H.R. 728House108th Congress (2003-2005)In Committee

ADA Notification Act

Sponsored by Mark FoleyRep. Mark Foley (R-FL)
Introduced February 12, 2003

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on the Constitution.

March 6, 2003

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HouseIntro Referral

Introduced in House

February 12, 2003

HouseIntro Referral

Referred to the House Committee on the Judiciary.

February 12, 2003

HouseCommittee

Referred to the Subcommittee on the Constitution.

March 6, 2003

Floor Debate

24 members

What members said about H.R. 728 on the floor

11 Republicans12 Democrats1 Independent
Frank R. Wolf
Rep. Frank R. WolfR-VA-10 · Jul 22, 2003

Mr. Chairman, I yield myself 10 minutes. I am pleased to begin consideration of H.R. 2799, the Departments of Commerce, Justice, State, the Judiciary and related agencies appropriations bill for…

Jose E. Serrano
Rep. Jose E. SerranoD-NY-16 · Jul 22, 2003

Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I would like to start off where the gentleman from Virginia (Mr. Wolf) left off, and that is thanking both staffs for the work…

David R. Obey
Rep. David R. ObeyD-WI-7 · Jul 22, 2003

Mr. Chairman, let me simply say that I will be supporting this bill, and I appreciate the approach taken by the subcommittee chairman in putting the bill together. He has, I think, been most fair and…

Ron Paul
Rep. Ron PaulR-TX-14 · Jul 22, 2003

Mr. Chairman, I offer an amendment. The Clerk will designate the amendment. Mr. Chairman, my amendment is very simple and clear. It is to strike the funds for UNESCO. We have been out of UNESCO since…

Anthony D. Weiner
Rep. Anthony D. WeinerD-NY-9 · Jul 22, 2003

Mr. Chairman, will the gentleman yield? Mr. Chairman, I do not ascribe venal intent on the part of the gentleman from New York (Mr. Serrano) or the chairman. This was switched at the last moment. But…

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W. J. (Billy) Tauzin
Rep. W. J. (Billy) TauzinR-LA-3 · Jul 22, 2003

Mr. Chairman, I move to strike the requisite number of words. (Mr. TAUZIN asked and was given permission to revise and extend his remarks.) Mr. Chairman, I rise in opposition to the amendment. Mr.…

Bernard Sanders
Rep. Bernard SandersI-VT · Jul 22, 2003

Mr. Chairman, I move the Committee do now rise. Mr. Chairman, I demand a recorded vote. Mr. Chairman, I move to strike the last word. Mr. Chairman, I move to strike the requisite number of words. Mr.…

David E. Price
Rep. David E. PriceD-NC-4 · Jul 22, 2003

Mr. Chairman, I move to strike the requisite number of words. Mr. Chairman, I rise as a cosponsor of the Hinchey amendment. The FCC's decision of June 2 to loosen the rules on concentrated media…

John D. Dingell
Rep. John D. DingellD-MI-15 · Jul 22, 2003

Mr. Chairman, I move to strike the requisite number of words. (Mr. DINGELL asked and was given permission to revise and extend his remarks.) Mr. Chairman, I begin by expressing my great affection and…

Fred Upton
Rep. Fred UptonR-MI-6 · Jul 22, 2003

Mr. Chairman, I make a point of order. Mr. Chairman, on page 81, ``Federal Communications Commission, salaries and expenses,'' I believe that it is an authorization on an appropriations bill. It is…

Barbara Boxer
Sen. Barbara BoxerD-CA · Jan 22, 2004

Mr. President, today, I am proud to introduce the Freedom of Choice Act. Thirty-one years ago, the Supreme Court handed down its decision in Roe v. Wade. It was a monumental day for women because for…

Mike Pence
Rep. Mike PenceR-IN-6 · Jul 22, 2003

Mr. Chairman, as my colleagues are aware, I had an amendment that would have been considered today that I am also offering today as freestanding legislation regarding the United Nations Reassessment…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jan 22, 2004

Mr. President. I rise along with Senator Fitzgerald to reintroduce the Infant Crib Safety Act. This legislation is designed to reduce injuries and deaths that come from infant crib accidents. Earch…

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Richard Burr
Rep. Richard BurrR-NC-5 · Jul 22, 2003

Mr. Chairman, I move to strike the requisite number of words. (Mr. BURR asked and was given permission to revise and extend his remarks.) Mr. Chairman, I rise in opposition to the amendment. Clearly…

John N. Hostettler
Rep. John N. HostettlerR-IN-8 · Jul 22, 2003

Mr. Chairman, I offer an amendment. Mr. Chairman, on June 26, 2002, in Newdow v. U.S. Congress, a three-member panel of the Ninth U.S. Circuit Court of Appeals ruled that a California school…

Eliot L. Engel
Rep. Eliot L. EngelD-NY-17 · Jul 22, 2003

Mr. Chairman, will the gentleman yield? Mr. Chairman, I absolutely agree with everything the gentleman from Vermont said. I support what he is trying to do about the PATRIOT Act. I do not very often…

Maurice D. Hinchey
Rep. Maurice D. HincheyD-NY-22 · Jul 22, 2003

Mr. Chairman, I offer an amendment. Mr. Chairman, this government, our government, derives its just power from the consent of the governed. Those words form the basic founding principle of this…

Doug Bereuter
Rep. Doug BereuterR-NE-1 · Jul 22, 2003

Mr. Chairman, this Member rises to express his support for H.R. 2799, a bill making appropriations for the Departments of Commerce, Justice, State and the Judiciary for FY 2004. In particular, this…

Dave Weldon
Rep. Dave WeldonR-FL-15 · Jul 22, 2003

Mr. Chairman, I offer an amendment. Mr. Chairman, technology proceeds at a rapid rate, bringing great benefits to humankind from treatments of disease to greater wealth and greater knowledge of our…

Mark Udall
Rep. Mark UdallD-CO-2 · Jul 22, 2003

Mr. Chairman, I rise to state my disappointment with and strong opposition to this bill. It is one thing to make government more lean; it is another thing to cut jobs year in and year out at…

Tom Davis
Rep. Tom DavisR-VA-11 · Jul 22, 2003

Mr. Chairman, I would reserve a point of order, on page 47. Mr. Chairman, I would reserve points of order. Can I strike the last word? Mr. Chairman, I am not going to make any points of order in this…

John Shimkus
Rep. John ShimkusR-IL-19 · Jul 22, 2003

Mr. Chairman, I thank the gentleman for yielding for the purposes of a colloquy. The House State Department authorization bill, H.R. 1950, included provisions that prohibited the elimination of the…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jan 22, 2004

Mr. President, recently we lost our colleague Paul Simon, a great public servant and a great friend. At the age of 19, Paul Simon became the Nation's youngest editor- publisher when he accepted a…

Lynn C. Woolsey
Rep. Lynn C. WoolseyD-CA-6 · Jul 22, 2003

Mr. Chairman, I move to strike the requisite number of words. Mr. Chairman, I rise today to urge my colleagues to protect the voices of the American people, to make sure that their voices, their…

Bill Text

Latest available legislative text

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Introduced in HouseIssued February 12, 2003
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 728 Introduced in House (IH)]

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) 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.

Be it enacted by the Senate and House of Representatives 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 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 procedures.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the remedies and procedures 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 subparagraphs:
``(B) Opportunity for correction of alleged
violation.--A court does not have jurisdiction in a
civil action filed under subparagraph (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 defendant
that the civil action could not be commenced
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 failure to provide
opportunity for correction.--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 appropriate
sanction upon the attorneys involved (and
notwithstanding the lack of jurisdiction 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 plaintiff any
attorneys' fees (including litigation expenses)
or costs.''.
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