[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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