I 
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) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
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 accommo-
dation or a commercial facility, that an opportunity be 
provided to correct alleged violations.
Be it enacted by the Senate and House of Representa-
tives 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 PRE-
CONDITION TO CIVIL ACTIONS REGARDING 
PUBLIC ACCOMMODATIONS AND COMMER-
CIAL 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 PROCE-
DURES.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), the remedies and proce-
dures 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 subpara-
graphs: 
‘‘(B) OPPORTUNITY FOR CORRECTION OF 
ALLEGED VIOLATION.—A court does not have 
jurisdiction in a civil action filed under sub-
paragraph (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 defend-
ant that the civil action could not be com-
menced 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
FAIL-
URE TO PROVIDE OPPORTUNITY FOR CORREC-
TION.—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 appro-
priate sanction upon the attorneys involved 
(and notwithstanding the lack of jurisdic-
tion 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 plain-
tiff any attorneys’ fees (including litigation 
expenses) or costs.’’.
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