I 
114TH CONGRESS 
2D SESSION 
H. R. 4719 
To amend the Americans with Disabilities Act of 1990 to require notice 
and a compliance opportunity to be provided before commencement of 
a private civil action related to public accommodations, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 7, 2016 
Mr. MCNERNEY introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend the Americans with Disabilities Act of 1990 to 
require notice and a compliance opportunity to be pro-
vided before commencement of a private civil action re-
lated to public accommodations, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Correcting Obstruc-
tions to Mediate, Prevent, and Limit Inaccessibility Act’’ 
or the ‘‘COMPLI Act’’. 
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SEC. 2. NOTICE AND COMPLIANCE OPPORTUNITY UNDER 
THE AMERICANS WITH DISABILITIES ACT. 
Section 308(a)(1) of the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12188(a)(1)) is amended— 
(1) by striking ‘‘PROCEDURES.—’’ and all that 
follows through ‘‘The’’, and inserting the following: 
‘‘PROCEDURES.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the’’; and 
(2) by adding at the end the following: 
‘‘(B) NOTICE
AND
COMPLIANCE
OPPOR-
TUNITY.—A civil action for discrimination de-
scribed in section 302(b)(2) may not be com-
menced by a person aggrieved by such discrimi-
nation unless— 
‘‘(i) such person has provided to the 
owner or operator of such accommodation 
a written notice by certified mail specific 
enough to allow such owner or operator to 
identify such barrier; 
‘‘(ii) such notice shall include the date 
and time that such person was denied ac-
cess to the public accommodation as a re-
sult of the barrier; 
‘‘(iii) such notice specifies that the 
owner or operator has 90 days to remove 
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the barrier or correct the violation before a 
civil action will be brought; 
‘‘(iv) such owner or operator failed to 
remove such barrier or correct such viola-
tion within 90 days beginning on the date 
such notice was received; 
‘‘(v) the civil action states that the 
person bringing the action has notified the 
owner or operator against whom the action 
is brought of the violation as required 
under this subparagraph and such owner 
or operator has not corrected the alleged 
violation within the 90-day period; and 
‘‘(vi) the person filing the civil action 
has refrained from sending any demand 
letter (other than the notice described in 
this subparagraph), request for settlement, 
or other communication to the owner or 
operator of such accommodation during 
such 90-day period. 
‘‘(C) NOTIFICATION
OF
CORRECTIVE
AC-
TION.— 
‘‘(i) IN GENERAL.—An owner or oper-
ator of a public accommodation who is pro-
vided notice described in subparagraph (B) 
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shall provide reasonable notification to the 
public of the alleged violation that is the 
subject of the notice and of the steps being 
taken by such owner or operator to remedy 
the basis for such alleged violation. 
‘‘(ii) 
PENALTY
FOR
NONCOMPLI-
ANCE.—An owner or operator who does 
not provide such notification to the public 
within 15 days after receiving notice of the 
alleged violation shall not be entitled to the 
90-day period to remove the barrier or cor-
rect the violation as set forth in subpara-
graph (B) and a civil action for discrimina-
tion described in section 302(b)(2) based 
on the alleged violation may be commenced 
immediately after such 15 days. 
‘‘(D) GOOD FAITH EFFORT.— 
‘‘(i) ADDITIONAL 30 DAYS.—An owner 
or operator of a public accommodation who 
is provided notice described in subpara-
graph (B) who demonstrates a good faith 
effort to remove such barrier or correct 
such violation but is not able to do so with-
in the 90-day period provided shall be enti-
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tled to an additional 30 days to comply 
with such requirements. 
‘‘(ii) FACTORS.—Factors indicating 
such a good faith effort include that the 
owner or operator of a public accommoda-
tion— 
‘‘(I) has secured the requisite 
construction permits to start the ren-
ovation necessary to remove the bar-
rier or correct the violation; 
‘‘(II) has hired contractors to 
complete such construction and has 
secured an estimate from the con-
tractor for the date of completion for 
such renovation; or 
‘‘(III) has begun any necessary 
construction and has worked to mini-
mize delays and complete the required 
renovation. 
‘‘(E) LIMITATIONS.— 
‘‘(i) ADDITIONAL ACTIONS.—No civil 
action for discrimination under section 
302(b)(2) may be commenced— 
‘‘(I) during the 90-day period de-
scribed in subparagraph (B) or, where 
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applicable, the additional 30-day pe-
riod described in subparagraph (D)(i); 
or 
‘‘(II) while a civil action relating 
to the same violation is pending. 
‘‘(ii) DAMAGES.—In an action de-
scribed in this paragraph any damages 
awarded shall be limited to a plaintiff who 
was actually denied access to or reasonable 
use of the public accommodation that is 
the subject of such action.’’. 
SEC. 3. REPORT ON HIGH-FREQUENCY LITIGATORS. 
Not later than 2 years after the date of enactment 
of this Act, the Attorney General shall submit a report 
to Congress that analyzes the impact of the notice and 
compliance 
opportunity 
afforded 
under 
section 
308(a)(1)(B), as added by this Act. The report shall in-
clude— 
(1) a determination of the number of persons in 
each State who have filed 10 or more actions alleg-
ing a violation described in section 302(b)(2) of the 
Americans with Disabilities Act of 1990 within any 
12-month period after the date of enactment of this 
Act; 
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