I 
113TH CONGRESS 
1ST SESSION 
H. R. 203 
To direct the Attorney General to revise certain rules under titles II and 
III of the Americans with Disabilities Act of 1990 relating to accessible 
means of entry to pools. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2013 
Mr. MULVANEY (for himself, Mr. RIBBLE, Mr. JONES, Mr. FARENTHOLD, Mr. 
WESTMORELAND, 
Mr. 
COFFMAN, 
Mr. 
ROE
of 
Tennessee, 
Mr. 
SCHWEIKERT, Mr. OWENS, Mr. LANKFORD, Mr. TIBERI, Mr. AMODEI, 
and Mr. GRAVES of Georgia) introduced the following bill; which was re-
ferred to the Committee on the Judiciary 
A BILL 
To direct the Attorney General to revise certain rules under 
titles II and III of the Americans with Disabilities Act 
of 1990 relating to accessible means of entry to pools. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Pool Safety and Acces-
sibility for Everyone Act’’ or the ‘‘Pool SAFE Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) One of the purposes of the Americans with 
Disabilities Act of 1990 is to ‘‘provide a clear and 
comprehensive national mandate for the elimination 
of discrimination against individuals with disabil-
ities’’. 
(2) The Nation’s proper goals regarding indi-
viduals with disabilities are to ensure equality of op-
portunity and full participation for such individuals. 
(3) The Department of Justice’s revised regula-
tions for titles II and III of the Americans with Dis-
abilities Act of 1990 (as in effect on the date of en-
actment of this Act) recognize that public accom-
modations should provide access to their amenities 
to individuals with disabilities. 
(4) It is important for public accommodations 
to provide access to their amenities, including pools, 
to individuals with disabilities. 
(5) Public accommodations should provide ac-
cess to their amenities, including pools, in a reason-
able, efficient, and expedient manner that accounts 
for the interests of individuals with disabilities and 
also considers other legitimate concerns, such as 
safety and feasibility. 
(6) The revised regulations for titles II and III 
of the Americans with Disabilities Act of 1990, as 
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the regulations relate to the accessibility of pools at 
public accommodations, do not reasonably or ade-
quately balance the access needs of individuals with 
disabilities with other legitimate, and sometimes 
competing, safety and feasibility concerns. 
SEC. 3. REVISION OF RULES. 
(a) EXTENSION OF COMPLIANCE DEADLINE.— 
(1) IN GENERAL.—No suit may be brought for 
an alleged violation of the revised regulations for ti-
tles II and III of the Americans with Disabilities Act 
of 1990 (part 36 of title 28, Code of Federal Regu-
lations, as in effect on the date of enactment of this 
Act) regarding the requirements for a public accom-
modation or commercial facility to provide an acces-
sible means of entry to pools that occurred on or 
after January 31, 2013, and before the date that is 
1 year after the date of enactment of this Act. The 
Attorney General may not investigate or initiate a 
compliance review of such an alleged violation. 
(2) PENDING
PROCEEDINGS
DISMISSED.—Be-
ginning on the date of enactment of this Act, any 
suit against a public accommodation or commercial 
facility for a violation described in paragraph (1) 
that is brought on or after January 31, 2013, and 
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before the date of enactment of this Act, shall be 
dismissed. 
(b) REVISION OF RULES.—Not later than 60 days 
after the date of enactment of this Act, the Attorney Gen-
eral shall revise section 36.304 of title 28, Code of Federal 
Regulations, and any other appropriate rules in part 36 
of such title to provide that— 
(1) a public accommodation or commercial facil-
ity that has a pool and uses a portable pool lift on 
request shall be in compliance with the requirement 
under such rules to provide an accessible means of 
entry to such pool, even if installation of a perma-
nent lift is readily achievable; and 
(2) a public accommodation or commercial facil-
ity that has more than 1 pool and uses 1 portable 
pool lift on request for all such pools shall be in 
compliance with the requirement under such rules to 
provide an accessible means of entry to each such 
pool. 
(c) DEFINITIONS.— 
(1) COMMERCIAL FACILITIES; PUBLIC ACCOM-
MODATION.—The terms ‘‘commercial facilities’’ and 
‘‘public accommodation’’ have the meanings given 
the terms in section 301 of the Americans with Dis-
abilities Act of 1990 (42 U.S.C. 12181). 
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(2) POOL.—The term ‘‘pool’’ means a swim-
ming pool, wading pool, sauna, steam room, spa, 
wave pool, lazy river, sand bottom pool, other water 
amusement, or any other manmade body of water to 
which part 36 of title 28, Code of Federal Regula-
tions, requires a public accommodation or commer-
cial facility to provide an accessible means of entry. 
Æ 
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