[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2397 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2397

 To amend title III of the Americans with Disabilities Act of 1990 to 
   require a plaintiff to provide a defendant with an opportunity to 
correct a violation of such title voluntarily before the plaintiff may 
            commence a civil action, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 2009

  Mr. Hunter 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 a plaintiff to provide a defendant with an opportunity to 
correct a violation of such title voluntarily before the plaintiff may 
            commence a civil action, 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 ``ADA Notification Act of 2009''.

SEC. 2. OPPORTUNITY TO CORRECT ALLEGED VIOLATION AS CONDITION ON 
              COMMENCING CIVIL ACTION.

    Section 308(a) of the Americans with Disabilities Act of 1990 (42 
U.S.C. 12188(a)) is amended by adding at the end the following:
            ``(3) Opportunity to correct alleged violation.--
                    ``(A) In general.--A State or Federal court shall 
                not have jurisdiction in a civil action that a 
                plaintiff commences under paragraph (1), or under a 
                State law that conditions a violation of any of its 
                provisions on a violation of this title, unless--
                            ``(i) before filing a complaint alleging a 
                        violation of this title or such a State law, 
                        the plaintiff provides the defendant with a 
                        written notice of the alleged violation by 
                        registered mail;
                            ``(ii) the written notice identifies the 
                        facts that constitute the alleged violation, 
                        including the location where and the date on 
                        which the alleged violation occurred;
                            ``(iii) a remedial period of 90 days 
                        elapses after the date on which the plaintiff 
                        provides the written notice;
                            ``(iv) the written notice informs the 
                        defendant that the plaintiff is barred from 
                        filing the complaint until the end of the 
                        remedial 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.
                    ``(B)  Extension of remedial period.--The court may 
                extend the remedial period by not more than 30 days if 
                the defendant applies for such an extension.''.
                                 <all>