Title: ADA Lawsuit Clarification Act of 2017
Policy area: Law

Summary:
ADA Lawsuit Clarification Act of 2017
This bill amends the Americans with Disabilities Act of 1990 to prohibit an aggrieved person from commencing a civil action for discrimination based on the failure to remove a structural barrier to entry into an existing public accommodation unless the owner or operator of such accommodation: (1) is provided a written notice specific enough to identify such barrier; and (2) has either failed, within 60 days after receipt of notice, to provide the aggrieved person with a written description outlining improvements that will be made to remove such barrier or failed, within 120 days after providing the description of improvements, to remove such barrier.
An owner or operator may not be held civilly or criminally liable for failing to remove a structural barrier before the expiration of a 120-day that begins after the aggrieved person has been provided the description of improvements that will be made.
The Department of Justice must make technical assistance publications relating to compliance with this bill available in all languages commonly used by owners and operators.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1493 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 1493

 To amend the Americans with Disabilities Act of 1990 to impose notice 
 and a compliance opportunity to be provided before commencement of a 
                         private civil action.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 2017

  Mr. Denham 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 impose notice 
 and a compliance opportunity to be provided before commencement of a 
                         private 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 Lawsuit Clarification Act of 
2017''.

SEC. 2. AMENDMENTS.

    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 subparagraph (B), 
                the'', and
            (2) by adding at the end the following:
                    ``(B) Structural barriers to entry into existing 
                public accommodations.--A civil action for 
                discrimination under section 302(b)(2) based on the 
                failure to remove a structural barrier to entry into an 
                existing public accommodation may not be commenced by a 
                person aggrieved by such discrimination unless--
                            ``(i) such person has provided to the owner 
                        or operator of such accommodation a written 
                        notice specific enough to allow such owner or 
                        operator to identify such barrier; and
                            ``(ii) beginning on the date such notice 
                        was received and--
                                    ``(I) before the expiration of 60 
                                days after such date, such owner or 
                                operator failed to provide to such 
                                person a written description outlining 
                                improvements that will be made to 
                                remove such barrier; or
                                    ``(II)(aa) before the expiration of 
                                60 days after such date, such owner or 
                                operator provided such description to 
                                such person; and
                                    ``(bb) before the expiration of 120 
                                days after such description is 
                                provided, such owner or operator failed 
                                to remove such barrier.
                    ``(C) Special rule relating to structural 
                barriers.--An owner or operator may not be held civilly 
                or criminally liable under Federal or State law for 
                conduct constituting a violation described in 
                subparagraph (B) that occurs before the expiration of 
                the 120-day period described in that subparagraph.
                    ``(D) Materials provided in other languages.--The 
                Attorney General shall take appropriate actions to make 
                technical assistance publications relating to 
                compliance with this Act available in all the languages 
                commonly used by owners and operators, to the extent 
                practicable''.

SEC. 3. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
the first day of the first month beginning more than 30 days after the 
date of the enactment of this Act.
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