[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3446 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 3446

To amend the Americans with Disabilities Act of 1990 regarding remedies 
                and procedures, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 28, 2016

 Mr. Flake (for himself and Mr. Wicker) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Americans with Disabilities Act of 1990 regarding remedies 
                and procedures, 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 
2016''.

SEC. 2. COMPLIANCE THROUGH EDUCATION.

    From amounts made available to the Disability Rights Section of the 
Department of Justice as of the effective date of this Act, 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 guidance 
about remediation for potential violations of the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

SEC. 3. 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.
                    ``(C) Specification of details of alleged 
                violation.--The written notice required under 
                subparagraph (B) must also specify in detail the 
                circumstances under which an individual was actually 
                denied access to a public accommodation, including the 
                address of the property, the specific sections of this 
                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.''.

SEC. 4. EFFECTIVE DATE.

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

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 such 
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.
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