(III) a single component of which 
may have both platform and non-plat-
form aspects. 
(ii) PLATFORM.—For purposes of 
clause (i), the term ‘‘platform’’ includes— 
(I) a desktop operating system; 
(II) an embedded operating sys-
tem, 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 al-
lows 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 re-
lated data or documentation), that directs 
the use and operation of information and 
communication technology to perform a 
given task or function; and 
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(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 func-
tion is the development of other soft-
ware; and 
(II) that usually comes in the 
form of an Integrated Development 
Environment (IDE) and is an applica-
tion suite of related products and util-
ities. 
(ii) INTEGRATED DEVELOPMENT EN-
VIRONMENT.—In clause (i), the term ‘‘In-
tegrated 
Development 
Environment’’ 
means an application such as— 
(I) Microsoft® Visual Studio 
Code®; 
(II) Apple® Xcode®; and 
(III) 
Eclipse 
Foundation 
Eclipse®. 
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(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 en-
tity’’ means any person whose operations affect com-
merce, 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 edu-
cation, professional, or trade purposes. 
(28) UNDERSTANDABLE.—The term ‘‘under-
standable’’, used with respect to web content or an 
application, means that the components of the user 
interface for the web content or application, includ-
ing 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 con-
tent’’ 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 inter-
actions. 
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(B) PRESENTATION.—The term ‘‘presen-
tation’’ 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 uti-
lized 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 dis-
ability 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 serv-
ices, programs, or activities, including informa-
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tion offered through web content or an applica-
tion owned, operated, or utilized, for a covered 
use, by a public entity; or 
(B) be otherwise subjected to discrimina-
tion related to web content or an application 
owned, operated, or utilized for covered use by 
a public entity. 
(3) PUBLIC ACCOMMODATION AND TESTING EN-
TITY.—No individual shall be discriminated against 
on the basis of disability in the full and equal enjoy-
ment of the goods, services, facilities, privileges, ad-
vantages, or accommodations, or information related 
to such goods, services, facilities, privileges, advan-
tages, or accommodations, including information of-
fered through web content or an application owned, 
operated, or utilized for covered use by a public ac-
commodation 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 en-
gages in an activity described in section 102 of the 
ADA (42 U.S.C. 12112), or that provides goods, 
services, facilities, privileges, advantages, accom-
modations, programs, activities, including informa-
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tion related to such goods, services, facilities, privi-
leges, advantages, accommodations, programs, or ac-
tivities, 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 commu-
nications with individuals without disabilities. 
(c) COMMERCIAL PROVIDERS.—No commercial pro-
vider 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 cov-
ered use that is not accessible. 
(d) DEFENSES AND EXEMPTIONS.— 
(1) EMPLOYMENT ENTITIES.—With respect to 
a claim that an employment entity violated this sec-
tion, the entity shall not be considered to have vio-
lated this section if compliance with this section— 
(A) would impose an undue burden on the 
entity; or 
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tion, 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, ad-
vantages, 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 cov-
ered use. Such notice shall propose regulations 
to implement the accessibility obligations of this 
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Act, and include standards for accessible web 
content and applications that offer equally ef-
fective 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 consid-
ered 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 accessi-
bility of web content and applications applicable 
to the covered entities, and the commercial pro-
viders, described in paragraph (1), for covered 
use. Such final rule shall implement the accessi-
bility obligations of this Act, include standards 
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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 enti-
ties, 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
AC-
TIONS.—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 docu-
ments specifying other resolutions, resulting from 
the initiation of enforcement actions, or filing of ad-
ministrative or civil actions, by the Attorney General 
pursuant to this Act concerning the covered entities, 
and the commercial providers, described in para-
graph (1). 
(b) EMPLOYMENT ENTITIES.— 
(1) NOTICE OF PROPOSED RULEMAKING.— 
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(A) ACCESSIBILITY.—Not later than 12 
months after the date of enactment of this Act, 
the Commission shall issue, for purposes of sec-
tion 4, a notice of proposed rulemaking regard-
ing the accessibility of web content and applica-
tions applicable to employment entities, and the 
commercial providers for employment entities, 
for covered use. Such notice shall propose regu-
lations 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 consid-
ered 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.— 
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(A) IN
GENERAL.—Not later than 24 
months after the date of enactment of this Act, 
the Commission shall issue, for purposes of sec-
tion 4, a final rule regarding the accessibility of 
web content and applications applicable to the 
employment entities, and the commercial pro-
viders, described in paragraph (1), for covered 
use. Such final rule shall implement the accessi-
bility 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 enti-
ties, 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
AC-
TIONS.—Not later than 6 months after such 
issuance, the Commission shall, to the extent per-
mitted by law, post publicly on the Commission 
website any and all settlement documents, and docu-
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ments specifying other resolutions, resulting from 
the initiation of enforcement actions, or filing of ad-
ministrative or civil actions, by the Commission pur-
suant to this Act concerning the employment enti-
ties, 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 there-
after, each Federal agency receiving complaints or engag-
ing in enforcement (including compliance reviews and in-
vestigations), administrative (including administrative res-
olution of a claim of a violation), or civil actions under 
this Act shall submit a report on the complaints and ac-
tivities to the Department and the Commission. The At-
torney General and the Commission shall, for each of the 
first 3 years and every 2 years thereafter, review com-
plaints 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 en-
tities that have documented experience and expertise in 
collecting and analyzing data associated with imple-
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menting reviews of complaints, and enforcement, adminis-
trative, and civil actions. 
(b) REPORT.—The Attorney General and the Com-
mission 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 Com-
mittee on Health, Education, Labor, and Pensions and the 
Committee on the Judiciary of the Senate and the Com-
mittee 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 fol-
lowing the date of issuance of the initial accessibility regu-
lations issued under this Act. 
SEC. 7. ENFORCEMENT AND ADMINISTRATIVE ACTION, AND 
PRIVATE RIGHT OF ACTION. 
(a) CIVIL ACTIONS BY ATTORNEY GENERAL OR COM-
MISSIONER.— 
(1) CIVIL ACTION BY ATTORNEY GENERAL.— 
(A) IN GENERAL.— 
(i) INVESTIGATION
AFTER
A
COM-
PLAINT.—On receiving a complaint filed by 
an individual with a disability, a class of 
individuals with disabilities, or an entity 
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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 accom-
modation, or testing entity of a violation of 
subsection (c), of section 4 (including a re-
lated provision of the final rule issued 
under section 5(a)), the Attorney General 
may conduct an investigation. The inves-
tigation shall consist of a review of the cor-
responding 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 pro-
vider, to determine whether the covered en-
tity or commercial provider has violated 
the corresponding provision of section 4. 
(ii) OTHER INVESTIGATION AND RE-
VIEW.—In addition, the Attorney General 
shall, on the Attorney General’s own au-
thority, investigate practices that may be 
violations of, and undertake periodic re-
views of compliance of such covered enti-
ties and commercial providers with, the 
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corresponding provision of section 4 (in-
cluding a related provision of the final rule 
issued under section 5(a)). 
(iii) 
DETERMINATION
OF
VIOLA-
TION.—If, after investigation or review 
under this subparagraph, the Attorney 
General determines that such a covered en-
tity 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 Attor-
ney General may take administrative ac-
tion (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 Gen-
eral brings such a civil action based on a com-
plaint filed by an individual, class of individ-
uals, or entity, described in subparagraph (A), 
including a covered entity described in subpara-
graph (A) alleging a violation by a commercial 
provider, such individual, class, or entity shall 
have the right to intervene in such civil action. 
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(2) CIVIL ACTION BY OTHERS.—An individual, 
class, or entity, described in paragraph (1)(A), in-
cluding a covered entity described in paragraph 
(1)(A) alleging a violation by a commercial provider, 
may bring a civil action alleging a violation of para-
graph (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 ex-
hausting any other administrative remedies. 
(b) EMPLOYMENT ENTITIES.— 
(1) CIVIL ACTION BY COMMISSIONER.— 
(A) IN GENERAL.— 
(i) INVESTIGATION
AFTER
A
COM-
PLAINT.—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 com-
plaint filed by an employment entity of a 
violation of subsection (c), of section 4 (in-
cluding a related provision of the final rule 
issued under section 5(b)), the Commission 
may conduct an investigation. The inves-
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tigation shall consist of a review of the cor-
responding web content or application 
owned, operated, or utilized for covered use 
by an employment entity, or provided to an 
employment entity by a commercial pro-
vider, to determine whether the employ-
ment entity or commercial provider has 
violated the corresponding provision of sec-
tion 4. 
(ii) OTHER INVESTIGATION AND RE-
VIEW.—In addition, the Commission shall, 
on the Commission’s own authority, inves-
tigate practices that may be violations of, 
and undertake periodic reviews of compli-
ance of employment entities and commer-
cial providers with, the corresponding pro-
vision of section 4 (including a related pro-
vision of the final rule issued under section 
5(b)). 
(iii) 
DETERMINATION
OF
VIOLA-
TION.—If, after investigation or review de-
scribed in this subparagraph, the Commis-
sion determines that an employment entity 
or commercial provider has violated the 
corresponding provision of section 4 (in-
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cluding 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 dis-
trict 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 subpara-
graph (A), including an employment entity al-
leging 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 in-
dividual, 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 sec-
tion 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 administra-
tive remedies. 
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