Online Accessibility Act
- Bill Number
- H.R. 9539
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Status
- Introduced
- Latest Action
- 2026-06-30: Referred to the House Committee on Energy and Commerce.
- Last Updated
- 2026-07-06T13:38:29Z
AI-Generated Summary
Purpose This legislation amends the Americans with Disabilities Act of 1990 to prohibit discrimination against individuals with disabilities on consumer-facing websites and mobile applications operated by private entities. It establishes accessibility standards and enforcement procedures for these digital services.
Key Provisions
- General prohibition: Private owners or operators of consumer-facing websites and mobile applications may not exclude individuals from full and equal access due to disability.
- Compliance standard: Websites and applications must substantially comply with the Web Content Accessibility Guidelines (WCAG) 2.0 Level A and Level AA, or provide an equivalent alternative means of access.
- Regulatory process: The Access Board must issue definitions for key terms, promulgate implementing regulations within a defined timeline (notice of proposed rulemaking within 180 days, public comment, OMB review, and final rules), and periodically update standards for technological changes. The Department of Justice must create a complaint process. Regulations include flexibility for small businesses.
- Administrative remedies: Individuals must first notify the owner/operator of noncompliance. If unresolved within 60 days, a complaint may be filed with the Department of Justice. The Attorney General investigates within 180 days.
- Enforcement: The Attorney General may file civil actions for patterns of discrimination or issues of public importance, seeking equitable relief, monetary damages (excluding punitive damages), and civil penalties up to $20,000 for a first violation or $50,000 for subsequent violations.
- Private right of action: Available only after exhausting administrative remedies; it is the sole remedy. Complaints must plead specific barriers with particularity.
- Definitions: "Consumer facing website" refers to publicly accessible commercial sites; "mobile application" includes apps on mobile platforms; "small business" follows the Small Business Act definition.
Significant Changes to Existing Law The bill adds a new Title VI to the ADA, extending coverage to private digital services not previously addressed under the statute. It introduces mandatory administrative exhaustion before private lawsuits, specific pleading requirements, and a detailed regulatory timeline involving the Access Board and Department of Justice. It also caps civil penalties and limits remedies by excluding punitive damages.
Potential Impacts
- Government agencies: Increases responsibilities for the Access Board (standard-setting and rulemaking) and Department of Justice (complaint handling and enforcement), including periodic compliance reviews.
- Citizens: Enhances access to online services for individuals with disabilities while requiring specific steps before legal action.
- International relations: No direct provisions address international matters.
Main Stakeholders Affected
- Private entities owning or operating consumer-facing websites and mobile applications.
- Individuals with disabilities seeking accessible digital services.
- Small business concerns, which receive compliance flexibility.
- Federal agencies including the Access Board and Department of Justice.
Notable Legal, Constitutional, or Political Implications The legislation creates an exclusive remedy structure requiring administrative exhaustion, which differs from direct private enforcement in other ADA titles. It mandates particularized pleading in lawsuits and grants the Attorney General authority to certify state or local laws that meet or exceed federal standards. The bill focuses on commercial digital accessibility without addressing constitutional challenges or broader policy debates.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Rep. Correa, J. Luis [D-CA-46]
Recent Actions
- 2026-06-30: Referred to the House Committee on Energy and Commerce.
- 2026-06-30: Introduced in House
- 2026-06-30: Introduced in House
Bill Versions
- Online Accessibility Act — issued 2026-06-30 — PDF (12 pages)