[Nfbc-info] H.R. 3765, The ADA Education and Reform Act of 2015

[Ali Faraj]

Hi all,

Just a heads up in the event this interests you, you're for or against it.

H.R.3765 -- ADA Education and Reform Act of 2015 (Introduced in House - IH)

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.

http://thomas.loc.gov/cgi-bin/query/z?c114:H.R.3765:

Best,

Ali