H.R. 7328

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7328 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7328

To amend the Americans with Disabilities Act of 1990 to require 
exhaustion of administrative remedies for certain claims, and for other 
purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 3, 2026

Mr. Graves introduced the following bill; which was referred to the 
Committee on Energy and Commerce

_______________________________________________________________________

A BILL

To amend the Americans with Disabilities Act of 1990 to require 
exhaustion of administrative remedies for certain claims, and for other 
purposes.

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 ``Protecting Small Businesses from 
Predatory Website Lawsuits Act''.

SEC. 2. AMENDMENT TO THE AMERICANS WITH DISABILITIES ACT OF 1990 
RELATING TO CONSUMER FACING WEBSITES AND MOBILE 
APPLICATIONS OWNED OR OPERATED BY A PRIVATE ENTITY.

The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
seq.) is amended by adding at the end the following new title:

``TITLE VI--CONSUMER FACING WEBSITES AND MOBILE APPLICATIONS OWNED OR 
OPERATED BY A PRIVATE ENTITY

``SEC. 601. ADMINISTRATIVE REMEDIES.

``(a) Exhaustion of Administrative Remedies.--No individual may 
commence a civil action for the failure of a consumer facing website or 
mobile application to comply with the title III until all 
administrative remedies under this section have been exhausted.
``(b) Notice to Owner or Operator.--
``(1) Notice.--Prior to filing a complaint with the 
Attorney General under subsection (c), an individual must first 
notify the private owner or operator of a consumer facing 
website or mobile application that such website or mobile 
application is not in compliance with the standard for 
compliance under title III.
``(2) Administrative complaint.--If, within 180 days after 
receiving notice under subsection (b), the owner or operator of 
a consumer facing website or mobile application fails to bring 
such website or such application into compliance with title 
III, an individual may file a complaint with the Department.
``(3) Copy of complaint.--If an individual files a 
complaint with the Department of Justice (referred to in this 
title as the `Department') under paragraph (1), a copy of such 
complaint shall be provided to the owner or operator of a 
consumer facing website or mobile application.
``(c) Reporting of Violations to Attorney General.--
``(1) Deadline to file complaint.--If an individual files a 
complaint with the Department, such complaint shall be filed 
within the 180-day period beginning on the date after the 180-
day period under subsection (b)(1) has terminated.
``(2) Investigation by attorney general.--Upon receiving a 
complaint of an alleged violation, the Attorney General shall 
complete an investigation within 360 days to determine whether 
a violation exists.
``(3) Final agency determination.--
``(A) Compliance determination.--For the purpose of 
determining whether an individual may commence a civil 
action described in subsection (a), a determination 
that the owner or operator of a consumer facing website 
or mobile application is in compliance with title III 
during the 360-day period after a complaint is filed 
with the Department is a final determination.
``(B) No determination.--For the purpose of 
determining whether an individual may commence a civil 
action described in subsection (a), the failure of the 
Attorney General to make a determination during the 
360-day period after a complaint is filed with the 
Department shall be considered a final determination of 
compliance.

``SEC. 602. DEFINITIONS.

``In this Act:
``(1) Consumer facing website.--The term `consumer facing 
website' means any website that is purposefully made accessible 
to the public for commercial purposes.
``(2) Mobile applications.--The term `mobile application' 
means a consumer facing software application that can be 
executed on a mobile platform, or a web-based software 
application that is tailored to a mobile platform but is 
executed on a server.''.

SEC. 3. CLERICAL AMENDMENT.

The table of contents of the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.) is amended by inserting after the item 
relating to section 515 the following new item:

``TITLE VI--CONSUMER FACING WEBSITES AND MOBILE APPLICATIONS OWNED OR 
OPERATED BY A PRIVATE ENTITY

``Sec. 601. Administrative remedies.
``Sec. 602. Definitions.''.
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