[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8478 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8478

    To amend the Americans with Disabilities Act of 1990 to include 
consumer facing websites and mobile applications owned or operated by a 
private entity, to establish web accessibility compliance standards for 
     such websites and mobile applications, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 1, 2020

 Mr. Budd (for himself and Mr. Correa) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
    To amend the Americans with Disabilities Act of 1990 to include 
consumer facing websites and mobile applications owned or operated by a 
private entity, to establish web accessibility compliance standards for 
     such websites and mobile applications, 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 ``Online Accessibility Act''.

SEC. 2. AMENDMENT TO THE AMERICANS WITH DISABILITIES ACT OF 1990 
              RELATING TO CONSUMER FACING WEBSITES AND MOBILE 
              APPLICATIONS OWNED OR OPERATED BY A PRIVATE ENTITY.

    The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
seq.) is amended by adding at the end the following new title:

 ``TITLE VI--CONSUMER FACING WEBSITES AND MOBILE APPLICATIONS OWNED OR 
                      OPERATED BY A PRIVATE ENTITY

``SEC. 601. REQUIREMENTS FOR CONSUMER FACING WEBSITES AND MOBILE 
              APPLICATIONS OWNED OR OPERATED BY A PRIVATE ENTITY.

    ``(a) General Rule.--No individual, by reason of a disability, 
shall be excluded from participation in or be denied the full and equal 
benefits of the services of a consumer facing website or mobile 
application, or be subjected to discrimination by any private owner or 
operator of a consumer facing website or mobile application.
    ``(b) Standard for Compliance.--
            ``(1) In general.--A consumer facing website or mobile 
        application shall be considered compliant under the 
        requirements of this section if such website or mobile 
        application is in substantial compliance with the Web Content 
        Accessibility Guidelines (referred to in this title as WCAG) 
        2.0 Level A and Level AA standard established by the 
        Accessibility Guidelines Working Group, or any subsequent 
        update, revision, or replacement to the WCAG 2.0 Level A and 
        Level AA standard published by the World Wide Web Consortium or 
        successor organization.
            ``(2) Alternative means of access.--A private entity that 
        owns or operates a consumer facing website or mobile 
        application that is not in substantial compliance with the 
        standard set forth under paragraph (1) shall provide an 
        alternative means of access for individuals with disabilities 
        that is equivalent to access the content available on such 
        website or mobile application.
    ``(c) Regulation.--
            ``(1) Access board.--
                    ``(A) In general.--The Architectural and 
                Transportation Barriers Compliance Board (referred to 
                in this title as the `Access Board'), shall issue and 
                publish standards setting forth--
                            ``(i) for purposes of this title, a 
                        definition of `substantial compliance', 
                        `alternative means of access', and `consumer 
                        facing website or mobile application'; and
                            ``(ii) regulations necessary to implement 
                        the standard set forth in subsection (b).
                    ``(B) Timing of regulations.--For purposes of this 
                title:
                            ``(i) Not later than 180 days after the 
                        date of the enactment of this Act, the Access 
                        Board shall promulgate a notice of proposed 
                        rulemaking.
                            ``(ii) Upon issuance of the notice under 
                        clause (i), the Access Board shall solicit 
                        comments from the public on such proposed rule 
                        for a period of 90 days.
                            ``(iii) After the Access Board has reviewed 
                        the comments solicited under clause (ii) and 
                        revised such proposed rule, the Office of 
                        Management and Budget shall conduct a 
                        regulatory assessment of the rule for a period 
                        not to exceed 90 days.
                            ``(iv) Not later than 365 days after the 
                        Office of Management and Budget has completed 
                        the regulatory assessment under clause (iii), 
                        the Access Board shall issue final regulations.
                    ``(C) Review and amendment.--The Access Board shall 
                periodically review and, as appropriate, amend the 
                standard required under subsection (b) to reflect 
                technological advances or changes in electronic and 
                information technology.
            ``(2) Department of justice.--No later than 365 days after 
        the end of the comment period under subparagraph (B)(ii), the 
        Attorney General shall establish a procedure for receiving and 
        investigating complaints filed under this title.
            ``(3) Flexibility for small business concerns.--Regulations 
        established under this section shall include flexibility for 
        small business concerns to comply with the standard under 
        subsection (b).

``SEC. 602. ADMINISTRATIVE REMEDIES.

    ``(a) Exhaustion of Administrative Remedies.--No individual may 
bring an action before a civil court to enforce the provisions of this 
title until all administrative remedies under this section have been 
exhausted.
    ``(b) Notice to Owner or Operator.--Prior to filing a complaint 
with the Attorney General under subsection (c), an individual must 
first notify the private owner or operator of a consumer facing website 
or mobile application that such website or mobile application is not in 
compliance with the standard for compliance under section 601 of this 
title.
            ``(1) If within 90 days of receiving notice under 
        subsection (b) the owner or operator of a consumer facing 
        website or mobile application fails to bring such website or 
        such application into compliance with the requirement under 
        section 601 of this title, an individual may file a complaint 
        with the Department.
            ``(2) If an individual files a complaint with the 
        Department of Justice (referred to in this title as the 
        `Department') under paragraph (1), a copy of such complaint 
        shall be provided to the owner or operator of a consumer facing 
        website or mobile application.
    ``(c) Reporting of Violations to Attorney General.--
            ``(1) Deadline to file complaint.--If an individual files a 
        complaint with the Department, such complaint shall be filed 
        within the 90-day period beginning on the date after the 90-day 
        period under subsection (b)(1) has terminated.
            ``(2) Investigation by attorney general.--Upon receiving a 
        complaint of an alleged violation, the Attorney General shall 
        complete an investigation within 180 days to determine whether 
        a violation exists.
            ``(3) Final agency determination.--The Attorney General 
        shall be considered to have made a final determination on a 
        complaint if--
                    ``(A) during the 180-day period after a complaint 
                has been filed with the Department, the Attorney 
                General determines the owner or operator of a consumer 
                facing website or mobile application is not in 
                compliance with the standard set forth under section 
                601; or
                    ``(B) the 180-day period expires without the 
                Attorney General having made such a final 
                determination.
    ``(d) Enforcement by Attorney General.--
            ``(1) Denial of rights.--
                    ``(A) Duty to investigate.--
                            ``(i) In general.--The Attorney General 
                        shall investigate alleged violations of this 
                        title, and shall undertake periodic reviews of 
                        compliance of consumer facing websites and 
                        mobile applications under this title.
                            ``(ii) Attorney general certification.--On 
                        the application of a State or local government, 
                        the Attorney General may, in consultation with 
                        the Access Board, and after prior notice and a 
                        public hearing at which persons, including 
                        individuals with disabilities, are provided an 
                        opportunity to testify against such 
                        certification, certify that a State law or 
                        local ordinance that establishes accessibility 
                        requirements that meets or exceeds the minimum 
                        requirements of this Act for the accessibility 
                        and usability of consumer facing websites and 
                        mobile applications under this title. At any 
                        enforcement proceeding under this section, such 
                        certification by the Attorney General shall be 
                        rebuttable evidence that such State law or 
                        local ordinance does meet or exceed the minimum 
                        requirements of this Act.
                    ``(B) Potential violation.--If the Attorney General 
                has reasonable cause to believe that--
                            ``(i) any person or group of persons is 
                        engaged in a pattern or practice of 
                        discrimination under this title; or
                            ``(ii) any person or group of persons has 
                        been discriminated against under this title and 
                        such discrimination raises an issue of general 
                        public importance,
                the Attorney General may commence a civil action in any 
                appropriate United States district court.
            ``(2) Authority of court.--In a civil action under 
        paragraph (1)(B), the court may--
                    ``(A) grant any equitable relief that such court 
                considers to be appropriate;
                    ``(B) order monetary damages to persons aggrieved 
                when requested by the Attorney General; and
                    ``(C) assess a civil penalty against the entity in 
                an amount--
                            ``(i) not to exceed $20,000 for a first 
                        violation; and
                            ``(ii) not to exceed $50,000 for any 
                        subsequent violation.
            ``(3) Punitive damages.--For purposes of paragraph (2)(B), 
        the term `monetary damages' and `such other relief' does not 
        include punitive damages.
            ``(4) Single violation.--For purposes of paragraph (2)(C), 
        in determining whether a first or subsequent violation has 
        occurred, a determination in a single action, by judgment or 
        settlement, that the consumer facing website or mobile 
        application has engaged in more than one discriminatory act 
        shall be counted as a single violation.
            ``(5) Judicial consideration.--In a civil action under 
        paragraph (1)(B), the court, when considering what amount of 
        civil penalty, if any, is appropriate, shall give consideration 
        to any good faith effort or attempt to comply with this Act by 
        the entity.

``SEC. 603. PRIVATE RIGHT OF ACTION.

    ``(a) In General.--Upon exhausting all administrative remedies 
under section 602, any individual aggrieved by a violation of this 
title may commence a civil action in any appropriate court of the 
United States against the owner or operator of a consumer facing 
website or mobile application that engages in such a violation, unless 
the Attorney General has instituted an enforcement action under this 
title. A civil action under this title is the sole and exclusive remedy 
for any person aggrieved by the failure of any consumer facing website 
or mobile application to meet the requirements of section 601. In any 
action filed under this title, the complaint shall plead with 
particularity each element of the plaintiff's claim, including the 
specific barriers to access a consumer facing website or mobile 
application.
    ``(b) Tolling.--With respect to the running of the statutory 
periods of limitation for such action, the running of such statutory 
periods shall be deemed suspended during the period beginning on the 
date of the enactment of this Act and ending 180 days after the date 
the Access Board has issued final regulations under section 601.

``SEC. 604. DEFINITIONS.

    ``In this Act:
            ``(1) Consumer facing website.--The term `consumer facing 
        website' means any website that is purposefully made accessible 
        to the public for commercial purposes.
            ``(2) Mobile applications.--The term `mobile application' 
        means a consumer facing software application that can be 
        executed on a mobile platform, or a web-based software 
        application that is tailored to a mobile platform but is 
        executed on a server.
            ``(3) Small business.--The term `small business concern' 
        has the meaning given such term in section 3(a) of the Small 
        Business Act (15 U.S.C. 632(a)).''.

SEC. 3. CLERICAL AMENDMENT.

    The table of contents of the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.) is amended by inserting after the item 
relating to section 515 the following new item:

      ``TITLE VI--CONSUMER FACING WEBSITES AND MOBILE APPLICATIONS

``Sec. 601. Requirements for consumer facing websites and mobile 
                            applications owned or operated by a private 
                            entity.
``Sec. 602. Administrative remedies.
``Sec. 603. Private right of action.
``Sec. 604. Definitions.''.
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