).
(2) Other meetings.--After the initial meeting, the
Advisory Committee shall meet at the call of the Chair.
(3) Notice; open meetings.--Any meeting held by the
Advisory Committee--
(A) shall be noticed not later than 14 days before
the meeting; and
(B) shall be open to the public.
(h) Procedural Rules.--
(1) Quorum.--The presence of one-third of the members of
the Advisory Committee shall constitute a quorum for conducting
the business of the Advisory Committee.
(2) Subcommittees.--To assist the Advisory Committee in
carrying out its functions, the Chair may establish appropriate
subcommittees composed of members of the Advisory Committee and
other subject matter experts.
(3) Additional procedural rules.--The Advisory Committee
may adopt other procedural rules as needed.
(i) Inapplicability of Federal Advisory Committee Act.--Chapter 10
of title 5, United States Code, shall not apply with respect to the
Advisory Committee or the activities of the Advisory Committee.
TITLE II--VIDEO PLAYBACK APPARATUSES
SEC. 201. VIDEO PLAYBACK APPARATUSES.
(a) In General.--Section 303 of the Communications Act of 1934 (47
U.S.C. 303) is amended--
(1) in subsection (u)--
(A) by adjusting the margins two ems to the left;
(B) in paragraph (1)(C), by striking ``visually
impaired'' and inserting ``low vision'';
(C) in paragraph (2)--
(i) by striking subparagraph (A); and
(ii) by redesignating subparagraphs (B) and
(C) as subparagraphs (A) and (B), respectively;
(2) in subsection (z)--
(A) by adjusting the margins two ems to the left;
(B) in paragraph (1), by striking ``video
description'' each place it appears and inserting
``audio description''; and
(C) in paragraph (2)--
(i) by striking ``available to'' and
inserting the following: ``available--
``(A) to'';
(ii) in subparagraph (A), as so
designated--
(I) by striking ``or render''; and
(II) by striking ``audible.'' and
inserting the following: ``audible,
which--
``(i) shall require encoding closed
captions and audio description data along with
audio and video transmission in a format that
can be adjusted and rendered by the consumer
equipment consistent with the requirements of
subsection (cc); and
``(ii) does not include merely rendering
closed captions or audio description into
visual or aural forms on the source device;
and''; and
(iii) by adding at the end the following:
``(B) to enable the activation of closed captions,
audio description, and emergency information on the
consumer equipment.''; and
(3) by striking subsections (aa) and (bb) and inserting the
following:
``(aa) Require for all digital apparatus designed to receive or
play back video programming made available simultaneously with sound,
including apparatus designed to receive or display video programming
made available using Internet protocol or any successor protocol, and
navigation devices (as defined in section 76.1200 of title 47, Code of
Federal Regulations, or any successor regulation) for the display or
selection of multichannel video programming manufactured or imported
into the United States, that each apparatus or device--
``(1) be designed, developed, and fabricated so that
control of appropriate built-in apparatus functions are
accessible to and usable by individuals with disabilities,
including individuals who are blind or low-vision, individuals
with mobility disabilities, and individuals with speech
disabilities, except that the Commission may not specify the
technical standards, protocols, procedures, and other technical
requirements for meeting this requirement;
``(2) if equipped with built-in on-screen text menus or
other visual indicators that are used to access its functions,
to accompany such functions with audio output that is either
integrated or peripheral to the apparatus or navigation device,
so that such menus or indicators are accessible to and usable
by individuals who are blind or low-vision in real-time;
``(3) provides easy access to closed captioning activation
by--
``(A) if the apparatus or device is controlled by a
physical remote control included with the apparatus or
device at the time of purchase, providing a dedicated
and tactilely identifiable button of at least similar
size to other buttons on the remote control that is--
``(i) clearly labeled for closed captions;
and
``(ii) easily locatable on the remote
control to activate and deactivate closed
captions; and
``(B) if the apparatus or device is controlled by
means other than a remote control, providing a
dedicated button, key, or icon that is prominently
displayed, clearly labeled for closed captions, and
easily locatable to activate and deactivate closed
captions;
``(4) provides easy access to audio description activation
by--
``(A) if the apparatus or device is controlled by a
physical remote control included with the apparatus or
device at the time of purchase, providing a dedicated
and tactilely identifiable button of at least similar
size to other buttons on the remote control that is--
``(i) clearly labeled for audio
description; and
``(ii) easily locatable on the remote
control to activate and deactivate audio
description; and
``(B) if the apparatus or device is controlled by
means other than a remote control, providing a
dedicated button, key, or icon that is prominently
displayed, clearly labeled for audio description, and
easily locatable to activate and deactivate audio
description;
``(5) provides easy access to closed captioning display
settings, including the technical capabilities set forth in
section 79.103(c) of title 47, Code of Federal Regulations, or
any successor regulation, and audio description performance
settings, including the capability to adjust the relative
volumes of audio description and the audio track of a program,
by--
``(A) if the apparatus or device is controlled by a
physical remote control included with the apparatus or
device at the time of purchase, providing a dedicated
and tactilely identifiable button that is prominently
displayed, clearly labeled for accessibility settings,
and easily locatable on the remote control--
``(i) to permit the user to change closed
captioning and audio description settings;
``(ii) that permits previewing the settings
while leaving the underlying programming
visible and audible; and
``(iii) that is of at least similar size to
other buttons on the remote control; and
``(B) if the apparatus or device is controlled by
means other than a remote control, providing a
dedicated button, key, or icon that is prominently
displayed, clearly labeled for accessibility settings,
and easily discoverable that--
``(i) permits the user to change closed
captioning display and audio description
performance settings; and--
``(ii) is displayed proximately to the
video playback interface; and
``(iii) permits previewing the settings
while leaving the underlying programming
visible and audible;
``(6) provides a user with a prompt to modify closed
caption activation and display settings and audio description
activation and performance settings required under paragraphs
(1) through (5) upon initial power-on after user purchase of
the apparatus or device or upon a reset to factory settings of
the apparatus or device;
``(7) ensures that closed caption activation and display
settings and audio description activation and performance
settings required under paragraphs (1) through (6) persist
across all video playback functionality on the apparatus or
device, including in applications or other software or plug-ins
added by the user after the sale of the apparatus or device,
and after powering off or restarting the apparatus or device,
until a user changes the settings or the apparatus or device is
reset to factory default settings by the user; and
``(8) provides the necessary hardware and software to
achieve compatibility with assistive technologies and services,
peripheral devices, or specialized customer premises equipment
commonly used by individuals with disabilities to achieve
access, including refreshable braille displays, switch
activation such as sip and puff devices, hearing aids, hands-
free technologies, and voice control technologies.''.
(b) Implementing Regulations.--
(1) Definition.--In this subsection, the term ``navigation
device'' has the meaning given the term in section 76.1200 of
title 47, Code of Federal Regulations, or any successor
regulation.
(2) Requirement.--Not later than 18 months after the date
of enactment of this Act, the Federal Communications Commission
shall prescribe such regulations as are necessary to implement
the amendments made by subsection (a), which shall--
(A) define categories of entities engaged in
manufacturing, importing into the United States,
maintaining, operating, or providing applications,
plugins, or other software for apparatus and navigation
devices; and
(B) apportion the responsibilities for compliance
with subsections (u), (z), and (aa) of section 303 of
the Communications Act of 1934 (47 U.S.C. 303) among
the entities defined by the Commission under paragraph
(1)--
(i) to ensure full access by viewers via
all entities and combinations of entities
responsible for digital apparatus and
navigation devices; and
(ii) to ensure that the regulations can be
enforced effectively against responsible
parties.
TITLE III--COMMUNICATIONS SERVICES
SEC. 301. VIDEO CONFERENCING.
The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended--
(1) in section 3 (47 U.S.C. 153), as amended by section
101--
(A) in paragraph (1)(D), by striking
``interoperable'';
(B) by striking paragraph (26), as so redesignated
by section 101;
(C) by redesignating paragraphs (27) through (58),
as so redesignated by section 101, as paragraphs (26)
through (57), respectively;
(D) by redesignating paragraph (57), as so
redesignated by subparagraph (C), as paragraph (60);
and
(E) by inserting after paragraph (56), as so
redesignated by subparagraph (C), the following:
``(57) Video conferencing service.--The term `video
conferencing service' means a service that provides real-time
video communications, including audio, to enable users to share
information of the user's choosing.
``(58) Visual image descriptive functionality.--The term
`visual image descriptive functionality' means functionality
that generates real-time descriptions of visual information,
including images and text, for the purpose of conveying those
descriptions to individuals with disabilities.
``(59) Visual image descriptive service.--The term `visual
image descriptive service' means a third party service that
provides visual image descriptive functionality.''; and
(2) in section 716(e) (47 U.S.C. 617(e)), by adding at the
end the following:
``(3) Revision of regulations; video conferencing
services.--Not later than 18 months after the date on which the
Advanced Communications Services Advisory Committee submits the
report required under section 304(f)(1) of the Communications,
Video, and Technology Accessibility Act of 2023, the Commission
shall revise the regulations promulgated under this subsection
to--
``(A) require that all obligations applicable to
advanced communications services, and equipment used
for advanced communications services, extend to video
conferencing services and equipment used for video
conferencing services;
``(B) require that all advanced communications
services and equipment capable of providing or enabling
video conferencing services--
``(i) have built-in closed captioning
functionality using automatic speech
recognition or similar or successor
technologies;
``(ii) to the extent technically feasible,
have built-in automated visual image
functionality;
``(iii) implement application programming
interfaces or similar technical mechanisms to
allow the interconnection of, and achieve
compatibility with, assistive technologies and
services, peripheral devices, and specialized
customer premises equipment commonly used by
individuals with disabilities to achieve
access, including--
``(I) third-party captioning
services;
``(II) third-party sign language
interpreting services;
``(III) visual image descriptive
services;
``(IV) telecommunications relay
services that have been approved by the
Commission under section 225;
``(V) screen-readers for all user
interface elements and visual
information, including presentations,
videos, and interactive documents
shared during video conference calls;
``(VI) refreshable braille displays
and other devices used for the tactile
conveyance of interface elements and
visual information, including
presentations, videos, and interactive
documents shared during video
conference calls; and
``(VII) hands-free technologies and
voice control technologies.
``(iv) enable users and telecommunications
relay service communications assistants to
control the activation and de-activation, and
customize the display, of captions, video
interpreters, and communications assistants
independently from hosts of video conferencing
sessions;
``(v) provide a simplified user interface
that is accessible to individuals with
cognitive disabilities, including, if
achievable, a simplified, secure modality for
initiating and authenticating a video
conferencing session; and
``(vi) provide instructional materials for
activating a video conferencing session with
plain and simple language and iconography that
is accessible to individuals with cognitive
disabilities;
``(C) adopt quality requirements for built-in
closed captioning functionality to facilitate effective
communication under subparagraph (B)(i); and
``(D) adopt quality requirements for built-in
automated visual image descriptive functionality to
facilitate effective communication under subparagraph
(B)(ii).''.
SEC. 302. RELAY SERVICES.
The Communications Act of 1934 (47 U.S.C. 151 et seq.), as amended
by this Act, is amended--
(1) in section 225 (47 U.S.C. 225)--
(A) in subsection (a)--
(i) by redesignating paragraphs (2) and (3)
as paragraphs (5) and (6), respectively;
(ii) by inserting after paragraph (1) the
following:
``(2) Communication facilitator.--The term `communication
facilitator' means a skilled user of American Sign Language who
is able to facilitate the ability of a DeafBlind person to
engage in transmission and other services described in this
section by conveying the information provided during the use of
those services to the DeafBlind person through close vision or
tactile American Sign Language.
``(3) Deaf interpreter.--The term `Deaf interpreter' means
an individual who--
``(A) is deaf or hard of hearing;
``(B) possesses native or near-native fluency in
American Sign Language; and
``(C) has specialized training or experience to
assist in providing functionally equivalent sign
language interpretation for an individual using
American Sign Language in a situation that--
``(i) requires linguistic or cultural
mediation;
``(ii) may be highly complex in nature; or
``(iii) may involve individuals who face
linguistic challenges, such as through atypical
language use, language deprivation, or
idiosyncratic signing styles.
``(4) Direct video calling service.--The term `direct video
calling service' means telephone customer support using one-to-
one video communication that--
``(A) is facilitated by a contact center
representative; and
``(B) enables a real-time conversation to occur
directly between not fewer than 2 parties using
American Sign Language--
``(i) not less than 1 of the parties to
which is a governmental agency, business, non-
profit organization, emergency authority, or
other enterprise; and
``(ii) not less than 1 of the parties to
which--
``(I) is deaf, hard of hearing, or
DeafBlind; or
``(II) has a speech disability or
auditory processing disorder.''; and
(iii) by striking paragraph (6), as so
redesignated, and inserting the following:
``(6) Telecommunications relay services.--The term
`telecommunications relay services' means--
``(A) transmission services that provide the
ability for an individual who is deaf, hard of hearing,
or DeafBlind, or who has a speech disability or an
auditory processing disorder, to engage in
communication by wire or radio with 1 or more
individuals, in a manner that is functionally
equivalent to (or, if technically feasible, equal to)
the ability of a hearing individual who does not have a
speech disability to communicate using voice
communication services or advanced communications
services by wire or radio; and
``(B) other services facilitating functionally
equivalent communication by wire or radio for an
individual who is deaf, hard of hearing, or DeafBlind,
or who has a speech disability or an auditory
processing disorder, including the provision of
communication facilitators for an individual who is
DeafBlind and the provision of direct video calling
services for a call center to facilitate point-to-point
communication in American Sign Language between
government agencies, businesses, emergency authorities,
or other enterprises and users of American Sign
Language.''; and
(B) in subsection (d), by adding at the end the
following:
``(4) American sign language access to emergency services;
communication facilitators; direct video calling services.--
``(A) In general.--Not later than 2 years after the
date of enactment of this paragraph, the Commission
shall promulgate such regulations as are necessary to--
``(i) define as eligible for relay service
support from the fund described in section
64.604(c)(5)(iii) of title 47, Code of Federal
Regulations, as in effect on that date of
enactment--
``(I) programs that are approved by
the Commission to support direct video
calling services;
``(II) programs that are approved
by the Commission to support the
provision of communication
facilitators;
``(III) the expenses associated
with the provision of a Deaf
interpreter when necessary to provide
functional equivalency for a party on a
call using video relay service, as
defined in section 64.601(a)(51) of
title 47, Code of Federal Regulations,
or any successor regulation;
``(IV) programs that are designed,
in accordance with subparagraph (B), to
improve access to emergency authorities
by users of video relay services and
direct video calling services to
achieve the objectives described in
clause (ii); and
``(V) expenses approved by the
Commission to interconnect with video
conferencing services;
``(ii) achieve full, equal, and direct
access to public safety answering points, as
that term is defined in section 222(h), and
other local emergency authorities, including
emergency authorities responding to wireless
calls made by dialing 9-1-1, by individuals
who--
``(I) are deaf, hard of hearing, or
DeafBlind, or who have a speech
disability or a cognitive disability;
and
``(II) use American Sign Language;
``(iii) ensure that a person can have a
single telephone number for the purpose of
receiving calls and messages from other
entities calling by means of video relay
services or voice or electronic text messaging
services; and
``(iv) ensure that all telecommunications
relay services can directly and natively
interconnect with video conferencing services
and the public switched telephone network.
``(B) Contents.--The regulations described in
subparagraph (A)(i)(IV) shall, at a minimum, require
that users communicating by means of a video relay
service, as that term is defined in section 64.601 of
title 47, Code of Federal Regulations, or any successor
regulation, shall be capable of using native dialing or
1-step access on a mobile phone so that such
communication--
``(i) includes the location information of
the user, to be transmitted and delivered
immediate and directly to the applicable
emergency authority; and
``(ii) is received by the applicable
emergency authority with the same speed and
efficiency as a voice call made by dialing 9-1-
1.
``(5) Reassessment of available services and minimum
standards.--Not later than 4 years after the date of enactment
of this paragraph, and once every 4 years thereafter, the
Commission shall, as necessary to respond to evolving
communication technologies, reassess and, as necessary, update
the regulations prescribed under this subsection to ensure that
those regulations effectively satisfy the communication needs
of individuals with disabilities who are covered by this Act,
including by--
``(A) assessing the need for new modes of
telecommunications relay services;
``(B) increasing and improving the mandatory
minimum standards to ensure the quality of
telecommunications relay services; and
``(C) assessing the impact that evolving
communication technologies have on the privacy of users
of telecommunications relay services.''; and
(2) by inserting after section 715 (47 U.S.C. 616) the
following:
``SEC. 715A. VIDEO CONFERENCING SERVICES' SUPPORT OF RELAY SERVICES.
``(a) Definition.--In this section, the term `TRS Fund' means the
fund described in 64.604(c)(5)(iii) of title 47, Code of Federal
Regulations, as in effect on the date of enactment of this section.
``(b) Requirement.--Not later than 1 year after the date of
enactment of this section, each provider of video conferencing services
shall participate in, and contribute to, the TRS Fund in a manner
prescribed by the Commission by regulation to provide for obligations
of those providers that are consistent with, and comparable to, the
obligations of other contributors to the TRS Fund.
``(c) Use of Amounts.--The Commission shall use contributions made
under subsection (b) to carry out the program under subpart GG of part
64 of title 47, Code of Federal Regulations, as in effect on the date
of enactment of this section.''.
SEC. 303. NATIONAL DEAFBLIND EQUIPMENT DISTRIBUTION PROGRAM.
Section 719 of the Communications Act of 1934 (47 U.S.C. 620) is
amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) Updated Regulations.--Not later than 18 months after the date
of enactment of the Communications, Video, and Technology Accessibility
Act of 2023, the Commission shall update the rules under section 64.610
of title 47, Code of Federal Regulations, or any successor regulation,
to define as eligible for telecommunications relay service support
those programs that are approved by the Commission for the distribution
of specialized customer premises equipment and software designed to
make telecommunications service, internet access service, and advanced
communications, including interexchange services and advanced
telecommunications and information services, accessible to individuals
who are DeafBlind.
``(b) Definition.--In this section, the term `individual who is
DeafBlind'--
``(1) has the meaning given the term `individual who is
deaf-blind' in section 206(2) of the Helen Keller National
Center Act (29 U.S.C. 1905(2)), as amended by the
Rehabilitation Act Amendments of 1992; and
``(2) includes an individual who--
``(A) for the purposes of satisfying subparagraph
(A)(i) of such section 206(2), has been diagnosed with
a cortical or cerebral visual impairment;
``(B) for the purposes of satisfying subparagraph
(A)(ii) of such section 206(2), has been diagnosed with
an auditory processing disorder; or
``(C) for the purposes of satisfying subparagraphs
(A)(i) and (A)(ii) of such section 206(2), has been
diagnosed with both a cortical or cerebral visual
impairment and an auditory processing disorder.''; and
(2) in subsection (c), by striking ``$10,000,000'' and
inserting ``$20,000,000, which the Commission shall adjust
annually for inflation using an inflation factor determined by
the Commission''.
SEC. 304. ADVANCED COMMUNICATIONS SERVICES ADVISORY COMMITTEE.
(a) Definitions.--In this section:
(1) Advanced communications services; video conferencing
service; visual image descriptive functionality; visual image
descriptive service.--The terms ``advanced communications
services'', ``video conferencing service'', ``visual image
descriptive functionality'', and ``visual image descriptive
service'' have the meanings given the terms in section 3 of the
Communications Act of 1934 (47 U.S.C. 153), as amended by this
Act.
(2) Advisory committee.--The term ``Advisory Committee''
means the Advanced Communications Services Advisory Committee
established under subsection (b).
(3) Chair.--The term ``Chair'' means the Chair of the
Commission.
(4) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(5) Telecommunications relay services.--The term
``telecommunications relay services'' has the meaning given the
term in section 225(a) of the Communications Act of 1934 (47
U.S.C. 225(a)), as amended by this Act.
(b) Establishment.--Not later than 60 days after the date of
enactment of this Act, the Chair shall establish an advisory committee
to be known as the Advanced Communications Services Advisory Committee.
(c) Membership.--As soon as practicable after the date on which the
Chair establishes the Advisory Committee, the Chair shall appoint
individuals who have the technical knowledge and engineering expertise
to serve on the Advisory Committee in the fulfillment of the duties of
the Advisory Committee, including the following:
(1) Representatives of entities involved in the provision
of video conferencing services (or a national organization
representing such entities).
(2) Representatives of vendors, developers, and
manufacturers of systems, facilities, equipment, and
capabilities for the provision of video conferencing services
(or a national organization representing such vendors,
developers, or manufacturers).
(3) Representatives of vendors, developers, and
manufacturers of systems, facilities, equipment, and
capabilities for the provision of assistive technologies used
with video conferencing services (or a national organization
representing such vendors, developers, or manufacturers).
(4) Representatives of manufacturers of consumer
electronics or information technology equipment engaged in the
provision of video conferencing services (or a national
organization representing such manufacturers).
(5) Representatives of national organizations representing
accessibility advocates, including people with disabilities and
older Americans.
(6) Representatives of service agencies engaged in the
provision of captioning, interpretation services, and visual
image descriptive services for video conferencing services.
(7) Representatives of providers of telecommunications
relay services.
(8) Academic experts or representatives of research
institutions with expertise regarding advanced communication
services.
(9) Individuals with technical and engineering expertise,
as the Chair determines appropriate.
(d) Commission Oversight.--The Chair shall appoint a member of the
staff of the Commission to moderate and direct the work of the Advisory
Committee.
(e) Technical Staff.--The Chair shall appoint a member of the
technical staff of the Commission to provide technical assistance to
the Advisory Committee.
(f) Development of Recommendations.--
(1) Advanced communications services report.--Not later
than 1 year after the date on which the Advisory Committee
first meets, the Advisory Committee shall submit to the
Commission a report that, subject to paragraph (2), includes
the following:
(A) A recommended schedule of deadlines for--
(i) making video conferencing services and
equipment accessible to individuals with
disabilities; and
(ii) compliance with quality metrics and
thresholds for automatic closed captioning and
visual image descriptive functionality that is
built into video conferencing services and
equipment.
(B) An identification of the protocols, technical
capabilities, and technical procedures needed to--
(i) permit video conferencing services to
include built-in closed captioning
functionality; and
(ii) allow the interconnection of, and
compatibility with, assistive technologies and
services, peripheral devices, and specialized
customer premises equipment commonly used by
individuals with disabilities to achieve
access.
(C) A recommendation for technical standards to
address the protocols, technical capabilities, and
technical procedures identified under subparagraph (B).
(D) A recommendation for standards to be used to
ensure that the quality of built-in closed captioning
functionality for video conferencing services
facilitates effective communication.
(2) Consideration of work by standards-setting
organizations.--The recommendations of the Advisory Committee
contained in the report submitted under paragraph (1) shall, to
the extent possible, incorporate the standards, protocols, and
procedures that have been adopted by recognized industry
standard-setting organizations for each of the purposes
described in that paragraph.
(g) Meetings.--
(1) Initial meeting.--The initial meeting of the Advisory
Committee shall take place not later than 45 days after the
date on which the Chair appoints the members of the Advisory
Committee under subsection (c).
(2) Other meetings.--After the initial meeting of the
Advisory Committee under paragraph (1), the Advisory Committee
shall meet at the call of the Chair.
(3) Notice; open meetings.--Each meeting held by the
Advisory Committee shall be--
(A) noticed not fewer than 14 days before the date
of that meeting; and
(B) open to the public.
(h) Procedural Rules.--
(1) Quorum.--The presence of \1/3\ of the members of the
Advisory Committee shall constitute a quorum for conducting the
business of the Advisory Committee.
(2) Subcommittees.--To assist the Advisory Committee in
carrying out the functions of the Advisory Committee, the Chair
may establish appropriate subcommittees composed of members of
the Advisory Committee and other subject matter experts.
(3) Additional procedural rules.--The Advisory Committee
may adopt other procedural rules as needed.
(i) Inapplicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to
the Advisory Committee or the activities of the Advisory Committee.
SEC. 305. REAL-TIME TEXT.
Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.)
is amended by inserting after section 716 (47 U.S.C. 617) the
following:
``SEC. 716A. REAL-TIME TEXT.
``Not later than 2 years after the date of enactment of this
section, the Commission shall revise the regulations of the Commission
to require that all interconnected and non-interconnected VoIP
services, whether delivered using wireless or wireline infrastructure,
enable, so long as it is achievable (as defined in section 716)--
``(1) the delivery of real-time text with other wireless
and wireline VoIP services; and
``(2) connectivity of real-time text to public safety
answering points, as defined in section 222(h).''.
SEC. 306. ADVANCED COMMUNICATIONS SERVICES SOFTWARE.
Section 716(e) of the Communications Act of 1934 (47 U.S.C. 617(e))
is amended by adding at the end the following:
``(3) Revision of regulations.--Not later than 1 year after
the date of enactment of this paragraph, the Commission shall
update the regulations prescribed under this subsection to
require that all obligations applicable to equipment used for
advanced communications services extend to software used for
those services, without regard to whether that software is pre-
installed on equipment used for those services.''.
TITLE IV--EMERGING TECHNOLOGY
SEC. 401. EMERGING TECHNOLOGY.
Title VII of the Communications Act of 1934 (42 U.S.C. 601 et seq.)
is amended by adding at the end the following:
``SEC. 723. EMERGING TECHNOLOGY ACCESSIBILITY.
``(a) Definitions.--In this section:
``(1) Augmentative and alternative communication.--The term
`augmentative and alternative communication' means any tool,
method, technology, strategy, service, training, coaching, or
other support used to supplement or replace speech.
``(2) Disability.--The term `disability' has the meaning
given the term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
``(b) Reports to Congress.--Not later than 3 years after the date
of enactment of this section, and every 5 years thereafter, the
Commission shall, in consultation with the United States Access Board,
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives a report assessing--
``(1) the extent to which any accessibility barriers exist
for individuals with disabilities, including individuals who
are blind, deaf, or DeafBlind or have low vision, an auditory
processing disorder, a cortical or cerebral visual impairment,
a speech disability, including individuals who use augmentative
and alternative communication, a mobility disability, or a
cognitive disability, with respect to emerging communications
and video programming technologies and services, including
communication and video programming technologies that use
augmented reality, virtual reality, extended reality, dual
reality, spatial computing, artificial intelligence, and other
advanced machine learning, wireless technologies, including Wi-
Fi and Bluetooth, robotics, the Internet of Things, and other
forms of advanced computing power; and
``(2) solutions needed to ensure that new or emerging
communications and video programming technologies and services
such as those described in paragraph (1)--
``(A) are accessible to individuals with
disabilities; and
``(B) provide the necessary hardware and software
to achieve compatibility with peripheral devices or
specialized customer premises equipment commonly used
by individuals with disabilities to achieve access.
``(c) Consideration of Effect on Individuals With Particular
Barriers.--In preparing each report required under subsection (b), the
Commission shall consider the effect of emerging technologies on
individuals with disabilities who use those technologies and have
particular barriers to participation and communication with those
technologies, including individuals with disabilities using those
technologies--
``(1) who have limited language or limited English
language;
``(2) who have significant, targeted, or multiple
disabilities, including individuals who have a speech
disability, including individuals who use augmentative and
alternative communication, individuals who are DeafBlind, and
individuals who have mobility disabilities;
``(3) who have disabilities limiting communication;
``(4) who lack access to broadband services and technology;
or
``(5) who face heightened barriers due to race, ethnicity,
national origin, age, sex, sexual orientation, gender identity,
Tribal affiliation, or socioeconomic status.
``(d) Regulations.--Not later than 2 years after the date on which
the Commission submits each report required under subsection (b), the
Commission shall issue new or update existing regulations for ensuring
the accessibility of emerging communications and video programming
technologies and services by individuals with disabilities where doing
so is necessary to further the goals of the statutory provisions
implemented by the regulations of the Commission under parts 6, 7, 14,
and 79 of title 47, Code of Federal Regulations, or any successor
regulation, intended to fulfill these goals.''.
TITLE V--ENFORCEMENT AND REPORTING
SEC. 501. ACCESSIBILITY ENFORCEMENT.
(a) In General.--Section 503(b)(5) of the Communications Act of
1934 (47 U.S.C. 503(b)(5)) is amended by inserting after ``uses that
tower'' the following: ``, or in the case of violations of this Act
related to requirements of accessibility for individuals with
disabilities, including violations of section 225, section 255, section
276(b)(1)(A), subsections (u) through (aa) of section 303, section
330(b), section 710, section 711, section 713, or sections 715 through
719''.
(b) Other Laws.--The violation of any provision of the
Communications Act of 1934 (47 U.S.C. 151 et seq.), as amended by this
Act, related to requirements of accessibility for individuals with
disabilities, including a violation of section 225, section 255,
section 276(b)(1)(A), subsections (u) through (aa) of section 303,
section 330(b), section 710, section 711, section 713, or sections 715
through 719 of the Communications Act of 1934 (47 U.S.C. 225, 255,
276(b)(1)(A), 303, 330(b), 610, 611, 613, 616, 617, 618, 619, 620),
shall not be used as a basis to preclude enforcement of violations of
other State or Federal disability rights and civil rights laws,
including the Americans with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.) and the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.),
stemming from the same conduct.
SEC. 502. REPORTS TO CONGRESS.
Title VII of the Communications Act of 1934 (47 U.S.C. 601 et
seq.), as amended by section 401 of this Act, is amended--
(1) in section 717 (47 U.S.C. 618)--
(A) by striking subsection (b);
(B) by redesignating subsections (c), (d), and (e)
as subsections (b), (c), and (d), respectively; and
(C) in subsection (d), as so redesignated, by
striking ``subsection (d)'' and inserting ``subsection
(c)''; and
(2) by adding at the end the following:
``SEC. 724. ACCESSIBILITY REPORTING REQUIREMENTS.
``Not later than 2 years after the date of enactment of this
section, and every 2 years thereafter, the Commission shall submit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report that includes the following:
``(1) The number and nature of complaints received pursuant
to subsection (u), (z), or (aa) of section 303, section 330(b),
section 713, and section 716(a) during the period covered by
the report.
``(2) A description of the actions taken to resolve the
complaints described in paragraph (1), including forfeiture
penalties assessed.
``(3) The length of time that was taken by the Commission
to resolve each such complaint.
``(4) The number, status, nature, and outcome of each
action for mandamus filed pursuant to section 717(a)(6) and the
number, status, nature, and outcome of each appeal filed
pursuant to section 402(b)(10).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Communications and Technology.
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