I 
116TH CONGRESS 
2D SESSION 
H. R. 8478 
To amend the Americans with Disabilities Act of 1990 to include consumer 
facing websites and mobile applications owned or operated by a private 
entity, to establish web accessibility compliance standards for such 
websites and mobile applications, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 1, 2020 
Mr. BUDD (for himself and Mr. CORREA) introduced the following bill; which 
was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Americans with Disabilities Act of 1990 to 
include consumer facing websites and mobile applications 
owned or operated by a private entity, to establish web 
accessibility compliance standards for such websites and 
mobile applications, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Online Accessibility 
Act’’. 
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SEC. 2. AMENDMENT TO THE AMERICANS WITH DISABIL-
ITIES ACT OF 1990 RELATING TO CONSUMER 
FACING WEBSITES AND MOBILE APPLICA-
TIONS OWNED OR OPERATED BY A PRIVATE 
ENTITY. 
The Americans with Disabilities Act of 1990 (42 
U.S.C. 12101 et seq.) is amended by adding at the end 
the following new title: 
‘‘TITLE VI—CONSUMER FACING 
WEBSITES AND MOBILE AP-
PLICATIONS OWNED OR OP-
ERATED BY A PRIVATE ENTI-
TY 
‘‘SEC. 
601. 
REQUIREMENTS 
FOR 
CONSUMER 
FACING 
WEBSITES 
AND 
MOBILE 
APPLICATIONS 
OWNED OR OPERATED BY A PRIVATE ENTITY. 
‘‘(a) GENERAL RULE.—No individual, by reason of 
a disability, shall be excluded from participation in or be 
denied the full and equal benefits of the services of a con-
sumer facing website or mobile application, or be subjected 
to discrimination by any private owner or operator of a 
consumer facing website or mobile application. 
‘‘(b) STANDARD FOR COMPLIANCE.— 
‘‘(1) IN GENERAL.—A consumer facing website 
or mobile application shall be considered compliant 
under the requirements of this section if such 
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website or mobile application is in substantial com-
pliance with the Web Content Accessibility Guide-
lines (referred to in this title as WCAG) 2.0 Level 
A and Level AA standard established by the Accessi-
bility Guidelines Working Group, or any subsequent 
update, revision, or replacement to the WCAG 2.0 
Level A and Level AA standard published by the 
World Wide Web Consortium or successor organiza-
tion. 
‘‘(2) ALTERNATIVE MEANS OF ACCESS.—A pri-
vate entity that owns or operates a consumer facing 
website or mobile application that is not in substan-
tial compliance with the standard set forth under 
paragraph (1) shall provide an alternative means of 
access for individuals with disabilities that is equiva-
lent to access the content available on such website 
or mobile application. 
‘‘(c) REGULATION.— 
‘‘(1) ACCESS BOARD.— 
‘‘(A) IN GENERAL.—The Architectural and 
Transportation Barriers Compliance Board (re-
ferred to in this title as the ‘Access Board’), 
shall issue and publish standards setting 
forth— 
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‘‘(i) for purposes of this title, a defini-
tion of ‘substantial compliance’, ‘alter-
native means of access’, and ‘consumer 
facing website or mobile application’; and 
‘‘(ii) regulations necessary to imple-
ment the standard set forth in subsection 
(b). 
‘‘(B) TIMING OF REGULATIONS.—For pur-
poses of this title: 
‘‘(i) Not later than 180 days after the 
date of the enactment of this Act, the Ac-
cess Board shall promulgate a notice of 
proposed rulemaking. 
‘‘(ii) Upon issuance of the notice 
under clause (i), the Access Board shall so-
licit comments from the public on such 
proposed rule for a period of 90 days. 
‘‘(iii) After the Access Board has re-
viewed the comments solicited under clause 
(ii) and revised such proposed rule, the Of-
fice of Management and Budget shall con-
duct a regulatory assessment of the rule 
for a period not to exceed 90 days. 
‘‘(iv) Not later than 365 days after 
the Office of Management and Budget has 
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completed the regulatory assessment under 
clause (iii), the Access Board shall issue 
final regulations. 
‘‘(C) REVIEW AND AMENDMENT.—The Ac-
cess Board shall periodically review and, as ap-
propriate, amend the standard required under 
subsection (b) to reflect technological advances 
or changes in electronic and information tech-
nology. 
‘‘(2) DEPARTMENT OF JUSTICE.—No later than 
365 days after the end of the comment period under 
subparagraph (B)(ii), the Attorney General shall es-
tablish a procedure for receiving and investigating 
complaints filed under this title. 
‘‘(3) FLEXIBILITY FOR SMALL BUSINESS CON-
CERNS.—Regulations established under this section 
shall include flexibility for small business concerns to 
comply with the standard under subsection (b). 
‘‘SEC. 602. ADMINISTRATIVE REMEDIES. 
‘‘(a) 
EXHAUSTION
OF
ADMINISTRATIVE
REM-
EDIES.—No individual may bring an action before a civil 
court to enforce the provisions of this title until all admin-
istrative remedies under this section have been exhausted. 
‘‘(b) NOTICE TO OWNER OR OPERATOR.—Prior to fil-
ing a complaint with the Attorney General under sub-
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section (c), an individual must first notify the private 
owner or operator of a consumer facing website or mobile 
application that such website or mobile application is not 
in compliance with the standard for compliance under sec-
tion 601 of this title. 
‘‘(1) If within 90 days of receiving notice under 
subsection (b) the owner or operator of a consumer 
facing website or mobile application fails to bring 
such website or such application into compliance 
with the requirement under section 601 of this title, 
an individual may file a complaint with the Depart-
ment. 
‘‘(2) If an individual files a complaint with the 
Department of Justice (referred to in this title as 
the ‘Department’) under paragraph (1), a copy of 
such complaint shall be provided to the owner or op-
erator of a consumer facing website or mobile appli-
cation. 
‘‘(c) REPORTING
OF VIOLATIONS
TO ATTORNEY 
GENERAL.— 
‘‘(1) DEADLINE TO FILE COMPLAINT.—If an in-
dividual files a complaint with the Department, such 
complaint shall be filed within the 90-day period be-
ginning on the date after the 90-day period under 
subsection (b)(1) has terminated. 
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‘‘(2) 
INVESTIGATION
BY
ATTORNEY
GEN-
ERAL.—Upon receiving a complaint of an alleged 
violation, the Attorney General shall complete an in-
vestigation within 180 days to determine whether a 
violation exists. 
‘‘(3) FINAL
AGENCY
DETERMINATION.—The 
Attorney General shall be considered to have made 
a final determination on a complaint if— 
‘‘(A) during the 180-day period after a 
complaint has been filed with the Department, 
the Attorney General determines the owner or 
operator of a consumer facing website or mobile 
application is not in compliance with the stand-
ard set forth under section 601; or 
‘‘(B) the 180-day period expires without 
the Attorney General having made such a final 
determination. 
‘‘(d) ENFORCEMENT BY ATTORNEY GENERAL.— 
‘‘(1) DENIAL OF RIGHTS.— 
‘‘(A) DUTY TO INVESTIGATE.— 
‘‘(i) 
IN
GENERAL.—The 
Attorney 
General shall investigate alleged violations 
of this title, and shall undertake periodic 
reviews of compliance of consumer facing 
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websites and mobile applications under this 
title. 
‘‘(ii) ATTORNEY
GENERAL
CERTIFI-
CATION.—On the application of a State or 
local government, the Attorney General 
may, in consultation with the Access 
Board, and after prior notice and a public 
hearing at which persons, including indi-
viduals with disabilities, are provided an 
opportunity to testify against such certifi-
cation, certify that a State law or local or-
dinance that establishes accessibility re-
quirements that meets or exceeds the min-
imum requirements of this Act for the ac-
cessibility and usability of consumer facing 
websites and mobile applications under this 
title. At any enforcement proceeding under 
this section, such certification by the At-
torney General shall be rebuttable evidence 
that such State law or local ordinance does 
meet or exceed the minimum requirements 
of this Act. 
‘‘(B) POTENTIAL VIOLATION.—If the At-
torney General has reasonable cause to believe 
that— 
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‘‘(i) any person or group of persons is 
engaged in a pattern or practice of dis-
crimination under this title; or 
‘‘(ii) any person or group of persons 
has been discriminated against under this 
title and such discrimination raises an 
issue of general public importance, 
the Attorney General may commence a civil ac-
tion in any appropriate United States district 
court. 
‘‘(2) AUTHORITY OF COURT.—In a civil action 
under paragraph (1)(B), the court may— 
‘‘(A) grant any equitable relief that such 
court considers to be appropriate; 
‘‘(B) order monetary damages to persons 
aggrieved when requested by the Attorney Gen-
eral; and 
‘‘(C) assess a civil penalty against the enti-
ty in an amount— 
‘‘(i) not to exceed $20,000 for a first 
violation; and 
‘‘(ii) not to exceed $50,000 for any 
subsequent violation. 
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‘‘(3) PUNITIVE
DAMAGES.—For purposes of 
paragraph (2)(B), the term ‘monetary damages’ and 
‘such other relief’ does not include punitive damages. 
‘‘(4) SINGLE
VIOLATION.—For purposes of 
paragraph (2)(C), in determining whether a first or 
subsequent violation has occurred, a determination 
in a single action, by judgment or settlement, that 
the consumer facing website or mobile application 
has engaged in more than one discriminatory act 
shall be counted as a single violation. 
‘‘(5) JUDICIAL CONSIDERATION.—In a civil ac-
tion under paragraph (1)(B), the court, when con-
sidering what amount of civil penalty, if any, is ap-
propriate, shall give consideration to any good faith 
effort or attempt to comply with this Act by the en-
tity. 
‘‘SEC. 603. PRIVATE RIGHT OF ACTION. 
‘‘(a) IN GENERAL.—Upon exhausting all administra-
tive remedies under section 602, any individual aggrieved 
by a violation of this title may commence a civil action 
in any appropriate court of the United States against the 
owner or operator of a consumer facing website or mobile 
application that engages in such a violation, unless the At-
torney General has instituted an enforcement action under 
this title. A civil action under this title is the sole and 
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exclusive remedy for any person aggrieved by the failure 
of any consumer facing website or mobile application to 
meet the requirements of section 601. In any action filed 
under this title, the complaint shall plead with particu-
larity each element of the plaintiff’s claim, including the 
specific barriers to access a consumer facing website or 
mobile application. 
‘‘(b) TOLLING.—With respect to the running of the 
statutory periods of limitation for such action, the running 
of such statutory periods shall be deemed suspended dur-
ing the period beginning on the date of the enactment of 
this Act and ending 180 days after the date the Access 
Board has issued final regulations under section 601. 
‘‘SEC. 604. DEFINITIONS. 
‘‘In this Act: 
‘‘(1) CONSUMER FACING WEBSITE.—The term 
‘consumer facing website’ means any website that is 
purposefully made accessible to the public for com-
mercial purposes. 
‘‘(2) MOBILE APPLICATIONS.—The term ‘mobile 
application’ means a consumer facing software appli-
cation that can be executed on a mobile platform, or 
a web-based software application that is tailored to 
a mobile platform but is executed on a server. 
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‘‘(3) SMALL BUSINESS.—The term ‘small busi-
ness concern’ has the meaning given such term in 
section 3(a) of the Small Business Act (15 U.S.C. 
632(a)).’’. 
SEC. 3. CLERICAL AMENDMENT. 
The table of contents of the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12101 et seq.) is amended 
by inserting after the item relating to section 515 the fol-
lowing new item: 
‘‘TITLE VI—CONSUMER FACING WEBSITES AND MOBILE 
APPLICATIONS 
‘‘Sec. 601. Requirements for consumer facing websites and mobile applications 
owned or operated by a private entity. 
‘‘Sec. 602. Administrative remedies. 
‘‘Sec. 603. Private right of action. 
‘‘Sec. 604. Definitions.’’. 
Æ 
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