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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2191 Placed on Calendar Senate (PCS)]

                                                       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.

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

SECTION 1. 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:
    ``(d) Regulations Regarding Pools Provided by Public Entities.--
            ``(1) Definitions.--
                    ``(A) 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).
                    ``(B) 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)).
                    ``(C) 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.
            ``(2) 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.''.

SEC. 2. 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:
    ``(e) Regulations Regarding Pools at Public Accommodations.--
            ``(1) Definitions.--
                    ``(A) 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).
                    ``(B) 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)).
                    ``(C) 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.
            ``(2) 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.''.
                                                       Calendar No. 336

112th CONGRESS

  2d Session

                                S. 2191

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             March 15, 2012

            Read the second time and placed on the calendar
```