ADA Compliance for Customer Entry to Stores and Services Act
Bill: H.R.77 | Sponsor: Rep. Calvert, Ken (R-CA)
Policy area: Civil Rights and Liberties, Minority Issues

Summary:
ADA Compliance for Customer Entry to Stores and Services Act or the ACCESS Act
This bill addresses access to public accommodations for persons with a disability.
The bill requires the Department of Justice (DOJ) to develop a program to educate state and local governments and property owners on strategies for promoting access to public accommodations for persons with a disability.
The bill authorizes an aggrieved person, after taking specified actions, to commence a civil action based on the failure to remove an architectural barrier to access an existing public accommodation. Specifically, the aggrieved person must have provided the owners or operators a written notice specific enough to identify the barrier and specify the circumstances under which public accommodation access was denied. The owners or operators must have (1) failed to provide the person a written description outlining improvements that will be made to improve the barrier, or (2) failed to remove the barrier or make substantial progress after providing such a description.
The Judicial Conference of the United States must develop a model program to promote alternative dispute resolution mechanisms to resolve claims involving architectural barriers to access for public accommodations.
Finally, the bill requires DOJ to complete a study of whether certain web content standards or information services for individuals with disabilities provided telephonically provide the same accommodations as would be available on a website.

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 Services Act'' or the ``ACCESS Act''.

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 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.--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, 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) must also specify in detail the 
                circumstances under which an individual was actually 
                denied access to a public accommodation, including the 
                address of property, 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 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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