I
107TH CONGRESS
1ST SESSION
H. R. 914
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
MARCH 7, 2001
Mr. FOLEY (for himself, Mr. SHAW, Mr. CUNNINGHAM, Mr. HILLEARY, Mr.
BONILLA, Mr. HUNTER, Mr. STUMP, Mr. COLLINS, Mr. DOOLITTLE, and
Mr. OSE) introduced the following bill; which was referred to the Com-
mittee 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 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.’’.
Æ