H.R. 8396 — ACCESS Act of 2026.

This section directs the Department of Justice's Disability Rights Section, using existing funding and in consultation with property owners, website owners, app developers, and disability rights representatives, to develop a program educating state and local governments and property owners on strategies for promoting access to public accommodations for individuals with disabilities under the Americans with Disabilities Act (ADA). The program may include training for professionals such as Certified Access Specialists to provide remediation guidance for potential ADA violations. The section further requires the Disability Rights Section, to the extent practicable, to make technical assistance publications on compliance with the Act and its amendments available in languages commonly used by U.S. business owners and operators.

This section requires an aggrieved person to provide written notice of an architectural barrier to access into an existing public accommodation or a technological barrier to a website or mobile application—and allow a 60-day cure period—before commencing a civil action under ADA sections 302 or 303 for failure to remove the barrier. The notice must identify the barrier specifically and detail the denial of access, including the property address or URL/Bundle ID, any request for assistance, and whether the barrier is permanent or temporary; a lawsuit may proceed if the owner or operator (1) fails to provide a written description of planned improvements within 60 days of notice or (2) fails to remove the barrier or make substantial progress within 60 days after providing the description. (Thus, this limits immediate ADA litigation for such barriers while preserving other remedies and procedures under the Civil Rights Act of 1964.)

This section directs the Judicial Conference of the United States, in consultation with property owners and disability rights representatives, to develop a model program—under Federal Rule of Civil Procedure 16 or other applicable law—promoting alternative dispute resolution mechanisms, including a stay of discovery during mediation, to resolve claims under the Americans with Disabilities Act (ADA) alleging architectural barriers to access in public accommodations. With public comment via the Federal Judicial Center where practical, the program aims for quick, efficient access remediation without costly litigation and includes an expedited method to determine relevant facts on barriers and pre-litigation resolution steps.

This section directs the Attorney General to complete, not later than one year after enactment, a study determining whether Web Content Accessibility Guidelines 2.0 (WCAG 2.0) standards, accessibility widgets, or providing a telephone number for equivalent information and services constitute reasonable accommodations under the Americans with Disabilities Act of 1990 for individuals with disabilities.