TELECOMMUNICATIONS ACCESSIBILITY ENHANCEMENT ACT OF 1988 [Public Law 100-542, Approved October 28, 1988] AN ACT To expand our national telecommunications system for the benefit of the SECTION 1. [40 U.S.C. 762 note] SHORT TITLE. This Act may be cited as the "Telecommunications Accessibility Enhancement Act of 1988". SEC. 2. [40 U.S.C. 762] DEFINITIONS. As used in this Act (1) The term "TDD" means a Telecommunications Device for the Deaf, a machine which employs graphic communications in the transmission of coded signals through the nationwide telecommunications system. (2) The term "Federal agency" has the meaning given such term by section 3(b) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472(b)). SEC. 3. [40 U.S.C. 762a] FEDERAL TELECOMMUNICATIONS SYSTEM REQUIREMENTS. (a) ACCESSIBILITY OF TELECOMMUNICATIONS SYSTEMS.-The Administrator of General Services, after consultation with the Architectural and Transportation Barriers Compliance Board, the Interagency Committee on Computer Support of Handicapped Employees, the Federal Communications Commission, and affected Federal agencies, shall, by regulation, take such actions in accordance with this section as may be necessary to assure that the Federal telecommunications system is fully accessible to hearing-impaired and speech-impaired individuals, including Federal employees, for communications with and within Federal agencies. (b) SPECIFIC REQUIREMENT.-In carrying out subsection (a), the Administrator shall (1) provide for the continuation of the existing Federal relay system for users of TDD's; (2) within 90 days after the date of enactment of this Act, expand such relay system by employing at least one additional operator; (3) within 180 days after such date of enactment (A) conduct, as part of the rulemaking proceeding required by subsection (a), an analysis of modifications to the Federal telecommunications system that the Administrator, in his discretion, determines to be necessary to achieve the objectives of subsection (a); and (B) submit a report on the results of such analysis to each House of the Congress; (4) within 180 days after completion of such analysis, prescribe the regulations required by subsection (a); (5) assemble, publish, and maintain a directory of TDD and other devices used by Federal agencies to comply with such regulations, and publish, in Federal agency directories, access numbers of TDD's and such other devices; and (6) after consultation with the Architectural and Transportation Barriers Compliance Board, adopt the design of a standard logo to signify the presence of a TDD or other device used by a Federal agency to comply with such regulations. (c) CONGRESSIONAL OVERSIGHT.-The Administrator shall not prescribe the regulation required by subsection (a) before the end of the 90-day period beginning on the date the Administrator submits the report required by subsection (b)(3)(B). SEC. 4. [40 U.S.C. 762b] ADDITIONAL REQUIREMENTS. (a) SUPPORT FOR RESEARCH.-The Administrator shall, in consultation with the Federal Communications Commission, seek to promote research by Federal agencies, State agencies, and private entities to reduce the cost and improve the capabilities of telecommunications devices and systems that provide accessibility to hearing-impaired and speech-impaired individuals. (b) PLANNING TO ASSIMILATE TECHNOLOGICAL DEVELOPMENTS.The Administrator, in planning future alterations to and modifications of the Federal telecommunications system, shall take into account results of the analysis required by section 3(b)(3) and any technological improvements in telecommunications devices and systems that provide accessibility to hearing-impaired and speech-impaired individuals. SEC. 5. [40 U.S.C. 762c] INQUIRY REGARDING INTERSTATE TDD RELAY SYSTEM. The Federal Communications Commission shall, within 9 months after the date of enactment of this Act, complete its existing inquiry regarding an interstate relay system for users of TDD's. SEC. 6. [40 U.S.C. 762d] TDD INSTALLATION BY CONGRESS. As soon as practicable, each House of the Congress shall establish a policy under which Members of the House of Representatives and the Senate, as the case may be, may obtain TDD's for use in communicating with hearing-impaired and speech-impaired individuals, and for the use of hearing-impaired and speech-impaired employees. Sec. TITLE 42-THE PUBLIC HEALTH AND WELFARE CHAPTER 55-NATIONAL ENVIRONMENTAL POLICY 28 (§§ 4321-4361) 4321. Congressional declaration of purpose. SUBCHAPTER I-POLICIES AND GOALS 4331. Congressional declaration of national environmental policy. 4332. Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts. 4333. Conformity of administrative procedures to national environmental policy. 4334. Other statutory obligations of agencies. 4335. Efforts supplemental to existing authorizations. § 4321. Congressional declaration of purpose The purposes of this chapter are: To declare a national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality. § 4331. Congressional declaration of national environmental policy (a) The Congress, recognizing the profound impact of man's activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans. (b) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of 28 National Environmental Policy Act of 1969, Public Law 91-190, 83 Stat. 852, Jan. 1, 1970. national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may— (1) fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; (2) assure for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings; (3) attain the widest range of benefical uses of the environment without degradation, risk to health or safety, or other undersirable and unintended consequences; (4) preserve important historic, cultural, and natural aspects of our national heritage, and maintain, wherever possible, an environment which supports diversity and variety of individual choice; (5) achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and (6) enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. (c) The Congress recognizes that each person should enjoy a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. § 4332. Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts The Congress authorizes and directs that, to the fullest extent possible: (1) the policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies set forth in this chapter, and (2) all agencies of the Federal Government shall— (A) utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decisionmaking which may have an impact on man's environment; (B) identify and develop methods and procedures, in consultation with the Council on Environmental Quality established by subchapter II of this chapter, which will insure that presently unquantified environmental amenities and values may be given appropriate consideration in decisionmaking along with economic and technical considerations; (C) include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a detailed statement by the responsible official on (i) the environmental impact of the proposed action, (ii) any adverse environmental effects which cannot be avoided should the proposal be implemented, (iii) alternatives to the proposed action, (iv) the relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity, and (v) any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented. Prior to making any detailed statement, the responsible Federal official shall consult with and obtain the comments of any Federal agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate Federal, State, and local agencies, which are authorized to develop and enforce environmental standards, shall be made available to the President, the Council on Environmental Quality and to the public as provided by section 552 of title 5, and shall accompany the proposal through the existing agency review processes; (D) any detailed statement required under subparagraph (C) after January 1, 1970, for any major Federal action funded under a program of grants to States shall not be deemed to be legally insufficient solely by reason of having been prepared by a State agency or official, if: (i) the State agency or official has statewide jurisdiction and has the responsibility for such action, (ii) the responsible Federal official furnishes guidance and participates in such preparation, (iii) the responsible Federal official independently evaluates such statement prior to its approval and adoption, and (iv) after January 1, 1976, the responsible Federal official provides early notification to, and solicits the views of, any other State or any Federal land management entity of any action or any alternative thereto which may have significant impacts upon such State or affected Federal land management entity and, if there is any disagreement on such impacts, prepares a written assessment of such impacts, and views for incorporation into such detailed statement. The procedures in this subparagraph shall not relieve the Federal offical of his responsibilities for the scope, objectivity, and content of the entire statement or of any other responsibility under this chapter; and further, this subparagraph does not affect the legal sufficiency of statements prepared by State agencies with less than statewide jurisdiction.29 (E) study, develop, and describe appropriate alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alternative uses of available resources; (F) recognize the worldwide and long-range character of environmental problems and, where consistent with the foreign policy of the United States, lend appropriate support to initiatives, resolutions and programs designed to maximize international cooperation in anticipating and preventing a decline in the quality of mankind's world environment; 29 Paragraph (D) was added by Public Law 94-83, 89 Stat. 424, Aug 9, 1975. |