Communications, Video, and Technology Accessibility Act, Sec. 401 ("Emerging Technology")

Summary

Amends Title VII of the Communications Act of 1934 to enhance accessibility.

Provides definitions related to emerging technology accessibility.

Defines augmentative and alternative communication as any tool, method, technology, strategy, service, training, coaching, or other support used to supplement or replace speech.

Defines disability using the meaning provided in section 3 of the Americans with Disabilities Act of 1990.

Requires the Federal Communications Commission to submit a report to Congress no later than 3 years after enactment and every 5 years thereafter.

Requires the report to assess the extent to which accessibility barriers exist for individuals with disabilities with respect to emerging communications and video programming technologies and services, including technologies such as artificial intelligence, augmented and virtual reality, wireless technologies, robotics, the Internet of Things, and other advanced computing technologies.

Requires the report to identify solutions needed to ensure that emerging technologies are accessible to individuals with disabilities and compatible with peripheral devices or specialized customer premises equipment commonly used for accessibility.

Requires the Commission to consider the impact of emerging technologies on individuals with disabilities who face particular barriers to participation and communication, including those with multiple disabilities, limited language access, limited broadband access, or other socioeconomic barriers.

Requires the Commission to issue new or updated accessibility regulations, if necessary, within 2 years after submitting each report.

Amends the Communications Act of 1934 to enhance accessibility for 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.

Defines augmentative and alternative communication as tools or methods supplementing or replacing speech.

“(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).

Mandates the Commission to assess accessibility barriers and necessary solutions for emerging communication technologies.

“(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.

Considers emerging technology effects on individuals with disabilities facing participation and communication barriers such as limitation in language, communication, broadband service and face heightened bias.

“(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.

Requires the Commission to update the report no later than 2 years after each report is submitted, requiring updates on regulations for accessibility of emerging technologies for disabled individuals.

“(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.”.