Core Provisions: The bill would amend the enforcement section of Title III of the Americans with Disabilities Act of 1990, by adding a procedure that allows covered entities the opportunity to correct an alleged violation prior to the initiation of a plaintiff’s lawsuit under the ADA or a related state statute. Title III covers places of public accommodation; commercial facilities; and private entities that offer certain examinations and courses related educational and occupational certification.

Under the proposed legislation, before filing a complaint in federal or state court alleging a violation of the ADA or a state law that conditions a violation of its provisions based on a violation of the ADA, a plaintiff would be required to provide the covered entity with written notice of the alleged violation and an opportunity to remedy the alleged violation. The written notice would need to (1) identify the facts that constitute the alleged violation, including the location of the alleged violation and the date on which the alleged violation occurred; and (2) contain a statement indicating that the plaintiff is barred from filing a complaint until the end of a 90-day remedial period. Covered entities would have 90 days to correct an alleged violation following receipt of the written notice. If a plaintiff ultimately files a complaint under the ADA or a related state statute, the complaint would be required to state that as of the date of the filing, the defendant had not corrected the alleged violation. The bill would permit a court to extend the 90-day remedial period one time by a period not to exceed 30 days if the defendant applies for an extension.

Status: On May 13, 2009, Rep. Duncan D. Hunter (R-CA) introduced H.R. 2397. The bill was referred to the House Committee on the Judiciary following its introduction.