[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5850 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5850

  To increase the safety of swimming pools and spas by establishing a 
swimming pool safety grant program administered by the Consumer Product 
  Safety Commission to encourage States to improve their pool and spa 
 safety laws, to educate the public about pool and spa safety, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 20, 2006

Ms. Wasserman Schultz (for herself, Mr. Wolf, Mr. Moore of Kansas, Mr. 
 Wexler, Mrs. McCarthy, Mr. Engel, Mr. Owens, Mr. Hastings of Florida, 
    Mr. King of New York, Mr. Alexander, Mr. Olver, and Mr. Kline) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To increase the safety of swimming pools and spas by establishing a 
swimming pool safety grant program administered by the Consumer Product 
  Safety Commission to encourage States to improve their pool and spa 
 safety laws, to educate the public about pool and spa safety, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Pool and Spa 
Safety Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Recommended swimming pool safety standards.
Sec. 4. State swimming pool safety grant program.
Sec. 5. National education program.
Sec. 6. Definitions.
Sec. 7. CPSC reports.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) drowning is the leading cause of death in children 
        under 4 and the second leading cause of death in children 14 
        and under in the United States;
            (2) many children drown due to pool and spa drowning and 
        entrapment, such as Virginia Graeme Baker, who at age 7 drowned 
        by entrapment in a residential spa, and Preston de Ibern, who 
        at age 5 nearly drowned and was left permanently brain damaged, 
        finally succumbing to his catastrophic health care issues when 
        he was 12 years old;
            (3) in 2003, 782 children ages 14 and under died as a 
        result of unintentional drowning;
            (4) from 1985 to 2004, at least 33 children ages 14 and 
        under died as a result of pool and spa entrapment;
            (5) adult supervision at all aquatic venues is a critical 
        safety factor in preventing children from drowning; and
            (6) research studies show that the installation and proper 
        use of barriers or fencing, as well as additional layers of 
        protection, could substantially reduce the number of childhood 
        residential swimming pool drownings and near drownings.

SEC. 3. RECOMMENDED SWIMMING POOL SAFETY STANDARDS.

    (a) In General.--
            (1) Safety standards.--Within 90 days after the date of 
        enactment of this Act, the Commission shall issue an advance 
        notice of proposed rulemaking to establish recommended minimum 
        State law standards for swimming pools and spas with respect 
        to--
                    (A) enclosure of the pool or spa by barriers to 
                entry that will effectively prevent small children from 
                gaining unsupervised access to the pool or spa; and
                    (B) devices and systems designed to prevent 
                entrapment of children by pool or spa drains.
            (2) Deadline.--The Commission shall issue the recommended 
        minimum standards as a final rule within 18 months after it 
        issues the advance notice of proposed rulemaking.
            (3) Status of standards.--
                    (A) In general.--The standards promulgated by the 
                Commission under this section--
                            (i) shall be advisory in nature;
                            (ii) shall not prevent the Commission from 
                        subsequently promulgating standards regulating 
                        pool and spa safety or from relying on an 
                        applicable national performance standard;
                            (iii) shall not be promulgated as a 
                        consumer product safety rule; and
                            (iv) shall be used by the Commission solely 
                        for the purpose of determining the eligibility 
                        of a State for a grant under section 4 of this 
                        Act.
                    (B) Enforcement.--The Commission may not enforce 
                any standard promulgated under this section except for 
                the purpose of determining the eligibility of a State 
                for a grant under section 4 of this Act.
            (4) Guidelines.--In promulgating standards under this Act, 
        the Commission shall give strong consideration to published 
        Commission guidelines and, where applicable, existing national 
        performance standards.
    (b) Minimum Standards for Pools and Spas.--In promulgating 
recommended minimum State law standards for swimming pools and spas 
under subsection (a), the Commission, at a minimum, shall require 
that--
            (1) any outdoor swimming pool or spa is enclosed by an 
        appropriate fence or other barrier;
            (2) any swimming pool or spa with a main drain is equipped, 
        at a minimum, with a drain cover that meets the requirements of 
        subsection (d)(2)(A); and
            (3) new pools with a main drain are equipped with at least 
        2 drains, or a single, unblockable drain, and drain covers that 
        meet the requirements of subsection (d)(2)(A).
    (c) Basic Access-Related Safety Devices and Equipment.--In 
promulgating the swimming pool and spa standard, the Commission shall 
require the following:
            (1) Barrier or fence.--A requirement that any outdoor 
        swimming pool is to be protected by a wall, fence, enclosure, 
        or other natural or constructed barrier that--
                    (A) entirely encloses the pool by at least a 4-foot 
                high wall, fence, enclosure, or other barrier (which 
                may include the wall or side of a residence or other 
                building, provided such wall or side of a building does 
                not contain a door or a window);
                    (B) has no opening (other than a gate as described 
                in subparagraph (D)) through which a spherical object 4 
                inches in diameter can pass;
                    (C) has horizontal components spaced not less than 
                36 inches apart measured vertically or placed on the 
                pool side of the wall, fence, enclosure, or barrier and 
                does not have any opening greater than 2 inches 
                measured horizontally (including wire mesh or chain 
                link fences that have a maximum mesh size of 2 inches 
                measured horizontally);
                    (D) has a gate that--
                            (i) is self-closing and self-latching; and
                            (ii) opens outward from the pool;
                    (E) does not contain openings, handholds, or 
                footholds accessible from the exterior side of the 
                enclosure that can be used to climb the wall, fence, 
                screen enclosure, or barrier; and
                    (F) has a clearance at the bottom of not more than 
                4 inches above the ground.
            (2) Above-ground pools.--A requirement that any swimming 
        pool that is an above-ground swimming pool--
                    (A) has exterior sides that are non-climbable and 
                are at least 4 feet high, at a minimum; and
                    (B) if it has an access ladder or steps, the ladder 
                or steps are removable without tools or able to be 
                secured with a latching device when the pool is not in 
                use.
            (3) Exemption.--In promulgating the swimming pool and spa 
        safety standard, the Commission shall provide an exemption from 
        any such requirements for a hot tub, spa, or portable spa that 
        has a lockable cover that meets ASTM standard F1346 where such 
        cover is in place and locked when the hot tub, spa, or portable 
        spa is not in use.
    (d) Entrapment, Entanglement, and Evisceration Prevention 
Standards.--In promulgating the swimming pool and spa standard, the 
Commission shall require, at a minimum, the following:
            (1) New pools.--For new swimming pools constructed with a 
        main drain, a requirement that any such pool be equipped with--
                    (A) a drain system that contains at least a single, 
                unblockable drain, or 2 suction outlets per pump, 
                placed at least 3 feet apart or located on 2 different 
                planes or surfaces, that prevent any single drain from 
                becoming the sole inlet to the suction side of the 
                pump; or
                    (B) any other swimming pool drainage system that 
                meets the standards of the American National Standards 
                Institute (as published by the American Society of 
                Mechanical Engineers) or the American Society for 
                Testing and Materials.
            (2) All pools.--For all swimming pools, regardless of when 
        constructed, a requirement that, unless the pool is constructed 
        without a main drain, the pool be equipped with--
                    (A) a suction outlet drain cover that meets ANSI/
                ASME standard A112.19.8M, is permanently marked with a 
                maximum flow rating, and is anchored with non-corrosive 
                fasteners, unless the drain is a single, unblockable 
                drain; and
                    (B) 1 or more of the following:
                            (i) A safety vacuum release system which 
                        ceases operation of the pump, reverses the 
                        circulation flow, or otherwise provides a 
                        vacuum release at a suction outlet when a 
                        blockage is detected, that has been tested by 
                        an independent third party and found to conform 
                        to ANSI/ASME standard A112.19.17 or ASTM 
                        standard F2387.
                            (ii) A suction-limiting vent system with a 
                        tamper-resistant atmospheric opening.
                            (iii) A gravity drainage system that 
                        utilizes a collector tank.
                            (iv) Any other system that meets the 
                        standards of the American National Standards 
                        Institute (as published by the American Society 
                        of Mechanical Engineers) or the American 
                        Society for Testing and Materials.

SEC. 4. STATE SWIMMING POOL SAFETY GRANT PROGRAM.

    (a) In General.--Subject to the availability of appropriations 
authorized by subsection (e), the Commission shall establish a grant 
program to provide assistance to States in hiring and training State 
and local government employees in implementing and enforcing State 
swimming pool safety standards enacted by the State, educating the 
public about swimming pool and spa safety related to their use by 
children, and administering swimming pool and spa safety programs.
    (b) Eligibility.--To be eligible for a grant under the program, a 
State shall--
            (1) demonstrate to the satisfaction of the Commission that 
        it has a State statute, or that, after the date of enactment of 
        this Act, it has enacted a statute, or amended an existing 
        statute, and provides for the enforcement of, a law that--
                    (A) applies to all swimming pools in the State; and
                    (B) meets the minimum recommended swimming pool and 
                spa safety standards promulgated by the Commission 
                under section 3; and
            (2) submit an application to the Commission at such time, 
        in such form, and containing such additional information as the 
        Commission may require.
    (c) Amount of Grant.--The Commission shall determine the amount of 
a grant awarded under this Act, and shall consider the population and 
relative enforcement needs of each qualifying State in awarding grants.
    (d) Use of Grant Funds.--A State receiving a grant under this 
section shall use--
            (1) at least 50 percent of amount made available to hire 
        and train enforcement personnel for implementation and 
        enforcement of standards under the State swimming pool and spa 
        safety law; and
            (2) the remainder--
                    (A) to educate pool owners and operators about the 
                standards under the swimming pool and spa safety law 
                and to educate such owners and operators and the 
                general public about the prevention of children from 
                drowning and entrapment in swimming pools and spas; and
                    (B) to educate pool construction and installation 
                companies and pool service companies about the 
                standards.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission for each of fiscal years 2008 through 
2012 $10,000,000 to carry out this section.

SEC. 5. NATIONAL EDUCATION PROGRAM.

    (a) In General.--The Commission shall establish and carry out a 
national education program to inform the public of methods to prevent 
drowning and entrapment in swimming pools and spas. In carrying out the 
program, the Commission shall develop--
            (1) educational materials designed for pool manufacturers, 
        pool service companies, and pool supply retail outlets;
            (2) educational materials designed for pool owners and 
        operators; and
            (3) a national media campaign to promote awareness of pool 
        and spa safety and drowning prevention.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission for each of fiscal years 2008 through 
2012 $5,000,000 to carry out the education program authorized by 
subsection (a).

SEC. 6. DEFINITIONS.

    In this Act:
            (1) ANSI/ASME standard.--The term ``ANSI/ASME standard'' 
        means a safety standard accredited by the American National 
        Standards Institute and published by the American Society of 
        Mechanical Engineers.
            (2) ASTM standard.--The term ``ASTM standard'' means a 
        safety standard issued by ASTM International, formerly known as 
        the American Society for Testing and Materials.
            (3) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
            (4) New pool.--The term ``new pool'' means any pool 
        constructed more than 180 days after the effective date of a 
        State statute enacted or amended after the date of enactment of 
        this Act to establish State minimum swimming pool and spa 
        safety standards that meet the recommended standards 
        promulgated by the Commission under section 3.
            (5) Safety vacuum release system.--The term ``safety vacuum 
        release system'' means a vacuum release system capable of 
        providing vacuum release at a suction outlet caused by a high 
        vacuum occurrence due to a suction outlet flow blockage.
            (6) Single, unblockable drain.--The term ``single, 
        unblockable drain'' means a drain of any size and shape that a 
        human body cannot sufficiently block to create a suction 
        entrapment hazard.
            (7) Suction outlet drain cover.--The term ``suction outlet 
        drain cover'' means a drain cover which is designed to help 
        prevent mechanical, body and hair entrapment and evisceration.
            (8) Swimming pool; spa.--The term ``swimming pool'' or 
        ``spa'' means any outdoor or indoor structure intended for 
        swimming or recreational bathing, including in-ground and 
        above-ground structures, and includes hot tubs, spas, portable 
        spas, and non-portable wading pools.

SEC. 7. CPSC REPORTS.

    (a) Rulemaking Progress.--The Commission shall report to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Energy and Commerce within 1 year after 
the date of enactment of this Act on its progress toward issuing a 
final rule under section 3. The Commission shall include in the report 
an explanation of its reason for recommending certain standards or 
safety devices over other, alternative standards or safety devices.
    (b) Efficacy of Grant Program.--Within 1 year after the close of 
each fiscal year for which grants are made under section 4, the 
Commission shall submit a report to the Congress evaluating the 
effectiveness of the grant program authorized by that section.
                                 <all>