[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1771 Reported in Senate (RS)]

                                                       Calendar No. 381
110th CONGRESS
  1st Session
                                S. 1771

                          [Report No. 110-182]

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, to educate the public about pool and spa safety, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 11, 2007

  Mr. Pryor (for himself, Mr. Dodd, Mr. Stevens, Mrs. Hutchison, Ms. 
  Klobuchar, Mr. Warner, Mr. Durbin, Mr. McCain, Mr. Coleman, and Mr. 
Kerry) introduced the following bill; which was read twice and referred 
       to the Committee on Commerce, Science, and Transportation

                           September 20, 2007

                Reported by Mr. Inouye, with amendments
  [Omit the part struck through 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, 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.

    This Act may be cited as the ``Virginia Graeme Baker Pool and Spa 
Safety Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Of injury-related deaths, drowning is the second 
        leading cause of death in children aged 1 to 14 in the United 
        States.
            (2) In 2004, 761 children aged 14 and under died as a 
        result of unintentional drowning.
            (3) Adult supervision at all aquatic venues is a critical 
        safety factor in preventing children from drowning.
            (4) 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. DEFINITIONS.

    In this Act:
            (1) ASME/ANSI.--The term ``ASME/ANSI'' as applied to a 
        safety standard means such a standard that is accredited by the 
        American National Standards Institute and published by the 
        American Society of Mechanical Engineers.
            (2) 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.
            (3) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
            (4) 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.
            (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) 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.
            (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.

SEC. 4. FEDERAL SWIMMING POOL AND SPA DRAIN COVER STANDARD.

    (a) Consumer Product Safety Rule.--The requirements described in 
subsection (b) shall be treated as a consumer product safety rule 
issued by the Consumer Product Safety Commission under the Consumer 
Product Safety Act (15 U.S.C. 2051 et seq.).
    (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 such swimming pool or drain cover.
    (c) Public Pools.--
            (1) In general.--Beginning 1 year after the date of 
        enactment of this Act, each public pool and spa in the United 
        States shall be equipped with devices or systems designed to 
        prevent entrapment by pool or spa drains that comply with the 
        ASME/ANSI A112.19.8 performance standard, or any successor 
        standard.
            (2) Public pool and spa defined.--In this subsection, the 
        term ``public pool and spa'' means a swimming pool or spa that 
        is--
                    (A) open to the public generally, whether for a fee 
                or free of charge;
                    (B) open exclusively to--
                            (i) members of an organization and their 
                        guests;
                            (ii) residents of a multi-unit apartment 
                        building, apartment complex, residential real 
                        estate development, or other multi-family 
                        residential area (other than a municipality, 
                        township, or other local government 
                        jurisdiction); or
                            (iii) patrons of a hotel or other public 
                        accommodations facility; or
                    (C) operated by the Federal Government (or by a 
                concessionaire on behalf of the Federal Government) for 
                the benefit of members of the Armed Forces and their 
                dependents or employees of any department or agency and 
                their dependents.
            (3) Enforcement.--Violation of paragraph (1) shall be 
        considered to be a violation of section 19(a)(1) of the 
        Consumer Product Safety Act (15 U.S.C. 2068(a)(1)) and may also 
        be enforced under section 17 of that Act (15 U.S.C. 2066).

SEC. 5. 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 6(a)(1)(A)(i), 
                applies to all swimming pools in the State; and
                    (B) meets the minimum State law requirements of 
                section 6; 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 amounts 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 2009 and 2010 
$2,000,000 to carry out this section, such sums to remain available 
until expended. Any amounts appropriated pursuant to this subsection 
that remain unexpended and unobligated at the end of fiscal year 2010 
shall be retained by the Commission and credited to the appropriations 
account that funds enforcement of the Consumer Product Safety Act.

SEC. 6. 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 outdoor 
                        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 the enactment of such 
                        statute have--
                                    (I) more than 1 drain;
                                    (II) 1 or more unblockable drains; 
                                or
                                    (III) no main drain; <DELETED>and
                        </DELETED>    (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 4; and
                            (v) that periodic notification is provided 
                        to owners of residential swimming pools or spas 
                        about compliance with the entrapment protection 
                        standards of the ASME/ANSI A112.19.8 
                        performance standard, or any successor 
                        standard; 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) No liability inference associated with State 
        notification requirement.--The minimum State law notification 
        requirement under paragraph (1)(A)(v) shall not be construed to 
        imply any liability on the part of a State related to that 
        requirement.
            <DELETED>(2) </DELETED>(3) 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 5 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 5 of 
                this Act.
            <DELETED>(3) </DELETED>(4) 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 
        or spa that is equipped with a self-closing, self-latching 
        device.
            (3) Doors.--Any door with direct access to the swimming 
        pool or spa 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 <DELETED>F2387. 
                </DELETED>F2387, or any successor standard.
                    (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. 7. 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 the fiscal years 2008 
through 2012 $5,000,000 to carry out the education program authorized 
by subsection (a).

SEC. 8. CPSC REPORT.

    Not later than 1 year after the last day of each fiscal year for 
which grants are made under section 5, the Commission shall submit to 
Congress a report evaluating the <DELETED>effectiveness 
</DELETED>implementation of the grant program authorized by that 
section.
                                                       Calendar No. 381

110th CONGRESS

  1st Session

                                S. 1771

                          [Report No. 110-182]

_______________________________________________________________________

                                 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, to educate the public about pool and spa safety, and for other 
                               purposes.

_______________________________________________________________________

                           September 20, 2007

                        Reported with amendments