I 
118TH CONGRESS 
1ST SESSION H. R. 5813 
To establish uniform accessibility standards for websites and applications 
of employers, employment agencies, labor organizations, joint labor-man-
agement committees, public entities, public accommodations, testing enti-
ties, and commercial providers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2023 
Mr. SARBANES (for himself and Mr. SESSIONS) introduced the following bill; 
which was referred to the Committee on Education and the 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 con-
cerned 
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 Representa-
tives 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’’. 
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SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) Section 2(b)(1) of the Americans with Dis-
abilities 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 es-
sentially nonexistent, but Congress made clear that 
the ADA ‘‘should keep pace with the rapidly chang-
ing 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 sec-
tion 302 of the ADA (42 U.S.C. 12182) broadly 
prohibit discrimination on the basis of disability in 
regard to employment, services, programs, or activi-
ties of public entities, and of goods, services, facili-
ties, 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 indi-
viduals with disabilities by using technologies such 
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as video remote interpreting, real-time computer- 
aided transcription, open and closed captioning, 
audio description, videophones, captioned telephones, 
screen reader software, optical readers, and tele-
phone systems that interact properly with internet- 
based relay systems. 
(5) The activities of a vast number of ADA-cov-
ered entities now occur in whole or in part through 
websites and applications, a shift that has been ac-
celerated 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 applica-
tions, yet these websites and applications are often 
created and developed in a manner that is inacces-
sible to individuals with disabilities. 
(7) Despite the ADA’s clear language covering 
all services, programs, and activities of public enti-
ties, all goods, services, facilities, privileges, advan-
tages, and accommodations of public accommoda-
tions, and all terms, conditions, and privileges of em-
ployment and certain actions of employers, including 
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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 re-
quires 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 ap-
plications, 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 mem-
bers of the public be readily accessible to and use-
able by individuals with disabilities, whether the en-
tity has a physical location or is digital only; 
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(2) to require the Department of Justice and 
the Equal Employment Opportunity Commission to 
set and enforce standards for websites and applica-
tions and to periodically update such standards; 
(3) to address and remedy the systemic nation-
wide problem of inaccessible websites and applica-
tions 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 tech-
nologies do not impair the rights and abilities of in-
dividuals 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 ap-
plication, means a perceivable, operable, understand-
able, and robust website or application that enables 
individuals with disabilities to access the same infor-
mation 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 inde-
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pendence, and same ease of use as, individuals with-
out 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 Ameri-
cans 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 com-
puter 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 ‘‘com-
mercial provider’’ means any entity, including a pub-
lic or private entity— 
(A) whose operations affect commerce; and 
(B) that designs, develops, constructs, al-
ters, modifies, or adds an application or website 
for a covered entity (including a covered entity 
described in subparagraph (A) that takes such 
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an action for the covered entity’s product) for 
covered use. 
(6) COMMISSION.—The term ‘‘Commission’’ 
means the Equal Employment Opportunity Commis-
sion. 
(7) COVERED ENTITY.—The term ‘‘covered en-
tity’’ 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 re-
lated to such service, program, or activity, cov-
ered under title II of the ADA (42 U.S.C. 
12131 et seq.), section 504 of the Rehabilita-
tion 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 test-
ing entity to provide a good, service, facility, 
privilege, advantage, or accommodation, or in-
formation related to such good, service, facility, 
privilege, advantage, or accommodation, to cus-
tomers or other members of the public, regard-
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less of whether the public accommodation or 
testing entity owns, operates, or utilizes a phys-
ical location for covered use; or 
(C) use by an employment entity in deter-
mining or conducting job application proce-
dures, hiring, advancement, or discharge of em-
ployees, employee compensation, job training, or 
other term, condition, or privilege of employ-
ment, 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 ‘‘em-
ployment agency’’ has the meaning given the term in 
section 701 of the Civil Rights Act of 1964 (42 
U.S.C. 2000e). 
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(14) EMPLOYMENT
ENTITY.—The term ‘‘em-
ployment entity’’ means an employer, employment 
agency, labor organization, or joint labor-manage-
ment committee. 
(15) 
INFORMATION
AND
COMMUNICATION 
TECHNOLOGY.—The term ‘‘information and commu-
nication technology’’— 
(A) means— 
(i) any equipment or interconnected 
system or subsystem of equipment, used in 
the automatic acquisition, storage, anal-
ysis, evaluation, manipulation, manage-
ment, movement, control, display, switch-
ing, 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, manipu-
lation, storage, display, receipt, or trans-
mission 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, cus-
tomer premises equipment, multifunction office 
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machines, software, applications, websites, vid-
eos, and electronic documents. 
(16) 
JOINT
LABOR-MANAGEMENT
COM-
MITTEE.—The term ‘‘joint labor-management com-
mittee’’ means a labor management committee es-
tablished 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 de-
scribed in paragraph (7) of section 301 of the ADA 
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(42 U.S.C. 12181) who owns, operates, or utilizes a 
website or application for covered use. 
(21) PUBLIC ENTITY.—The term ‘‘public enti-
ty’’ 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 em-
ployee 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 inter-
preted 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— 
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(I) that interacts with hardware 
or provides services for other soft-
ware; 
(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-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’’— 
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(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 
(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 func-
tion is the development of other soft-
ware; 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 EN-
VIRONMENT.—In clause (i), the term ‘‘In-
tegrated 
Development 
Environment’’ 
means an application such as— 
(I) Microsoft® Visual Studio®; 
(II) Apple® Xcode®; and 
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(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 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 a website or appli-
cation, means that the components of the user inter-
face for the website or application, including any 
input fields, error messages, and correction opportu-
nities, 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 com-
puter server-based file archives so that the collection 
can be accessed by applicants, employees, partici-
pants, customers, or other members of the public 
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over the internet or through a private computer net-
work. 
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 indi-
vidual with a disability in regard to an activity de-
scribed 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, offered through a 
website or application owned, operated, or uti-
lized, for a covered use, by a public entity; or 
(B) be otherwise subjected to discrimina-
tion related to a website or 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 
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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, offered through a website 
or application owned, operated, or utilized for cov-
ered use by a public accommodation or testing enti-
ty. 
(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, or information re-
lated to such goods, services, facilities, privileges, ad-
vantages, 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 commu-
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nications and interactions with individuals without 
disabilities. 
(c) COMMERCIAL PROVIDERS.—No commercial pro-
vider 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 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 
(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 
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(B) would fundamentally alter the nature 
of the services, programs, activities, or informa-
tion provided by the entity. 
(3) PUBLIC ACCOMMODATIONS OR TESTING EN-
TITIES.—With respect to a claim that a public ac-
commodation 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, ad-
vantages, accommodations, or information pro-
vided by the accommodation or entity. 
(4) COMMERCIAL PROVIDERS.—With respect to 
a claim that a commercial provider violated this sec-
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, 
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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 ap-
plications 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 
Act, and include standards for accessible 
websites and applications that offer equally ef-
fective 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) 
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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 appli-
cations. 
(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 websites 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 
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 enti-
ties, as described in paragraph (1)(B)(ii). 
(B) EFFECTIVE
DATE.—The final rule 
shall take effect— 
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(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 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.— 
(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 websites and applications 
applicable to employment entities, and the com-
mercial providers for employment entities, for 
covered use. Such notice shall propose regula-
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tions to implement the accessibility obligations 
of this Act, and include standards for accessible 
websites and applications that offer equally ef-
fective 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 appli-
cations. 
(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 sec-
tion 4, a final rule regarding the accessibility of 
websites and applications applicable to the em-
ployment entities, and the commercial pro-
viders, described in paragraph (1), for covered 
use. Such final rule shall implement the accessi-
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bility 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 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-
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). 
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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-
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-
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mittee 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 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) PUBLIC ENTITIES, PUBLIC ACCOMMODATIONS, 
AND TESTING ENTITIES.— 
(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 
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 
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under section 5(a)), the Attorney General 
may conduct an investigation. The inves-
tigation shall consist of a review of the cor-
responding 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 cor-
responding 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 
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 
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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. 
(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 
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first filing a complaint with the Department or ex-
hausting any other administrative remedies. 
(b) EMPLOYMENT ENTITIES.— 
(1) CIVIL ACTION BY COMMISSION AND ATTOR-
NEY GENERAL.— 
(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-
tigation shall consist of a review of the cor-
responding website or application owned, 
operated, or utilized for covered use by an 
employment entity, or provided to an em-
ployment entity by a commercial provider, 
to determine whether the employment enti-
ty or commercial provider has violated the 
corresponding provision of section 4. 
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(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-
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 
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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. 
(3) FUNCTIONS
OF
THE
ATTORNEY
GEN-
ERAL.—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 
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subsection (a)(1) or (b)(1), the Attorney General or 
Commissioner may seek— 
(A) a civil penalty and all appropriate in-
junctive 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 plain-
tiff may seek all appropriate injunctive relief de-
scribed in paragraph (1)(A) and the damages de-
scribed in paragraph (1)(B). 
(3) ATTORNEY’S FEES.—The prevailing plain-
tiff (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 ‘‘Com-
mittee’’) 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 ‘‘Fed-
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eral Advisory Committee Act’’), as an advisory com-
mittee under the authority of the Attorney General 
and Commission. 
(2) COMPOSITION.—In establishing the Com-
mittee, the Attorney General and the Commission— 
(A) shall include on the Committee— 
(i) individuals with disabilities (com-
prising a majority of the members of the 
Committee) who are— 
(I) individuals who are blind (in-
cluding who have low vision), deaf, 
hard of hearing, or deafblind; 
(II) individuals who have speech 
disabilities; 
(III) individuals with physical 
disabilities including those with lim-
ited to no manual dexterity; and 
(IV) individuals who have disabil-
ities 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 rep-
resentatives of— 
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(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 ap-
propriate by the Attorney General and the 
Commission. 
(3) FUNCTIONS.—The Committee shall provide 
responsive advice and guidance to the Attorney Gen-
eral 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 recommenda-
tions 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 Gen-
eral and Commission in identifying and under-
standing the impact and implications of innova-
tions with regard to accessible websites and ap-
plications. 
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(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 ex-
pertise or experience. 
SEC. 9. TECHNICAL ASSISTANCE. 
(a) PURPOSE.—It is the purpose of this section to 
establish a technical assistance center to provide, to cov-
ered entities, commercial providers, individuals with dis-
abilities, and other members of the public, information, 
resources, training, and technical assistance regarding— 
(1) the design, development, construction, alter-
ation, 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 AS-
SISTANCE.—From amounts made available under section 
13, the Attorney General, in coordination with the Com-
mission, the Secretary of Education, and other heads of 
Federal agencies, as appropriate shall award, on a com-
petitive basis, at least 1 grant, contract, or cooperative 
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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 re-
viewing the activities proposed under the applica-
tions described in paragraph (1), the Attorney Gen-
eral, in coordination with the Commission, the Sec-
retary 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 (in-
cluding individuals who have low vi-
sion), deaf, hard of hearing, or 
deafblind; 
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(II) individuals who have speech 
disabilities; 
(III) individuals with physical 
disabilities, including individuals with 
limited to no manual dexterity; and 
(IV) individuals who have disabil-
ities not specified in any of subclauses 
(I) through (III); and 
(ii) 
experts 
regarding 
accessible 
websites and applications for use by indi-
viduals 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 ap-
propriate by the Attorney General, in co-
ordination with the Commission, the Sec-
retary 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 
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agreement under this section shall support a 
training and technical assistance program that 
addresses information requests, concerning ac-
cessible websites and applications, from covered 
entities and commercial providers, including re-
quests 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 ac-
cess to, accessible websites and applica-
tions; and 
(iii) examples of policies, practices, 
procedures, regulations, or judicial deci-
sions that have enhanced or may enhance 
access to and receipt of funding for acces-
sible websites and applications. 
(B) COORDINATION.—An entity receiving a 
grant, contract, or cooperative agreement under 
this section may also provide technical assist-
ance 
and 
training, 
concerning 
accessible 
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websites and applications, for covered entities 
and commercial providers by— 
(i) facilitating onsite and electronic in-
formation sharing using state-of-the-art 
internet technologies such as real-time on-
line discussions, multipoint video confer-
encing, 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 na-
tional emerging issues regarding accessible 
websites and applications; 
(iii) sharing best practices and evi-
dence-based practices in developing, estab-
lishing, and procuring accessible websites 
and applications; 
(iv) supporting and coordinating ac-
tivities 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 
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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 individ-
uals with disabilities; 
(ii) organizations or entities that pro-
vide services for individuals with disabil-
ities, such as centers for independent liv-
ing, as defined in section 702 of the Reha-
bilitation Act of 1973 (29 U.S.C. 796a); 
(iii) entities, such as the World Wide 
Web Consortium and the National Insti-
tute of Standards and Technology, that de-
velop 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; 
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(v) Federal, State, and territorial 
agencies that provide assistance to small 
businesses; 
(vi) organizations or entities rep-
resenting State or local government, and 
educational website and technology profes-
sionals; 
(vii) entities or individuals with exper-
tise and experience in enforcing disability 
rights law; and 
(viii) other entities and technical as-
sistance providers determined to be appro-
priate by the Attorney General, in coordi-
nation 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 TECH-
NOLOGIES. 
(a) STUDY AND REPORT.— 
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(1) IN
GENERAL.—The National Council on 
Disability (in this section referred to as the ‘‘Coun-
cil’’) shall conduct a study and prepare a report 
on— 
(A) the effect that emerging technologies 
have on the ability of individuals with disabil-
ities to participate in employment, education, 
government, health care, commerce, culture, 
and other aspects of society; and 
(B) the effectiveness of this Act in achiev-
ing its purpose. 
(2) CONSIDERATION OF EFFECT ON INDIVID-
UALS WITH PARTICULAR BARRIERS.—In conducting 
the study and preparing the report, the Council shall 
consider the effect of emerging technologies on indi-
viduals with disabilities who use those technologies 
and have particular barriers to such participation 
and communication, such as individuals with disabil-
ities using those technologies— 
(A) who have limited language or limited 
English language; 
(B) who have significant or targeted dis-
abilities (including people who are blind, deaf, 
or deafblind); 
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(C) who have disabilities limiting commu-
nication; 
(D) whose household income is at or below 
200 percent of the poverty line, as defined by 
the Federal poverty guidelines of the Depart-
ment 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 appro-
priate committees of Congress, which shall at minimum 
include the Committee on Health, Education, Labor, and 
Pensions and the Committee on the Judiciary of the Sen-
ate and the Committee on Education and Labor and the 
Committee on the Judiciary of the House of Representa-
tives. 
SEC. 11. GRANTS TO SMALL ENTITIES. 
(a) PURPOSE.—The purpose of this section is to 
award grants to provide assistance to small entities to en-
able the entities to remediate existing (as of the date of 
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application for the award) websites and applications to en-
able the small entities to comply with the regulations es-
tablished under this Act. 
(b) SUPPORT FOR REMEDIATION ACTIVITIES.— 
(1) IN GENERAL.—From amounts made avail-
able 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 in-
accessible 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 applica-
tion to the Attorney General and the Commission (or the 
recipient of the award under section 9) at such time, in 
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such manner, and containing such information as the At-
torney 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 reme-
diate or replace, as appropriate, the inaccessible 
website or application, so that the entity complies 
with this Act. 
(d) AUTHORIZED ACTIVITIES.—A small entity receiv-
ing 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 inac-
cessible website or application; 
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(2) shall use the grant funds to demonstrate 
that the resulting website or application is acces-
sible; and 
(3) may not use the grant funds to design, de-
velop, or procure an inaccessible website or applica-
tion. 
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 Pa-
tient Protection and Affordable Care Act (42 U.S.C. 
18116), that, consistent with this Act, prohibit an 
exclusion, denial, or any other discrimination de-
scribed 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 wheth-
er 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 Com-
munications Act of 1934 (47 U.S.C. 255). 
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(b) RELATIONSHIP TO OTHER LAWS.—Nothing in 
this Act shall be construed to invalidate or limit the rem-
edies, rights, and procedures of any Federal law or law 
of any State or political subdivision of any State or juris-
diction, that provides greater or equal protection for the 
rights of individuals with disabilities than is afforded by 
this Act. 
(c) CONSISTENT REGULATIONS.—Regulations pro-
mulgated 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 Gen-
eral 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 enti-
ties; or 
(C) title III of the ADA (42 U.S.C. 12181 
et seq.) for digital access to goods, services, fa-
cilities, privileges, advantages, accommodations, 
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or information related to such goods, services, 
facilities, privileges, advantages, or accommoda-
tions of covered entities; and 
(2) the regulations issued by the Federal Com-
munications Commission for video programming and 
communications services provided via websites and 
applications. 
(d) PROHIBITION
ON
NOTIFICATION
REQUIRE-
MENT.—The Attorney General and the Commission shall 
not include, in the accessibility regulations, any require-
ment 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. 
Æ 
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