H.R. 8396

[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

_______________________________________________________________________

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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