[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7668 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7668
To amend the Americans with Disabilities Act of 1990 to provide for a
remediation period before the commencement of a civil action.
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IN THE HOUSE OF REPRESENTATIVES
March 13, 2024
Mr. Lawler (for himself and Mr. Correa) introduced the following bill;
which was referred to the Committee on the Judiciary
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A BILL
To amend the Americans with Disabilities Act of 1990 to provide for a
remediation period before the commencement of a civil action.
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 30 Days to Comply Act''.
SEC. 2. 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 30
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 30 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.
``(D) Notice specific enough.--For purposes of this
paragraph, the term `notice specific enough' means
notice that allows such owner or operator to identify
the barrier to access in question.''.
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