ADA Education and Reform Act of 2017
(Sec. 2) This bill requires the Disability Rights Section of the Department of Justice 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 program may include training for professionals to provide a guidance of remediation for potential violations of the Americans with Disabilities Act of 1990.
(Sec. 3) The bill prohibits civil actions based on the failure to remove an architectural barrier to access into an existing public accommodation unless: (1) the aggrieved person has provided to the owners or operators a written notice specific enough to identify the barrier, and (2) the owners or operators fail to provide the person with a written description outlining improvements that will be made to improve the barrier or they fail to remove the barrier or make substantial progress after providing such a description. The aggrieved person's notice must specify the circumstances under which public accommodation access was denied.
(Sec. 5) The Judicial Conference of the United States must develop a model program to promote alternative dispute resolution mechanisms to resolve such claims. The model program should include an expedited method for determining relevant facts related to such barriers and steps to resolve accessibility issues before litigation.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 620 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 620
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
January 24, 2017
Mr. Poe of Texas (for himself, Mr. Peters, Mr. Calvert, Mr. Bera, Ms.
Speier, and Mr. Conaway) 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
2017''.
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. 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 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.''.
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.
<all>
DEBATE - Pursuant to the provisions of H.Res. 736, the Committee of the Whole proceeded with 10 minutes of debate on the Denham Part A amendment No. 1.
DEBATE - Pursuant to the provisions of H.Res. 736, the Committee of the Whole proceeded with 10 minutes of debate on the Langevin Part A amendment No. 2.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Langevin amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Langevin demanded a recorded vote, and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
DEBATE - Pursuant to the provisions of H.Res. 736, the Committee of the Whole proceeded with 10 minutes of debate on the Foster Part A amendment No. 3.
DEBATE - Pursuant to the provisions of H.Res. 736, the Committee of the Whole proceeded with 10 minutes of debate on the Speier Part A amendment No. 4.
DEBATE - Pursuant to the provisions of H.Res. 736, the Committee of the Whole proceeded with 10 minutes of debate on the Bera Part A amendment No. 5.
DEBATE - Pursuant to the provisions of H.Res. 736, the Committee of the Whole proceeded with 10 minutes of debate on the Poe(TX) Part A amendment No. 6.
Mr. Poe (TX) moved that the committee rise.
On motion that the committee rise Agreed to by voice vote.
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Committee of the Whole House on the state of the Union rises leaving H.R. 620 as unfinished business.
Considered as unfinished business. (consideration: CR H1198-1200)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of an amendment which had been debated earlier and on which further proceedings had been postponed.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 620.
The previous question was ordered pursuant to the rule.
The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 225 - 192 (Roll no. 80).(text: CR H1192)
Roll Call #80 (House)On passage Passed by the Yeas and Nays: 225 - 192 (Roll no. 80). (text: CR H1192)
Roll Call #80 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.