Us Congress 2023-2024 Regular Session

Us Congress House Bill HB7668 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	I
2	2	118THCONGRESS
3	3	2
4	4	DSESSION H. R. 7668
5	5	To amend the Americans with Disabilities Act of 1990 to provide for a
6	6	remediation period before the commencement of a civil action.
7	7	IN THE HOUSE OF REPRESENTATIVES
8	8	MARCH13, 2024
9	9	Mr. L
10	10	AWLER(for himself and Mr. CORREA) introduced the following bill;
11	11	which was referred to the Committee on the Judiciary
12	12	A BILL
13	13	To amend the Americans with Disabilities Act of 1990 to
14	14	provide for a remediation period before the commence-
15	15	ment of a civil action.
16	16	Be it enacted by the Senate and House of Representa-1
17	17	tives of the United States of America in Congress assembled, 2
18	18	SECTION 1. SHORT TITLE. 3
19	19	This Act may be cited as the ‘‘ADA 30 Days to Com-4
20	20	ply Act’’. 5
21	21	SEC. 2. NOTICE AND CURE PERIOD. 6
22	22	Paragraph (1) of section 308(a) of the Americans 7
23	23	with Disabilities Act of 1990 (42 U.S.C. 12188(a)(1)) is 8
24	24	amended to read as follows: 9
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27	27	•HR 7668 IH
28	28	‘‘(1) AVAILABILITY OF REMEDIES AND PROCE -1
29	29	DURES.— 2
30	30	‘‘(A) I
31	31	N GENERAL.—Subject to subpara-3
32	32	graph (B), the remedies and procedures set 4
33	33	forth in section 204(a) of the Civil Rights Act 5
34	34	of 1964 (42 U.S.C. 2000a–3(a)) are the rem-6
35	35	edies and procedures this title provides to any 7
36	36	person who is being subjected to discrimination 8
37	37	on the basis of disability in violation of this title 9
38	38	or who has reasonable grounds for believing 10
39	39	that such person is about to be subjected to dis-11
40	40	crimination in violation of section 303. Nothing 12
41	41	in this section shall require a person with a dis-13
42	42	ability to engage in a futile gesture if such per-14
43	43	son has actual notice that a person or organiza-15
44	44	tion covered by this title does not intend to 16
45	45	comply with its provisions. 17
46	46	‘‘(B) B
47	47	ARRIERS TO ACCESS TO EXISTING 18
48	48	PUBLIC ACCOMMODATIONS .—A civil action 19
49	49	under section 302 or 303 based on the failure 20
50	50	to remove an architectural barrier to access into 21
51	51	an existing public accommodation may not be 22
52	52	commenced by a person aggrieved by such fail-23
53	53	ure unless— 24
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56	56	•HR 7668 IH
57	57	‘‘(i) that person has provided to the 1
58	58	owner or operator of the accommodation a 2
59	59	written notice specific enough to allow such 3
60	60	owner or operator to identify the barrier; 4
61	61	and 5
62	62	‘‘(ii)(I) during the period beginning on 6
63	63	the date the notice is received and ending 7
64	64	30 days after that date, the owner or oper-8
65	65	ator fails to provide to that person a writ-9
66	66	ten description outlining improvements 10
67	67	that will be made to remove the barrier; or 11
68	68	‘‘(II) if the owner or operator provides 12
69	69	the written description under subclause (I), 13
70	70	the owner or operator fails to remove the 14
71	71	barrier or, in the case of a barrier, the re-15
72	72	moval of which requires additional time as 16
73	73	a result of circumstances beyond the con-17
74	74	trol of the owner or operator, fails to make 18
75	75	substantial progress in removing the bar-19
76	76	rier during the period beginning on the 20
77	77	date the description is provided and ending 21
78	78	30 days after that date. 22
79	79	‘‘(C) S
80	80	PECIFICATION OF DETAILS OF AL -23
81	81	LEGED VIOLATION .—The written notice re-24
82	82	quired under subparagraph (B) must also speci-25
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85	85	•HR 7668 IH
86	86	fy in detail the circumstances under which an 1
87	87	individual was actually denied access to a public 2
88	88	accommodation, including the address of prop-3
89	89	erty, whether a request for assistance in remov-4
90	90	ing an architectural barrier to access was made, 5
91	91	and whether the barrier to access was a perma-6
92	92	nent or temporary barrier. 7
93	93	‘‘(D) N
94	94	OTICE SPECIFIC ENOUGH .—For 8
95	95	purposes of this paragraph, the term ‘notice 9
96	96	specific enough’ means notice that allows such 10
97	97	owner or operator to identify the barrier to ac-11
98	98	cess in question.’’. 12
99	99	Æ
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