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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2516 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2516
To establish the Veterans Advisory Committee on Equal Access, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 26, 2023
Mr. Casey (for himself and Mr. Scott of Florida) introduced the
following bill; which was read twice and referred to the Committee on
Veterans' Affairs
_______________________________________________________________________
A BILL
To establish the Veterans Advisory Committee on Equal Access, 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 ``Veterans Accessibility Act of
2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) More than one-quarter of veterans in the United States
have a service-connected disability.
(2) Common disabilities among veterans include traumatic
brain injury, hearing loss, blindness or vision loss, and
spinal cord injuries and disorders.
(3) More than 60,000,000 adults in the United States have a
disability, including veterans, employees of the Department of
Veterans Affairs, and people who might seek information from
the Department for a veteran.
(4) There were 125,763 veterans employed at the Department
of Veterans Affairs, including 70,209 veterans with a
disability, in fiscal year 2020, according to the Office of
Personnel Management.
(5) There are projected to be at least 80,000,000 people
age 65 or older in the United States by 2040, twice the number
than in 2000. Older adults experience higher rates of
disability than younger adults.
(6) More than 46 percent of veterans in the United States
are 65 years old or older.
(7) Physical, electronic, information, and communications
technology must be accessible to ensure equal access to
information and services at the Department of Veterans Affairs.
Such accessibility will grow in importance as the population of
the United States ages and develops disabilities and new
technologies are deployed.
(8) Congress has required accessibility of daily life by
passing laws such as the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), sections 501, 504, and 508 of
the Rehabilitation Act of 1973 (29 U.S.C. 791, 794, and 794d),
the Plain Writing Act of 2010 (5 U.S.C. 301 note), the
Architectural Barriers Act of 1968 (Public Law 90-480), and the
21st Century Integrated Digital Experience Act (44 U.S.C. 3501
note).
(9) Recent oversight conducted by the Special Committee on
Aging of the Senate found that the Department of Veterans
Affairs has not consistently made its electronic information
technology accessible for people with disabilities, despite a
requirement to do so under section 508 of the Rehabilitation
Act of 1973 (29 U.S.C. 794d).
(10) To ensure the Federal Government is meeting the needs
of veterans and employees with disabilities, as well as an
aging public, Congress must create mechanisms to assess and
gather information on Federal compliance with provisions of law
relating to accessibility for people with disabilities.
SEC. 3. VETERANS ADVISORY COMMITTEE ON EQUAL ACCESS.
(a) Establishment.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall establish within the Department of Veterans Affairs an
advisory committee on matters relating to accessibility of the
Department of Veterans Affairs for individuals with
disabilities.
(2) Designation.--The advisory committee established by
paragraph (1) shall be known as the ``Veterans Advisory
Committee on Equal Access'' (in this section the ``Advisory
Committee'').
(b) Membership.--
(1) Composition.--The Advisory Committee shall be composed
of--
(A) 15 voting members appointed pursuant to
paragraph (2); and
(B) four nonvoting ex-officio members appointed
pursuant to paragraph (3).
(2) Voting members.--The Advisory Committee shall be
composed of 15 voting members, appointed by the Secretary of
Veterans Affairs. In appointing such members, the Secretary
shall ensure the following:
(A) Four are veterans with disabilities, including
at least one veteran who is also employed in the
competitive service (as defined in section 2102 of
title 5, United States Code) or under Schedule A of the
excepted service (as defined in section 2103 of such
title) in the Veterans Health Administration, the
Veterans Benefits Administration, or the National
Cemetery Administration, who routinely receive benefits
from the Department of Veterans Affairs or use services
provided by the Department, including--
(i) one veteran with a mobility impairment;
(ii) one veteran with a hearing disability;
(iii) one veteran with a visual disability;
and
(iv) one veteran with a mental or cognitive
disability.
(B) Four are recognized authorities in disability
access and Federal disability discrimination law
compliance relating to physical and electronic
accessibility, including the provisions of law set
forth under subsection (f)(1)(B). These members shall
be selected from--
(i) academic institutions;
(ii) law firms or legal practices that
specialize in Federal disability discrimination
law; or
(iii) organizations that advocate for
individuals with physical, sensory, mental, or
cognitive disabilities, regardless of veteran
status.
(C) Two are employees of the Department, one from
the Section 508 Office and one from the Architectural
Accessibility Program, who oversee the compliance of
the Department with Federal accessibility laws.
(D) Five are representatives nominated by national
veterans service organizations that advocate for
veterans with physical, sensory, mental, or cognitive
disabilities.
(3) Nonvoting members.--The Advisory Committee shall also
include four nonvoting ex-officio members, or their
representatives, who directly work on access barriers for
people with disabilities, including--
(A) the Under Secretary for Health;
(B) the Under Secretary for Benefits;
(C) the Under Secretary for Memorial Affairs; and
(D) the chairperson of the Architectural and
Transportation Barriers Compliance Board (known as the
``Access Board'').
(4) Date.--The appointments of the members of the Advisory
Committee shall be made not later than 90 days after the
Advisory Committee is established.
(c) Terms; Vacancies.--
(1) Terms.--A member of the Advisory Committee shall be
appointed for a term of two years. The Secretary may reappoint
members to the Advisory Committee for such additional two-year
terms as the Secretary considers appropriate.
(2) Vacancies.--Not later than 30 days after receiving
notice of a vacancy in the Committee, the Secretary shall fill
the vacancy in the same manner as the original appointment.
(d) Meetings.--
(1) Initial meeting.--Not later than 30 days after the
Secretary has appointed all members, the Advisory Committee
shall hold the first meeting of the Advisory Committee.
(2) Frequency.--The Advisory Committee shall meet at the
call of the Chairperson, and shall meet at least once every 6
months.
(3) Subcommittees.--The Advisory Committee may form
subcommittees, which shall meet as often as required.
(4) Quorum.--A majority of the members of the Advisory
Committee shall constitute a quorum.
(e) Chairperson.--Members of the Advisory Committee shall select a
Chairperson from among the members of the Advisory Committee. If the
position of Chairperson becomes vacant, the members of the Advisory
Committee shall select a new Chairperson not later than 30 days after
the date on which the position became vacant.
(f) Duties.--
(1) Requirement to consult and seek advice.--On a regular
basis, the Secretary shall consult with and seek the advice of
the Advisory Committee--
(A) on improving the accessibility of the
Department for individuals with disabilities, including
improving--
(i) the accessibility of information of the
Department, including electronic information;
(ii) the accessibility of the services and
benefits furnished by the Department;
(iii) the accessibility of the buildings,
facilities, and structures of the Department;
(iv) the accessibility of facilities of
health care providers furnishing care or
services under the Veterans Community Care
Program under section 1703 of title 38, United
States Code; and
(v) the acquisition process of the
Department to ensure that products and
services, including information technology and
information and communication technology (as
defined in the standards issued by the
Architectural and Transportation Barriers
Compliance Board pursuant to section 508 of the
Rehabilitation Act of 1973 (29 U.S.C. 794d)),
are accessible when purchased; and
(B) for ensuring the compliance of the Department
with provisions of law relating to disability and
accessibility, including--
(i) the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.);
(ii) sections 501, 504, and 508 of the
Rehabilitation Act of 1973 (29 U.S.C. 791, 794,
and 794d);
(iii) the Plain Writing Act of 2010 (5
U.S.C. 301 note);
(iv) the 21st Century Integrated Digital
Experience Act (44 U.S.C. 3501 note);
(v) the Architectural Barriers Act of 1968
(Public Law 90-480); and
(vi) such other provisions of Federal law
as may be that ensure equal access to Federal
buildings, benefits, or services for
individuals with disabilities.
(2) Provision of advice.--In providing advice to the
Secretary, the Advisory Committee shall, focusing on the areas
of greatest need for the Department--
(A) assess the disability access needs of veterans,
the public, and Department employees for full access to
the Department's information, services, and benefits by
reviewing relevant information, such as filed
complaints by people with disabilities and physical
assessments of the Department's buildings, facilities,
and structures;
(B) provide an ongoing assessment of accessibility
at the Department and the compliance of the Department
with applicable provisions of law relating to
disability and accessibility; and
(C) provide on-going advice on improving
accessibility at the Department, including the
accessibility of all--
(i) communications, internal and public
facing;
(ii) services; and
(iii) buildings, facilities, and
structures.
(3) Reports.--
(A) Reports to the secretary.--Not later than 18
months after the date of the first meeting of the
Advisory Committee, and not less frequently than once
every 18 months thereafter, the Advisory Committee
shall submit to the Secretary a report that, focusing
on areas of greatest need for the Department--
(i) identifies and assesses access barriers
affecting veterans, the public, and Federal
workers;
(ii) determines the extent to which the
programs and activities of the department
address the barriers identified in clause (i),
including compliance of the Department with
provisions of law relating to accessibility law
and reporting;
(iii) provides recommendations and access
priorities to improve the accessibility of the
Department's services, information, technology,
and buildings, facilities, and structures;
(iv) provides a description of access
improvements and assesses the Department's
follow-through with recommendations from
previous reports of the Advisory Committee,
including any unmet recommendations that remain
necessary for improving accessibility for the
Department;
(v) provides any recommendations for
legislation, administrative action, or other
actions that the Advisory Committee considers
appropriate; and
(vi) carries out such other activities that
are necessary to make the assessments and
recommendations referred to in subsection (a).
(B) Reports to congress and federal agencies.--
(i) In general.--Not later than 60 days
after receiving a report under subparagraph
(A), the Secretary shall submit to the
appropriate committees of Congress, the
Attorney General, the Director of the Office of
Management and Budget, the Administrator of the
General Services Administration, and the
Inspector General of the Department of Veterans
Affairs a copy of the report, along with such
comments or recommendations concerning the
report as the Secretary considers appropriate.
(ii) Availability to the public.--Not later
than one day after submitting a report pursuant
to clause (i), the Secretary shall make
available to the public on an accessible
website of the Department such report and such
comments and recommendations as may have been
submitted along with such report.
(iii) Definition of appropriate committees
of congress.--In this subparagraph, the term
``appropriate committees of Congress'' means--
(I) the Committee on Veterans'
Affairs, the Special Committee on
Aging, and the Committee on
Appropriations of the Senate; and
(II) the Committee on Veterans'
Affairs and the Committee on
Appropriations of the House of
Representatives.
(g) Advisory Committee Personnel and Resource Matters.--
(1) Compensation of members.--A member of the Commission
who is not an officer or employee of the Federal Government
shall not be compensated for the performance of the duties of
the Advisory Committee.
(2) Travel expenses.--A member of the Advisory Committee
shall be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(3) Resources.--The Secretary shall ensure that such
personnel, funding, and other resources are made available to
the Advisory Committee as the Secretary considers appropriate
to carry out the duties of the Advisory Committee.
(4) Information.--The Secretary shall furnish to the
Advisory Committee such information as the Advisory Committee
may request from the Secretary, subject to applicable
provisions of law.
(h) Termination of Advisory Committee.--The Advisory Committee
shall terminate on the date that is 10 years after the date of the
enactment of this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on Veterans' Affairs.
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