H.R. 3493 — Introduced in House

I 118th CONGRESS 1st Session H. R. 3493 IN THE HOUSE OF REPRESENTATIVES May 18, 2023Mr. 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. 1. Short title This Act may be cited as the ADA Improvement Act of 2023. 2. Opportunity to correct an alleged violation Section 308(a)(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12188(a)(1)) is amended— (1) by striking (1) Availability and all that follows through The remedies and procedures set forth and inserting the following: (1) Availability of remedies and procedures (A) In general Subject to subparagraphs (B) and (C), the remedies and procedures set forth ; and (2) by adding at the end the following subparagraphs: (B) Opportunity for correction of alleged violation A State or Federal court shall not have jurisdiction in a civil action filed with the court under subparagraph (A), or under a provision of State law that conditions a violation of any of its provisions on a violation of this Act, unless— (i) before filing the complaint, the plaintiff provided to the defendant written notice of the alleged violation, and the notice was provided by registered mail; (ii) the notice identified the specific facts that constitute the alleged violation, including identification of the location at which the violation occurred and the date on which the violation occurred; (iii) 30 or more days has elapsed after the date on which such notice was provided; (iv) the notice informed the defendant that the civil action could not be commenced until the expiration of such 30-day period; and (v) the complaint states that, as of the date on which the complaint is filed, the defendant has not corrected the alleged violation. (C) Exceptions Subparagraph (B) shall not apply to— (i) civil actions brought under Rule 65 of the Federal Rules of Civil Procedure requesting preliminary injunctive relief or temporary restraining orders; or (ii) civil actions brought under State or local court rules requesting preliminary injunctive relief or temporary restraining orders. .