Section 1 Short title
This Act may be cited as the “Veterans Accessibility Act of 2023”.
Veterans Accessibility Act of 2023
A BILL
To establish the Veterans Advisory Committee on Equal Access, and for other purposes.
Sec. 2 Findings
Congress finds the following:
More than one-quarter of veterans in the United States have a service-connected disability.
Common disabilities among veterans include traumatic brain injury, hearing loss, blindness or vision loss, and spinal cord injuries and disorders.
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.
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.
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.
More than 46 percent of veterans in the United States are 65 years old or older.
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.
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).
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).
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
Establishment—
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.
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”).
Membership—
Composition— The Advisory Committee shall be composed of—
15 voting members appointed pursuant to paragraph (2); and
four nonvoting ex-officio members appointed pursuant to paragraph (3).
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:
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—
one veteran with a mobility impairment;
one veteran with a hearing disability;
one veteran with a visual disability; and
one veteran with a mental or cognitive disability.
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—
academic institutions;
law firms or legal practices that specialize in Federal disability discrimination law; or
organizations that advocate for individuals with physical, sensory, mental, or cognitive disabilities, regardless of veteran status.
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.
Five are representatives nominated by national veterans service organizations that advocate for veterans with physical, sensory, mental, or cognitive disabilities.
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—
the Under Secretary for Health;
the Under Secretary for Benefits;
the Under Secretary for Memorial Affairs; and
the chairperson of the Architectural and Transportation Barriers Compliance Board (known as the “Access Board”).
Date— The appointments of the members of the Advisory Committee shall be made not later than 90 days after the Advisory Committee is established.
Terms; vacancies—
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.
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.
Meetings—
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.
Frequency— The Advisory Committee shall meet at the call of the Chairperson, and shall meet at least once every 6 months.
Subcommittees— The Advisory Committee may form subcommittees, which shall meet as often as required.
Quorum— A majority of the members of the Advisory Committee shall constitute a quorum.
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.
Duties—
Requirement to consult and seek advice— On a regular basis, the Secretary shall consult with and seek the advice of the Advisory Committee—
on improving the accessibility of the Department for individuals with disabilities, including improving—
the accessibility of information of the Department, including electronic information;
the accessibility of the services and benefits furnished by the Department;
the accessibility of the buildings, facilities, and structures of the Department;
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
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
for ensuring the compliance of the Department with provisions of law relating to disability and accessibility, including—
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 21st Century Integrated Digital Experience Act (44 U.S.C. 3501 note);
the Architectural Barriers Act of 1968 (Public Law 90–480); and
such other provisions of Federal law as may be that ensure equal access to Federal buildings, benefits, or services for individuals with disabilities.
Provision of advice— In providing advice to the Secretary, the Advisory Committee shall, focusing on the areas of greatest need for the Department—
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;
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
provide on-going advice on improving accessibility at the Department, including the accessibility of all—
communications, internal and public facing;
services; and
buildings, facilities, and structures.
Reports—
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—
identifies and assesses access barriers affecting veterans, the public, and Federal workers;
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;
provides recommendations and access priorities to improve the accessibility of the Department’s services, information, technology, and buildings, facilities, and structures;
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;
provides any recommendations for legislation, administrative action, or other actions that the Advisory Committee considers appropriate; and
carries out such other activities that are necessary to make the assessments and recommendations referred to in subsection (a).
Reports to Congress and Federal agencies—
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.
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.
Definition of appropriate committees of Congress— In this subparagraph, the term appropriate committees of Congress means—
the Committee on Veterans’ Affairs, the Special Committee on Aging, and the Committee on Appropriations of the Senate; and
the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.
Advisory Committee personnel and resource matters—
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.
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.
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.
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.
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.