Sec. 3. Definitions

1,303 words·~6 min read·/bill/118/hr/5813/ih/section-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this Act: 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.

The term accessibility regulations means the regulations issued under section 5 in accordance with this Act. The term ADA means the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). 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.

The term commercial provider means any entity, including a public or private entity— whose operations affect commerce; and 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. The term Commission means the Equal Employment Opportunity Commission. The term covered entity means an employment entity, public entity, public accommodation, or testing entity. The term covered use means— 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; 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 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. The term Department means the Department of Justice. The term disability has the meaning given the term in section 3 of the ADA ( 42 U.S.C. 12102 ). The term employee has the meaning given the term in section 101 of the ADA ( 42 U.S.C. 12111 ). The term employer has the meaning given the term in section 101 of the ADA ( 42 U.S.C. 12111 ). 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 ). The term employment entity means an employer, employment agency, labor organization, or joint labor-management committee. The term information and communication technology — means— 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 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 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. 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. 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 ). 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. 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. 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. The term public entity has the meaning given the term public entity in section 201 of the ADA ( 42 U.S.C. 12131 ). 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 ). 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. 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. The term platform software means software— that interacts with hardware or provides services for other software; that may run or host other software, and may isolate the other software from underlying software or hardware layers; and a single component of which may have both platform and non-platform aspects. For purposes of clause (i), the term platform includes— a desktop operating system; an embedded operating system, including a mobile system; a web browser; a plugin to a web browser that renders a particular media or format; and a set of components that allows another application to execute, such as an application which supports macros or scripting. In subparagraphs

(A)and (C), the term software — 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 includes applications, non-web software, platform software, and software tools. The term software tool means software— for which the primary function is the development of other software; and that usually comes in the form of an Integrated Development Environment and is a suite of related products and utilities. In clause (i), the term Integrated Development Environment means an application such as— Microsoft® Visual Studio®; Apple® Xcode®; and Eclipse Foundation Eclipse®. The term State means each of the several States, the District of Columbia, and any territory or possession of the United States. 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. 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. 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.

Connectionstraces to 8

Traces to 8 documents

U.S. Code