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 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. OPPORTUNITY TO CORRECT ALLEGED VIOLATIONS 
OF ADA AS PRECONDITION TO CIVIL ACTIONS 
REGARDING PUBLIC ACCOMMODATIONS AND 
COMMERCIAL 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’’; and 
(2) by adding at the end the following subpara-
graphs: 
‘‘(B) OPPORTUNITY FOR CORRECTION OF 
ALLEGED
VIOLATION.—A State or Federal 
court shall not have jurisdiction in a civil action 
filed with the court under subparagraph (A), or 
under a provision of State law that conditions 
a violation of any of its provisions on a violation 
of this Act, unless— 
‘‘(i) before filing the complaint, the 
plaintiff provided to the defendant written
notice of the alleged violation, and the no-
tice was provided by registered mail; 
‘‘(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 such notice was 
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) 
EXCEPTIONS.—Subparagraph 
(B) 
shall not apply to— 
‘‘(i) civil actions brought under Rule 
65 of the Federal Rules of Civil Procedure 
requesting preliminary injunctive relief or 
temporary restraining orders; or
‘‘(ii) civil actions brought under State 
or local court rules requesting preliminary 
injunctive relief or temporary restraining 
orders.’’. 
Æ