I 112th CONGRESS 2d Session H. R. 4256 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.

1.

Short title

This Act may be cited as the Pool Safety and Accessibility for Everyone (Pool SAFE) Act.

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.

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.