S. 3974 — Websites and Software Applications Accessibility Act of 2026

This section revises the findings and purposes of the Americans with Disabilities Act of 1990 (ADA) by adding 10 new congressional findings. These findings affirm the ADA's mandate to eliminate disability discrimination, including through web content and applications offered by covered entities (i.e., employers under Title I, public entities under Title II, and public accommodations under Title III); recognize the ADA's intent to keep pace with technology and Department of Justice regulations requiring accessible web content, effective communication technologies (e.g., captioning, screen readers), and technical standards for public entities; note that the digital economy accounts for nearly 10% of U.S. gross domestic product and 85% of U.S. adults access the internet daily; observe that most covered entities' web content remains inaccessible; and clarify that Title III covers all web content and applications of public accommodations, regardless of physical location or nexus (contrary to certain court interpretations). The section also adds four purposes: (1) to affirm ADA requirements for accessible web content and applications used by covered entities to interact with the public, whether physical or digital-only; (2) to require the Department of Justice and Equal Employment Opportunity Commission to set, enforce, and periodically update standards for web content (including electronic documents) and applications; (3) to remedy systemic inaccessibility excluding individuals with disabilities; and (4) to address emerging technologies.

This section defines 22 terms for purposes of the Act, including "accessible" (i.e., web content or an application perceivable, operable, understandable, and robust that enables individuals with disabilities to access information, engage in interactions, conduct transactions, communicate, and enjoy services with the same privacy, independence, and ease of use as individuals without disabilities); "covered entity" (i.e., employment entity, public entity, public accommodation, or testing entity); "covered use" (i.e., use by such entities in employment decisions or procedures, public services or programs, or providing goods, services, or accommodations); "employment entity" (i.e., employer, employment agency, labor organization, or joint labor-management committee); and "joint labor-management committee" (i.e., a committee established under 29 U.S.C. 175a and engaged in commerce).

This section prohibits covered entities—employment entities (under ADA Title I, 42 U.S.C. 12112), public entities (under ADA Title II), and public accommodations or testing entities (under ADA Title III)—from discriminating against individuals with disabilities related to web content or applications owned, operated, or utilized for covered use. It requires such entities to ensure web content and applications are accessible and that communications with individuals with disabilities through such content and applications are as effective as with others; prohibits commercial providers from designing, developing, or providing inaccessible web content or applications to covered entities for covered use; and establishes defenses against violation claims where compliance would impose an undue burden or fundamentally alter the nature of the relevant employment, services, programs, activities, goods, or accommodations.

This section directs the Attorney General to issue a notice of proposed rulemaking (NPRM) within 12 months of enactment, and a final rule within 24 months, establishing accessibility standards for web content and applications used by public entities, public accommodations, testing entities, and their commercial providers—standards that provide equally effective experiences for users with and without disabilities and account for small entity capabilities. The final rule takes effect 3 years after issuance for small entities and 30 days after issuance for others; within 6 months after issuance, the Attorney General must publicly post enforcement-related settlement and resolution documents on the Department of Justice website, to the extent permitted by law. This section similarly directs the Equal Employment Opportunity Commission to issue an NPRM within 12 months of enactment, and a final rule within 24 months, establishing such accessibility standards for employment entities and their commercial providers. The final rule takes effect 2 years after issuance for small entities and 30 days after issuance for others; within 6 months after issuance, the Commission must publicly post enforcement-related settlement and resolution documents on its website, to the extent permitted by law.

This section establishes periodic reviews of complaints received and enforcement, administrative, and civil actions taken under the Act. For each of the first three years after enactment and every two years thereafter, (1) each federal agency engaging in such activities must submit reports to the Department and the Commission, and (2) the Attorney General and the Commission must review those activities to determine if the Act's purposes are being achieved (including by awarding grants, contracts, or cooperative agreements for data analysis) and submit reports on the results to the Senate Committees on Health, Education, Labor, and Pensions and the Judiciary and the House Committees on Education and Workforce and the Judiciary. The section also requires the Attorney General and the Commission to issue updated accessibility regulations every three years following the initial regulations under the Act.

This section establishes enforcement mechanisms for violations of section 4's web accessibility requirements (including related final rules under section 5). For non-employment covered entities (i.e., public entities, public accommodations, testing entities) and commercial providers, it authorizes the Attorney General to investigate complaints or initiate reviews of web content or applications, pursue administrative action or civil suits upon finding violations, permit complainant intervention, and allow private civil actions in state or federal court without administrative exhaustion. For employment entities and commercial providers, it provides parallel authority to the EEOC and clarifies that the Attorney General performs applicable functions under existing law (42 U.S.C. 12117). It authorizes the Attorney General or EEOC in civil actions to seek civil penalties, injunctive relief for compliance, and relief on behalf of affected individuals.

This section establishes a standing advisory committee on accessible web content and applications, operated under the Federal Advisory Committee Act, with a majority of members being individuals with disabilities (i.e., who are blind or have low vision, deaf, hard of hearing or deafblind, have speech disabilities, have physical disabilities including limited manual dexterity, or have other disabilities), along with experts on accessible web content and applications and at least one representative from the U.S. Access Board; the Attorney General and Commission may also include representatives from state and local governments, covered entities (including small entities), commercial providers, testing entities, and others. The committee must hold public meetings at least twice per year, submit publicly available reports and recommendations to the Attorney General and Commission at least every two years, and assist them in assessing innovations' impacts on accessible web content and applications. The section further requires the Attorney General and Commission, in implementing the Act, to confer with the National Council on Disability, the Architectural and Transportation Barriers Compliance Board (U.S. Access Board), or other relevant federal entities.

This section establishes a technical assistance center to provide covered entities, commercial providers, individuals with disabilities, and the public with information, resources, training, and technical assistance on designing, developing, constructing, altering, or procuring accessible web content and applications in accordance with this Act and ADA rights. From amounts made available under section 13, the Attorney General, in coordination with the Federal Trade Commission, Secretary of Education, U.S. Access Board, and other agencies as appropriate, awards at least one competitive grant, contract, or cooperative agreement to a qualified provider. In awarding such awards, the Attorney General considers input from specified disability communities (i.e., blind/low-vision, deaf/hard-of-hearing/deafblind, speech-disabled, physical/mobility-disabled, and others), accessibility experts, and the Access Board, and may consider input from state/local governments, covered entities, commercial providers, testing entities, and others. Authorized activities include responding to information requests on effective accessibility approaches, model laws/policies, and judicial decisions; facilitating information sharing via online technologies and expert convenings; sharing best practices; reducing technology costs; and collaborating with disability organizations, centers for independent living (i.e., consumer-controlled, community-based nonprofits providing independent living core services to individuals with significant disabilities under the Rehabilitation Act of 1973), standards bodies such as the World Wide Web Consortium and National Institute of Standards and Technology, the ADA National Network, small business assistance agencies, and government/education professionals.

This section directs the National Council on Disability to conduct a study and prepare a report on (A) the effects of emerging technologies on individuals with disabilities' participation in employment, education, government, health care, commerce, culture, and other aspects of society and (B) the effectiveness of this Act in achieving its purpose, with consideration of impacts on individuals facing particular barriers (e.g., limited English proficiency, significant disabilities such as blindness or deafness, low income at or below 200% of the federal poverty line, lack of broadband access, or multiple marginalizations due to race, ethnicity, age, sex, sexual orientation, gender identity, or socioeconomic status). The Council must submit the report to the Senate Committees on Health, Education, Labor, and Pensions and the Judiciary and the House Committees on Education and Workforce and the Judiciary five years after enactment.

This section establishes a grant program, funded from amounts under section 13, under which the technical assistance center designated under section 9—in coordination with the Attorney General and the Commission—awards grants of up to $10,000 to small entities for each of the first five years following the date of issuance (i.e., the earlier of final rules under section 5(a) or 5(b)). Grants support auditing, testing, remediating inaccessible web content or applications, or procuring accessible replacements to comply with the Act; eligible small entities (covered entities or commercial providers) must apply demonstrating small-entity status, the presence of inaccessible content or applications requiring remediation or replacement, and a compliance plan, and grant recipients must verify resulting accessibility.

This section establishes rules of construction clarifying that the Act (1) does not affect obligations under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), specified titles of the Americans with Disabilities Act (ADA), Section 1557 of the Patient Protection and Affordable Care Act, Section 508 of the Rehabilitation Act, or Section 255 of the Communications Act of 1934; (2) does not invalidate or limit remedies, rights, or procedures under any federal, state, or local law providing greater or equal protection for individuals with disabilities; (3) requires regulations under the Act to be consistent with and no less protective than specified ADA regulations on digital accessibility and Federal Communications Commission regulations on video programming and web-based communications services; and (4) prohibits the Attorney General or Commission from requiring pre-suit notification of alleged violations before commencing a civil action.