I 
112TH CONGRESS 
2D SESSION 
H. R. 4200 
To amend the Americans with Disabilities Act of 1990 to prohibit the Attor-
ney General from administering or enforcing certain accessibility regula-
tions 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 re-
ferred 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 en-
forcing certain accessibility regulations relating to pools 
at public accommodations or provided by public entities. 
Be it enacted by the Senate and House of Representa-
tives 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: 
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‘‘(d) REGULATIONS REGARDING POOLS PROVIDED 
BY PUBLIC ENTITIES.— 
‘‘(1) DEFINITIONS.— 
‘‘(A) 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 ‘Nondiscrimina-
tion on the Basis of Disability in State and 
Local Government Services’, 75 Fed. Reg. 
56164 (September 15, 2010). 
‘‘(B) 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 Gen-
eral nor any official of the Federal Government shall 
have authority, under this subtitle or any other pro-
vision of Federal law, to administer or enforce a cov-
ered regulation, with respect to a pool provided by 
a public entity and covered by this subtitle.’’. 
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SEC. 2. REGULATIONS REGARDING POOLS AT PUBLIC AC-
COMMODATIONS. 
Section 306 of the Americans with Disabilities Act 
of 1990 (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
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 ‘Nondiscrimina-
tion on the Basis of Disability by Public Ac-
commodations and in Commercial Facilities’, 75 
Fed. Reg. 56236 (September 15, 2010). 
‘‘(B) 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 Gen-
eral nor any official of the Federal Government shall 
have authority, under this title or any other provi-
sion of Federal law, to administer or enforce a cov-
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ered regulation, with respect to a pool at a public ac-
commodation.’’. 
Æ 
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