No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5813 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5813
To establish uniform accessibility standards for websites and
applications of employers, employment agencies, labor organizations,
joint labor-management committees, public entities, public
accommodations, testing entities, and commercial providers, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 28, 2023
Mr. Sarbanes (for himself and Mr. Sessions) introduced the following
bill; which was referred to the Committee on Education and the
Workforce, and in addition to the Committee on the Judiciary, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To establish uniform accessibility standards for websites and
applications of employers, employment agencies, labor organizations,
joint labor-management committees, public entities, public
accommodations, testing entities, and commercial providers, 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 ``Websites and Software Applications
Accessibility Act of 2023''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Section 2(b)(1) of the Americans with Disabilities Act
of 1990 states that the Act provides ``a clear and
comprehensive national mandate for the elimination of
discrimination against individuals with disabilities'' (42
U.S.C. 12101(b)(1)).
(2) In 1990, websites and applications were essentially
nonexistent, but Congress made clear that the ADA ``should keep
pace with the rapidly changing technology of the times'' (H.R.
Rep. No. 101-485, pt. 2, at 381 (1990)), as reprinted in 1990
U.S.C.C.A.N. 303, 391).
(3) Section 102 of the ADA (42 U.S.C. 12112), section 202
of the ADA (42 U.S.C. 12132), and section 302 of the ADA (42
U.S.C. 12182) broadly prohibit discrimination on the basis of
disability in regard to employment, services, programs, or
activities of public entities, and of goods, services,
facilities, privileges, advantages, and accommodations of any
place of public accommodation, respectively.
(4) The Department of Justice has promulgated regulations
to address the intersection of the ADA and emerging
technologies, including the obligation to ensure effective
communication with and by individuals with disabilities by
using technologies such as video remote interpreting, real-time
computer-aided transcription, open and closed captioning, audio
description, videophones, captioned telephones, screen reader
software, optical readers, and telephone systems that interact
properly with internet-based relay systems.
(5) The activities of a vast number of ADA-covered entities
now occur in whole or in part through websites and
applications, a shift that has been accelerated by a global
pandemic. The digital economy accounts for nearly 10 percent of
the United States gross domestic product, and 85 percent of
United States adults visit the internet at least once per day.
(6) Many entities, including those covered by the ADA, rely
on third-party technology providers to deliver goods and
services via websites and applications, yet these websites and
applications are often created and developed in a manner that
is inaccessible to individuals with disabilities.
(7) Despite the ADA's clear language covering all services,
programs, and activities of public entities, all goods,
services, facilities, privileges, advantages, and
accommodations of public accommodations, and all terms,
conditions, and privileges of employment and certain actions of
employers, including when conducted through websites and
applications, most websites and applications contain
significant barriers for individuals with disabilities.
(8) When Congress enacted the ADA in 1990, Congress
intended for the ADA to keep pace with rapidly changing
technology. The Department of Justice has rightly acknowledged
that the ADA requires covered entities to ensure that their
websites are accessible to individuals with disabilities.
(9) Some courts have misconstrued the ADA, saying the ADA
does not cover websites despite the clear language of the ADA's
provisions.
(10) Without equal access to websites and applications,
many individuals with disabilities are treated as second-class
citizens and are excluded from equal participation in and equal
access to all aspects of society.
(b) Purpose.--It is the purpose of this Act--
(1) to affirm that the ADA and this Act require that
websites and applications used by any covered entity to
communicate or interact with applicants, employees,
participants, customers, or other members of the public be
readily accessible to and useable by individuals with
disabilities, whether the entity has a physical location or is
digital only;
(2) to require the Department of Justice and the Equal
Employment Opportunity Commission to set and enforce standards
for websites and applications and to periodically update such
standards;
(3) to address and remedy the systemic nationwide problem
of inaccessible websites and applications that exclude
individuals with disabilities from equal participation in and
equal access to all aspects of society; and
(4) to create effective mechanisms to respond to emerging
technologies and to ensure that such technologies do not impair
the rights and abilities of individuals with disabilities to
participate in all aspects of society.
SEC. 3. DEFINITIONS.
In this Act:
(1) Accessible.--The term ``accessible'' or
``accessibility'', used with respect to a website or
application, means a perceivable, operable, understandable, and
robust website or application that enables individuals with
disabilities to access the same information as, to engage in
the same interactions as, to communicate and to be understood
as effectively as, and to enjoy the same services as are
offered to, other individuals with the same privacy, same
independence, and same ease of use as, individuals without
disabilities.
(2) Accessibility regulations.--The term ``accessibility
regulations'' means the regulations issued under section 5 in
accordance with this Act.
(3) ADA.--The term ``ADA'' means the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(4) Application.--The term ``application'' means software
that is designed to run on a device, including a smartphone,
tablet, self-service kiosk, wearable technology item, or laptop
or desktop computer or another device, including a device
devised after the date of enactment of this Act, and that is
designed to perform, or to help the user perform, a specific
task.
(5) Commercial provider.--The term ``commercial provider''
means any entity, including a public or private entity--
(A) whose operations affect commerce; and
(B) that designs, develops, constructs, alters,
modifies, or adds an application or website for a
covered entity (including a covered entity described in
subparagraph (A) that takes such an action for the
covered entity's product) for covered use.
(6) Commission.--The term ``Commission'' means the Equal
Employment Opportunity Commission.
(7) Covered entity.--The term ``covered entity'' means an
employment entity, public entity, public accommodation, or
testing entity.
(8) Covered use.--The term ``covered use'' means--
(A) use by a public entity to provide a service,
program, or activity, or information related to such
service, program, or activity, covered under title II
of the ADA (42 U.S.C. 12131 et seq.), section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794), or
section 1557 of the Patient Protection and Affordable
Care Act (42 U.S.C. 1811), to an applicant,
participant, or other member of the public;
(B) use by a public accommodation or testing entity
to provide a good, service, facility, privilege,
advantage, or accommodation, or information related to
such good, service, facility, privilege, advantage, or
accommodation, to customers or other members of the
public, regardless of whether the public accommodation
or testing entity owns, operates, or utilizes a
physical location for covered use; or
(C) use by an employment entity in determining or
conducting job application procedures, hiring,
advancement, or discharge of employees, employee
compensation, job training, or other term, condition,
or privilege of employment, for employees or applicants
to become employees.
(9) Department.--The term ``Department'' means the
Department of Justice.
(10) Disability.--The term ``disability'' has the meaning
given the term in section 3 of the ADA (42 U.S.C. 12102).
(11) Employee.--The term ``employee'' has the meaning given
the term in section 101 of the ADA (42 U.S.C. 12111).
(12) Employer.--The term ``employer'' has the meaning given
the term in section 101 of the ADA (42 U.S.C. 12111).
(13) Employment agency.--The term ``employment agency'' has
the meaning given the term in section 701 of the Civil Rights
Act of 1964 (42 U.S.C. 2000e).
(14) Employment entity.--The term ``employment entity''
means an employer, employment agency, labor organization, or
joint labor-management committee.
(15) Information and communication technology.--The term
``information and communication technology''--
(A) means--
(i) any equipment or interconnected system
or subsystem of equipment, used in the
automatic acquisition, storage, analysis,
evaluation, manipulation, management, movement,
control, display, switching, interchange,
transmission, or reception of data or
information; and
(ii) other equipment or technology, or
another system or process, for which the
principal function is the creation,
manipulation, storage, display, receipt, or
transmission of electronic data and
information, as well as any associated content;
and
(B) includes computers and peripheral equipment,
information kiosks and transaction machines,
telecommunications equipment, customer premises
equipment, multifunction office machines, software,
applications, websites, videos, and electronic
documents.
(16) Joint labor-management committee.--The term ``joint
labor-management committee'' means a labor management committee
established pursuant to section 205A of the Labor Management
Relations Act, 1947 (29 U.S.C. 175a) and engaged in commerce.
(17) Labor organization.--The term ``labor organization''
has the meaning given the term in section 701 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e).
(18) Operable.--The term ``operable'', used with respect to
a website or application, means that user interface components
and navigation for the website or application can be operated
by individuals with disabilities.
(19) Perceivable.--The term ``perceivable'', used with
respect to a website or application, means that information and
user interface components for the website or application are
presentable in ways that individuals with disabilities can
perceive.
(20) Public accommodation.--The term ``public
accommodation'' means a private entity described in paragraph
(7) of section 301 of the ADA (42 U.S.C. 12181) who owns,
operates, or utilizes a website or application for covered use.
(21) Public entity.--The term ``public entity'' has the
meaning given the term ``public entity'' in section 201 of the
ADA (42 U.S.C. 12131).
(22) Qualified individual.--The term ``qualified
individual'', used with respect to an employee or an applicant
to become an employee, has the meaning given the term in
section 101 of the ADA (42 U.S.C. 12111).
(23) Robust.--The term ``robust'', used with respect to a
website or application, means a website or application for
which the content can be interpreted by and the interface can
be accessed by a wide variety of tools, including assistive
technology, used by individuals with disabilities.
(24) Small entity.--The term ``small entity'' means an
entity or provider defined as a small entity in the regulations
issued under subsection (a) or (b) of section 5.
(25) Software definitions.--
(A) Platform software.--
(i) In general.--The term ``platform
software'' means software--
(I) that interacts with hardware or
provides services for other software;
(II) that may run or host other
software, and may isolate the other
software from underlying software or
hardware layers; and
(III) a single component of which
may have both platform and non-platform
aspects.
(ii) Platform.--For purposes of clause (i),
the term ``platform'' includes--
(I) a desktop operating system;
(II) an embedded operating system,
including a mobile system;
(III) a web browser;
(IV) a plugin to a web browser that
renders a particular media or format;
and
(V) a set of components that allows
another application to execute, such as
an application which supports macros or
scripting.
(B) Software.--In subparagraphs (A) and (C), the
term ``software''--
(i) means a program, a procedure, and a
rule (any of which may include related data or
documentation), that directs the use and
operation of information and communication
technology to perform a given task or function;
and
(ii) includes applications, non-web
software, platform software, and software
tools.
(C) Software tool.--
(i) In general.--The term ``software tool''
means software--
(I) for which the primary function
is the development of other software;
and
(II) that usually comes in the form
of an Integrated Development
Environment and is a suite of related
products and utilities.
(ii) Integrated development environment.--
In clause (i), the term ``Integrated
Development Environment'' means an application
such as--
(I) Microsoft Visual Studio;
(II) Apple Xcode; and
(III) Eclipse Foundation Eclipse.
(26) State.--The term ``State'' means each of the several
States, the District of Columbia, and any territory or
possession of the United States.
(27) Testing entity.--The term ``testing entity'' means any
person whose operations affect commerce, as defined in section
301 of the ADA (42 U.S.C. 12181) and that offers examinations
or courses related to, applying, licensing, certification, or
credentialing for secondary or postsecondary education,
professional, or trade purposes.
(28) Understandable.--The term ``understandable'', used
with respect to a website or application, means that the
components of the user interface for the website or
application, including any input fields, error messages, and
correction opportunities, are predictable and can be understood
and used by individuals with disabilities.
(29) Website.--The term ``website'' means any collection of
related web pages, images, videos, or other digital assets
placed in one or more computer server-based file archives so
that the collection can be accessed by applicants, employees,
participants, customers, or other members of the public over
the internet or through a private computer network.
SEC. 4. ACCESS TO WEBSITES AND APPLICATIONS.
(a) General Rules for Covered Entities.--
(1) Employment entity.--No employment entity shall subject
to discrimination, related to a website or application owned,
operated, or utilized for covered use by the employment entity,
an individual with a disability in regard to an activity
described in section 102 of the ADA (42 U.S.C. 12112).
(2) Public entity.--No individual with a disability shall,
by reason of such disability--
(A) be excluded from participation in or be denied
the benefits of the services, programs, or activities,
or information related to such services, programs, or
activities, offered through a website or application
owned, operated, or utilized, for a covered use, by a
public entity; or
(B) be otherwise subjected to discrimination
related to a website or application owned, operated, or
utilized for covered use by a public entity.
(3) Public accommodation and testing entity.--No individual
shall be discriminated against on the basis of disability in
the full and equal enjoyment of the goods, services,
facilities, privileges, advantages, or accommodations, or
information related to such goods, services, facilities,
privileges, advantages, or accommodations, offered through a
website or application owned, operated, or utilized for covered
use by a public accommodation or testing entity.
(b) Covered Entities.--In order to comply with subsection (a), a
covered entity shall meet the following requirements:
(1) Accessibility.--A covered entity that engages in an
activity described in section 102 of the ADA (42 U.S.C. 12112),
or that provides goods, services, facilities, privileges,
advantages, accommodations, programs, activities, or
information related to such goods, services, facilities,
privileges, advantages, accommodations, programs, or
activities, through a website or application shall ensure that
such website or application is accessible.
(2) Effective communications.--A covered entity shall
ensure that covered uses through websites and applications with
applicants, employees, participants, customers, and other
members of the public with disabilities are as effective as
communications and interactions with individuals without
disabilities.
(c) Commercial Providers.--No commercial provider shall design,
develop, construct, alter, modify, or add to a website or application
for a covered entity for covered use in a manner that results in the
website or application that is not accessible, or otherwise provide a
website or application to a covered entity for covered use that is not
accessible.
(d) Defenses and Exemptions.--
(1) Employment entities.--With respect to a claim that an
employment entity violated this section, the entity shall not
be considered to have violated this section if compliance with
this section--
(A) would impose an undue burden on the entity; or
(B) would fundamentally alter the nature of the
employment provided by the entity.
(2) Public entities.--With respect to a claim that a public
entity violated this section, the entity shall not be
considered to have violated this section if compliance with
this section--
(A) would impose an undue burden on the entity; or
(B) would fundamentally alter the nature of the
services, programs, activities, or information provided
by the entity.
(3) Public accommodations or testing entities.--With
respect to a claim that a public accommodation or testing
entity violated this section, the accommodation or entity shall
not be considered to have violated this section if compliance
with this section--
(A) would impose an undue burden on the
accommodation or entity; or
(B) would fundamentally alter the nature of the
goods, services, facilities, privileges, advantages,
accommodations, or information provided by the
accommodation or entity.
(4) Commercial providers.--With respect to a claim that a
commercial provider violated this section, the commercial
provider shall not be considered to have violated this section
if compliance with this section--
(A) would impose an undue burden on the commercial
provider; or
(B) would fundamentally alter the nature of the
goods, services, facilities, privileges, advantages,
accommodations, programs, activities, or information
provided by the covered entity served.
SEC. 5. RULEMAKING.
(a) Public Entities, Public Accommodations, and Testing Entities.--
(1) Notice of proposed rulemaking.--
(A) Accessibility.--Not later than 12 months after
the date of enactment of this Act, the Attorney General
shall issue, for purposes of section 4, a notice of
proposed rulemaking regarding the accessibility of
websites and applications applicable to covered
entities that are public entities or public
accommodations or testing entities, and the commercial
providers for the three types of covered entities, for
covered use. Such notice shall propose regulations to
implement the accessibility obligations of this Act,
and include standards for accessible websites and
applications that offer equally effective experiences
for users with disabilities and users without
disabilities.
(B) Small entities.--In proposing the regulations,
the Attorney General shall--
(i) define the smaller entities, and
providers, described in subparagraph (A) as
small entities for purposes of this Act; and
(ii) propose regulations that take into
account the capabilities of small entities,
such as small businesses, to comply with
standards for accessible websites and
applications.
(2) Final rule.--
(A) In general.--Not later than 24 months after the
date of enactment of this Act, the Attorney General
shall issue, for purposes of section 4, a final rule
regarding the accessibility of websites and
applications applicable to the covered entities, and
the commercial providers, described in paragraph (1),
for covered use. Such final rule shall implement the
accessibility obligations of this Act, include
standards for accessible websites and applications that
offer equally effective experiences for users with
disabilities and users without disabilities, and take
into account the capabilities of small entities, as
described in paragraph (1)(B)(ii).
(B) Effective date.--The final rule shall take
effect--
(i) for small entities, 2 years after the
date of issuance of the final rule; and
(ii) for other entities, 30 days after that
date of issuance.
(3) Public posting of enforcement actions.--Not later than
6 months after such issuance, the Attorney General shall, to
the extent permitted by law, post publicly on the Department
website any and all settlement documents and documents
specifying other resolutions, resulting from the initiation of
enforcement actions, or filing of administrative or civil
actions, by the Attorney General pursuant to this Act
concerning the covered entities, and the commercial providers,
described in paragraph (1).
(b) Employment Entities.--
(1) Notice of proposed rulemaking.--
(A) Accessibility.--Not later than 12 months after
the date of enactment of this Act, the Commission shall
issue, for purposes of section 4, a notice of proposed
rulemaking regarding the accessibility of websites and
applications applicable to employment entities, and the
commercial providers for employment entities, for
covered use. Such notice shall propose regulations to
implement the accessibility obligations of this Act,
and include standards for accessible websites and
applications that offer equally effective experiences
for users with disabilities and users without
disabilities.
(B) Small entities.--In proposing the regulations,
the Attorney General shall--
(i) define the smaller entities, and
providers, described in subparagraph (A) as
small entities for purposes of this Act; and
(ii) propose regulations that take into
account the capabilities of small entities,
such as small businesses, to comply with
standards for accessible websites and
applications.
(2) Final rule.--
(A) In general.--Not later than 24 months after the
date of enactment of this Act, the Commission shall
issue, for purposes of section 4, a final rule
regarding the accessibility of websites and
applications applicable to the employment entities, and
the commercial providers, described in paragraph (1),
for covered use. Such final rule shall implement the
accessibility obligations of this Act, include
standards for accessible websites and applications that
offer equally effective experiences for users with
disabilities and users without disabilities, and take
into account the capabilities of small entities, as
described in paragraph (1)(B)(ii).
(B) Effective date.--The final rule shall take
effect--
(i) for small entities, 2 years after the
date of issuance of the final rule; and
(ii) for other entities, 30 days after that
date of issuance.
(3) Public posting of enforcement actions.--Not later than
6 months after such issuance, the Commission shall, to the
extent permitted by law, post publicly on the Commission
website any and all settlement documents, and documents
specifying other resolutions, resulting from the initiation of
enforcement actions, or filing of administrative or civil
actions, by the Commission pursuant to this Act concerning the
employment entities, and the commercial providers, described in
paragraph (1).
SEC. 6. PERIODIC REVIEW.
(a) Review.--For each of the first 3 years after the date of
enactment of this Act, and every 2 years thereafter, each Federal
agency receiving complaints or engaging in enforcement (including
compliance reviews and investigations), administrative (including
administrative resolution of a claim of a violation), or civil actions
under this Act shall submit a report on the complaints and activities
to the Department and the Commission. The Attorney General and the
Commission shall, for each of the first 3 years and every 2 years
thereafter, review complaints received and enforcement, administrative,
or civil actions taken under this Act, to determine whether the purpose
of this Act is being achieved. In conducting such reviews, the Attorney
General and the Commission may award grants, contracts, or cooperative
agreements to entities that have documented experience and expertise in
collecting and analyzing data associated with implementing reviews of
complaints, and enforcement, administrative, and civil actions.
(b) Report.--The Attorney General and the Commission shall prepare
a report containing the results of each such review of complaints and
actions described in subsection (a), and shall submit the report to the
Committee on Health, Education, Labor, and Pensions and the Committee
on the Judiciary of the Senate and the Committee on Education and Labor
and the Committee on the Judiciary of the House of Representatives.
(c) Updated Regulations.--The Attorney General and the Commission
shall issue, in accordance with this Act, updated accessibility
regulations every 3 years following the date of issuance of the initial
accessibility regulations issued under this Act.
SEC. 7. ENFORCEMENT AND ADMINISTRATIVE ACTION, AND PRIVATE RIGHT OF
ACTION.
(a) Public Entities, Public Accommodations, and Testing Entities.--
(1) Civil action by attorney general.--
(A) In general.--
(i) Investigation after a complaint.--On
receiving a complaint filed by an individual
with a disability, a class of individuals with
disabilities, or an entity representing an
individual with a disability or such a class,
of a violation of paragraph (2) or (3) of
subsection (a), as the case may be, or a
complaint filed by a covered entity that is a
public entity, public accommodation, or testing
entity of a violation of subsection (c), of
section 4 (including a related provision of the
final rule issued under section 5(a)), the
Attorney General may conduct an investigation.
The investigation shall consist of a review of
the corresponding website or application owned,
operated, or utilized for covered use by such a
covered entity, or provided to such a covered
entity by a commercial provider, to determine
whether the covered entity or commercial
provider has violated the corresponding
provision of section 4.
(ii) Other investigation and review.--In
addition, the Attorney General shall, on the
Attorney General's own authority, investigate
practices that may be violations of, and
undertake periodic reviews of compliance of
such covered entities and commercial providers
with, the corresponding provision of section 4
(including a related provision of the final
rule issued under section 5(a)).
(iii) Determination of violation.--If,
after investigation or review under this
subparagraph, the Attorney General determines
that such a covered entity or commercial
provider has violated the corresponding
provision of section 4 (including a related
provision of the final rule issued under
section 5(a)), the Attorney General may take
administrative action (including administrative
resolution of a claim of such a violation) or
bring a civil action in a district court of the
United States.
(B) Intervention.--If the Attorney General brings
such a civil action based on a complaint filed by an
individual, class of individuals, or entity, described
in subparagraph (A), including a covered entity
described in subparagraph (A) alleging a violation by a
commercial provider, such individual, class, or entity
shall have the right to intervene in such civil action.
(2) Civil action by others.--An individual, class, or
entity, described in paragraph (1)(A), including a covered
entity described in paragraph (1)(A) alleging a violation by a
commercial provider, may bring a civil action alleging a
violation of paragraph (2) or (3) of subsection (a), or
subsection (c), as the case may be, of section 4 (including a
related provision of the final rule issued under section 5(a))
in an appropriate State or Federal court without first filing a
complaint with the Department or exhausting any other
administrative remedies.
(b) Employment Entities.--
(1) Civil action by commission and attorney general.--
(A) In general.--
(i) Investigation after a complaint.--On
receiving a complaint filed by a qualified
individual, a class of qualified individuals,
or an entity representing a qualified
individual or such a class, of a violation of
subsection (a)(1), or a complaint filed by an
employment entity of a violation of subsection
(c), of section 4 (including a related
provision of the final rule issued under
section 5(b)), the Commission may conduct an
investigation. The investigation shall consist
of a review of the corresponding website or
application owned, operated, or utilized for
covered use by an employment entity, or
provided to an employment entity by a
commercial provider, to determine whether the
employment entity or commercial provider has
violated the corresponding provision of section
4.
(ii) Other investigation and review.--In
addition, the Commission shall, on the
Commission's own authority, investigate
practices that may be violations of, and
undertake periodic reviews of compliance of
employment entities and commercial providers
with, the corresponding provision of section 4
(including a related provision of the final
rule issued under section 5(b)).
(iii) Determination of violation.--If,
after investigation or review described in this
subparagraph, the Commission determines that an
employment entity or commercial provider has
violated the corresponding provision of section
4 (including a related provision of the final
rule issued under section 5(b)), the Commission
may take administrative action (including
administrative resolution of a claim of such a
violation) or bring a civil action in a
district court of the United States.
(B) Intervention.--If the Commission brings such a
civil action based on a complaint filed by a qualified
individual, class of qualified individuals, or entity,
described in subparagraph (A), including an employment
entity alleging a violation by a commercial provider,
such qualified individual, class, or entity shall have
the right to intervene in such civil action.
(2) Civil action by others.--A qualified individual, class,
or entity, described in paragraph (1)(A), including an employee
or employment entity alleging a violation by a commercial
provider, may bring a civil action alleging a violation of
subsection (a)(1) or subsection (c), as the case may be, of
section 4 (including a related provision of the final rule
issued under section 5(b)) in an appropriate State or Federal
court without first filing a complaint with the Commission or
exhausting any other administrative remedies.
(3) Functions of the attorney general.--The Attorney
General shall carry out any function of the Commission under
this subsection that the Attorney General carries out under
section 107 of the ADA (42 U.S.C. 12117).
(c) Relief.--
(1) Civil action by attorney general or commissioner.--In a
civil action brought under subsection (a)(1) or (b)(1), the
Attorney General or Commissioner may seek--
(A) a civil penalty and all appropriate injunctive
relief to bring the affected website or application
into compliance with section 4; and
(B) on behalf of affected individuals, all economic
and noneconomic damages including compensatory and
punitive damages.
(2) Civil action by others.--In a civil action brought
under subsection (a)(2) or (b)(2), the plaintiff may seek all
appropriate injunctive relief described in paragraph (1)(A) and
the damages described in paragraph (1)(B).
(3) Attorney's fees.--The prevailing plaintiff (other than
the United States) shall also be awarded reasonable attorney's
fees and costs.
SEC. 8. RECOMMENDATIONS.
(a) Advisory Committee.--
(1) In general.--The Attorney General and the Commission
shall establish a standing advisory committee (referred to in
this section as the ``Committee'') on accessible websites and
applications. The Committee shall be operated and receive
resources in accordance with the provisions of chapter of title
5, United States Code (commonly known as the ``Federal Advisory
Committee Act''), as an advisory committee under the authority
of the Attorney General and Commission.
(2) Composition.--In establishing the Committee, the
Attorney General and the Commission--
(A) shall include on the Committee--
(i) individuals with disabilities
(comprising a majority of the members of the
Committee) who are--
(I) individuals who are blind
(including who have low vision), deaf,
hard of hearing, or deafblind;
(II) individuals who have speech
disabilities;
(III) individuals with physical
disabilities including those with
limited to no manual dexterity; and
(IV) individuals who have
disabilities not specified in any of
subclauses (I) through (III); and
(ii) experts regarding accessible websites
and applications for individuals with
disabilities; and
(B) may include on the Committee representatives
of--
(i) State and local government;
(ii) covered entities, including such
entities who are small entities;
(iii) commercial providers;
(iv) testing entities; and
(v) other entities determined to be
appropriate by the Attorney General and the
Commission.
(3) Functions.--The Committee shall provide responsive
advice and guidance to the Attorney General and the Commission,
for purposes of carrying out this Act, by--
(A) conducting public meetings twice per year, at a
minimum;
(B) submitting reports and recommendations to the
Attorney General and Commission, and making the reports
and recommendations publicly available, every 2 years
at a minimum; and
(C) otherwise assisting the Attorney General and
Commission in identifying and understanding the impact
and implications of innovations with regard to
accessible websites and applications.
(b) Conferring.--The Attorney General and the Commission, in
carrying out this Act, may confer with the National Council on
Disability, the Architectural and Transportation Barriers Compliance
Board, or any other Federal department or agency that may have relevant
expertise or experience.
SEC. 9. TECHNICAL ASSISTANCE.
(a) Purpose.--It is the purpose of this section to establish a
technical assistance center to provide, to covered entities, commercial
providers, individuals with disabilities, and other members of the
public, information, resources, training, and technical assistance
regarding--
(1) the design, development, construction, alteration,
modification, or addition of accessible websites and
applications in accordance with this Act; and
(2) the rights of individuals with disabilities, covered
entities, and commercial providers to access websites and
applications in accordance with the ADA (42 U.S.C. 12101 et
seq.) and this Act.
(b) Support for Training and Technical Assistance.--From amounts
made available under section 13, the Attorney General, in coordination
with the Commission, the Secretary of Education, and other heads of
Federal agencies, as appropriate shall award, on a competitive basis,
at least 1 grant, contract, or cooperative agreement to a qualified
training and technical assistance provider to support the development,
establishment, and procurement of accessible websites and applications.
(c) Application.--
(1) In general.--To be eligible to receive a grant,
contract, or cooperative agreement under this section, an
entity shall submit an application to the Attorney General at
such time, in such manner, and containing such information as
the Attorney General may require.
(2) Input.--In awarding a grant, contract, or cooperative
agreement under this section and in reviewing the activities
proposed under the applications described in paragraph (1), the
Attorney General, in coordination with the Commission, the
Secretary of Education, and other heads of Federal agencies, as
appropriate--
(A) shall consider the input of--
(i) individuals with disabilities who are--
(I) individuals who are blind
(including individuals who have low
vision), deaf, hard of hearing, or
deafblind;
(II) individuals who have speech
disabilities;
(III) individuals with physical
disabilities, including individuals
with limited to no manual dexterity;
and
(IV) individuals who have
disabilities not specified in any of
subclauses (I) through (III); and
(ii) experts regarding accessible websites
and applications for use by individuals with
disabilities; and
(B) may consider the input of--
(i) State and local government;
(ii) covered entities;
(iii) commercial providers;
(iv) testing entities; and
(v) other entities determined to be
appropriate by the Attorney General, in
coordination with the Commission, the Secretary
of Education, and other heads of Federal
agencies, as appropriate.
(d) Authorized Activities.--
(1) Use of funds.--
(A) Requests for information.--An entity receiving
a grant, contract, or cooperative agreement under this
section shall support a training and technical
assistance program that addresses information requests,
concerning accessible websites and applications, from
covered entities and commercial providers, including
requests for information regarding--
(i) effective approaches for developing,
establishing, and procuring accessible websites
and applications;
(ii) state-of-the-art, or model, Federal,
State, and local laws, regulations, policies,
practices, procedures, and organizational
structures, that facilitate, and overcome
barriers to, receipt of funding for, and access
to, accessible websites and applications; and
(iii) examples of policies, practices,
procedures, regulations, or judicial decisions
that have enhanced or may enhance access to and
receipt of funding for accessible websites and
applications.
(B) Coordination.--An entity receiving a grant,
contract, or cooperative agreement under this section
may also provide technical assistance and training,
concerning accessible websites and applications, for
covered entities and commercial providers by--
(i) facilitating onsite and electronic
information sharing using state-of-the-art
internet technologies such as real-time online
discussions, multipoint video conferencing, and
web-based audio or video broadcasts, on
emerging topics regarding accessible websites
and applications;
(ii) convening experts to discuss and make
recommendations with regard to national
emerging issues regarding accessible websites
and applications;
(iii) sharing best practices and evidence-
based practices in developing, establishing,
and procuring accessible websites and
applications;
(iv) supporting and coordinating activities
designed to reduce the financial costs of
purchasing technology needed to access
accessible websites and applications; and
(v) carrying out such other activities as
the Attorney General, in coordination with the
Commission, the Secretary of Education, and
other heads of Federal agencies, as appropriate
may require.
(C) Collaboration.--In developing and providing
training and technical assistance under this section,
an entity receiving a grant, contract, or cooperative
agreement under this section shall collaborate with--
(i) organizations representing individuals
with disabilities;
(ii) organizations or entities that provide
services for individuals with disabilities,
such as centers for independent living, as
defined in section 702 of the Rehabilitation
Act of 1973 (29 U.S.C. 796a);
(iii) entities, such as the World Wide Web
Consortium and the National Institute of
Standards and Technology, that develop
international standards for accessible websites
and applications;
(iv) existing (existing as of the date of
the application for the award involved)
technical assistance entities, such as the ADA
National Network;
(v) Federal, State, and territorial
agencies that provide assistance to small
businesses;
(vi) organizations or entities representing
State or local government, and educational
website and technology professionals;
(vii) entities or individuals with
expertise and experience in enforcing
disability rights law; and
(viii) other entities and technical
assistance providers determined to be
appropriate by the Attorney General, in
coordination with the Commission, the Secretary
of Education, and other heads of Federal
agencies, as appropriate.
(D) Grant administration.--An entity receiving a
grant, contract, or cooperative agreement under this
section may use funds made available under section 13
to administer a program to make subgrants to small
entities, pursuant to section 11.
SEC. 10. STUDY AND REPORT ON EMERGING TECHNOLOGIES.
(a) Study and Report.--
(1) In general.--The National Council on Disability (in
this section referred to as the ``Council'') shall conduct a
study and prepare a report on--
(A) the effect that emerging technologies have on
the ability of individuals with disabilities to
participate in employment, education, government,
health care, commerce, culture, and other aspects of
society; and
(B) the effectiveness of this Act in achieving its
purpose.
(2) Consideration of effect on individuals with particular
barriers.--In conducting the study and preparing the report,
the Council shall consider the effect of emerging technologies
on individuals with disabilities who use those technologies and
have particular barriers to such participation and
communication, such as individuals with disabilities using
those technologies--
(A) who have limited language or limited English
language;
(B) who have significant or targeted disabilities
(including people who are blind, deaf, or deafblind);
(C) who have disabilities limiting communication;
(D) whose household income is at or below 200
percent of the poverty line, as defined by the Federal
poverty guidelines of the Department of Health and
Human Services;
(E) who lack access to broadband services and
technology; or
(F) who are multiply marginalized due to race,
ethnicity, national origin, age, sex, sexual
orientation, gender identity, or socioeconomic status.
(b) Submission of Report.--Five years after the date of enactment
of this Act, the Council shall submit the report required under
subsection (a) to the appropriate committees of Congress, which shall
at minimum include the Committee on Health, Education, Labor, and
Pensions and the Committee on the Judiciary of the Senate and the
Committee on Education and Labor and the Committee on the Judiciary of
the House of Representatives.
SEC. 11. GRANTS TO SMALL ENTITIES.
(a) Purpose.--The purpose of this section is to award grants to
provide assistance to small entities to enable the entities to
remediate existing (as of the date of application for the award)
websites and applications to enable the small entities to comply with
the regulations established under this Act.
(b) Support for Remediation Activities.--
(1) In general.--From amounts made available under section
13, for each of the first 5 years after the date of issuance,
the recipient of the award under section 9 (relating to a
technical assistance center), in coordination with the Attorney
General and the Commission, shall award grants, in amounts not
to exceed $10,000, to small entities to support auditing,
testing, and remediating inaccessible websites or applications
or to support procurement of accessible websites and
applications to replace inaccessible websites or applications,
in accordance with this Act.
(2) Date of issuance.--In this subsection, the term ``date
of issuance'' means the date that is the earlier of the first
day on which a final rule is issued under section 5(a) and the
first day on which a final rule is issued under section 5(b).
(c) Application.--To be eligible to receive a grant under this
section, a small entity shall submit an application to the Attorney
General and the Commission (or the recipient of the award under section
9) at such time, in such manner, and containing such information as the
Attorney General and the Commission (or the recipient of the award
under section 9) may require. At a minimum, the applicant shall
demonstrate--
(1) that the entity is a small entity;
(2)(A) if the entity is a covered entity, that it owns,
operates, or utilizes an inaccessible website or application
that requires remediation or replacement for the entity to
comply with this Act; or
(B) if the entity is a commercial provider, that it
provides, to a covered entity, an inaccessible website or
application that requires remediation for the provider to
comply with this Act; and
(3) that the small entity has a plan to remediate or
replace, as appropriate, the inaccessible website or
application, so that the entity complies with this Act.
(d) Authorized Activities.--A small entity receiving a grant under
this section--
(1) may use the grant funds, directly or through a
subgrant, to audit, test, or remediate the inaccessible website
or application or procure a new accessible website or
application to replace the inaccessible website or application;
(2) shall use the grant funds to demonstrate that the
resulting website or application is accessible; and
(3) may not use the grant funds to design, develop, or
procure an inaccessible website or application.
SEC. 12. RULES OF CONSTRUCTION.
(a) Other Provisions of Law.--Nothing in this Act shall be
construed to affect the scope of obligations imposed by any other
provision of law, including--
(1) section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), title II or III of the ADA (42 U.S.C. 12131 et
seq.), and section 1557 of the Patient Protection and
Affordable Care Act (42 U.S.C. 18116), that, consistent with
this Act, prohibit an exclusion, denial, or any other
discrimination described in section 4(a) by a covered entity,
including any public accommodation, whether or not the entity
has a physical location or is digital only, and whether or not
such exclusion, denial, or discrimination takes place in a
physical or digital location; and
(2) section 508 of the Rehabilitation Act of 1973 (29
U.S.C. 794d) and section 255 of the Communications Act of 1934
(47 U.S.C. 255).
(b) Relationship to Other Laws.--Nothing in this Act shall be
construed to invalidate or limit the remedies, rights, and procedures
of any Federal law or law of any State or political subdivision of any
State or jurisdiction, that provides greater or equal protection for
the rights of individuals with disabilities than is afforded by this
Act.
(c) Consistent Regulations.--Regulations promulgated under this Act
shall be consistent with, and shall not contain a standard less
protective of individuals with disabilities than, the standards
contained in--
(1) any regulations issued by the Attorney General or the
Commission pursuant to--
(A) title I of the ADA (42 U.S.C. 12111 et seq.)
for digital access to an item related to an activity
described in section 102 of the ADA (42 U.S.C. 12112),
by covered entities;
(B) title II of the ADA (42 U.S.C. 12131 et seq.)
for digital access to services, programs, or
activities, or information related to such services,
programs, or activities of covered entities; or
(C) title III of the ADA (42 U.S.C. 12181 et seq.)
for digital access to goods, services, facilities,
privileges, advantages, accommodations, or information
related to such goods, services, facilities,
privileges, advantages, or accommodations of covered
entities; and
(2) the regulations issued by the Federal Communications
Commission for video programming and communications services
provided via websites and applications.
(d) Prohibition on Notification Requirement.--The Attorney General
and the Commission shall not include, in the accessibility regulations,
any requirement that an individual shall notify a covered entity of an
allegation of a violation of this Act prior to commencing a civil
action under this Act.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $35,150,000 for each of
fiscal years 2024 through 2033 to carry out this Act.
SEC. 14. EFFECTIVE DATE.
This Act shall take effect 6 months after the date of enactment of
this Act, except that section 4 shall apply to covered entities or
commercial providers 12 months after that date of enactment.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Education and the Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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