ACCESS (ADA Compliance for Customer Entry to Stores and Services) Act of 2011

ACCESS (ADA Compliance for Customer Entry to Stores and Services) Act of 2011 - 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, within specified time periods, either failed to provide the aggrieved person with a written description outlining improvements that will be made to remove such barrier or provided such description and failed to remove such barrier.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3356 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3356

 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

                            November 3, 2011

   Mr. Daniel E. Lungren of California (for himself, Mr. Hunter, Mr. 
  Calvert, and Ms. Jenkins) 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 ``ACCESS (ADA Compliance for Customer 
Entry to Stores and Services) Act of 2011''.

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.''.

SEC. 3. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
the 1st day of the 1st month beginning more than 30 days after the date 
of the enactment of this Act.
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