[Congressional Record Volume 153, Number 110 (Wednesday, July 11, 2007)]
[Senate]
[Pages S9025-S9026]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. PRYOR (for himself, Mr. Dodd, Mr. Stevens, Mrs. Hutchison, 
        Ms. Klobuchar, Mr. Warner, Mr. Durbin, Mr. McCain, and Mr. 
        Coleman):
  S. 1771. 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; to the Committee on Commerce, Science, and 
Transportation.
  Mr. PRYOR. Mr. President, I ask unanimous consent that text of S. 
1771, the ``Virginia Graeme Baker Pool and Spa Safety Act,'' be printed 
in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1771

       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.

     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

[[Page S9026]]

     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.

     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 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; 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 4; 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 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.
       (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. 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 
     effectiveness of the grant program authorized by that 
     section.

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