[Congressional Record Volume 158, Number 66 (Thursday, May 10, 2012)]
[Extensions of Remarks]
[Page E773]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


 COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2013

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                               speech of

                         HON. STEVEN R. ROTHMAN

                             of new jersey

                    in the house of representatives

                          Tuesday, May 8, 2012

       The House in Committee of the Whole House on the state of 
     the Union had under consideration the bill (H.R. 5326) making 
     appropriations for the Departments of Commerce and Justice, 
     Science, and Related Agencies for the fiscal year ending 
     September 30, 2013, and for other purposes:

  Mr. ROTHMAN of New Jersey. Mr. Chair, I rise in strong support of the 
Department of Justice's (DOJ) final rule detailing requirements for 
accessible entry and exit for pools and spas under the Americans with 
Disabilities Act (ADA), and in opposition to a provision included in 
the Commerce, Justice, and Science FY13 Appropriations Bill to inhibit 
DOJ's enforcement of this important rule.
  Over twenty years after the passage of the Americans with 
Disabilities Act, the accessibility of swimming pools and other 
recreational facilities remains important to people with disabilities 
around the country. The 54 million Americans living with disabilities 
deserve to finally be able to enjoy these facilities to the same extent 
as others in our society.
  The Department's process to develop accessibility guidelines for 
swimming pools began over 7 years ago on September 30, 2004, and the 
DOJ published the final rule on September 2010 after receiving feedback 
from all stakeholders and the public. DOJ delayed compliance until May 
21, 2012 and issued guidance at the beginning of this year, clarifying 
the intent of the final rule.
  The final rule ensures that small, family-owned business are not 
overburdened, by only requiring installation of fixed pool lifts for 
existing pools and spas if it is ``readily achievable,'' meaning that 
it is not overly costly or burdensome. It strikes an appropriate 
balance between the needs of Americans living with disabilities and our 
businesses.
  The need for pools and spas to be accessible for people with 
disabilities is not a new idea, but one that has been in federal law 
for more than 2 decades. The requirement to remove barriers to 
accessibility to swimming pools for people with disabilities has been 
part of the statutory requirement under the Americans with Disabilities 
Act since it was passed in 1990, almost 22 years ago. The regulatory 
process is functioning just as it was intended to.
  People with disabilities should be able to enjoy the same 
recreational amenities and opportunities as every other American. 
Delaying the effective date of the regulations any further will mean 
another season where people with disabilities will be denied the 
opportunity to use pools when they travel on vacations with their 
families or on business.

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