[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4200 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4200

 To amend the Americans with Disabilities Act of 1990 to prohibit the 
Attorney General from administering or enforcing certain accessibility 
 regulations relating to pools at public accommodations or provided by 
                            public entities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 2012

  Mr. Schweikert (for himself, Mr. Mulvaney, Mr. Gosar, Mr. Franks of 
   Arizona, and Mr. Quayle) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Americans with Disabilities Act of 1990 to prohibit the 
Attorney General from administering or enforcing certain accessibility 
 regulations relating to pools at public accommodations or provided by 
                            public entities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REGULATIONS REGARDING POOLS PROVIDED BY PUBLIC ENTITIES.

    Section 204 of the Americans with Disabilities Act of 1990 (42 
U.S.C. 12134) is amended by adding at the end the following:
    ``(d) Regulations Regarding Pools Provided by Public Entities.--
            ``(1) Definitions.--
                    ``(A) Covered regulation.--The term `covered 
                regulation' means the portions of part 35 of title 28, 
                Code of Federal Regulations, that were added under the 
                final rule issued by the Attorney General entitled 
                `Nondiscrimination on the Basis of Disability in State 
                and Local Government Services', 75 Fed. Reg. 56164 
                (September 15, 2010).
                    ``(B) Pool.--The term `pool' means a swimming pool, 
                wading pool, sauna, steam room, spa, wave pool, lazy 
                river, sand bottom pool, or other water amusement, 
                within the meaning of part 36 of title 28, Code of 
                Federal Regulations.
            ``(2) Prohibition.--Neither the Attorney General nor any 
        official of the Federal Government shall have authority, under 
        this subtitle or any other provision of Federal law, to 
        administer or enforce a covered regulation, with respect to a 
        pool provided by a public entity and covered by this 
        subtitle.''.

SEC. 2. REGULATIONS REGARDING POOLS AT PUBLIC ACCOMMODATIONS.

    Section 306 of the Americans with Disabilities Act of 1990 (42 
U.S.C. 12186) is amended by adding at the end the following:
    ``(e) Regulations Regarding Pools at Public Accommodations.--
            ``(1) Definitions.--
                    ``(A) Covered regulation.--The term `covered 
                regulation' means the portions of part 36 of title 28, 
                Code of Federal Regulations, that were added under the 
                final rule issued by the Attorney General entitled 
                `Nondiscrimination on the Basis of Disability by Public 
                Accommodations and in Commercial Facilities', 75 Fed. 
                Reg. 56236 (September 15, 2010).
                    ``(B) Pool.--The term `pool' means a swimming pool, 
                wading pool, sauna, steam room, spa, wave pool, lazy 
                river, sand bottom pool, or other water amusement, 
                within the meaning of part 36 of title 28, Code of 
                Federal Regulations.
            ``(2) Prohibition.--Neither the Attorney General nor any 
        official of the Federal Government shall have authority, under 
        this title or any other provision of Federal law, to administer 
        or enforce a covered regulation, with respect to a pool at a 
        public accommodation.''.
                                 <all>