II 

Calendar No. 335 

112TH CONGRESS 

2D SESSION S. 2186 

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 SENATE OF THE UNITED STATES 

MARCH 12, 2012 

Mr. DEMINT (for himself and Mr. GRAHAM) introduced the following bill; 

which was read the first time 

MARCH 13, 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. 

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


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•S 2186 PCS

1 SECTION 1. REGULATIONS REGARDING POOLS PROVIDED 

2 BY PUBLIC ENTITIES. 

3 Section 204 of the Americans with Disabilities Act 

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

5 end the following: 

6 ‘‘(d) REGULATIONS REGARDING POOLS PROVIDED

7 BY PUBLIC ENTITIES.— 

8 ‘‘(1) DEFINITIONS.— 

9 ‘‘(A) COVERED REGULATION.—The term 

10 ‘covered regulation’ means the portions of part 

11 35 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 in State and 

15 Local Government Services’, 75 Fed. Reg. 

16 56164 (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 subtitle or any other pro26 vision of Federal law, to administer or enforce a covVerDate Mar 15 2010 23:42 Mar 13, 2012 Jkt 000019 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2186.PCS S2186

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•S 2186 PCS

1 ered regulation, with respect to a pool provided by 

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

3 SEC. 2. REGULATIONS REGARDING POOLS AT PUBLIC AC4 COMMODATIONS. 

5 Section 306 of the Americans with Disabilities Act 

6 of 1998 (42 U.S.C. 12186) is amended by adding at the 

7 end the following: 

8 ‘‘(e) REGULATIONS REGARDING POOLS AT PUBLIC

9 ACCOMMODATIONS.— 

10 ‘‘(1) DEFINITIONS.— 

11 ‘‘(A) COVERED REGULATION.—The term 

12 ‘covered regulation’ means the portions of part 

13 36 of title 28, Code of Federal Regulations, 

14 that were added under the final rule issued by 

15 the Attorney General entitled ‘Nondiscrimina16 tion on the Basis of Disability by Public Ac17 commodations and in Commercial Facilities’, 75 

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

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

20 swimming pool, wading pool, sauna, steam 

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

22 pool, or other water amusement, within the 

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

24 Regulations. 


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•S 2186 PCS

1 ‘‘(2) PROHIBITION.—Neither the Attorney Gen2 eral nor any official of the Federal Government shall 

3 have authority, under this title or any other provi4 sion of Federal law, to administer or enforce a cov5 ered regulation, with respect to a pool at a public ac6 commodation.’’. 


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Calendar No. 335 

112TH CONGRESS 

2D SESSION S. 2186 

A BILL 

To amend the Americans with Disabilities Act of 

tions or provided by public entities. ulations relating to pools at public accommodaministering or enforcing certain accessibility reg1990 to prohibit the Attorney General from adMARCH 13, 2012 

Read the second time and placed on the calendar 


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