The US House of Representatives [official website] passed the ADA Education and Reform Act of 2017 [text] on Thursday in a 225-192 vote [roll call] changing the Americans with Disabilities Act (ADA) [materials].

The bill adds a provision requiring the Department of Justice to develop an educational program for state and local governments and property owners on how to improve accommodations for persons with disabilities. The more controversial addition is a notice and cure period in Section 3 of the bill that prohibits a person from bringing a civil suit on a “failure to remove an architectural barrier to access into an existing public accommodation” unless certain criteria are met.

First, the owner must be provided with a specific written notice to identify the barrier. Second, 60 days must have passed after the owner receives the notice without the owner giving a description of how they will remove the barrier. Alternatively, if the owner gives description of how they will remove the barrier, 120 days must pass after which suit may be brought if the owner has failed to remove the barrier or make substantial progress.

Proponents of the bill believe [Washington Post report] it will cause more places to become accessible by allowing businesses notice to make changes and stop allegedly frivolous lawsuits commenced for monetary damages. Critics of the bill believe that enacting the legislation will have the opposite effect, causing businesses to wait until a complaint is filed to address any issues of accessibility. The critics believe this will result in less accommodation for people with disabilities as businesses will be not incentivized to comply with the ADA prior to the filing of a complaint.