II

106TH CONGRESS

2D SESSION S. 3122

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 SENATE OF THE UNITED STATES

SEPTEMBER 27 (legislative day, SEPTEMBER 22), 2000

Mr. HUTCHINSON 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.

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’’.
2

•S 3122 IS

1 SEC. 2. AMERICANS WITH DISABILITIES ACT OF 1990;

2 AMENDMENT TO PROVIDE OPPORTUNITY TO

3 CORRECT ALLEGED VIOLATIONS AS PRE4 CONDITION TO CIVIL ACTIONS REGARDING

5 PUBLIC ACCOMMODATIONS AND COMMER6 CIAL FACILITIES.

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

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

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

10 follows through ‘‘The remedies and procedures set

11 forth’’ and inserting the following:

12 ‘‘(1) AVAILABILITY OF REMEDIES AND PROCE13 DURES.—

14 ‘‘(A) IN GENERAL.—Subject to subpara15 graphs (B) and (C), the remedies and proce16 dures set forth’’;

17 (2) in subparagraph (A) (as designated by

18 paragraph (1) of this section), by striking the second

19 sentence; and

20 (3) by adding at the end the following subpara21 graphs:

22 ‘‘(B) OPPORTUNITY FOR CORRECTION OF

23 ALLEGED VIOLATION.—A court does not have

24 jurisdiction in a civil action filed under sub25 paragraph (A) with the court unless—
3

•S 3122 IS

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

2 plaintiff provided to the defendant notice

3 of the alleged violation, and the notice was

4 provided by registered mail or in person;

5 ‘‘(ii) the notice identified the specific

6 facts that constitute the alleged violation,

7 including identification of the location at

8 which the violation occurred and the date

9 on which the violation occurred;

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

11 after the date on which the notice was so

12 provided;

13 ‘‘(iv) the notice informed the defend14 ant that the civil action could not be com15 menced until the expiration of such 90-day

16 period; and

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

18 the date on which the complaint is filed,

19 the defendant has not corrected the alleged

20 violation.

21 ‘‘(C) CERTAIN CONSEQUENCES OF FAIL22 URE TO PROVIDE OPPORTUNITY FOR CORREC23 TION.—With respect to a civil action that does

24 not meet the criteria under subparagraph (B)
4

•S 3122 IS

1 to provide jurisdiction to the court involved, the

2 following applies:

3 ‘‘(i) The court shall impose an appro4 priate sanction upon the attorneys involved

5 (and notwithstanding the lack of jurisdic6 tion to proceed with the action, the court

7 has jurisdiction to impose and enforce the

8 sanction).

9 ‘‘(ii) If the criteria are subsequently

10 met and the civil action proceeds, the court

11 may not under section 505 allow the plain12 tiff any attorneys’ fees (including litigation

13 expenses) or costs.’’.

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