[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2804 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2804

 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

                              June 8, 2005

Mr. Foley (for himself, Mr. Shaw, Mr. Lewis of California, Mr. Thomas, 
 Mr. Cox, Mr. Camp, Mr. Cunningham, Mr. Mack, Mr. Keller, Mr. Herger, 
Mr. Issa, Mr. McHugh, Mr. Green of Wisconsin, Mr. Terry, Mr. Kolbe, Mr. 
    Bartlett of Maryland, Mr. Hunter, and Mr. Paul) 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. OPPORTUNITY TO CORRECT ALLEGED VIOLATIONS OF ADA 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''; and
            (2) by adding at the end the following subparagraphs:
                    ``(B) Opportunity for correction of alleged 
                violation.--A State or Federal court shall not have 
                jurisdiction in a civil action filed with the court 
                under subparagraph (A), or under a provision of State 
                law that conditions a violation of any of its 
                provisions on a violation of this Act, unless--
                            ``(i) before filing the complaint, the 
                        plaintiff provided to the defendant written 
                        notice of the alleged violation, and the notice 
                        was provided by registered mail;
                            ``(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 such notice was 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) Exceptions.--Subparagraph (B) shall not apply 
                to--
                            ``(i) civil actions brought under Rule 65 
                        of the Federal Rules of Civil Procedure 
                        requesting preliminary injunctive relief or 
                        temporary restraining orders; or
                            ``(ii) civil actions brought under State or 
                        local court rules requesting preliminary 
                        injunctive relief or temporary restraining 
                        orders.''.
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