,i #aagth ,,congress #b;d ,session ,h4 ,r4 #ijba ,,in ,,the ,,house ,,of ,,representatives ,september #bh1 #bjbb,mr4 ,sarbanes introduced the following bill2 which was referred to the ,committee on ,education and ,labor1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish uniform accessibility standards for websites and applications of employers1 employment agencies1 labor organizations1 joint labor-management committees1 public entities1 public accommodations1 testing entities1 and commercial providers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,websites and ,software ,applications ,accessibility ,act4 #b4 ,findings and purposes 7a7 ,findings ,congress finds the following3 7#a7 ,section #b7;b77#a7 of the ,americans with ,disabilities ,act of #aiij states that the ,act provides a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities 7#db ,u4,s4,c4 #abaja7;b77#a774 7#b7 ,in #aiij1 websites and applications were essentially nonexistent1 but ,congress made clear that the ,,ada should keep pace with the rapidly changing technology of the times 7,h4,r4 ,rep4 ,no4 #aja-dhe1 pt4 #b1 at #cha 7#aiij771 as reprinted in #aiij ,u4,s4,c4,c4,a4,n4 #cjc1 #cia74 7#c7 ,section #ajb of the ,,ada 7#db ,u4,s4,c4 #abaab71 section #bjb of the ,,ada 7#db ,u4,s4,c4 #abacb71 and section #cjb of the ,,ada 7#db ,u4,s4,c4 #abahb7 broadly prohibit discrimination on the basis of disability in regard to employment1 services1 programs1 or activities of public entities1 and of goods1 services1 facilities1 privileges1 advantages1 and accommodations of any place of public accommodation1 respectively4 7#d7 ,the ,department of ,justice has promulgated regulations to address the intersection of the ,,ada and emerging technologies1 including the obligation to ensure effective communication with and by individuals with disabilities by using technologies such as video remote interpreting1 real-time computer-aided transcription1 open and closed captioning1 audio description1 videophones1 captioned telephones1 screen reader software1 optical readers1 and telephone systems that interact properly with internet-based relay systems4 7#e7 ,the activities of a vast number of ,,ada-covered entities now occur in whole or in part through websites and applications1 a shift that has been accelerated by a global pandemic4 ,the digital economy accounts for nearly #aj percent of the ,united ,states gross domestic product1 and #he percent of ,united ,states adults visit the internet at least once per day4 7#f7 ,many entities1 including those covered by the ,,ada1 rely on third-party technology providers to deliver goods and services via websites and applications1 yet these websites and applications are often created and developed in a manner that is inaccessible to individuals with disabilities4 7#g7 ,despite the ,,ada's clear language covering all services1 programs1 and activities of public entities1 all goods1 services1 facilities1 privileges1 advantages1 and accommodations of public accommodations1 and all terms1 conditions1 and privileges of employment and certain actions of employers1 including when conducted through websites and applications1 most websites and applications contain significant barriers for individuals with disabilities4 7#h7 ,when ,congress enacted the ,,ada in #aiij1 ,congress intended for the ,,ada to keep pace with rapidly changing technology4 ,the ,department of ,justice has rightly acknowledged that the ,,ada requires covered entities to ensure that their websites are accessible to individuals with disabilities4 7#i7 ,some courts have misconstrued the ,,ada1 saying the ,,ada does not cover websites despite the clear language of the ,,ada's provisions4 7#aj7 ,without equal access to websites and applications1 many individuals with disabilities are treated as second-class citizens and are excluded from equal participation in and equal access to all aspects of society4 7b7 ,purpose ,it is the purpose of this ,act-- 7#a7 to affirm that the ,,ada and this ,act require that websites and applications used by any covered entity to communicate or interact with applicants1 employees1 participants1 customers1 or other members of the public be readily accessible to and useable by individuals with disabilities1 whether the entity has a physical location or is digital only2 7#b7 to require the ,department of ,justice and the ,equal ,employment ,opportunity ,commission to set and enforce standards for websites and applications and to periodically update such standards2 7#c7 to address and remedy the systemic nationwide problem of inaccessible websites and applications that exclude individuals with disabilities from equal participation in and equal access to all aspects of society2 and 7#d7 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 society4 #c4 ,definitions ,in this ,act3 7#a7 ,accessible ,the term accessible or accessibility1 used with respect to a website or application1 means a perceivable1 operable1 understandable1 and robust website or application that enables individuals with disabilities to access the same information as1 to engage in the same interactions as1 to communicate and to be understood as effectively as1 and to enjoy the same services as are offered to1 other individuals with the same privacy1 same independence1 and same ease of use as1 individuals without disabilities4 7#b7 ,accessibility regulations ,the term accessibility regulations means the regulations issued under section #e in accordance with this ,act4 7#c7 ,,ada ,the term ,,ada means the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7#d7 ,application ,the term application means software that is designed to run on a device1 including a smartphone1 tablet1 self-service kiosk1 wearable technology item1 or laptop or desktop computer or another device1 including a device devised after the date of enactment of this ,act1 and that is designed to perform1 or to help the user perform1 a specific task4 7#e7 ,commercial provider ,the term commercial provider means any entity1 including a public or private entity-- 7,a7 whose operations affect commerce2 and 7,b7 that designs1 develops1 constructs1 alters1 modifies1 or adds an application or website for a covered entity 7including a covered entity described in subparagraph 7,a7 that takes such an action for the covered entity's product7 for covered use4 7#f7 ,commission ,the term ,commission means the ,equal ,employment ,opportunity ,commission4 7#g7 ,covered entity ,the term covered entity means an employment entity1 public entity1 public accommodation1 or testing entity4 7#h7 ,covered use ,the term covered use means-- 7,a7 use by a public entity to provide a service1 program1 or activity1 or information related to such service1 program1 or activity1 covered under title ,,ii of the ,,ada 7#db ,u4,s4,c4 #abaca et seq471 section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid71 or section #aeeg of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahaa71 to an applicant1 participant1 or other member of the public2 7,b7 use by a public accommodation or testing entity to provide a good1 service1 facility1 privilege1 advantage1 or accommodation1 or information related to such good1 service1 facility1 privilege1 advantage1 or accommodation1 to customers or other members of the public1 regardless of whether the public accommodation or testing entity owns1 operates1 or utilizes a physical location for covered use2 or 7,c7 use by an employment entity in determining or conducting job application procedures1 hiring1 advancement1 or discharge of employees1 employee compensation1 job training1 or other term1 condition1 or privilege of employment1 for employees or applicants to become employees4 7#i7 ,department ,the term ,department means the ,department of ,justice4 7#aj7 ,disability ,the term disability has the meaning given the term in section #c of the ,,ada 7#db ,u4,s4,c4 #abajb74 7#aa7 ,employee ,the term employee has the meaning given the term in section #aja of the ,,ada 7#db ,u4,s4,c4 #abaaa74 7#ab7 ,employer ,the term employer has the meaning given the term in section #aja of the ,,ada 7#db ,u4,s4,c4 #abaaa74 7#ac7 ,employment agency ,the term employment agency has the meaning given the term in section #gja of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e74 7#ad7 ,employment entity ,the term employment entity means an employer1 employment agency1 labor organization1 or joint labor-management committee4 7#ae7 ,information and communication technology ,the term information and communication technology-- 7,a7 means-- 7i7 any equipment or interconnected system or subsystem of equipment1 used in the automatic acquisition1 storage1 analysis1 evaluation1 manipulation1 management1 movement1 control1 display1 switching1 interchange1 transmission1 or reception of data or information2 and 7ii7 other equipment or technology1 or another system or process1 for which the principal function is the creation1 manipulation1 storage1 display1 receipt1 or transmission of electronic data and information1 as well as any associated content2 and 7,b7 includes computers and peripheral equipment1 information kiosks and transaction machines1 telecommunications equipment1 customer premises equipment1 multifunction office machines1 software1 applications1 websites1 videos1 and electronic documents4 7#af7 ,joint labor-management committee ,the term joint labor-management committee means a labor management committee established pursuant to section #bje;,a of the ,labor ,management ,relations ,act1 #aidg 7#bi ,u4,s4,c4 #age;a7 and engaged in commerce4 7#ag7 ,labor organization ,the term labor organization has the meaning given the term in section #gja of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e74 7#ah7 ,operable ,the term operable1 used with respect to a website or application1 means that user interface components and navigation for the website or application can be operated by individuals with disabilities4 7#ai7 ,perceivable ,the term perceivable1 used with respect to a website or application1 means that information and user interface components for the website or application are presentable in ways that individuals with disabilities can perceive4 7#bj7 ,public accommodation ,the term public accommodation means a private entity described in paragraph 7#g7 of section #cja of the ,,ada 7#db ,u4,s4,c4 #abaha7 who owns1 operates1 or utilizes a website or application for covered use4 7#ba7 ,public entity ,the term public entity has the meaning given the term public entity in section #bja of the ,,ada 7#db ,u4,s4,c4 #abaca74 7#bb7 ,qualified individual ,the term qualified individual1 used with respect to an employee or an applicant to become an employee1 has the meaning given the term in section #aja of the ,,ada 7#db ,u4,s4,c4 #abaaa74 7#bc7 ,robust ,the term robust1 used with respect to a website or application1 means a website or application for which the content can be interpreted by and the interface can be accessed by a wide variety of tools1 including assistive technology1 used by individuals with disabilities4 7#bd7 ,software definitions 7,a7 ,platform software 7i7 ,in general ,the term platform software means software-- 7,i7 that interacts with hardware or provides services for other software2 7,,ii7 that may run or host other software1 and may isolate the other software from underlying software or hardware layers2 and 7,,iii7 a single component of which may have both platform and non-platform aspects4 7ii7 ,platform ,for purposes of clause 7i71 the term platform includes-- 7,i7 a desktop operating system2 7,,ii7 an embedded operating system1 including a mobile system2 7,,iii7 a web browser2 7,,iv7 a plugin to a web browser that renders a particular media or format2 and 7,v7 a set of components that allows another application to execute1 such as an application which supports macros or scripting4 7,b7 ,software ,in subparagraphs 7,a7 and 7,c71 the term software-- 7i7 means a program1 a procedure1 and a rule 7any of which may include related data or documentation71 that directs the use and operation of information and communication technology to perform a given task or function2 and 7ii7 includes applications1 non-web software1 platform software1 and software tools4 7,c7 ,software tool 7i7 ,in general ,the term software tool means software-- 7,i7 for which the primary function is the development of other software2 and 7,,ii7 that usually comes in the form of an ,integrated ,development ,environment and is a suite of related products and utilities4 7ii7 ,integrated ,development ,environment ,in clause 7i71 the term ,integrated ,development ,environment means an application such as-- 7,i7 ,microsoft ,visual ,studio2 7,,ii7 ,apple ,xcode2 and 7,,iii7 ,eclipse ,foundation ,eclipse4 7#be7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 and any territory or possession of the ,united ,states4 7#bf7 ,testing entity ,the term testing entity means any person whose operations affect commerce1 as defined in section #cja of the ,,ada 7#db ,u4,s4,c4 #abaha7 and that offers examinations or courses related to1 applying1 licensing1 certification1 or credentialing for secondary or postsecondary education1 professional1 or trade purposes4 7#bg7 ,understandable ,the term understandable1 used with respect to a website or application1 means that the components of the user interface for the website or application1 including any input fields1 error messages1 and correction opportunities1 are predictable and can be understood and used by individuals with disabilities4 7#bh7 ,website ,the term website means any collection of related web pages1 images1 videos1 or other digital assets placed in one or more computer server-based file archives so that the collection can be accessed by applicants1 employees1 participants1 customers1 or other members of the public over the internet or through a private computer network4 #d4 ,access to websites and applications 7a7 ,general rules for covered entities 7#a7 ,employment entity ,no employment entity shall subject to discrimination1 related to a website or application owned1 operated1 or utilized for covered use by the employment entity1 an individual with a disability in regard to an activity described in section #ajb of the ,,ada 7#db ,u4,s4,c4 #abaab74 7#b7 ,public entity ,no individual with a disability shall1 by reason of such disability-- 7,a7 be excluded from participation in or be denied the benefits of the services1 programs1 or activities1 or information related to such services1 programs1 or activities1 offered through a website or application owned1 operated1 or utilized1 for a covered use1 by a public entity2 or 7,b7 be otherwise subjected to discrimination related to a website or application owned1 operated1 or utilized for covered use by a public entity4 7#c7 ,public accommodation and testing entity ,no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods1 services1 facilities1 privileges1 advantages1 or accommodations1 or information related to such goods1 services1 facilities1 privileges1 advantages1 or accommodations1 offered through a website or application owned1 operated1 or utilized for covered use by a public accommodation or testing entity4 7b7 ,covered entities ,in order to comply with subsection 7a71 a covered entity shall meet the following requirements3 7#a7 ,accessibility ,a covered entity that engages in an activity described in section #ajb of the ,,ada 7#db ,u4,s4,c4 #abaab71 or that provides goods1 services1 facilities1 privileges1 advantages1 accommodations1 programs1 activities1 or information related to such goods1 services1 facilities1 privileges1 advantages1 accommodations1 programs1 or activities1 through a website or application shall ensure that such website or application is accessible4 7#b7 ,effective communications ,a covered entity shall ensure that covered uses through websites and applications with applicants1 employees1 participants1 customers1 and other members of the public with disabilities are as effective as communications and interactions with individuals without disabilities4 7c7 ,commercial providers ,no commercial provider shall design1 develop1 construct1 alter1 modify1 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 accessible1 or otherwise provide a website or application to a covered entity for covered use that is not accessible4 7d7 ,defenses and exemptions 7#a7 ,employment entities ,with respect to a claim that an employment entity violated this section1 the entity shall not be considered to have violated this section if compliance with this section-- 7,a7 would impose an undue burden on the entity2 or 7,b7 would fundamentally alter the nature of the employment provided by the entity4 7#b7 ,public entities ,with respect to a claim that a public entity violated this section1 the entity shall not be considered to have violated this section if compliance with this section-- 7,a7 would impose an undue burden on the entity2 or 7,b7 would fundamentally alter the nature of the services1 programs1 activities1 or information provided by the entity4 7#c7 ,public accommodations or testing entities ,with respect to a claim that a public accommodation or testing entity violated this section1 the accommodation or entity shall not be considered to have violated this section if compliance with this section-- 7,a7 would impose an undue burden on the accommodation or entity2 or 7,b7 would fundamentally alter the nature of the goods1 services1 facilities1 privileges1 advantages1 accommodations1 or information provided by the accommodation or entity4 7#d7 ,commercial providers ,with respect to a claim that a commercial provider violated this section1 the commercial provider shall not be considered to have violated this section if compliance with this section-- 7,a7 would impose an undue burden on the commercial provider2 or 7,b7 would fundamentally alter the nature of the goods1 services1 facilities1 privileges1 advantages1 accommodations1 programs1 activities1 or information provided by the covered entity served4 #e4 ,rulemaking 7a7 ,public entities1 public accommodations1 and testing entities 7#a7 ,notice of proposed rulemaking ,not later than #ab months after the date of enactment of this ,act1 the ,attorney ,general shall issue1 for purposes of section #d1 a notice of proposed rulemaking regarding the accessibility of websites and applications applicable to covered entities that are public entities or public accommodations or testing entities1 and the commercial providers for the three types of covered entities1 for covered use4 ,such notice shall propose regulations to implement the accessibility obligations of this ,act1 and include standards for accessible websites and applications that offer equally effective experiences for users with disabilities and users without disabilities4 7#b7 ,final rule ,not later than #bd months after the date of enactment of this ,act1 the ,attorney ,general shall issue1 for purposes of section #d1 a final rule regarding the accessibility of websites and applications applicable to the covered entities1 and the commercial providers1 described in paragraph 7#a71 for covered use4 ,such final rule shall implement the accessibility obligations of this ,act and include standards for accessible websites and applications that offer equally effective experiences for users with disabilities and users without disabilities4 7#c7 ,public posting of enforcement actions ,not later than #f months after such issuance1 the ,attorney ,general shall1 to the extent permitted by law1 post publicly on the ,department website any and all settlement documents and documents specifying other resolutions1 resulting from the initiation of enforcement actions1 or filing of administrative or civil actions1 by the ,attorney ,general pursuant to this ,act concerning the covered entities1 and the commercial providers1 described in paragraph 7#a74 7b7 ,employment entities 7#a7 ,notice of proposed rulemaking ,not later than #ab months after the date of enactment of this ,act1 the ,commission shall issue1 for purposes of section #d1 a notice of proposed rulemaking regarding the accessibility of websites and applications applicable to employment entities1 and the commercial providers for employment entities1 for covered use4 ,such notice shall propose regulations to implement the accessibility obligations of this ,act1 and include standards for accessible websites and applications that offer equally effective experiences for users with disabilities and users without disabilities4 7#b7 ,final rule ,not later than #bd months after the date of enactment of this ,act1 the ,commission shall issue1 for purposes of section #d1 a final rule regarding the accessibility of websites and applications applicable to the employment entities1 and the commercial providers1 described in paragraph 7#a71 for covered use4 ,such final rule shall implement the accessibility obligations of this ,act and include standards for accessible websites and applications that offer equally effective experiences for users with disabilities and users without disabilities4 7#c7 ,public posting of enforcement actions ,not later than #f months after such issuance1 the ,commission shall1 to the extent permitted by law1 post publicly on the ,commission website any and all settlement documents1 and documents specifying other resolutions1 resulting from the initiation of enforcement actions1 or filing of administrative or civil actions1 by the ,commission pursuant to this ,act concerning the employment entities1 and the commercial providers1 described in paragraph 7#a74 #f4 ,periodic review 7a7 ,review ,for each of the first #c years after the date of enactment of this ,act1 and every #b years thereafter1 each ,federal agency receiving complaints or engaging in enforcement 7including compliance reviews and investigations71 administrative 7including administrative resolution of a claim of a violation71 or civil actions under this ,act shall submit a report on the complaints and activities to the ,department and the ,commission4 ,the ,attorney ,general and the ,commission shall1 for each of the first #c years and every #b years thereafter1 review complaints received and enforcement1 administrative1 or civil actions taken under this ,act1 to determine whether the purpose of this ,act is being achieved4 ,in conducting such reviews1 the ,attorney ,general and the ,commission may award grants1 contracts1 or cooperative agreements to entities that have documented experience and expertise in collecting and analyzing data associated with implementing reviews of complaints1 and enforcement1 administrative1 and civil actions4 7b7 ,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 7a71 and shall submit the report to the ,committee on ,health1 ,education1 ,labor1 and ,pensions and the ,committee on the ,judiciary of the ,senate and the ,committee on ,education and ,labor and the ,committee on the ,judiciary of the ,house of ,representatives4 7c7 ,updated regulations ,the ,attorney ,general and the ,commission shall issue1 in accordance with this ,act1 updated accessibility regulations every #c years following the date of issuance of the initial accessibility regulations issued under this ,act4 #g4 ,enforcement and administrative action1 and private right of action 7a7 ,public entities1 public accommodations1 and testing entities 7#a7 ,civil action by ,attorney ,general 7,a7 ,in general 7i7 ,investigation after a complaint ,on receiving a complaint filed by an individual with a disability1 a class of individuals with disabilities1 or an entity representing an individual with a disability or such a class1 of a violation of paragraph 7#b7 or 7#c7 of subsection 7a71 as the case may be1 or a complaint filed by a covered entity that is a public entity1 public accommodation1 or testing entity of a violation of subsection 7c71 of section #d 7including a related provision of the final rule issued under section #e7;a771 the ,attorney ,general may conduct an investigation4 ,the investigation shall consist of a review of the corresponding website or application owned1 operated1 or utilized for covered use by such a covered entity1 or provided to such a covered entity by a commercial provider1 to determine whether the covered entity or commercial provider has violated the corresponding provision of section #d4 7ii7 ,other investigation and review ,in addition1 the ,attorney ,general shall1 on the ,attorney ,general's own authority1 investigate practices that may be violations of1 and undertake periodic reviews of compliance of such covered entities and commercial providers with1 the corresponding provision of section #d 7including a related provision of the final rule issued under section #e7;a774 7iii7 ,determination of violation ,if1 after investigation or review under this subparagraph1 the ,attorney ,general determines that such a covered entity or commercial provider has violated the corresponding provision of section #d 7including a related provision of the final rule issued under section #e7;a771 the ,attorney ,general may take administrative action 7including administrative resolution of a claim of such a violation7 or bring a civil action in a district court of the ,united ,states4 7,b7 ,intervention ,if the ,attorney ,general brings such a civil action based on a complaint filed by an individual1 class of individuals1 or entity1 described in subparagraph 7,a71 including a covered entity described in subparagraph 7,a7 alleging a violation by a commercial provider1 such individual1 class1 or entity shall have the right to intervene in such civil action4 7#b7 ,civil action by others ,an individual1 class1 or entity1 described in paragraph 7#a77;,a71 including a covered entity described in paragraph 7#a77;,a7 alleging a violation by a commercial provider1 may bring a civil action alleging a violation of paragraph 7#b7 or 7#c7 of subsection 7a71 or subsection 7c71 as the case may be1 of section #d 7including a related provision of the final rule issued under section #e7;a77 in an appropriate ,state or ,federal court without first filing a complaint with the ,department or exhausting any other administrative remedies4 7b7 ,employment entities 7#a7 ,civil action by ,commission and ,attorney ,general 7,a7 ,in general 7i7 ,investigation after a complaint ,on receiving a complaint filed by a qualified individual1 a class of qualified individuals1 or an entity representing a qualified individual or such a class1 of a violation of subsection 7a77#a71 or a complaint filed by an employment entity of a violation of subsection 7c71 of section #d 7including a related provision of the final rule issued under section #e7;b771 the ,commission may conduct an investigation4 ,the investigation shall consist of a review of the corresponding website or application owned1 operated1 or utilized for covered use by an employment entity1 or provided to an employment entity by a commercial provider1 to determine whether the employment entity or commercial provider has violated the corresponding provision of section #d4 7ii7 ,other investigation and review ,in addition1 the ,commission shall1 on the ,commission's own authority1 investigate practices that may be violations of1 and undertake periodic reviews of compliance of employment entities and commercial providers with1 the corresponding provision of section #d 7including a related provision of the final rule issued under section #e7;b774 7iii7 ,determination of violation ,if1 after investigation or review described in this subparagraph1 the ,commission determines that an employment entity or commercial provider has violated the corresponding provision of section #d 7including a related provision of the final rule issued under section #e7;b771 the ,commission may take administrative action 7including administrative resolution of a claim of such a violation7 or bring a civil action in a district court of the ,united ,states4 7,b7 ,intervention ,if the ,commission brings such a civil action based on a complaint filed by a qualified individual1 class of qualified individuals1 or entity1 described in subparagraph 7,a71 including an employment entity alleging a violation by a commercial provider1 such qualified individual1 class1 or entity shall have the right to intervene in such civil action4 7#b7 ,civil action by others ,a qualified individual1 class1 or entity1 described in paragraph 7#a77;,a71 including an employee or employment entity alleging a violation by a commercial provider1 may bring a civil action alleging a violation of subsection 7a77#a7 or subsection 7c71 as the case may be1 of section #d 7including a related provision of the final rule issued under section #e7;b77 in an appropriate ,state or ,federal court without first filing a complaint with the ,commission or exhausting any other administrative remedies4 7#c7 ,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 #ajg of the ,,ada 7#db ,u4,s4,c4 #abaag74 7c7 ,relief 7#a7 ,civil action by ,attorney ,general or ,commissioner ,in a civil action brought under subsection 7a77#a7 or 7b77#a71 the ,attorney ,general or ,commissioner may seek-- 7,a7 a civil penalty and all appropriate injunctive relief to bring the affected website or application into compliance with section #d2 and 7,b7 on behalf of affected individuals1 all economic and noneconomic damages including compensatory and punitive damages4 7#b7 ,civil action by others ,in a civil action brought under subsection 7a77#b7 or 7b77#b71 the plaintiff may seek all appropriate injunctive relief described in paragraph 7#a77;,a7 and the damages described in paragraph 7#a77;,b74 7#c7 ,attorney's fees ,the prevailing plaintiff 7other than the ,united ,states7 shall also be awarded reasonable attorney's fees and costs4 #h4 ,recommendations 7a7 ,advisory committee 7#a7 ,in general ,the ,attorney ,general and the ,commission shall establish a standing advisory committee 7referred to in this section as the ,committee7 on accessible websites and applications4 ,the ,committee shall be operated and receive resources in accordance with the provisions of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app471 as an advisory committee under the authority of the ,attorney ,general and ,commission4 7#b7 ,composition ,in establishing the ,committee1 the ,attorney ,general and the ,commission-- 7,a7 shall include on the ,committee-- 7i7 individuals with disabilities 7comprising a majority of the members of the ,committee7 who are-- 7,i7 individuals who are blind 7including who have low vision71 deaf1 hard of hearing1 or deafblind2 7,,ii7 individuals who have speech disabilities2 7,,iii7 individuals with physical disabilities including those with limited to no manual dexterity2 and 7,,iv7 individuals who have disabilities not specified in any of subclauses 7,i7 through 7,,iii72 and 7ii7 experts regarding accessible websites and applications for individuals with disabilities2 and 7,b7 may include on the ,committee representatives of-- 7i7 ,state and local government2 7ii7 covered entities2 7iii7 commercial providers2 7iv7 testing entities2 and 7v7 other entities determined to be appropriate by the ,attorney ,general and the ,commission4 7#c7 ,functions ,the ,committee shall provide responsive1 advice and guidance to the ,attorney ,general and the ,commission1 for purposes of carrying out this ,act1 by-- 7,a7 conducting public meetings twice per year1 at a minimum2 7,b7 submitting reports and recommendations to the ,attorney ,general and ,commission1 and making the reports and recommendations publicly available1 every #b years at a minimum2 and 7,c7 otherwise assisting the ,attorney ,general and ,commission in identifying and understanding the impact and implications of innovations with regard to accessible websites and applications4 7b7 ,conferring ,the ,attorney ,general and the ,commission1 in carrying out this ,act1 may confer with the ,national ,council on ,disability1 the ,architectural and ,transportation ,barriers ,compliance ,board1 or any other ,federal department or agency that may have relevant expertise or experience4 #i4 ,technical assistance 7a7 ,purpose ,it is the purpose of this section to establish a technical assistance center to provide1 to covered entities1 commercial providers1 individuals with disabilities1 and other members of the public1 information1 resources1 and technical assistance regarding-- 7#a7 the design1 development1 construction1 alteration1 modification1 or addition of accessible websites and applications in accordance with this ,act2 and 7#b7 the rights of individuals with disabilities1 covered entities1 and commercial providers to access websites and applications in accordance with the ,,ada 7#db ,u4,s4,c4 #abaja et seq47 and this ,act4 7b7 ,support for training and technical assistance ,from amounts made available under section #ab1 the ,attorney ,general1 in coordination with the ,commission1 the ,secretary of ,education1 and other heads of ,federal agencies1 as appropriate shall award1 on a competitive basis1 at least #a grant1 contract1 or cooperative agreement to a qualified training and technical assistance provider to support the development1 establishment1 and procurement of accessible websites and applications4 7c7 ,application 7#a7 ,in general ,to be eligible to receive a grant1 contract1 or cooperative agreement under this section1 an entity shall submit an application to the ,attorney ,general at such time1 in such manner1 and containing such information as the ,attorney ,general may require4 7#b7 ,input ,in awarding a grant1 contract1 or cooperative agreement under this section and in reviewing the activities proposed under the applications described in paragraph 7#a71 the ,attorney ,general1 in coordination with the ,commission1 the ,secretary of ,education1 and other heads of ,federal agencies1 as appropriate-- 7,a7 shall consider the input of-- 7i7 individuals with disabilities who are-- 7,i7 individuals who are blind 7including individuals who have low vision71 deaf1 hard of hearing1 or deafblind2 7,,ii7 individuals who have speech disabilities2 7,,iii7 individuals with physical disabilities1 including individuals with limited to no manual dexterity2 and 7,,iv7 individuals who have disabilities not specified in any of subclauses 7,i7 through 7,,iii72 and 7ii7 experts regarding accessible websites and applications for use by individuals with disabilities2 and 7,b7 may consider on the input of-- 7i7 ,state and local government2 7ii7 covered entities2 7iii7 commercial providers2 7iv7 testing entities2 and 7v7 other entities determined to be appropriate by the ,attorney ,general1 in coordination with the ,commission1 the ,secretary of ,education1 and other heads of ,federal agencies1 as appropriate4 7d7 ,authorized activities 7#a7 ,use of funds 7,a7 ,requests for information ,an entity receiving a grant1 contract1 or cooperative agreement under this section shall support a training and technical assistance program that addresses information requests1 concerning accessible websites and applications1 from covered entities and commercial providers1 including requests for information regarding-- 7i7 effective approaches for developing1 establishing1 and procuring accessible websites and applications2 7ii7 state-of-the-art1 or model1 ,federal1 ,state1 and local laws1 regulations1 policies1 practices1 procedures1 and organizational structures1 that facilitate1 and overcome barriers to1 receipt of funding for1 and access to1 accessible websites and applications2 and 7iii7 examples of policies1 practices1 procedures1 regulations1 or judicial decisions that have enhanced or may enhance access to and receipt of funding for accessible websites and applications4 7,b7 ,coordination ,an entity receiving a grant1 contract1 or cooperative agreement under this section may also provide technical assistance and training1 concerning accessible websites and applications1 for covered entities and commercial providers by-- 7i7 facilitating onsite and electronic information sharing using state-of-the-art internet technologies such as real-time online discussions1 multipoint video conferencing1 and web-based audio or video broadcasts1 on emerging topics regarding accessible websites and applications2 7ii7 convening experts to discuss and make recommendations with regard to national emerging issues regarding accessible websites and applications2 7iii7 sharing best practices and evidence-based practices in developing1 establishing1 and procuring accessible websites and applications2 7iv7 supporting and coordinating activities designed to reduce the financial costs of purchasing technology needed to access accessible websites and applications2 and 7v7 carrying out such other activities as the ,attorney ,general1 in coordination with the ,commission1 the ,secretary of ,education1 and other heads of ,federal agencies1 as appropriate may require4 7,c7 ,collaboration ,in developing and providing training and technical assistance under this section1 an entity receiving a grant1 contract1 or cooperative agreement under this section shall collaborate with-- 7i7 organizations representing individuals with disabilities2 7ii7 organizations or entities that provide services for individuals with disabilities1 such as centers for independent living1 as defined in section #gjb of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gif;a72 7iii7 entities1 such as the ,world ,wide ,web ,consortium1 who develop international standards for accessible websites and applications2 7iv7 entities or individuals with expertise and experience in enforcing disability rights law2 and 7v7 other entities and technical assistance providers determined to be appropriate by the ,attorney ,general1 in coordination with the ,commission1 the ,secretary of ,education1 and other heads of ,federal agencies1 as appropriate4 #aj4 ,study and report on emerging technologies 7a7 ,study and report 7#a7 ,in general ,the ,national ,council on ,disability 7in this section referred to as the ,council7 shall conduct a study and prepare a report on-- 7,a7 the effect that emerging technologies have on the ability of individuals with disabilities to participate in employment1 education1 government1 health care1 commerce1 culture1 and other aspects of society2 and 7,b7 the effectiveness of this ,act in achieving its purpose4 7#b7 ,consideration of effect on individuals with particular barriers ,in conducting the study and preparing the report1 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 communication1 such as individuals with disabilities using those technologies-- 7,a7 who have limited language or limited ,english language2 7,b7 who have significant or targeted disabilities 7including people who are blind1 deaf1 or deafblind72 7,c7 who have disabilities limiting communication2 7,d7 whose household income is at or below #bjj percent of the poverty line1 as defined by the ,federal poverty guidelines of the ,department of ,health and ,human ,services2 7,e7 who lack access to broadband services and technology2 or 7,f7 who are multiply marginalized due to race1 ethnicity1 national origin1 age1 sex1 sexual orientation1 gender identity1 or socioeconomic status4 7b7 ,submission of report ,five years after the date of enactment of this ,act1 the ,council shall submit the report required under subsection 7a7 to the appropriate committees of ,congress1 which shall at minimum include the ,committee on ,health1 ,education1 ,labor1 and ,pensions and the ,committee on the ,judiciary of the ,senate and the ,committee on ,education and ,labor and the ,committee on the ,judiciary of the ,house of ,representatives4 #aa4 ,rules of construction 7a7 ,other provisions of law ,nothing in this ,act shall be construed to affect the scope of obligations imposed by any other provision of law1 including-- 7#a7 section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid71 title ,,ii or ,,iii of the ,,ada 7#db ,u4,s4,c4 #abaca et seq471 and section #aeeg of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahaaf71 that1 consistent with this ,act1 prohibits an exclusion1 denial1 or any other discrimination described in section #d7;a7 by a covered entity1 including any public accommodation1 whether or not the entity has a physical location or is digital only1 and whether or not such exclusion1 denial1 or discrimination takes place in a physical or digital location2 and 7#b7 section #ejh of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid;d7 and section #bee of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bee74 7b7 ,relationship to other laws ,nothing in this ,act shall be construed to invalidate or limit the remedies1 rights1 and procedures of any ,federal law or law of any ,state or political subdivision of any ,state or jurisdiction1 that provides greater or equal protection for the rights of individuals with disabilities than is afforded by this ,act4 7c7 ,consistent regulations ,regulations promulgated under this ,act shall be consistent with1 and shall not contain a standard less protective of individuals with disabilities than1 the standards contained in-- 7#a7 any regulations issued by the ,attorney ,general or the ,commission pursuant to-- 7,a7 title ,i of the ,,ada 7#db ,u4,s4,c4 #abaaa et seq47 for digital access to an item related to an activity described in section #ajb of the ,,ada 7#db ,u4,s4,c4 #abaab71 by covered entities2 7,b7 title ,,ii of the ,,ada 7#db ,u4,s4,c4 #abaca et seq47 for digital access to services1 programs1 or activities1 or information related to such services1 programs1 or activities of covered entities2 or 7,c7 title ,,iii of the ,,ada 7#db ,u4,s4,c4 #abaha et seq47 for digital access to goods1 services1 facilities1 privileges1 advantages1 accommodations1 or information related to such goods1 services1 facilities1 privileges1 advantages1 or accommodations of covered entities2 and 7#b7 the regulations issued by the ,federal ,communications ,commission for video programming and communications services provided via websites and applications4 7d7 ,prohibition on notification requirement ,the ,attorney ,general and the ,commission shall not include1 in the accessibility regulations1 any requirement 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 ,act4 #ab4 ,authorization of appropriations ,there are authorized to be appropriated-- 7#a7 #e1jjj1jjj for each of fiscal years #bjbd through #bjbh to carry out sections #e1 #f1 #g1 and #h2 7#b7 #ae1jjj1jjj for each of fiscal years #bjbd through #bjbh to carry out section #i2 and 7#c7 #aej1jjj for the period of fiscal years #bjbd through #bjbh to carry out section #aj4 #ac4 ,effective date ,this ,act shall take effect #f months after the date of enactment of this ,act1 except that section #d shall apply to covered entities or commercial providers #ab months after that date of enactment4