[NHLakesChapter] 2024 Websites and Software Applications Accessibility Act Fact Sheet

Wed Jan 3 21:56:33 UTC 2024

Websites and Software Applications Accessibility Act (H.R. 5813/S. 2984)

Issue-Websites are essential for everyday living, but most people with
disabilities experience unnecessary accessibility barriers.

Websites and mobile applications are an essential part of modern living.
More than 311 million Americans use the internet,[i] and 85 percent of
Americans say that they access the internet at least once each day.[ii] That
means that nearly the entire country is accessing websites and mobile
applications every day. The need to access websites and mobile applications
doesn't stop when it reaches Americans with disabilities. According to the
American Community Survey, conducted by the United States Census Bureau,
there are approximately forty-two million Americans who currently have a
disability.[iii] This means that millions of disabled Americans are using
websites and mobile applications.  

Uncertainty about how to accomplish website accessibility is plaguing many
small businesses. Many businesses are required by law to make their websites
accessible but claim to have no clear-cut definition of what "accessible"
actually means. Meanwhile, people with disabilities must cope with
inaccessible websites. Businesses yearn for a clear definition of website
accessibility to protect themselves from legal action taken by blind and
disabled consumers unable to access their websites. 

Current law leaves small businesses responsible for inaccessible websites
designed by third-party developers. There is no protection in the law for a
small business that paid a third-party developer to design and build its
website. This leaves small businesses open to litigation that could hinder
economic growth and have a chilling effect on others who may want to start
their own small business.  

Accessibility is achievable, and the United States is failing to keep up
with international accessibility standards. Canada and the European Union
have statutes defining accessibility. The United States has historically
been a world leader on disability issues and technological innovation. Being
a leader in website accessibility is no different, as the success of
tomorrow's economy will be based on inclusivity in competitive markets. The
United States is losing out on economic gains as other nations take
advantage of this opportunity. 

Solution-Websites and Software Applications Accessibility Act will:

Safeguard small businesses and establish a comprehensive statutory
definition for "accessibility." Protects small businesses by holding
third-party website developers accountable and by maintaining the current
defenses of undue burden and fundamental alteration. A comprehensive and
clear-cut definition of "accessibility" will end any confusion regarding the
requirements that covered entities and commercial providers need to meet.   

Establish a technical assistance center to provide technical assistance to
covered entities, commercial providers, and individuals with disabilities.
The technical assistance centers will aid in the construction, development,
design, alteration, and modification of websites in accordance with the
rules. The Attorney General, the Commission, and the Secretary of Education
will award a grant program to a qualified technical assistance provider to
support the development, establishment, and procurement of accessible
websites and applications. 

Direct the Department of Justice (DOJ) and Equal Employment Opportunity
Commission (EEOC) to promulgate accessibility regulations. The DOJ and EEOC
will have twelve months following the enactment of the legislation to issue
a notice of proposed rulemaking regarding website and mobile application
accessibility, then an additional twelve months to issue the final rule. 

GOAL-END WEBSITE AND SOFTWARE APPLICATION INACCESSIBILITY FOR AMERICANS WITH
DISABILITIES. 

Cosponsor the Websites and Software Applications Accessibility Act (H.R.
5813/S. 2984).

To cosponsor the Websites and Software Applications Accessibility Act in the
Senate, contact:

Stephanie DeLuca, Legislative Assistant for Senator Duckworth (D-IL)

Phone: 202-224-2854/ Email:  <mailto:stephanie_deluca at duckworth.senate.gov>
stephanie_deluca at duckworth.senate.gov

To cosponsor the Websites and Software Applications Accessibility Act in the
House, contact:

Katie Teleky, Legislative Director for Representative Sarbanes (D-MD)

Phone: 202-225-4016/ Email:  <mailto:kathleen.teleky at mail.house.gov>
kathleen.teleky at mail.house.gov

For more information, contact:

Jeff Kaloc, Government Affairs Specialist, National Federation of the Blind 

Phone: 410-659-9314, extension 2206 - Email:  <mailto:jkaloc at nfb.org>
jkaloc at nfb.org

  _____  

  _____  

[i] Statista. "Countries with the highest number of internet users as of
January 2023." August 2023.
https://www.statista.com/statistics/262966/number-of-internet-users-in-selec
ted-countries/#:~:text=Countries%20with%20the%20highest%20number%20of%20inte
rnet%20users%202023&text=As%20of%20January%202023%2C%20China,around%20311%20
million%20internet%20users

[ii] Andrew Perrin & Madhu Kumar. "About three-in-ten U.S. adults say they
are 'almost constantly' online." March 26, 2021.
https://www.pewresearch.org/short-reads/2021/03/26/about-three-in-ten-u-s-ad
ults-say-they-are-almost-constantly-online/

[iii] United States Census Bureau. "Anniversary of Americans with
Disabilities Act: July 26, 2023."
https://www.census.gov/newsroom/facts-for-features/2023/disabilities-act.htm
l

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