[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 782 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 782

 To amend title III of the Americans with Disabilities Act of 1990 to 
require, as a precondition to commencing a civil action with respect to 
   a place of public accommodation or a commercial facility, that an 
 opportunity be provided to correct alleged violations, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2001

  Mr. Inouye introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend title III of the Americans with Disabilities Act of 1990 to 
require, as a precondition to commencing a civil action with respect to 
   a place of public accommodation or a commercial facility, that an 
 opportunity be provided to correct alleged violations, 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 ``Americans with Disabilities 
Notification Act''.

SEC. 2. AMERICANS WITH DISABILITIES ACT OF 1990; AMENDMENT TO PROVIDE 
              OPPORTUNITY TO CORRECT ALLEGED VIOLATIONS AS PRECONDITION 
              TO CIVIL ACTIONS REGARDING PUBLIC ACCOMMODATIONS AND 
              COMMERCIAL FACILITIES.

    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'';
            (2) in subparagraph (A) (as designated by paragraph (1)), 
        by striking the second sentence; and
            (3) by adding at the end the following subparagraphs:
                    ``(B) Opportunity for correction of alleged 
                violation.--A court shall not have jurisdiction over a 
                civil action for which a plaintiff filed a complaint 
                under subparagraph (A) with the court unless--
                            ``(i) before filing the complaint, the 
                        plaintiff provided to the defendant in the 
                        action notice of the alleged violation, and the 
                        notice was provided by registered mail or in 
                        person;
                            ``(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) 90 or more days elapsed after the 
                        date on which the notice was so provided before 
                        the plaintiff filed the complaint;
                            ``(iv) the notice informed the defendant 
                        that the civil action could not be commenced 
                        until the expiration of such 90-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) Certain consequences of failure to provide 
                opportunity for correction.--If a plaintiff files a 
                complaint under subparagraph (A) to bring a civil 
                action, but does not meet the criteria under 
                subparagraph (B) to provide jurisdiction to the court 
                involved, the following shall apply:
                            ``(i) Sanction.--The court shall impose an 
                        appropriate sanction on the attorney for the 
                        plaintiff (and, notwithstanding the court's 
                        lack of jurisdiction over the action, the court 
                        shall have jurisdiction to impose and enforce 
                        the sanction).
                            ``(ii) Attorney's fees and costs.--If the 
                        plaintiff subsequently meets the criteria and 
                        the civil action proceeds, the court may not 
                        under section 505 allow the plaintiff any 
                        attorneys' fees (including litigation expenses) 
                        or costs.''.
                                 <all>