[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8396 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 8396
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
April 21, 2026
Mr. Calvert (for himself, Mr. Obernolte, Mr. Correa, and Mr. Fine)
introduced the following bill; which was referred to the Committee on
the Judiciary
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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 Compliance for Customer Entry to
Stores and Sites Act of 2026'' or as the ``ACCESS Act of 2026''.
SEC. 2. COMPLIANCE THROUGH EDUCATION.
(a) In General.--Based on existing funding, the Disability Rights
Section of the Department of Justice shall, in consultation with
property owners, website owners and app developers, 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.
(b) Materials Provided in Other Languages.--The Disability Rights
Section of the Department of Justice shall take appropriate actions, to
the extent practicable, to make technical assistance publications
relating to compliance with this Act and the amendments made by this
Act available in all the languages commonly used by owners and
operators of United States businesses.
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.--
``(i) In general.--A civil action under
section 302 or 303 based on the failure to--
``(I) remove an architectural
barrier to access into an existing
public accommodation, or
``(II) or any technological barrier
to access to a website or mobile
application,
may not be commenced by a person aggrieved by
such failure unless that person has complied
with the requirements of clause (ii).
``(ii) Requirements for providing cure
period.--The requirements of this clause are
that--
``(I) the 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)(aa) 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
``(bb) if the owner or operator
provides the written description under
subclause (I), the owner or operator
fails to remove the barrier or, in the
case of a barrier, the removal of which
requires additional time as a result of
circumstances beyond the control of the
owner or operator, fails to make
substantial progress in removing the
barrier during the period beginning on
the date the description is provided
and ending 60 days after that date.
``(C) Specification of details of alleged
violation.--The written notice required under
subparagraph (B) shall also specify in detail the
circumstances under which an individual was actually
denied access to a public accommodation, including--
``(i) the address of property or the
necessary information to access the website or
mobile application (including a URL or Bundle
ID);
``(ii) whether a request for assistance in
removing a barrier to access was made; and
``(iii) whether the barrier to access was a
permanent or temporary barrier.''.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act 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 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. STUDY REGARDING WCAG 2.0 STANDARDS.
Not later than 1 year after the date of enactment of this Act, the
Attorney General shall complete a study to determine whether WCAG 2.0
standards, accessibility widgets, or providing a telephone number
through which members of the public can obtain the same information and
services as they would on a website would all provide reasonable
accommodations for individuals with disabilities who are protected by
the provisions of the Americans with Disabilities Act of 1990.
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