H.R. 3417

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3417 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 3417

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

May 14, 2025

Mr. Sessions (for himself and Mr. Hoyer) introduced the following bill; 
which was referred to the Committee on Education and 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 2025''.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds the following:
(1) Section 2(b)(1) of the Americans with Disabilities Act 
of 1990 (ADA) 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 Department of Justice has also promulgated 
regulations implementing section 202 of the ADA to establish 
specific requirements, including the adoption of specific 
technical standards, for making accessible the services, 
programs, and activities offered by public entities to the 
public through the web and mobile applications.
(6) The activities of a vast number of ADA-covered entities 
now occur in whole or in part through websites and 
applications, a shift that was 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.
(7) Despite the ADA's clear language covering all terms, 
conditions, and privileges of employment and certain actions of 
employers; all services, programs, and activities of public 
entities; and all goods, services, facilities, privileges, 
advantages, and accommodations of public accommodations, 
including when conducted through websites and applications, 
most websites and applications of entities covered by the ADA 
contain significant barriers for individuals with disabilities.
(8) Consistent with, Congress' intention 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 and mobile applications 
are accessible to individuals with disabilities.
(9) Some courts have misconstrued section 302 of the ADA, 
despite the clear language of the ADA's provisions. 10 Some 
courts have said Section 302 only covers public accommodations 
that are physical places. In addition, some courts have said 
that section 302 only covers certain websites of public 
accommodations depending on the relationship between the 
website and a physical place. Section 302's coverage is not 
limited to physical places. Section 302 covers all websites and 
applications of public accommodations, regardless of whether 
the public accommodation is a physical place or regardless of 
the relationship between a website or application and a 
physical place.
(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 additional 
standards for websites, electronic documents, and software 
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 web content or an 
application, means a perceivable, operable, understandable, and 
robust web content or an application that enables individuals 
with disabilities to access the same information as, to engage 
in the same interactions as, to conduct the same transactions 
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 web content 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 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;
(B) use by a public entity to provide to an 
applicant, participant, or other member of the public a 
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), including information related to such 
service, program, or activity; and
(C) use by a public accommodation or testing entity 
to provide to customers or other members of the public 
a good, service, facility, privilege, advantage, or 
accommodation, including information related to such 
good, service, facility, privilege, advantage, or 
accommodation, regardless of whether the public 
accommodation or testing entity owns, operates, or 
utilizes a physical location for covered use.
(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, web content, 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 
web content or an application, means that user interface 
components and navigation for the web content or application 
can be operated by individuals with disabilities.
(19) Perceivable.--The term ``perceivable'', used with 
respect to web content or an application, means that 
information and user interface components for the web content 
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) that owns, 
operates, or utilizes web content or an 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 web 
content or an application, means web content or an 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 development 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 (IDE) and is an application 
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 Code;
(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 web content or an application, means that the 
components of the user interface for the web content or 
application, including any input fields, error messages, and 
correction opportunities, are predictable and can be understood 
and used by individuals with disabilities.
(29) Web content and related terms.--
(A) Web content.--The term ``web content'' means 
information and sensory experience communicated to a 
user by means of a user agent, including code or markup 
that defines the content's structure, presentation, and 
interactions.
(B) Presentation.--The term ``presentation'' means 
the rendering of the content in a form to be perceived 
by users.
(C) Structure.--The term ``structure'' means the 
way in which the parts of a web page are organized in 
relation to each other and how a collection of web 
pages is organized.
(D) User agent.--The term ``user agent'' means any 
software that retrieves and presents web content for 
users.

SEC. 4. ACCESS TO WEB CONTENT AND APPLICATIONS.

(a) General Rules for Covered Entities.--
(1) Employment entity.--No employment entity shall subject 
to discrimination, related to web content or an 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, including information offered through web 
content or an application owned, operated, or utilized, 
for a covered use, by a public entity; or
(B) be otherwise subjected to discrimination 
related to web content or an 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, including 
information offered through web content or an 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, including 
information related to such goods, services, facilities, 
privileges, advantages, accommodations, programs, or 
activities, through web content or an application shall ensure 
that such content or application is accessible.
(2) Effective communications.--A covered entity shall 
ensure that communications through web content and applications 
with applicants, employees, participants, customers, and other 
members of the public with disabilities are as effective as 
communications with individuals without disabilities.
(c) Commercial Providers.--No commercial provider shall design, 
develop, construct, alter, modify, or add to an application or any web 
content for a covered entity for covered use in a manner that results 
in the content or application not being accessible, or otherwise 
provide web content or an 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, or activities, including 
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, including 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, including 
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 web 
content 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 web content and applications 
that offer equally effective experiences for users with 
disabilities and users without disabilities.
(B) Small entities.--In proposing the regulations 
described in subparagraph (A), the Attorney General 
shall--
(i) determine which covered entities and 
commercial providers should be considered small 
entities for the purposes of this Act; and
(ii) take into account the capabilities of 
small entities, such as small businesses, to 
comply with standards for accessible web 
content 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 web content 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 web content 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, 3 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 web content 
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 web content and 
applications that offer equally effective experiences 
for users with disabilities and users without 
disabilities.
(B) Small entities.--In proposing the regulations 
described in subparagraph (A), the Commission shall--
(i) determine which covered entities and 
commercial providers should be considered small 
entities for the purposes of this Act; and
(ii) take into account the capabilities of 
small entities, such as small businesses, to 
comply with standards for accessible web 
content 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 web content 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 web content 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 
Workforce 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) Civil Actions by Attorney General or Commissioner.--
(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 web content 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 commissioner.--
(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 web content 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 web content 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 web content 
and applications. The Committee shall be operated and receive 
resources in accordance with the provisions of chapter 10 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);
(ii) experts regarding accessible web 
content and applications for individuals with 
disabilities; and
(iii) at least one representative from the 
United States Access Board; 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 web content and applications.
(b) Conferring.--The Attorney General and the Commission, in 
carrying out this Act, shall 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 web content and 
applications in accordance with this Act; and
(2) the rights of individuals with disabilities, covered 
entities, and commercial providers to access web content 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, the United States 
Access Board, 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 web content 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);
(ii) experts regarding accessible web 
content and applications for use by individuals 
with disabilities; and
(iii) the United States Access Board; 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 web content and applications, 
from covered entities and commercial providers, 
including requests for information regarding--
(i) effective approaches for developing, 
establishing, and procuring accessible web 
content 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 web content 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 web content 
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 web content 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 web 
content and applications;
(ii) convening experts to discuss and make 
recommendations with regard to national 
emerging issues regarding accessible web 
content and applications;
(iii) sharing best practices and evidence-
based practices in developing, establishing, 
and procuring accessible web content and 
applications;
(iv) supporting and coordinating activities 
designed to reduce the financial costs of 
purchasing technology needed to access 
accessible web content and applications; and
(v) carrying out such other activities as 
the Attorney General, in coordination with the 
Commission, the Secretary of Education, the 
United States Access Board, 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 web 
content 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 web 
content 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, the United States Access Board, 
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 Workforce 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 or replace existing (as of the date of application for the 
award) web content 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 web content or 
applications or to support procurement of accessible web 
content and applications to replace inaccessible web content 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 inaccessible web content or an 
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, inaccessible web content or an 
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 web content 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 web 
content or application or procure new accessible web content or 
an application to replace the inaccessible web content or 
application;
(2) shall use the grant funds to demonstrate that the 
resulting web content or application is accessible; and
(3) may not use the grant funds to design, develop, or 
procure inaccessible web content or an inaccessible 
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 I, 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); 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, including 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, including 
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 web content 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 or 
commercial provider 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 2026 through 2035 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 and 
commercial providers 12 months after that date of enactment.
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