[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4256 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4256

To direct the Attorney General to revise certain rules under titles II 
  and III of the Americans with Disabilities Act of 1990 relating to 
                  accessible means of entry to pools.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 26, 2012

Mr. Mulvaney (for himself, Mr. Schweikert, Mr. Jones, Mr. Quayle, Mrs. 
Myrick, Mr. Coffman of Colorado, Mr. Gardner, Mr. Pence, Mr. Graves of 
 Missouri, Mrs. Hartzler, Mr. Ross of Arkansas, Mr. Burton of Indiana, 
 Mr. Gowdy, Mr. Wilson of South Carolina, Mr. Campbell, Mr. Latta, Mr. 
  Amodei, Mr. Berg, Mr. Ribble, Mr. Kelly, Mr. Harris, Mr. Long, Mr. 
Carter, Mr. Paul, Mr. Posey, Mr. Flake, and Mr. Lamborn) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To direct the Attorney General to revise certain rules under titles II 
  and III of the Americans with Disabilities Act of 1990 relating to 
                  accessible means of entry to pools.

    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 ``Pool Safety and Accessibility for 
Everyone (Pool SAFE) Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) One of the purposes of the Americans with Disabilities 
        Act of 1990 is to ``provide a clear and comprehensive national 
        mandate for the elimination of discrimination against 
        individuals with disabilities.''
            (2) The Nation's proper goals regarding individuals with 
        disabilities are to ensure equality of opportunity and full 
        participation for such individuals.
            (3) The Department of Justice's revised regulations for 
        titles II and III of the Americans with Disabilities Act of 
        1990 recognize that places of public accommodation should 
        provide access to their amenities to individuals with 
        disabilities.
            (4) It is important for places of public accommodation to 
        provide access to their amenities, including pools, to 
        individuals with disabilities.
            (5) Places of public accommodation should provide access to 
        their amenities, including pools, in a reasonable, efficient, 
        and expedient manner that accounts for the interests of 
        individuals with disabilities and also considers other 
        legitimate concerns, such as safety and feasibility.
            (6) As they relate to the accessibility of pools at places 
        of public accommodation, the current revised regulations for 
        titles II and III of the Americans with Disabilities Act of 
        1990 do not reasonably or adequately balance the access needs 
        of individuals with disabilities with other legitimate, and 
        sometimes competing, safety and feasibility concerns.

SEC. 3. REVISION OF RULES.

    (a) Extension of Compliance Deadline.--
            (1) In general.--No suit may be brought for a violation of 
        the revised regulations for titles II and III of the Americans 
        with Disabilities Act of 1990 regarding the requirements for 
        places of public accommodation and commercial facilities to 
        provide an accessible means of entry to pools (28 CFR 36.101 et 
        seq.) that occurred on or after March 15, 2012, and before the 
        date that is one year after the date of enactment of this Act, 
        nor may the Attorney General investigate, or initiate a 
        compliance review of such an alleged violation.
            (2) Pending proceedings dismissed.--Beginning on the date 
        of enactment of this Act, any suit against a place of public 
        accommodation or commercial facility for a violation described 
        in paragraph (1) brought on or after March 15, 2012, and before 
        the date of enactment of this Act shall be dismissed.
    (b) Revision of Rules.--Not later than 60 days after the date of 
enactment of this Act, the Attorney General shall revise section 36.304 
of title 28, Code of Federal Regulations, and any other appropriate 
rules in part 36 of such title to provide that--
            (1) a place of public accommodation or a commercial 
        facility that has a pool and uses a portable pool lift on 
        request shall be in compliance with the requirement under such 
        rules to provide an accessible means of entry to such pool, 
        even if installation of a permanent lift is readily achievable; 
        and
            (2) a place of public accommodation or a commercial 
        facility that has more than one pool and uses one portable pool 
        lift on request for all such pools shall be in compliance with 
        the requirement under such rules to provide an accessible means 
        of entry to each such pool.
    (c) Pool Defined.--The term ``pool'' means a swimming pool, wading 
pool, sauna, steam room, spa, wave pool, lazy river, sand bottom pool, 
other water amusement, or any other man-made body of water to which 
part 36 of title 28, Code of Federal Regulations, requires places of 
public accommodation and commercial facilities to provide an accessible 
means of entry.
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