[Congressional Record Volume 153, Number 152 (Tuesday, October 9, 2007)]
[House]
[Pages H11342-H11346]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT
Mr. RUSH. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 1721) 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,
as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1721
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 ``Virginia
Graeme Baker 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) there are approximately 260 drowning deaths of children
younger than age 5 each year in swimming pools, and an
estimated 2,725 children are treated annually in hospital
emergency rooms for pool submersion injuries, mostly in
residential pools;
(3) 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, and Preston de
Ibern, who at age 5 nearly drowned and was left permanently
brain damaged, finally succumbing to his catastrophic
healthcare issues when he was 12 years old;
(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.
(c) Revision of Rule.--If, after the enactment of this Act,
ANSI proposes to revise the entrapment protection
requirements of ASME/ANSI A112.19.8, ANSI shall notify the
Consumer Product Safety Commission of the proposed revision
and the proposed revision shall be incorporated in the
consumer product safety rule under subsection (a) unless,
within 60 days of such notice, the Commission notifies ANSI
that the Commission has determined that such revision does
not carry out the purposes of subsection (b).
(d) Implementing Regulations.--Section 553 of title 5,
United States Code, shall apply with respect to the issuance
of any regulations by the Consumer Product Safety Commission
to implement the requirements of this section, and sections 7
and 9 of the Consumer Product Safety Act shall not apply to
such issuance.
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, that 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
2009 through 2013 $5,000,000 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 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;
[[Page H11343]]
(iii) that pools and spas built more than 1 year after the
date of enactment of such statute have--
(I) more than 1 drain per circulation pump;
(II) 1 or more unblockable drains per circulation pump; 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) 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, spas, and
ornamental pools. 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;
(3) educational materials designed for ornamental pool
owners and operators, including municipalities; and
(4) 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'', with respect to a
swimming pool, means a fence, dwelling wall, or nondwelling
wall, or any combination thereof, which completely surrounds
the swimming pool and obstructs access to the swimming pool,
especially access from the residence or from the yard outside
the barrier. In the case where a wall of a dwelling that
contains a door or window serves as part of the barrier, all
doors and windows providing direct access from the home to
the pool must be equipped with an exit alarm that has a
minimum sound pressure rating of 85 dB A at 10 feet. Alarms
should meet the requirements of UL 2017 General-Purpose
Signaling Devices and Systems, section 77. All doors
providing direct access from the home to the pool must be
equipped with a self-closing, self-latching device with a
release mechanism placed no lower than 54 inches above the
floor. The term ``barrier'' means, with respect to a portable
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) Ornamental pool.--The term ``ornamental pool'' means a
man-made structure designed to contain water such as a
decorative fountain or reflecting pool in the ground,
partially in the ground, or in a building, intended primarily
for aesthetic value and not intended for swimming or wading.
(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.
(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.
(9) 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. Rush) and the gentleman from Florida (Mr. Stearns) each
will control 20 minutes.
The Chair recognizes the gentleman from Illinois.
General Leave
Mr. RUSH. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. RUSH. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the fourth and final consumer protection bill on the
floor today is H.R. 1721, the Virginia Graeme Baker Pool and Spa Safety
Act, introduced by Congresswoman Debbie Wasserman Schultz and
Congressman Frank Wolf.
H.R. 1721 requires pools and spa drains with specified anti-
entrapment standards, establishes a CPSC-administered grant program to
encourage the States to enact pool and spa safety reforms, and develops
a national drowning prevention education program.
Given the numerous tragic and preventable deaths of young children
who have drowned in swimming pools, fountains and spas as a result of
faulty drains, this bill is overdue and worthy of passage under the
suspension of the rules.
The bill is named after Virginia Graeme Baker, the beautiful little
girl whose tragic death drove her mother, Nancy Baker, to tirelessly
fight for this legislation.
As amended in the subcommittee, H.R. 1721 requires a specified
barrier around residential pools and imposes security and safety
requirements on the home, such as self-closing, self-latching doors in
order to qualify for Federal funds. Moreover, the bill authorizes an
annual appropriation of $5 million over 5 years. At the subcommittee
level, we chose this level of funding because of the simple reality
that the Consumer Product Safety Commission has experienced with grant
programs, and the Commission's overall budget currently is only $67
[[Page H11344]]
million. As such, we want to ensure that this program is run
effectively and does not overshadow the other worthy and equally
important programs under the watch of the CPSC.
This is another bipartisan, carefully crafted bill, and is yet
another example of the bipartisan cooperation we currently achieve in
the Subcommittee on Commerce, Trade and Consumer Protection.
I want to commend the majority and minority staff for working
together to produce thoughtful, quality pieces of legislation. And I
want to thank my friend from Florida, the ranking member of this
subcommittee, Mr. Stearns, for his continued bipartisan cooperation.
This bill, along with the three previous bills we have just
considered on the floor, is a good start, but there is more to be done
to reform the Consumer Product Safety Commission and its underlying
organic statute to protect American consumers.
The recent barrage of high-profile recalls of toys manufactured in
China highlights the need for Congress to decisively act and strengthen
our laws that protect our children from dangerous products. I am
currently working on a reform package that will do just that.
I hope that my colleague, Mr. Stearns, and I, along with Chairman
Dingell and Ranking Member Barton, can continue our cooperative effort
to produce a piece of legislation that we can proudly bring to the
House floor with the same bipartisan support exemplified by the bills
that we have on the floor today.
With that, I urge a resounding ``yes'' vote.
Mr. Speaker, I reserve the balance of my time.
Mr. STEARNS. Mr. Speaker, this bill, the Virginia Graeme Baker Pool
and Spa Safety Act, as the chairman mentioned, simply aims to prevent
tragic drowning and entrapment accidents that of course are entirely
preventable with the addition of some simple equipment at a modest
cost, I think we all agree. What we have here I believe is
significantly different and significantly improved over what was
initially referred to our committee. So, again, in a bipartisan
fashion, I think we've improved the bill. So I commend the chairman for
including some of the modifications that we suggested and some of the
modifications that came from his staff.
My colleagues, this legislation has two distinct components: one, it
adopts an industry standard on drain covers; and two, it establishes a
grant program administered by the Commission designed to provide
incentives to States to change their State laws regarding pool safety
demands. These incentives, through these grants, the States will change
their laws.
I fully support the intent of this measure, and I will, therefore,
support the drain cover standard. I would like to reiterate the concern
I expressed during consideration of the bill earlier, that of turning
voluntary industry standards into commission rules. Without repeating
what I said earlier on one of the previous bills, I again simply
caution my colleagues about the unintended precedents our actions today
may put in place.
Further, I would like to express my reservation about the pool safety
grant program and its effect on a States' rights to regulate property
and safety within its own borders. This piece of Federal legislation
mandates that States adopt specific safety standards and no other. Mr.
Speaker, there are 38 States with pool safety laws on the books today.
None of these States, my colleagues, including my home State of Florida
and the State of California, probably the two States with the most
swimming pools and the most stringent pool safety laws, will be
eligible for the $25 million in grant funds unless they change their
existing laws, making this essentially a 12-State grant program.
The laws mandated by this legislation are overly prescriptive and may
even weaken the safety laws of some States. Some of us may disagree on
this, but that's what we could possibly consider. Holding Federal tax
dollars over the heads of State lawmakers to urge them to change in
their States their laws to a proscribed standard may not have any
effect. We hope it does. If a State opts to change its laws, a change
will unfortunately and indiscriminately raise the cost of compliance
for all pool owners, regardless of whether they have children or not.
I note that the Commission itself expressed concern about the grant
program. The CPSC does not have experience in ministering any grant
program, and Mr. Speaker, it's not staffed to do so.
Now, notwithstanding those concerns that I have just expressed, I
voice my support for this bill today and for its author, Debbie
Wasserman Schultz, who did a very strong, persevering job on this. It
came through committee when I was chairman and we tried to make
changes. I appreciate her patience, and I look forward to supporting
her, and I commend her for her perseverance.
We are going to support the bill because it will undoubtedly improve
swimming pool safety by requiring that all drain covers sold in the
United States be made in accordance with standards to prevent
entrapment. This is very good. These horrific entrapment accidents are
entirely preventable. It is my hope that this legislation will result
in such prevention and avoidance.
Mr. Speaker, I reserve the balance of my time.
Mr. RUSH. Mr. Speaker, I am pleased to yield 5 minutes to the
coauthor of this outstanding piece of legislation, Ms. Wasserman
Schultz.
Ms. WASSERMAN SCHULTZ. Mr. Speaker, I rise in support of H.R. 1721,
the Virginia Graeme Baker Pool and Spa Safety Act. I want to
particularly thank Chairman Bobby Rush, the chairman of the
Subcommittee on Commerce, Trade and Consumer Protection, and Chairman
John Dingell of the Committee on Energy and Commerce, for their
incredible leadership and support on this legislation.
Additionally, I would like to thank Ranking Member Barton,
Congressman Wolf and Congressman Ramstad for their steadfast support of
this legislation, as well as Ranking Member Stearns, my fellow
Floridian. I also want to thank Safe Kids Worldwide for always being
such a wonderful resource as this legislation became a reality.
On June 15, 2002, the beautiful Graeme Baker, whose picture is in
front of me, attended a pool party with her entire family; her mother,
Nancy, and her four sisters. Everyone was having a great time swimming,
when all of a sudden one of Nancy's daughters came running to tell her
that Graeme was in the spa. Nancy ran to the edge of the spa, and all
she saw was dark and bubbling water. Her daughter, frantically crying
and pointing into the tub, insisted that Graeme was there. Nancy jumped
into the spa and saw Graeme with her eyes pinched closed, her hair and
limbs moving, with the current of water from all the jets on the side.
Graeme was entrapped by the powerful suction of the drain spa and could
not free herself. Nancy pulled and pulled with all her strength to help
her daughter. It eventually took the strength of two adults to free
Graeme from the spa. Sadly, it was too late; Graeme passed away in the
hospital that afternoon.
Following Graeme's death, Nancy and her father-in-law, former
Secretary of State James Baker, became and still are tireless advocates
for children's pool and spa safety.
When I met Nancy, I was immediately taken by her tragic story of the
loss of her daughter. As a fellow mother of twins, I was most affected
by Nancy's incredible desire to ensure that what happened to Graeme did
not happen to any other child. She has channeled all of her energy into
raising the issue of pool and spa safety to a national audience. Her
passion is an inspiration to me, and I am proud to sponsor this
legislation in her daughter's name.
The Baker family tragedy is a painful example of the need for
national pool and spa safety legislation. We must implement national
standards to replace the haphazard safety measures that allowed Graeme,
and hundreds of children like her, to be lost in such nightmare
scenarios.
I am a mother of three young children, and I have talked about them
on the floor many times relating to various pieces of legislation. And
as any mother of young children will tell you, supervision does lapse.
Supervision, when children are around water, is imperative. But as a
mom of twins, as a mom of a 4-year-old, I can tell you that
[[Page H11345]]
there are times when even the best parent, even the most vigilant
parent lets a child slip out from under their view and they
accidentally fall in the water. That has happened countless times.
Let me just tell you what most parents' view in a survey was of
supervising their children around water. While 94 percent of people
report that they always actively supervise their children while
swimming, closer examination indicates that parents often participate
in a variety of distracting behaviors. According to the American
Academy of Pediatrics, one in five parents believes that a lifeguard is
the main person responsible for supervising children in the water.
Lifeguards are a key safety measure, but they supervise an average of
25 swimmers per lifeguard. They also report that 55 percent of parents
thought there were circumstances in which it was okay for a child to
swim without a buddy. Within this category, 31 percent said it was okay
to leave a child unsupervised if he or she swam with a buddy; 29
percent thought it was okay if the child was an excellent swimmer; 23
percent thought it was okay if the child had several years of swimming
lessons. I could stand here all day, and I would still not be able to
adequately emphasize that parents must adequately supervise their
children whenever they are in or near water.
{time} 1630
But we all know that supervision lapses. That is what this bill is
designed to do. It is designed to encourage States to adopt swimming
pool safety laws to ensure that suction drain entrapment, which occurs
when a child passes over a swimming pool drain that has suction so
strong that it holds them to the drain under water and either entangles
their hair or even disembowels the child, that we can prevent this.
Drowning is the second leading cause of preventable death in children 1
to 14 years old in this entire country. And even cold-weather States
have hundreds of drownings every single year.
We can stop this. We can encourage States through funding and through
education programs to adopt swimming pool and spa safety laws. I urge
the United States House of Representatives to adopt this legislation so
that we can make sure that we end or dramatically reduce, at the very
least, the likelihood of young children drowning needlessly in a
swimming pool or spa.
Mr. STEARNS. Mr. Speaker, I recognize the gentleman from Minnesota
(Mr. Ramstad) for 3 minutes.
Mr. RAMSTAD. I thank the ranking member for yielding.
Mr. Speaker, I rise today in strong support of H.R. 1721, the
Virginia Graeme Baker Pool and Spa Safety Act. I would like to thank my
colleague from Florida (Ms. Wasserman Schultz) for her incredible
efforts, her tireless leadership on this important legislation. But for
her efforts, this legislation wouldn't be on the floor before us today.
Mr. Speaker, this past July, a truly horrendous tragedy changed the
life of my young constituent forever. Eight-year-old Abigail Taylor was
swimming in a local club's swimming pool when she became entrapped by
the pool's drain system. This brave young girl, and her family, fought
with everything they had for her survival. She has now endured numerous
surgeries and is faced with permanent disabilities that no child should
ever have to suffer.
While it is too late to protect young Abigail Taylor from her cruel
debilitating injuries, it is not too late to protect millions of other
children who use swimming pools and spas. No child should ever be
disemboweled by a swimming pool drain.
Mr. Speaker, Members, that is what we are talking about here. That is
what happens to these children. They are disemboweled by the suction
from these swimming pool drains.
This important legislation will establish a new consumer product
safety standard, as has been explained previously by Mr. Rush, whose
leadership I also deeply appreciate, as well as Mr. Stearns and Ms.
Wasserman Schultz. The standards will require each swimming pool or spa
drain cover to conform to the entrapment protection standards of the
American National Standards Institute and the American Society of
Mechanical Engineers, obviously two organizations with direct
expertise. And these are very reasonable, not onerous, standards, very
reasonable standards for industry which will protect our children in
swimming pools.
Mr. Speaker, let me just conclude by saying one drain entrapment is
one too many. One precious little 8-year-old girl losing part of her
small intestine is too much suffering to comprehend. Too much suffering
to comprehend. It is time to take action to ensure our children are
protected when children are sent to swimming pools by their parents or
are there with their parents. Every parent should have a reasonable
probability, a reasonable belief that their children will be safe in
that pool. It is time to pass this critical legislation on behalf of
Abigail Taylor and the millions of children who deserve to be safe in
our pools. Let's pass this life-saving legislation without further
delay.
Mr. RUSH. Mr. Speaker, I reserve the balance of my time.
Mr. STEARNS. Mr. Speaker, I yield 4 minutes to the gentleman from
Texas, Dr. Burgess, a member of the Subcommittee on Commerce, Trade,
and Consumer Protection.
Mr. BURGESS. Mr. Speaker, I thank the gentleman for yielding. I thank
our committee chairman for bringing this bill to the floor and all the
people who have worked so hard on this legislation over the years.
Mr. Speaker, I am going to rise in support today of H.R. 1721, the
Virginia Graeme Baker Pool and Spa Safety Act. During the Commerce,
Trade and Consumer Protection Subcommittee markup, it occurred to me
because of some things that had happened back in my district that there
was an additional danger that was not being addressed in the hearings
we had leading up to this legislation. So during the subcommittee
process, I introduced an amendment that was inspired by the tragic
accident that occurred in an ornamental pool back in my district back
in Fort Worth, Texas. In June of 2004, three children and one adult
drowned at the Fort Worth Water Gardens: Myron Dukes, age 39; his
daughter, Lauren, age 8; his son, Christopher, 13; and a family friend,
Juanitrice Deadmon, age 11. On that tragic day, one child accidentally
fell into the ornamental pool and the other three jumped in trying to
save the child. Compounding the tragedy, the water was unusually deep
due to a recirculating pump malfunction and recent heavy rains.
Mr. Speaker, let me quote to you and the House from the Fort Worth
Star Telegram about that event. Fort Worth Star Telegram June 17, 2004:
``The victims were among the thousands of visitors attending the
National Baptist Congress at the Fort Worth Convention Center.
``The pastor, Gerald Dew, said he was told that the children went to
the Water Gardens to play because the swimming pool at the Fort Worth
Plaza Hotel where they were staying was closed for maintenance.
``One of the children slipped, which started a chain reaction.
``Bike patrol officer Tony Maldonado, who was one of the first
officers to arrive at the swimming pool, said he jumped in and the
force `literally sucked the socks off of my feet.' ''
From the Fort Worth Star Telegram 2004.
While this tragedy happened in Fort Worth, the visitors were from
Chicago and were constituents of my subcommittee chairman and friend,
Congressman Rush. I know that both of our cities, Fort Worth, Texas,
and Chicago, Illinois, grieved about this loss.
Mr. Speaker, let me quote to you from an online report from the CBS
affiliate in Chicago, Chicago.com, on the reopening of the Water
Gardens last spring. This is from March 20, 2007: ``The park of
artistic pools and fountains closed following the June 2004 drownings
of the four from Chicago, who were in Fort Worth for a religious
convention. Since then, more than $3 million in modifications to
improve the park's safety have been made.
` ``The renovations from the past month don't take away from the
mystique,' Mayor Michael Moncrief said during the ceremonies.
``Now, the depth of the Active Pool, where the drownings occurred,
has been restricted to less than 2 feet. Other renovations include new
pumps and pump system, switches, electrical
[[Page H11346]]
work, lights and additional handrails, as well as a larger and easier-
to-clean drain system around the park's perimeter.''
Mr. Speaker, as with many things in life, awareness and education can
save lives. And this disaster, this disaster that happened in my
district in Fort Worth, must not be repeated. More education regarding
the unseen dangers hidden in ornamental pools is necessary.
Mr. Speaker, almost every single community in this country has an
ornamental pool. We have quite a few here at the Capitol. While 36
States have pool safety programs, not all of these States have an
ornamental pool safety program, and therefore they likely do not
educate their constituency on the dangers that ornamental pools can
represent. Ornamental pools often greatly enhance communities, but they
can also pose a great threat to communities if the owners and operators
are not educated as to the potential danger.
Through my amendment in this bill, there will be a wider public
education campaign to alert consumers to the safety hazards associated
and the requirements for proper maintenance of ornamental pools. The
bill, which requires the use of proper anti-entrapment drain covers and
drainage systems, establishes a swimming pool safety grant program to
be administered by the Consumer Product Safety Commission.
This legislation also encourages States to strengthen pool and spa
safety laws and increase public education and outreach to consumers. I
believe the inclusions of ornamental pools in this bill is an important
component of this legislation.
Mr. Speaker, I urge my colleagues to support the bill.
Mr. WOLF. Mr. Speaker, I rise today in full support of H.R. 1721, the
Pool and Spa Safety Act. It has been my pleasure to work with
Congresswoman Wasserman Schultz during the last two sessions of
Congress to bring this legislation to the floor. I applaud
Representative Wasserman Schultz for her dedication and fully support
the congressional efforts to protect our children from swimming pool
accidents.
Every summer we hear the tragic stories of young children involved in
harrowing pool accidents. Though pool season is winding down for the
year we must push forward and enact legislation to protect our children
in the summers to come.
It's tragic that over the last 20 years, we have lost at least 33
children under the age of 14 as a result of pool and spa entrapment.
Entrapment occurs when part of a child's body becomes attached to a
drain as a result of the powerful suction of a pool or spa's water
circulation system. Death or serious injury can occur when the force of
the suction overpowers the child's ability to disengage from the drain.
According to the Consumer Product Safety Commission, drowning is the
leading cause of accidental injury-related death for children under 4
and the second leading cause of accidental injury-related death of
children under 14. However, these figures are very likely understated
because law enforcement do not always note ``entrapment'' when
reporting a drowning.
In the hundreds of tragic drowning cases across the country each
year, simple pool safety precautions could help save these precious
lives. But it's important to remember that this legislation is not a
federal mandate. Instead, it will encourage states to adopt
comprehensive pool safety precautions that will substantially reduce
the dangers of accidental drowning, body part entrapment, and hair
entanglement. It will also promote swimming pool and spa safety.
We can prevent these tragedies and save our children. I urge the
support for the Pool and Spa Safety Act, H.R. 1721.
Mr. STEARNS. Mr. Speaker, I yield back the balance of my time.
Mr. RUSH. 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 Illinois (Mr. Rush) that the House suspend the rules and
pass the bill, H.R. 1721, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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