I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘ADA Notification 

5 Act’’. 
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1 SEC. 2. OPPORTUNITY TO CORRECT ALLEGED VIOLATIONS 

2 OF ADA AS PRECONDITION TO CIVIL ACTIONS 

3 REGARDING PUBLIC ACCOMMODATIONS AND 

4 COMMERCIAL FACILITIES. 

5 Section 308(a)(1) of the Americans with Disabilities 

6 Act of 1990 (42 U.S.C. 12188(a)(1)) is amended— 

7 (1) by striking ‘‘(1) AVAILABILITY’’ and all that 

8 follows through ‘‘The remedies and procedures set 

9 forth’’ and inserting the following: 

10 ‘‘(1) AVAILABILITY OF REMEDIES AND PROCE11 DURES.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graphs (B) and (C), the remedies and proce14 dures set forth’’; and 

15 (2) by adding at the end the following subpara16 graphs: 

17 ‘‘(B) OPPORTUNITY FOR CORRECTION OF

18 ALLEGED VIOLATION.—A State or Federal 

19 court shall not have jurisdiction in a civil action 

20 filed with the court under subparagraph (A), or 

21 under a provision of State law that conditions 

22 a violation of any of its provisions on a violation 

23 of this Act, unless— 

24 ‘‘(i) before filing the complaint, the 

25 plaintiff provided to the defendant written 
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1 notice of the alleged violation, and the no2 tice was provided by registered mail; 

3 ‘‘(ii) the notice identified the specific 

4 facts that constitute the alleged violation, 

5 including identification of the location at 

6 which the violation occurred and the date 

7 on which the violation occurred; 

8 ‘‘(iii) 90 or more days has elapsed 

9 after the date on which such notice was 

10 provided; 

11 ‘‘(iv) the notice informed the defend12 ant that the civil action could not be com13 menced until the expiration of such 90-day 

14 period; and 

15 ‘‘(v) the complaint states that, as of 

16 the date on which the complaint is filed, 

17 the defendant has not corrected the alleged 

18 violation. 

19 ‘‘(C) EXCEPTIONS.—Subparagraph (B) 

20 shall not apply to— 

21 ‘‘(i) civil actions brought under Rule 

22 65 of the Federal Rules of Civil Procedure 

23 requesting preliminary injunctive relief or 

24 temporary restraining orders; or 
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1 ‘‘(ii) civil actions brought under State 

2 or local court rules requesting preliminary 

3 injunctive relief or temporary restraining 

4 orders.’’. 

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