[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7328 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 7328
To amend the Americans with Disabilities Act of 1990 to require
exhaustion of administrative remedies for certain claims, and for other
purposes.
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IN THE HOUSE OF REPRESENTATIVES
February 3, 2026
Mr. Graves introduced the following bill; which was referred to the
Committee on Energy and Commerce
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A BILL
To amend the Americans with Disabilities Act of 1990 to require
exhaustion of administrative remedies for certain claims, 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 ``Protecting Small Businesses from
Predatory Website Lawsuits Act''.
SEC. 2. AMENDMENT TO THE AMERICANS WITH DISABILITIES ACT OF 1990
RELATING TO CONSUMER FACING WEBSITES AND MOBILE
APPLICATIONS OWNED OR OPERATED BY A PRIVATE ENTITY.
The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) is amended by adding at the end the following new title:
``TITLE VI--CONSUMER FACING WEBSITES AND MOBILE APPLICATIONS OWNED OR
OPERATED BY A PRIVATE ENTITY
``SEC. 601. ADMINISTRATIVE REMEDIES.
``(a) Exhaustion of Administrative Remedies.--No individual may
commence a civil action for the failure of a consumer facing website or
mobile application to comply with the title III until all
administrative remedies under this section have been exhausted.
``(b) Notice to Owner or Operator.--
``(1) Notice.--Prior to filing a complaint with the
Attorney General under subsection (c), an individual must first
notify the private owner or operator of a consumer facing
website or mobile application that such website or mobile
application is not in compliance with the standard for
compliance under title III.
``(2) Administrative complaint.--If, within 180 days after
receiving notice under subsection (b), the owner or operator of
a consumer facing website or mobile application fails to bring
such website or such application into compliance with title
III, an individual may file a complaint with the Department.
``(3) Copy of complaint.--If an individual files a
complaint with the Department of Justice (referred to in this
title as the `Department') under paragraph (1), a copy of such
complaint shall be provided to the owner or operator of a
consumer facing website or mobile application.
``(c) Reporting of Violations to Attorney General.--
``(1) Deadline to file complaint.--If an individual files a
complaint with the Department, such complaint shall be filed
within the 180-day period beginning on the date after the 180-
day period under subsection (b)(1) has terminated.
``(2) Investigation by attorney general.--Upon receiving a
complaint of an alleged violation, the Attorney General shall
complete an investigation within 360 days to determine whether
a violation exists.
``(3) Final agency determination.--
``(A) Compliance determination.--For the purpose of
determining whether an individual may commence a civil
action described in subsection (a), a determination
that the owner or operator of a consumer facing website
or mobile application is in compliance with title III
during the 360-day period after a complaint is filed
with the Department is a final determination.
``(B) No determination.--For the purpose of
determining whether an individual may commence a civil
action described in subsection (a), the failure of the
Attorney General to make a determination during the
360-day period after a complaint is filed with the
Department shall be considered a final determination of
compliance.
``SEC. 602. DEFINITIONS.
``In this Act:
``(1) Consumer facing website.--The term `consumer facing
website' means any website that is purposefully made accessible
to the public for commercial purposes.
``(2) Mobile applications.--The term `mobile application'
means a consumer facing software application that can be
executed on a mobile platform, or a web-based software
application that is tailored to a mobile platform but is
executed on a server.''.
SEC. 3. CLERICAL AMENDMENT.
The table of contents of the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.) is amended by inserting after the item
relating to section 515 the following new item:
``TITLE VI--CONSUMER FACING WEBSITES AND MOBILE APPLICATIONS OWNED OR
OPERATED BY A PRIVATE ENTITY
``Sec. 601. Administrative remedies.
``Sec. 602. Definitions.''.
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