ADA Improvement Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3493 To amend title III of the Americans with Disabilities Act of 1990 to require an opportunity to correct an alleged violation as a precondition to com- mencing a civil action with respect to a place of public accommodation or a commercial facility. IN THE HOUSE OF REPRESENTATIVES MAY 18, 2023 Mr. GREEN of Tennessee introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title III of the Americans with Disabilities Act of 1990 to require an opportunity to correct an alleged violation as a precondition to commencing a civil action with respect to a place of public accommodation or a commercial facility. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘ADA Improvement Act 4 of 2023’’. 5 VerDate Sep 11 2014 00:57 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3493.IH H3493 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3493 IH SEC. 2. OPPORTUNITY TO CORRECT AN ALLEGED VIOLA- 1 TION. 2 Section 308(a)(1) of the Americans with Disabilities 3 Act of 1990 (42 U.S.C. 12188(a)(1)) is amended— 4 (1) by striking ‘‘(1) AVAILABILITY’’ and all that 5 follows through ‘‘The remedies and procedures set 6 forth’’ and inserting the following: 7 ‘‘(1) AVAILABILITY OF REMEDIES AND PROCE- 8 DURES.— 9 ‘‘(A) IN GENERAL.—Subject to subpara- 10 graphs (B) and (C), the remedies and proce- 11 dures set forth’’; and 12 (2) by adding at the end the following subpara- 13 graphs: 14 ‘‘(B) OPPORTUNITY FOR CORRECTION OF 15 ALLEGED VIOLATION.—A State or Federal 16 court shall not have jurisdiction in a civil action 17 filed with the court under subparagraph (A), or 18 under a provision of State law that conditions 19 a violation of any of its provisions on a violation 20 of this Act, unless— 21 ‘‘(i) before filing the complaint, the 22 plaintiff provided to the defendant written 23 notice of the alleged violation, and the no- 24 tice was provided by registered mail; 25 VerDate Sep 11 2014 00:57 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3493.IH H3493 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3493 IH ‘‘(ii) the notice identified the specific 1 facts that constitute the alleged violation, 2 including identification of the location at 3 which the violation occurred and the date 4 on which the violation occurred; 5 ‘‘(iii) 30 or more days has elapsed 6 after the date on which such notice was 7 provided; 8 ‘‘(iv) the notice informed the defend- 9 ant that the civil action could not be com- 10 menced until the expiration of such 30-day 11 period; and 12 ‘‘(v) the complaint states that, as of 13 the date on which the complaint is filed, 14 the defendant has not corrected the alleged 15 violation. 16 ‘‘(C) EXCEPTIONS.—Subparagraph (B) 17 shall not apply to— 18 ‘‘(i) civil actions brought under Rule 19 65 of the Federal Rules of Civil Procedure 20 requesting preliminary injunctive relief or 21 temporary restraining orders; or 22 ‘‘(ii) civil actions brought under State 23 or local court rules requesting preliminary 24 VerDate Sep 11 2014 00:57 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3493.IH H3493 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3493 IH injunctive relief or temporary restraining 1 orders.’’. 2 Æ VerDate Sep 11 2014 00:57 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H3493.IH H3493 pbinns on DSKJLVW7X2PROD with $$_JOB