[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2984 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2984

     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 SENATE OF THE UNITED STATES

           September 28 (legislative day, September 22), 2023

Ms. Duckworth (for herself, Ms. Warren, and Mr. Markey) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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.
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