II 

Calendar No. 336 

112TH CONGRESS 

2D SESSION S. 2191 

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 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. 

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 2191 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 GUIDANCE.—The term 

10 ‘covered guidance’ means the guidance issued 

11 by the Attorney General entitled ‘ADA 2010 

12 Revised Requirements: Accessible Pools - Means 

13 of Entry and Exit’ (January 2012). 

14 ‘‘(B) COVERED REGULATION.—The term 

15 ‘covered regulation’ means the portions of part 

16 35 of title 28, Code of Federal Regulations, 

17 that were added under the final rule issued by 

18 the Attorney General entitled ‘Nondiscrimina19 tion on the Basis of Disability in State and 

20 Local Government Services’ (75 Fed. Reg. 

21 56164 (September 15, 2010)). 

22 ‘‘(C) POOL.—The term ‘pool’ means a 

23 swimming pool, wading pool, sauna, steam 

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

25 pool, or other water amusement, within the 


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•S 2191 PCS

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

2 Regulations. 

3 ‘‘(2) PROHIBITION.—Neither the Attorney Gen4 eral nor any other individual or entity shall have au5 thority, under this subtitle or any other provision of 

6 Federal law, to administer or enforce a covered reg7 ulation (including covered guidance and other re8 lated guidance), with respect to a pool provided by 

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

10 SEC. 2. REGULATIONS REGARDING POOLS AT PUBLIC AC11 COMMODATIONS. 

12 Section 306 of the Americans with Disabilities Act 

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

14 end the following: 

15 ‘‘(e) REGULATIONS REGARDING POOLS AT PUBLIC

16 ACCOMMODATIONS.— 

17 ‘‘(1) DEFINITIONS.— 

18 ‘‘(A) COVERED GUIDANCE.—The term 

19 ‘covered guidance’ means the guidance issued 

20 by the Attorney General entitled ‘ADA 2010 

21 Revised Requirements: Accessible Pools - Means 

22 of Entry and Exit’ (January 2012). 

23 ‘‘(B) COVERED REGULATION.—The term 

24 ‘covered regulation’ means the portions of part 

25 36 of title 28, Code of Federal Regulations, 


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•S 2191 PCS

1 that were added under the final rule issued by 

2 the Attorney General entitled ‘Nondiscrimina3 tion on the Basis of Disability by Public Ac4 commodations and in Commercial Facilities’ 

5 (75 Fed. Reg. 56236 (September 15, 2010)). 

6 ‘‘(C) POOL.—The term ‘pool’ means a 

7 swimming pool, wading pool, sauna, steam 

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

9 pool, or other water amusement, within the 

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

11 Regulations. 

12 ‘‘(2) PROHIBITION.—Neither the Attorney Gen13 eral nor any other individual or entity shall have au14 thority, under this title or any other provision of 

15 Federal law, to administer or enforce a covered reg16 ulation (including covered guidance and other re17 lated guidance), with respect to a pool at a public 

18 accommodation.’’. 


tkelley on DSK3SPTVN1PROD with BILLS

tkelley on DSK3SPTVN1PROD with BILLS
Calendar No. 336 

112TH CONGRESS 

2D SESSION S. 2191 

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 15, 2012 

Read the second time and placed on the calendar 


tkelley on DSK3SPTVN1PROD with BILLS