moving an architectural barrier to access was made, and 
whether the barrier to access was a permanent or tem-
porary 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 PROCE-
DURES.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (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 rem-
edies 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 dis-
crimination in violation of section 303. Nothing 
in this section shall require a person with a dis-
ability to engage in a futile gesture if such per-
son has actual notice that a person or organiza-
tion covered by this title does not intend to 
comply with its provisions. 
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‘‘(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 fail-
ure 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 oper-
ator fails to provide to that person a writ-
ten 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 be-
ginning on the date the description is pro-
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vided and ending 120 days after that 
date.’’. 
SEC. 5. MEDIATION FOR ADA ACTIONS RELATED TO ARCHI-
TECTURAL 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 commu-
nity, develop a model program to promote the use of alter-
native dispute resolution mechanisms, including a stay of 
discovery during mediation, to resolve claims of architec-
tural barriers to access for public accommodations. To the 
extent practical, the Federal Judicial Center should pro-
vide 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 litiga-
tion. The model program should include an expedited 
method for determining the relevant facts related to such 
barriers to access and steps taken before the commence-
ment 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. 
Æ 
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