[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5813 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5813
To establish uniform accessibility standards for websites and
applications of employers, employment agencies, labor organizations,
joint labor-management committees, public entities, public
accommodations, testing entities, and commercial providers, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 28, 2023
Mr. Sarbanes (for himself and Mr. Sessions) introduced the following
bill; which was referred to the Committee on Education and the
Workforce, and in addition to the Committee on the Judiciary, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To establish uniform accessibility standards for websites and
applications of employers, employment agencies, labor organizations,
joint labor-management committees, public entities, public
accommodations, testing entities, and commercial providers, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Websites and Software Applications
Accessibility Act of 2023''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Section 2(b)(1) of the Americans with Disabilities Act
of 1990 states that the Act provides ``a clear and
comprehensive national mandate for the elimination of
discrimination against individuals with disabilities'' (42
U.S.C. 12101(b)(1)).
(2) In 1990, websites and applications were 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 activities of a vast number of ADA-covered entities
now occur in whole or in part through websites and
applications, a shift that has been 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.
(6) Many entities, including those covered by the ADA, rely
on third-party technology providers to deliver goods and
services via websites and applications, yet these websites and
applications are often created and developed in a manner that
is inaccessible to individuals with disabilities.
(7) Despite the ADA's clear language covering all services,
programs, and activities of public entities, all goods,
services, facilities, privileges, advantages, and
accommodations of public accommodations, and all terms,
conditions, and privileges of employment and certain actions of
employers, including when conducted through websites and
applications, most websites and applications contain
significant barriers for individuals with disabilities.
(8) When Congress enacted the ADA in 1990, Congress
intended for the ADA to keep pace with rapidly changing
technology. The Department of Justice has rightly acknowledged
that the ADA requires covered entities to ensure that their
websites are accessible to individuals with disabilities.
(9) Some courts have misconstrued the ADA, saying the ADA
does not cover websites despite the clear language of the ADA's
provisions.
(10) Without equal access to websites and 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
websites 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 standards
for websites and applications and to periodically update such
standards;
(3) 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 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.
SEC. 3. DEFINITIONS.
In this Act:
(1) Accessible.--The term ``accessible'' or
``accessibility'', used with respect to a website or
application, means a perceivable, operable, understandable, and
robust website or application that enables individuals with
disabilities to access the same information as, to engage in
the same interactions as, to communicate and to be understood
as effectively as, and to enjoy the same services as are
offered to, other individuals with the same privacy, same
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) ADA.--The term ``ADA'' means the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(4) Application.--The term ``application'' means software
that is designed to run on a device, including a smartphone,
tablet, self-service kiosk, wearable technology item, or laptop
or desktop 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.
(5) 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 website 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.
(6) Commission.--The term ``Commission'' means the Equal
Employment Opportunity Commission.
(7) Covered entity.--The term ``covered entity'' means an
employment entity, public entity, public accommodation, or
testing entity.
(8) Covered use.--The term ``covered use'' means--
(A) use by a public entity to provide a service,
program, or activity, or information related to such
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. 1811), to an applicant,
participant, or other member of the public;
(B) use by a public accommodation or testing entity
to provide a good, service, facility, privilege,
advantage, or accommodation, or information related to
such good, service, facility, privilege, advantage, or
accommodation, to customers or other members of the
public, regardless of whether the public accommodation
or testing entity owns, operates, or utilizes a
physical location for covered use; or
(C) 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.
(9) Department.--The term ``Department'' means the
Department of Justice.
(10) Disability.--The term ``disability'' has the meaning
given the term in section 3 of the ADA (42 U.S.C. 12102).
(11) Employee.--The term ``employee'' has the meaning given
the term in section 101 of the ADA (42 U.S.C. 12111).
(12) Employer.--The term ``employer'' has the meaning given
the term in section 101 of the ADA (42 U.S.C. 12111).
(13) Employment agency.--The term ``employment agency'' has
the meaning given the term in section 701 of the Civil Rights
Act of 1964 (42 U.S.C. 2000e).
(14) Employment entity.--The term ``employment entity''
means an employer, employment agency, labor organization, or
joint labor-management committee.
(15) 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, websites, videos, and electronic
documents.
(16) 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.
(17) Labor organization.--The term ``labor organization''
has the meaning given the term in section 701 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e).
(18) Operable.--The term ``operable'', used with respect to
a website or application, means that user interface components
and navigation for the website or application can be operated
by individuals with disabilities.
(19) Perceivable.--The term ``perceivable'', used with
respect to a website or application, means that information and
user interface components for the website or application are
presentable in ways that individuals with disabilities can
perceive.
(20) Public accommodation.--The term ``public
accommodation'' means a private entity described in paragraph
(7) of section 301 of the ADA (42 U.S.C. 12181) who owns,
operates, or utilizes a website or application for covered use.
(21) 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).
(22) 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).
(23) Robust.--The term ``robust'', used with respect to a
website or application, means a website or 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.
(24) Small entity.--The term ``small entity'' means an
entity or provider defined as a small entity in the regulations
issued under subsection (a) or (b) of section 5.
(25) Software definitions.--
(A) Platform software.--
(i) In general.--The term ``platform
software'' means software--
(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 and is a 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;
(II) Apple Xcode; and
(III) Eclipse Foundation Eclipse.
(26) State.--The term ``State'' means each of the several
States, the District of Columbia, and any territory or
possession of the United States.
(27) Testing entity.--The term ``testing 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.
(28) Understandable.--The term ``understandable'', used
with respect to a website or application, means that the
components of the user interface for the website or
application, including any input fields, error messages, and
correction opportunities, are predictable and can be understood
and used by individuals with disabilities.
(29) Website.--The term ``website'' means any collection of
related web pages, images, videos, or other digital assets
placed in one or more computer server-based file archives so
that the collection can be accessed by applicants, employees,
participants, customers, or other members of the public over
the internet or through a private computer network.
SEC. 4. ACCESS TO WEBSITES AND APPLICATIONS.
(a) General Rules for Covered Entities.--
(1) Employment entity.--No employment entity shall subject
to discrimination, related to a website or application owned,
operated, or utilized f