I 

112TH CONGRESS 

2D SESSION H. R. 4200 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 16, 2012 

Mr. SCHWEIKERT (for himself, Mr. MULVANEY, Mr. GOSAR, Mr. FRANKS of 

Arizona, and Mr. QUAYLE) introduced the following bill; which was referred to the Committee on the Judiciary 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. REGULATIONS REGARDING POOLS PROVIDED 

4 BY PUBLIC ENTITIES. 

5 Section 204 of the Americans with Disabilities Act 

6 of 1990 (42 U.S.C. 12134) is amended by adding at the 

7 end the following: 


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1 ‘‘(d) REGULATIONS REGARDING POOLS PROVIDED

2 BY PUBLIC ENTITIES.— 

3 ‘‘(1) DEFINITIONS.— 

4 ‘‘(A) COVERED REGULATION.—The term 

5 ‘covered regulation’ means the portions of part 

6 35 of title 28, Code of Federal Regulations, 

7 that were added under the final rule issued by 

8 the Attorney General entitled ‘Nondiscrimina9 tion on the Basis of Disability in State and 

10 Local Government Services’, 75 Fed. Reg. 

11 56164 (September 15, 2010). 

12 ‘‘(B) POOL.—The term ‘pool’ means a 

13 swimming pool, wading pool, sauna, steam 

14 room, spa, wave pool, lazy river, sand bottom 

15 pool, or other water amusement, within the 

16 meaning of part 36 of title 28, Code of Federal 

17 Regulations. 

18 ‘‘(2) PROHIBITION.—Neither the Attorney Gen19 eral nor any official of the Federal Government shall 

20 have authority, under this subtitle or any other pro21 vision of Federal law, to administer or enforce a cov22 ered regulation, with respect to a pool provided by 

23 a public entity and covered by this subtitle.’’. 


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1 SEC. 2. REGULATIONS REGARDING POOLS AT PUBLIC AC2 COMMODATIONS. 

3 Section 306 of the Americans with Disabilities Act 

4 of 1990 (42 U.S.C. 12186) is amended by adding at the 

5 end the following: 

6 ‘‘(e) REGULATIONS REGARDING POOLS AT PUBLIC

7 ACCOMMODATIONS.— 

8 ‘‘(1) DEFINITIONS.— 

9 ‘‘(A) COVERED REGULATION.—The term 

10 ‘covered regulation’ means the portions of part 

11 36 of title 28, Code of Federal Regulations, 

12 that were added under the final rule issued by 

13 the Attorney General entitled ‘Nondiscrimina14 tion on the Basis of Disability by Public Ac15 commodations and in Commercial Facilities’, 75 

16 Fed. Reg. 56236 (September 15, 2010). 

17 ‘‘(B) POOL.—The term ‘pool’ means a 

18 swimming pool, wading pool, sauna, steam 

19 room, spa, wave pool, lazy river, sand bottom 

20 pool, or other water amusement, within the 

21 meaning of part 36 of title 28, Code of Federal 

22 Regulations. 

23 ‘‘(2) PROHIBITION.—Neither the Attorney Gen24 eral nor any official of the Federal Government shall 

25 have authority, under this title or any other provi26 sion of Federal law, to administer or enforce a covVerDate Mar 15 2010 00:02 Mar 17, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4200.IH H4200

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1 ered regulation, with respect to a pool at a public ac2 commodation.’’. 

Æ 


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