[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3765 Introduced in House (IH)]

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114th CONGRESS
  1st Session
                                H. R. 3765

    To amend the Americans with Disabilities Act of 1990 to promote 
 compliance through education, to clarify the requirements for demand 
      letters, to provide for a notice and cure period before the 
    commencement of a private civil action, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 20, 2015

 Mr. Poe of Texas (for himself, Mr. Collins of Georgia, and Mr. Jolly) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend the Americans with Disabilities Act of 1990 to promote 
 compliance through education, to clarify the requirements for demand 
      letters, to provide for a notice and cure period before the 
    commencement of a private civil action, 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 ``ADA Education and Reform Act of 
2015''.

SEC. 2. COMPLIANCE THROUGH EDUCATION.

    Based on existing funding, the Disability Rights Section of the 
Department of Justice shall, in consultation with property owners and 
representatives of the disability rights community, develop a program 
to educate State and local governments and property owners on effective 
and efficient strategies for promoting access to public accommodations 
for persons with a disability (as defined in section 3 of the Americans 
with Disabilities Act (42 U.S.C. 12102)). Such program may include 
training for professionals such as Certified Access Specialists to 
provide a guidance of remediation for potential violations of the 
Americans with Disabilities Act.

SEC. 3. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO ADA 
              COMPLIANCE DEMAND LETTERS.

    It shall be unlawful for any person to send or otherwise transmit a 
demand letter or other form of pre-suit notification alleging a 
violation of section 302 or 303 of the Americans with Disabilities Act 
of 1990 (29 U.S.C. 12182; 12183) if such letter or communication does 
not specify in detail the circumstances under which an individual was 
actually denied access to a public accommodation, including the address 
of property, the specific sections of the Americans with Disabilities 
Act alleged to have been violated, whether a request for assistance in 
removing an architectural barrier to access was made, and whether the 
barrier to access was a permanent or temporary barrier. Any person who 
violates this section shall be fined under title 18, United States 
Code.

SEC. 4. NOTICE AND CURE PERIOD.

    Paragraph (1) of section 308(a) of the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12188(a)(1)) is amended to read as follows:
            ``(1) Availability of remedies and procedures.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                remedies and procedures set forth in section 204(a) of 
                the Civil Rights Act of 1964 (42 U.S.C. 2000a-3(a)) are 
                the remedies and procedures this title provides to any 
                person who is being subjected to discrimination on the 
                basis of disability in violation of this title or who 
                has reasonable grounds for believing that such person 
                is about to be subjected to discrimination in violation 
                of section 303. Nothing in this section shall require a 
                person with a disability to engage in a futile gesture 
                if such person has actual notice that a person or 
                organization covered by this title does not intend to 
                comply with its provisions.
                    ``(B) Barriers to access to existing public 
                accommodations.--A civil action under section 302 or 
                303 based on the failure to remove an architectural 
                barrier to access into an existing public accommodation 
                may not be commenced by a person aggrieved by such 
                failure unless--
                            ``(i) that person has provided to the owner 
                        or operator of the accommodation a written 
                        notice specific enough to allow such owner or 
                        operator to identify the barrier; and
                            ``(ii)(I) during the period beginning on 
                        the date the notice is received and ending 60 
                        days after that date, the owner or operator 
                        fails to provide to that person a written 
                        description outlining improvements that will be 
                        made to remove the barrier; or
                            ``(II) if the owner or operator provides 
                        the written description under subclause (I), 
                        the owner or operator fails to remove the 
                        barrier or to make substantial progress in 
                        removing the barrier during the period 
                        beginning on the date the description is 
                        provided and ending 120 days after that 
                        date.''.

SEC. 5. MEDIATION FOR ADA ACTIONS RELATED TO ARCHITECTURAL BARRIERS.

    The Judicial Conference of the United States shall, under rule 16 
of the Federal Rules of Civil Procedure or any other applicable law, in 
consultation with property owners and representatives of the disability 
rights community, develop a model program to promote the use of 
alternative dispute resolution mechanisms, including a stay of 
discovery during mediation, to resolve claims of architectural barriers 
to access for public accommodations. To the extent practical, the 
Federal Judicial Center should provide a public comment period on any 
such proposal. The goal of the model program shall be to promote access 
quickly and efficiently without the need for costly litigation. The 
model program should include an expedited method for determining the 
relevant facts related to such barriers to access and steps taken 
before the commencement of litigation to resolve any issues related to 
access.

SEC. 6. EFFECTIVE DATE.

    This Act and the amendments made by this Act take effect 30 days 
after the date of the enactment of this Act.
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