S. 3974

119 S3974 IS: Websites and Software Applications Accessibility Act of 2026
 U.S. Senate
 2026-03-03
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 3974  IN THE SENATE OF THE UNITED STATES   March 3, 2026   Ms. Duckworth  (for herself,  Mr. Markey , and  Ms. Warren ) introduced the following bill; which was read twice and referred to the  Committee on Health, Education, Labor, and Pensions    A BILL
To establish uniform accessibility standards for web content 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.
1.
Short title
This Act may be cited as the   Websites and Software Applications Accessibility Act of 2026  .
2.
Findings and purposes
(a)
Findings
Congress finds the following:
(1)
Section 2(b)(1) of the Americans with Disabilities Act of 1990 (referred to in this Act as the  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, web content 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 web content and applications.
(6)
The activities of a vast number of ADA-covered entities now occur in whole or in part through web content 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 web content and applications, most web content 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 web content and 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. Some courts have said that section 302 of the ADA only covers public accommodations that are physical places. In addition, some courts have said that section 302 of the ADA only covers certain web content of public accommodations depending on the relationship between the web content and a physical place. The coverage of section 302 of the ADA is not limited to physical places. Section 302 of the ADA covers all web content and applications of public accommodations, regardless of whether the public accommodation is a physical place, and regardless of the relationship between web content or an application, and a physical place.
(10)
Without equal access to web content 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 web content 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 web content (including electronic documents on websites) and applications and to periodically update such standards;
(3)
to address and remedy the systemic nationwide problem of inaccessible web content 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.
3.
Definitions
In this Act:
(1)
Accessible
The term  accessible  or  accessibility , used with respect to web content or an application, means web content or an application that is perceivable, operable, understandable, and robust and 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)
Application
The term  application  means software that is designed to run on a device, including a mobile device, such as a smartphone or tablet, or on a 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.
(4)
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.
(5)
Commission
The term  Commission  means the Equal Employment Opportunity Commission.
(6)
Covered entity
The term  covered entity  means an employment entity, public entity, public accommodation, or testing entity.
(7)
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. 18116 ), 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.
(8)
Department
The term  Department  means the Department of Justice.
(9)
Disability
The term  disability  has the meaning given the term in section 3 of the ADA ( 42 U.S.C. 12102 ).
(10)
Employee
The term  employee  has the meaning given the term in section 101 of the ADA ( 42 U.S.C. 12111 ).
(11)
Employer
The term  employer  has the meaning given the term in section 101 of the ADA ( 42 U.S.C. 12111 ).
(12)
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 ).
(13)
Employment entity
The term  employment entity  means an employer, employment agency, labor organization, or joint labor-management committee.
(14)
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.
(15)
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.
(16)
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 ).
(17)
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.
(18)
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.
(19)
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.
(20)
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 ).
(21)
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 ).
(22)
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.
(23)
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.
(24)
Software definitions
(A)
Platform software
(i)
In general
The term  platform software  means software—
(I)
that interacts with hardware or provides services for other software;
(II)
that may run or host other software, and may isolate the other software from underlying software or hardware layers; and
(III)
a single component of which may have both platform and non-platform aspects.
(ii)
Platform
For purposes of clause (i), the term  platform  includes—
(I)
a desktop operating system;
(II)
an embedded operating system, including a mobile system;
(III)
a web browser;
(IV)
a plugin to a web browser that renders a particular media or format; and
(V)
a set of components that allows another application to execute, such as an application which supports macros or scripting.
(B)
Software
In subparagraphs (A) and (C), the term  software —
(i)
means a program, a procedure, and a rule (any of which may include related data or documentation), that directs the use and operation of information and communication technology to perform a given task or function; and
(ii)
includes applications, non-web software, platform software, and software tools.
(C)
Software tool
(i)
In general
The term  software tool  means software—
(I)
for which the primary function is the development of other software; and
(II)
that usually comes in the form of an Integrated Development Environment (commonly known as an  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®.
(25)
State
The term  State  means each of the several States, the District of Columbia, and any territory or possession of the United States.
(26)
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.
(27)
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.
(28)
Web content and related terms
(A)
Web content
The term  web content  means content that is information or sensory experience, and is communicated to a user by means of a user agent. Such content includes code or markup that defines the presentation of or interactions of a user with such information or experience.
(B)
Related terms
In this paragraph:
(i)
Markup
The term  markup  means a language, such as HTML or XML, that uses tags to define the structure, semantics, or presentation of content described in subparagraph (A), allowing the content to be interpreted by a user agent.
(ii)
Presentation
The term  presentation  means the rendering of the information or experience in a form to be perceived by users.
(iii)
Structure
The term  structure , used with respect to web content, means the way in which the parts of web content are organized in relation to each other and how a collection of web content is organized.
(iv)
User agent
The term  user agent  means any software that retrieves and presents the information or experience for users.
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 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, or 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 any web content or an application 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 related 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, or accommodations, including related 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, or activities, including related information, provided by the covered entity served.
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 shall 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 shall 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).
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.
7.
Enforcement and administrative action, and private right of action
(a)
Civil actions by Attorney General
(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 Commission
(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.
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.
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.
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.
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 inaccessible 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 inaccessible application, that requires remediation or replacement 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 a new accessible 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.
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. 12111 et seq. , 12131 et seq., 12181 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, or 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.
13.
Authorization of appropriations
There are authorized to be appropriated $35,150,000 for each of fiscal years 2027 through 2036 to carry out this Act.
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.