[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2390 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2390

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 SENATE OF THE UNITED STATES

                             April 26, 2012

  Mr. Graham introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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 Act'' or the ``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 (as in effect on the date of enactment of this Act) 
        recognize that public accommodations should provide access to 
        their amenities to individuals with disabilities.
            (4) It is important for public accommodations to provide 
        access to their amenities, including pools, to individuals with 
        disabilities.
            (5) Public accommodations 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) The revised regulations for titles II and III of the 
        Americans with Disabilities Act of 1990, as the regulations 
        relate to the accessibility of pools at public accommodations, 
        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 an alleged 
        violation, of the revised regulations for titles II and III of 
        the Americans with Disabilities Act of 1990 (part 36 of title 
        28, Code of Federal Regulations, as in effect on the date of 
        enactment of this Act) regarding the requirements for a public 
        accommodation or commercial facility to provide an accessible 
        means of entry to pools, that occurred on or after March 15, 
        2012, and before the date that is 1 year after the date of 
        enactment of this Act. The Attorney General may not 
        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 public 
        accommodation or commercial facility for a violation described 
        in paragraph (1), that is 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 public accommodation or 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 public accommodation or commercial facility that has 
        more than 1 pool and uses 1 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) Definitions.--
            (1) Commercial facilities; public accommodation.--The terms 
        ``commercial facilities'' and ``public accommodation'' have the 
        meanings given the terms in section 301 of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12181).
            (2) Pool.--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 manmade body 
        of water to which part 36 of title 28, Code of Federal 
        Regulations, requires a public accommodation or commercial 
        facility to provide an accessible means of entry.
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