[Congressional Record Volume 152, Number 135 (Friday, December 8, 2006)]
[House]
[Pages H9200-H9202]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        POOL AND SPA SAFETY ACT

  Mr. BARTON of Texas. Mr. Speaker, I move to suspend the rules and 
pass the Senate bill (S. 3718) 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.
  The Clerk read as follows

                                S. 3718

       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. 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

[[Page H9201]]

     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

[[Page H9202]]

     the Congress evaluating the effectiveness of the grant 
     program authorized by that section.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Barton) and the gentlewoman from Florida (Ms. Wasserman 
Schultz) each will control 20 minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. BARTON of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support tonight of S. 3718, the Pool and Spa 
Safety Act that has come to this body with the help and the leadership 
of the gentleman from Virginia (Mr. Wolf), the gentlewoman from Florida 
(Ms. Wasserman Schultz), and Senator George Allen of Virginia.
  This legislation, if the House and Senate pass it this evening, will 
help to ensure that backyard pools will no longer present an unexpected 
danger to American children and families.
  I urge my colleagues to support this bill. I would point out to my 
Republican colleagues, there are no Federal mandates in this bill. 
There is a consumer product safety standard that would require new pool 
drain covers that are sold or entered into commerce and installed 1 
year after date of enactment of this bill to meet certain safety 
standards. So there is a safety standard in the bill that is not in 
current law, but in terms of any mandates on swimming pools that are 
already in existence, there are no Federal mandates in this piece of 
legislation. I urge passage of the bill.
  Mr. Speaker, I reserve the balance of my time.
  Ms. WASSERMAN SCHULTZ. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I appreciate the gentleman from Texas's support and want 
to describe the legislation and tell Members that drowning is the 
second leading cause of accidental childhood deaths by injury in the 
United States. It is the number one killer of children under 5 years of 
age in America, and the number two killer of children under 14 years of 
age.
  Mr. Speaker, 335 children across the Nation drowned in swimming pools 
or spas in 2002. That is 335 lives that were cut very short because we 
did not act quickly enough to address this problem.
  This legislation is named in memory of Secretary of State James A. 
Baker's granddaughter, 7-year-old Graeme, who drowned in a spa 
entrapment accident a number of years ago.
  Graeme and the roughly 300 children that died that year due to drain 
entrapment would be with us today if this commonsense legislation had 
been law.
  The pool and spa safety legislation we are considering will encourage 
States to pass laws that prevent the tragic and preventable loss of 
children to accidental drowning.
  This legislation provides Federal incentives, not mandates, as the 
gentleman from Texas indicated, for States, and provides layers of 
protection and puts obstacles in the path of a child when supervision 
lapses.
  We all know when it comes to making sure that children don't drown in 
swimming pools that supervision is paramount. But as any parent can 
tell you, and I am a parent of three, we all know that supervision does 
lapse. Every year each of us across the country, each of us in our own 
districts, hear news reports and read the newspaper about tragic 
incidents that occur in swimming pools year after year.
  Mr. Speaker, 65 percent of the drownings that occur in swimming pools 
occur when a child wanders out the back door of home they are in and 
drowns in the pool in the backyard; 35 percent of the drownings take 
place when a child from a neighbor's yard comes into the yard a couple 
of doors down and drowns in the pool. This is a tragedy that can happen 
in an instant.
  When it comes to suction drain entrapment accidents, what happens is 
young children are actually pulled under because the suction from a 
single drain in a spa is so strong that the strength of several men 
cannot even pull the child off the drain. Children have been 
disemboweled. There are children that because we don't have dual drains 
or spa drain covers, which this bill would incentivize, there are 
children drowning needlessly.
  We have to make sure that we put obstacles in the path of children 
when, through no fault of their own, supervision lapses. I urge Members 
to vote to protect children from drowning and pass the Graeme Baker 
Pool and Spa Safety Act.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. BARTON of Texas. Mr. Speaker, I yield myself the balance of my 
time.
  Mr. Speaker, in closing, this is a good piece of legislation. I have 
a 15-month-old son, Jack Kevin Barton. We have a hot tub in our back 
yard in Arlington, Texas. We keep it covered at all times unless one of 
the family is actually using it.
  This type of legislation if passed and implemented will make it much 
more difficult for small children who are unattended and wander out and 
get into these pools and spas and drown because they are not as safe as 
they could be. I hope that the House will unanimously pass the 
legislation.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. Barton) that the House suspend the rules and 
pass the Senate bill, S. 3718.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those voting have responded in the affirmative.
  Mr. WESTMORELAND. Mr. Speaker, I object to the vote on the ground 
that a quorum is not present and make the point of order that a quorum 
is not present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.
  The point of no quorum is considered withdrawn.