[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3718 Reported in Senate (RS)]


                                                       Calendar No. 654
109th CONGRESS
  2d Session
                                S. 3718

                          [Report No. 109-357]

To increase the safety of swimming pools and spas by requiring the use 
   of proper anti-entrapment drain covers and pool and spa drainage 
     systems, 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 and to educate the 
       public about pool and spa safety, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 24, 2006

  Mr. Allen (for himself, Mr. Stevens, Mr. DeWine, Mr. Dodd, and Mr. 
    Durbin) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                           September 29, 2006

               Reported by Mr. Stevens, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To increase the safety of swimming pools and spas by requiring the use 
   of proper anti-entrapment drain covers and pool and spa drainage 
     systems, 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 and 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

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

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Federal swimming pool and spa safety requirements.
<DELETED>Sec. 4. Recommended State law standards.
<DELETED>Sec. 5. State swimming pool safety grant program.
<DELETED>Sec. 6. Education program.
<DELETED>Sec. 7. Definitions.
<DELETED>Sec. 8. CPSC reports.

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    The Congress finds that--</DELETED>
        <DELETED>    (1) of injury-related deaths, 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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) in 2003, 782 children ages 14 and under died 
        as a result of unintentional drowning;</DELETED>
        <DELETED>    (4) adult supervision at all aquatic venues is a 
        critical safety factor in preventing children from drowning; 
        and</DELETED>
        <DELETED>    (5) 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.</DELETED>

<DELETED>SEC. 3. FEDERAL SWIMMING POOL AND SPA SAFETY 
              REQUIREMENTS.</DELETED>

<DELETED>    (a) All Pools and Spas.--</DELETED>
        <DELETED>    (1) In general.--Every swimming pool and spa in 
        the United States that has a main drain, other than an 
        unblockable drain, shall be equipped with a drain cover that 
        meets the ASME/ANSI A112.19.8M performance standard, or any 
        successor ASME/ANSI standard.</DELETED>
        <DELETED>    (2) Effective date.--This subsection shall take 
        effect 1 year after the date of enactment of this 
        Act.</DELETED>
<DELETED>    (b) Pools and Spas Built After Date of Enactment.--Every 
swimming pool and spa built more than 1 year after the date of 
enactment of this Act shall have--</DELETED>
        <DELETED>    (1) more than 1 drain;</DELETED>
        <DELETED>    (2) 1 or more unblockable drains; or</DELETED>
        <DELETED>    (3) no main drain.</DELETED>
<DELETED>    (c) Enforcement.--This section may be enforced by State 
and local governments through building code inspectors, pool and spa 
safety inspections, or otherwise, and subject to the same penalties as 
would apply for violations of State or local laws in pari 
materia.</DELETED>
<DELETED>    (d) No Preemption.--Nothing in this section preempts or 
supersedes any State or local law, regulation, or other requirement 
that imposes additional or more stringent standards for swimming pools 
or spas except to the extent that compliance with such law, regulation, 
or other requirement would violate the requirements of subsection (a) 
or (b).</DELETED>

<DELETED>SEC. 4. RECOMMENDED STATE LAW STANDARDS.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) enclosure of the pool or spa by 
                barriers to entry that will effectively prevent small 
                children from gaining unsupervised and unfettered 
                access to the pool or spa; and</DELETED>
                <DELETED>    (B) devices and systems designed to 
                prevent entrapment of children by pool or spa 
                drains.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Status of Standards.--</DELETED>
                <DELETED>    (A) In general.--The standards promulgated 
                by the Commission under this section--</DELETED>
                        <DELETED>    (i) shall be advisory in 
                        nature;</DELETED>
                        <DELETED>    (ii) shall not prevent the 
                        Commission from subsequently promulgating 
                        standards regulating pool and spa safety or 
                        from relying on an applicable national 
                        performance standard;</DELETED>
                        <DELETED>    (iii) shall not be promulgated as 
                        a consumer product safety rule; and</DELETED>
                        <DELETED>    (iv) shall be used by the 
                        Commission solely for the purpose of 
                        determining the eligibility of a State for a 
                        grant under section 5 of this Act.</DELETED>
                <DELETED>    (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 5 of this 
                Act.</DELETED>
        <DELETED>    (4) Standards to reflect national performance 
        standards and commission guidelines.--In promulgating standards 
        under this Act, the Commission shall--</DELETED>
                <DELETED>    (A) consider current or revised national 
                performance standards on pool and spa barrier 
                protection and entrapment prevention; and</DELETED>
                <DELETED>    (B) ensure that any standards promulgated 
                under this Act are consistent with the guidelines 
                contained in the Commission's publication 362, entitled 
                ``Safety Barrier Guidelines for Home Pools'', the 
                Commission's publication entitled ``Guidelines for 
                Entrapment Hazards: Making Pools and Spas Safer'', and 
                any other pool safety guidelines established by the 
                Commission.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) any outdoor swimming pool or spa is enclosed 
        by an appropriate fence or other barrier (which may be an 
        exterior wall of a residence or other structure); and</DELETED>
        <DELETED>    (2) any swimming pool or spa with a main drain is 
        equipped, at a minimum, with at least 1 of the anti-entrapment 
        devices described in subsection (d).</DELETED>
<DELETED>    (c) Basic Access-Related Safety Devices and Equipment To 
Be Considered.--In promulgating the swimming pool and spa standard, the 
Commission shall consider the following options:</DELETED>
        <DELETED>    (1) Barriers.--A wall, fence, enclosure, or 
        barrier between the swimming pool and the portion of the 
        building that forms part of the enclosure.</DELETED>
        <DELETED>    (2) Covers.--A safety pool cover.</DELETED>
        <DELETED>    (3) Gates.--A gate with direct access to the 
        swimming pool that is equipped with a self-closing, self-
        latching device.</DELETED>
        <DELETED>    (4) Doors.--Any door with direct access to the 
        swimming pool that is equipped with an audible alert device or 
        alarm which sounds when the door is opened.</DELETED>
<DELETED>    (d) Entrapment, Entanglement, and Evisceration Prevention 
Standards To Be Required.--In promulgating the swimming pool and spa 
standard, the Commission shall require, at a minimum, 1 or more of the 
following (except for pools constructed without a main 
drain):</DELETED>
        <DELETED>    (1) Safety vacuum release system.--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 
        ASME/ANSI standard A112.19.17 or ASTM standard F2387.</DELETED>
        <DELETED>    (2) Suction-limiting vent system.--A suction-
        limiting vent system with a tamper-resistant atmospheric 
        opening.</DELETED>
        <DELETED>    (3) Gravity drainage system.--A gravity drainage 
        system that utilizes a collector tank.</DELETED>
        <DELETED>    (4) Automatic pump shut-off system.--An automatic 
        pump shut-off system.</DELETED>
        <DELETED>    (5) Drain disablement.--A device or system that 
        disables the drain.</DELETED>
        <DELETED>    (6) Other systems.--Any other system determined by 
        the Commission to be equally effective as, or better than, the 
        systems described in paragraphs (1) through (5) of this 
        subsection at preventing or eliminating the risk of injury or 
        death for children associated with pool drainage 
        systems.</DELETED>

<DELETED>SEC. 5. STATE SWIMMING POOL SAFETY GRANT PROGRAM.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Eligibility.--To be eligible for a grant under the 
program, a State shall--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) applies to all swimming pools in the 
                State; and</DELETED>
                <DELETED>    (B) meets the minimum recommended swimming 
                pool and spa safety standards promulgated by the 
                Commission under section 4; and</DELETED>
        <DELETED>    (2) submit an application to the Commission at 
        such time, in such form, and containing such additional 
        information as the Commission may require.</DELETED>
<DELETED>    (c) Amount of Grant.--The Commission shall determine the 
amount of a grant awarded under this Act, and shall consider--
</DELETED>
        <DELETED>    (1) the population and relative enforcement needs 
        of each qualifying State; and</DELETED>
        <DELETED>    (2) allocation of grant funds in a manner designed 
        to provide the maximum benefit from the program in terms of 
        protecting children from drowning or entrapment.</DELETED>
<DELETED>    (d) Use of Grant Funds.--A State receiving a grant under 
this section shall use--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) the remainder--</DELETED>
                <DELETED>    (A) to educate pool construction and 
                installation companies and pool service companies about 
                the standards;</DELETED>
                <DELETED>    (B) to educate pool owners, pool 
                operators, and other members of the public about the 
                standards under the swimming pool and spa safety law 
                and about the prevention of children using swimming 
                pools and spas from drowning or becoming entrapped; 
                and</DELETED>
                <DELETED>    (C) to defray administrative costs 
                associated with such training and education 
                programs.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 6. EDUCATION PROGRAM.</DELETED>

<DELETED>    (a) In General.--The Commission shall establish and carry 
out an 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--</DELETED>
        <DELETED>    (1) educational materials designed for pool 
        manufacturers, pool service companies, and pool supply retail 
        outlets;</DELETED>
        <DELETED>    (2) educational materials designed for pool owners 
        and operators; and</DELETED>
        <DELETED>    (3) a national media campaign to promote awareness 
        of pool and spa safety.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 7. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) ASME/ANSI standard.--The term ``ASME/ANSI 
        standard'' means a safety standard accredited by the American 
        National Standards Institute and published by the American 
        Society of Mechanical Engineers.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Barrier.--The term ``barrier'' includes a 
        natural or constructed topographical feature that prevents 
        unpermitted access to a swimming pool, and, with respect to a 
        hot tub, a lockable cover.</DELETED>
        <DELETED>    (4) Commission.--The term ``Commission'' means the 
        Consumer Product Safety Commission.</DELETED>
        <DELETED>    (5) Main drain.--The term ``main drain'' means a 
        submerged suction outlet typically located at the bottom of a 
        pool or spa to conduct water to a re-circulating 
        pump.</DELETED>
        <DELETED>    (6) New pool.--The term ``new pool'' means a 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 4.</DELETED>
        <DELETED>    (7) 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.</DELETED>
        <DELETED>    (8) Unblockable drain.--The term ``unblockable 
        drain'' means a drain of any size and shape that a human body 
        cannot sufficiently block to create a suction entrapment 
        hazard.</DELETED>
        <DELETED>    (9) 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.</DELETED>
        <DELETED>    (10) 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.</DELETED>

<DELETED>SEC. 8. CPSC REPORTS.</DELETED>

<DELETED>    (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 4. The Commission shall include in the 
report an explanation of its reason for recommending certain standards 
over other, alternative standards.</DELETED>
<DELETED>    (b) Efficacy of Grant Program.--Within 1 year after the 
close of each fiscal year for which grants are made under section 5, 
the Commission shall submit a report to the Congress evaluating the 
effectiveness of the grant program authorized by that 
section.</DELETED>

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. Federal swimming pool and spa drain cover standard.
Sec. 4. State swimming pool safety grant program.
Sec. 5. Minimum State law requirements.
Sec. 6. Education program.
Sec. 7. Definitions.
Sec. 8. CPSC report.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) of injury-related deaths, drowning is the second 
        leading cause of death in children aged 1 to 14 in the United 
        States;
            (2) many children die due to pool and spa drowning and 
        entrapment, such as Virginia Graeme Baker, who at age 7 drowned 
        by entrapment in a residential spa;
            (3) in 2003, 782 children ages 14 and under died as a 
        result of unintentional drowning;
            (4) adult supervision at all aquatic venues is a critical 
        safety factor in preventing children from drowning; and
            (5) 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. FEDERAL SWIMMING POOL AND SPA DRAIN COVER STANDARD.

    (a) Consumer Product Safety Rule.--The provisions of subsection (b) 
shall be considered to be a consumer product safety rule issued by the 
Consumer Product Safety Commission under section 9 of the Consumer 
Product Safety Act (15 U.S.C. 2058).
    (b) Drain Cover Standard.--Effective 1 year after the date of 
enactment of this Act, each swimming pool or spa drain cover 
manufactured, distributed, or entered into commerce in the United 
States shall conform to the entrapment protection standards of the 
ASME/ANSI A112.19.8 performance standard, or any successor standard 
regulating the same.

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 eligible States.
    (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) except as provided in section 5(a)(1)(A)(i), 
                applies to all swimming pools in the State; and
                    (B) meets the minimum State law requirements of 
                section 5; 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--
            (1) the population and relative enforcement needs of each 
        qualifying State; and
            (2) allocation of grant funds in a manner designed to 
        provide the maximum benefit from the program in terms of 
        protecting children from drowning or entrapment, and, in making 
        that allocation, shall give priority to States that have not 
        received a grant under this Act in a preceding fiscal year.
    (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 construction and installation 
                companies and pool service companies about the 
                standards;
                    (B) to educate pool owners, pool operators, and 
                other members of the public about the standards under 
                the swimming pool and spa safety law and about the 
                prevention of drowning or entrapment of children using 
                swimming pools and spas; and
                    (C) to defray administrative costs associated with 
                such training and education programs.
    (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, such sums to remain 
available until expended.

SEC. 5. MINIMUM STATE LAW REQUIREMENTS.

    (a) In General.--
            (1) Safety Standards.--A State meets the minimum State law 
        requirements of this section if--
                    (A) the State requires by statute--
                            (i) the enclosure of all residential pools 
                        and spas by barriers to entry that will 
                        effectively prevent small children from gaining 
                        unsupervised and unfettered access to the pool 
                        or spa;
                            (ii) that all pools and spas be equipped 
                        with devices and systems designed to prevent 
                        entrapment by pool or spa drains;
                            (iii) that pools and spas built more than 1 
                        year after the date of enactment of such 
                        statute have--
                                    (I) more than 1 drain;
                                    (II) 1 or more unblockable drains; 
                                or
                                    (III) no main drain; and
                            (iv) every swimming pool and spa that has a 
                        main drain, other than an unblockable drain, be 
                        equipped with a drain cover that meets the 
                        consumer product safety standard established by 
                        section 3; and
                    (B) the State meets such additional State law 
                requirements for pools and spas as the Commission may 
                establish after public notice and a 30-day public 
                comment period.
            (2) Use of minimum State law requirements.--The 
        Commission--
                    (A) shall use the minimum State law requirements 
                under paragraph (1) solely for the purpose of 
                determining the eligibility of a State for a grant 
                under section 4 of this Act; and
                    (B) may not enforce any requirement under paragraph 
                (1) except for the purpose of determining the 
                eligibility of a State for a grant under section 4 of 
                this Act.
            (3) Requirements to reflect national performance standards 
        and commission guidelines.--In establishing minimum State law 
        requirements under paragraph (1), the Commission shall--
                    (A) consider current or revised national 
                performance standards on pool and spa barrier 
                protection and entrapment prevention; and
                    (B) ensure that any such requirements are 
                consistent with the guidelines contained in the 
                Commission's publication 362, entitled ``Safety Barrier 
                Guidelines for Home Pools'', the Commission's 
                publication entitled ``Guidelines for Entrapment 
                Hazards: Making Pools and Spas Safer'', and any other 
                pool safety guidelines established by the Commission.
    (b) Standards.--Nothing in this section prevents the Commission 
from promulgating standards regulating pool and spa safety or from 
relying on an applicable national performance standard.
    (c) Basic Access-related Safety Devices and Equipment Requirements 
To Be Considered.--In establishing minimum State law requirements for 
swimming pools and spas under subsection (a)(1), the Commission shall 
consider the following requirements:
            (1) Covers.--A safety pool cover.
            (2) Gates.--A gate with direct access to the swimming pool 
        that is equipped with a self-closing, self-latching device.
            (3) Doors.--Any door with direct access to the swimming 
        pool that is equipped with an audible alert device or alarm 
        which sounds when the door is opened.
            (4) Pool alarm.--A device designed to provide rapid 
        detection of an entry into the water of a swimming pool or spa.
    (d) Entrapment, Entanglement, and Evisceration Prevention Standards 
To Be Required.--
            (1) In general.--In establishing additional minimum State 
        law requirements for swimming pools and spas under subsection 
        (a)(1), the Commission shall require, at a minimum, 1 or more 
        of the following (except for pools constructed without a single 
        main drain):
                    (A) Safety vacuum release system.--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 ASME/ANSI standard 
                A112.19.17 or ASTM standard F2387.
                    (B) Suction-limiting vent system.--A suction-
                limiting vent system with a tamper-resistant 
                atmospheric opening.
                    (C) Gravity drainage system.--A gravity drainage 
                system that utilizes a collector tank.
                    (D) Automatic pump shut-off system.--An automatic 
                pump shut-off system.
                    (E) Drain disablement.--A device or system that 
                disables the drain.
                    (F) Other systems.--Any other system determined by 
                the Commission to be equally effective as, or better 
                than, the systems described in subparagraphs (A) 
                through (E) of this paragraph at preventing or 
                eliminating the risk of injury or death associated with 
                pool drainage systems.
            (2) Applicable standards.--Any device or system described 
        in subparagraphs (B) through (E) of paragraph (1) shall meet 
        the requirements of any ASME/ANSI or ASTM performance standard 
        if there is such a standard for such a device or system, or any 
        applicable consumer product safety standard.

SEC. 6. EDUCATION PROGRAM.

    (a) In General.--The Commission shall establish and carry out an 
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.
    (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. 7. DEFINITIONS.

    In this Act:
            (1) ASME/ANSI standard.--The term ``ASME/ANSI 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) Barrier.--The term ``barrier'' includes a natural or 
        constructed topographical feature that prevents unpermitted 
        access by children to a swimming pool, and, with respect to a 
        hot tub, a lockable cover.
            (4) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
            (5) Main drain.--The term ``main drain'' means a submerged 
        suction outlet typically located at the bottom of a pool or spa 
        to conduct water to a re-circulating pump.
            (6) 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.
            (7) Unblockable drain.--The term ``unblockable drain'' 
        means a drain of any size and shape that a human body cannot 
        sufficiently block to create a suction entrapment hazard.
            (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. 8. CPSC REPORT.

    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.
                                                       Calendar No. 654

109th CONGRESS

  2d Session

                                S. 3718

                          [Report No. 109-357]

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                                 A BILL

To increase the safety of swimming pools and spas by requiring the use 
   of proper anti-entrapment drain covers and pool and spa drainage 
     systems, 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 and to educate the 
       public about pool and spa safety, and for other purposes.

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                           September 29, 2006

                       Reported with an amendment