H.R. 4256House112th Congress (2011-2013)In Committee

Pool Safety and Accessibility for Everyone (Pool SAFE) Act

Introduced March 26, 2012

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on the Constitution.

April 9, 2012

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HouseIntro Referral

Introduced in House

March 26, 2012

HouseIntro Referral

Referred to the House Committee on the Judiciary.

March 26, 2012

HouseCommittee

Referred to the Subcommittee on the Constitution.

April 9, 2012

Floor Debate

24 members

What members said about H.R. 4256 on the floor

11 Republicans13 Democrats
Frank R. Wolf
Rep. Frank R. WolfR-VA-10 · May 8, 2012

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 5326, and that I may include…

Chaka Fattah
Rep. Chaka FattahD-PA-2 · May 8, 2012

Mr. Chair, I yield myself such time as I may consume. I want to start out first and foremost by thanking my colleague and the chairman of the subcommittee, Frank Wolf, for continuing to be a model…

Ralph M. Hall
Rep. Ralph M. HallR-TX-4 · May 8, 2012

I, of course, rise in support of H.R. 5326, the Commerce, Justice, Science, and Related Agencies Appropriations Act 2013. This bill includes over $30 billion for four key agencies under the Science,…

Eddie Bernice Johnson
Rep. Eddie Bernice JohnsonD-TX-30 · May 8, 2012

Mr. Chair, funding for research, innovation, and STEM education is an investment in our future, perhaps one of the most important investments we make as a nation. China, the European Union, and many…

Marcy Kaptur
Rep. Marcy KapturD-OH-9 · May 8, 2012

I thank Ranking Member Fattah for yielding me this time. Mr. Chairman, I reluctantly rise today to oppose the fiscal year 2013 Commerce, Justice, Science and Related Agencies appropriations bill, but…

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Tom McClintock
Rep. Tom McClintockR-CA-4 · May 8, 2012

Madam Chairman, I have an amendment at the desk. Madam Chairman, this amendment cuts more than a quarter-billion dollars in unauthorized appropriations from the International Trade Administration.…

Norman D. Dicks
Rep. Norman D. DicksD-WA-6 · May 8, 2012

Mr. Speaker, I thank Ranking Member Fattah for yielding to me and for his hard work on this important bill. As we begin the floor consideration of the first of the 2013 appropriations bills, I would…

Mike Pompeo
Rep. Mike PompeoR-KS-4 · May 8, 2012

Madam Chairman, I rise in opposition to the amendment. I rise in opposition to this amendment. Just because you call something ``economic development'' does not make it so. We could name an Agency…

Harold Rogers
Rep. Harold RogersR-KY-5 · May 8, 2012

I thank the chairman for yielding the time. I rise in strong support of this bill. This bill, the first for fiscal '13, marks one of the earliest starts to the appropriations process in recent…

Steve Scalise
Rep. Steve ScaliseR-LA-1 · May 8, 2012

Madam Chair, I have an amendment at the desk. Madam Chair, the amendment that I bring to the desk brings the two Agencies, EDA and Commerce, back to the pre-2008 spending levels. And as we're…

Jose E. Serrano
Rep. Jose E. SerranoD-NY-16 · May 8, 2012

I thank the gentleman for the time. First of all, I'd like to congratulate Chairman Wolf and Ranking Member Fattah for their work, but especially for their continued desire to work together, to work…

Stephen F. Lynch
Rep. Stephen F. LynchD-MA-9 · May 8, 2012

Madam Chair, I believe I have an amendment at the desk. Madam Chair, I rise to offer an amendment to H.R. 5326, making appropriations for the Departments of Commerce, Justice, Science, and Related…

Paul C. Broun
Rep. Paul C. BrounR-GA-10 · May 8, 2012

Madam Chairman, I have an amendment at the desk. This amendment would reduce the administrative spending salaries and expense accounts in the underlying bill by just 3 percent. During this time of…

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Michael H. Michaud
Rep. Michael H. MichaudD-ME-2 · May 8, 2012

Madam Chair, I have an amendment at the desk. I rise today to offer an amendment to restore funding to the Economic Development Administration. EDA is the only Federal Agency with the single mission…

Gary C. Peters
Rep. Gary C. PetersD-MI-9 · May 8, 2012

I rise to offer an amendment on this paragraph. Mr. Chairman, there's a lot of talk here in Washington about the need to cut our budget deficits; and while that is certainly true, we also need to be…

Maxine Waters
Rep. Maxine WatersD-CA-35 · May 8, 2012

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, my amendment to H.R. 5326 would fully fund the Department of Justice's financial and mortgage fraud enforcement activities as well as the…

Kevin Yoder
Rep. Kevin YoderR-KS-3 · May 8, 2012

Mr. Chairman, I rise today in support of the Commerce- Justice-Science 2013 appropriations bill, our first appropriations bill of the upcoming fiscal year. I'd like to commend the chairman and…

Trey Gowdy
Rep. Trey GowdyR-SC-4 · May 8, 2012

Madam Chair, I have an amendment at the desk. Madam Chairwoman, for well over a year now, committees of Congress have been trying to answer basic, fundamental questions about an ill-conceived,…

David N. Cicilline
Rep. David N. CicillineD-RI-1 · May 8, 2012

Madam Chair, I have an amendment at the desk. Madam Chairman, in an effort to drive innovation and regional collaboration, the America COMPETES Reauthorization Act of 2010 mandated the creation of a…

Nick J. Rahall II
Rep. Nick J. Rahall IID-WV-3 · May 8, 2012

Madam Chair, I rise in opposition to the amendment offered by the gentleman from Kansas, Mr. Pompeo, to eliminate funding for the Economic Development Administration (EDA). The importance of EDA…

Brad Miller
Rep. Brad MillerD-NC-13 · May 8, 2012

I move to strike the last word. Mr. Chairman, I did not want to cut the spending for NASA either, but the financial crisis of 2008, from which we are still suffering, cost Americans trillions of…

Colleen Hanabusa
Rep. Colleen HanabusaD-HI-1 · May 8, 2012

Madam Chairman, I have an amendment at the desk. Madam Chairman, first I would like to say that this is a bipartisan amendment. Congressman Young from Alaska has joined in the amendment, as well as…

Jon Runyan
Rep. Jon RunyanR-NJ-3 · May 8, 2012

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, my amendment transfers $22.418 million from the General Administration Fund to the Edward Byrne Memorial Justice Assistance Grant program,…

Michael G. Grimm
Rep. Michael G. GrimmR-NY-13 · May 8, 2012

Madam Chair, I have an amendment at the desk. Madam Chair, I rise today to offer an amendment I introduced along with my colleagues, Mr. King of New York, Mr. Barletta, and Mr. Runyan, that would…

Bill Text

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Introduced in HouseIssued March 26, 2012

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.