[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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