II
Calendar No. 336
112th CONGRESS
2d Session
S. 2191
IN THE SENATE OF THE UNITED STATES
March 14, 2012
Mr. DeMint (for himself and Mr. Graham) introduced the following bill; which was read the first time
March 15, 2012
Read the second time and placed on the calendar
A BILL
To amend the Americans with Disabilities Act of 1990 to prohibit the Attorney General from administering or enforcing certain accessibility regulations relating to pools at public accommodations or provided by public entities.
Regulations regarding pools provided by public entities
Section 204 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12134) is amended by adding at the end the following:
Regulations regarding pools provided by public entities
Definitions
Covered guidance
The term covered guidance means the
guidance issued by the Attorney General entitled ADA 2010 Revised
Requirements: Accessible Pools - Means of Entry and Exit
(January
2012).
Covered regulation
The term
covered regulation means the portions of part 35 of title 28, Code
of Federal Regulations, that were added under the final rule issued by the
Attorney General entitled Nondiscrimination on the Basis of Disability
in State and Local Government Services
(75 Fed. Reg. 56164 (September
15, 2010)).
Pool
The term pool means a swimming pool, wading pool, sauna, steam room, spa, wave pool, lazy river, sand bottom pool, or other water amusement, within the meaning of part 36 of title 28, Code of Federal Regulations.
Prohibition
Neither the Attorney General nor any other individual or entity shall have authority, under this subtitle or any other provision of Federal law, to administer or enforce a covered regulation (including covered guidance and other related guidance), with respect to a pool provided by a public entity and covered by this subtitle.
.
Regulations regarding pools at public accommodations
Section 306 of the Americans with Disabilities Act of 1998 (42 U.S.C. 12186) is amended by adding at the end the following:
Regulations regarding pools at public accommodations
Definitions
Covered guidance
The term covered guidance means the
guidance issued by the Attorney General entitled ADA 2010 Revised
Requirements: Accessible Pools - Means of Entry and Exit
(January
2012).
Covered regulation
The term
covered regulation means the portions of part 36 of title 28, Code
of Federal Regulations, that were added under the final rule issued by the
Attorney General entitled Nondiscrimination on the Basis of Disability
by Public Accommodations and in Commercial Facilities
(75 Fed. Reg.
56236 (September 15, 2010)).
Pool
The term pool means a swimming pool, wading pool, sauna, steam room, spa, wave pool, lazy river, sand bottom pool, or other water amusement, within the meaning of part 36 of title 28, Code of Federal Regulations.
Prohibition
Neither the Attorney General nor any other individual or entity shall have authority, under this title or any other provision of Federal law, to administer or enforce a covered regulation (including covered guidance and other related guidance), with respect to a pool at a public accommodation.
.
March 15, 2012
Read the second time and placed on the calendar