II 112th CONGRESS 2d Session S. 2390 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.

1.

Short title

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

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.