[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 728 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 728

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 12, 2003

Mr. Foley (for himself, Mr. Shaw, Mr. Cox, Mr. Hunter, Mr. Herger, Mr. 
 Paul, Mr. Aderholt, Mr. Rohrabacher, Mr. Cunningham, Mr. Radanovich, 
  Mr. Hefley, Mr. Duncan, Ms. Granger, Mr. Ballenger, Mr. Kolbe, Mr. 
 Weldon of Florida, and Mr. Issa) 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, 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.

    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 ``ADA 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) of 
        this section), by striking the second sentence; and
            (3) by adding at the end the following subparagraphs:
                    ``(B) Opportunity for correction of alleged 
                violation.--A court does not have jurisdiction in a 
                civil action filed under subparagraph (A) with the 
                court unless--
                            ``(i) before filing the complaint, the 
                        plaintiff provided to the defendant 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 has elapsed after 
                        the date on which the notice was so provided;
                            ``(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.--With respect to a civil 
                action that does not meet the criteria under 
                subparagraph (B) to provide jurisdiction to the court 
                involved, the following applies:
                            ``(i) The court shall impose an appropriate 
                        sanction upon the attorneys involved (and 
                        notwithstanding the lack of jurisdiction to 
                        proceed with the action, the court has 
                        jurisdiction to impose and enforce the 
                        sanction).
                            ``(ii) If the criteria are subsequently met 
                        and the civil action proceeds, the court may 
                        not under section 505 allow the plaintiff any 
                        attorneys' fees (including litigation expenses) 
                        or costs.''.
                                 <all>