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[Senate Report 110-182]
[From the U.S. Government Publishing Office]

110th Congress 
 1st Session                     SENATE                          Report
                                                                110-182
_______________________________________________________________________

                                     

                                                       Calendar No. 381

             VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1771

                                     

               September 20, 2007.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred tenth congress
                             first session

                   DANIEL K. INOUYE, Hawaii, Chairman
                   TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West         JOHN McCAIN, Arizona
    Virginia                         TRENT LOTT, Mississippi
JOHN F. KERRY, Massachusetts         KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota        OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California            GORDON H. SMITH, Oregon
BILL NELSON, Florida                 JOHN ENSIGN, Nevada
MARIA CANTWELL, Washington           JOHN E. SUNUNU, New Hampshire
FRANK R. LAUTENBERG, New Jersey      JIM DeMINT, South Carolina
MARK PRYOR, Arkansas                 DAVID VITTER, Louisiana
THOMAS CARPER, Delaware              JOHN THUNE, South Dakota
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
          Margaret Cummisky, Staff Director and Chief Counsel
         Lila Helms, Deputy Staff Director and Policy Director
       Jean Toal Eisen, Senior Advisor and Deputy Policy Director
     Christine Kurth, Republican Staff Director and General Counsel
                Paul J. Nagle, Republican Chief Counsel
                                                       Calendar No. 381
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-182

======================================================================

 
             VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT

                                _______
                                

               September 20, 2007.--Ordered to be printed

                                _______
                                

       Mr. Inouye, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1771]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1771) 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, having considered the same, reports favorably thereon 
with amendments and recommends that the bill (as amended) do 
pass.

                          PURPOSE OF THE BILL

    The purpose of the Virginia Graeme Baker Pool and Spa 
Safety Act, as reported, is to improve pool and spa safety 
through the use of anti-entrapment devices and to encourage 
State adoption of minimum mandatory swimming pool and spa 
safety laws incorporating several layers of protection.

                          BACKGROUND AND NEEDS

Recent pool and spa safety statistics indicate a need for action
    Between 1990 and 2000, drowning was the second leading 
cause of unintentional death among children in the United 
States ages one to nineteen.\1\ Furthermore, in 2004, there 
were 3,308 unintentional drownings in the United States, 
excluding boating-related incidents, an average of nine 
drownings a day.\2\ The Centers for Disease Control and 
Prevention reported that 430 children ages one to four drowned 
in 2004, the majority of which occurred in pools.\3\ According 
to a 2002 Safe Kids Worldwide survey, 838 children ages 14 and 
under died in accidental drowning incidents. Many of these 
deaths occurred in residential and public swimming pools and 
hot tubs. As the popularity of pools and spas increase among 
consumers and large, above-ground pools become more affordable, 
the risk of death and injury due to accidental drowning 
increases each year. There are approximately 4.7 million in-
ground pools in the United States, along with 3.6 million 
above-ground pools and 5.4 million portable hot tubs in use.
---------------------------------------------------------------------------
    \1\American Academy of Pediatrics, Policy Statement, ``Prevention 
of Drowning in Infants, Children, and Adolescents,'' PEDIATRICS, Vol. 
112, No. 2, August 2003.
    \2\Centers for Disease Control, ``Water-Related Injuries: Fact 
Sheet,'' www.cdc.gov/ncipc/factsheets/drown.htm, Accessed July 28, 
2007.
    \3\Centers for Disease Control and Prevention, National Center for 
Injury Prevention and Control, 2004, United States Unintentional 
Injuries-Drowning.
---------------------------------------------------------------------------
    The Consumer Product Safety Commission (CPSC) has Federal 
jurisdiction to regulate swimming pools as a consumer product. 
To date, the CPSC has issued pool safety guidelines for owners 
popularly known as the ``Layers of Protection.'' The four 
``layers'' recommended by the CPSC include: (1) education for 
children and parents on the risks that come with pools and 
spas; (2) installation of multiple drains that would lessen the 
suction force for each pool or spa drain; (3) installation of 
anti-entrapment/anti-entanglement drain covers; and (4) the 
installation of a gravity flow system or a Safety Vacuum 
Release System. The current ``layers'' are not a mandatory 
product safety standard. The American Society of Mechanical 
Engineers (ASME) and the American National Standards Institute 
(ANSI) have issued voluntary industry performance standards for 
anti-entrapment drain covers as well as anti-entrapment devices 
and drains. In light of the ongoing and increasing risks 
related to swimming pools, the Committee found that legislative 
action necessitating certain anti-entrapment technologies for 
pools as well as encouraging States to require the ``four layer 
protection'' concepts was prudent.
Submersion-related injuries and deaths, including suction entrapment, 
        have become a focus of inquiry by the Consumer Product Safety 
        Commission
    The majority of child deaths that occur in pools and spas 
are accidental drownings that occur when the child is not being 
supervised. A smaller but significant cause of injuries and 
deaths in pools is related to the mechanics of filtration 
systems and pool architecture. One of the injury scenarios is 
called entrapment. Entrapment occurs when a child becomes stuck 
on a drain and is unable to escape due to the high velocity of 
the water column being sucked into the drain. Entrapment 
happens when pipes leading from the pool drain create a suction 
that increases due to the blockage, thereby creating enough 
force to hold the child underwater. The suction force can be as 
much as 700 pounds per square inch. In recorded incidents where 
a child has been entrapped, it has taken more than two adults 
to pull a child off of the drain. Another alarming scenario 
involving entrapment is when certain body parts get pulled onto 
the drain. In extreme cases, disembowelment and/or evisceration 
have occurred. Entanglement is the other cause of drowning, 
which can involve long hair, a bathing suit, or some type of 
jewelry that gets sucked into the drain and swirled around in 
the vortex of the water column, making it almost impossible to 
pull the entangled item free.
    CPSC officials have indicated that they are aware of 74 
cases of body entrapment, including 13 deaths between 1990 and 
2004. These incidents occurred when a person's entire body or 
individual limbs were held against, or sucked into, a pool or 
spa drain. The CPSC is also aware of 43 incidents of hair 
entanglement in the drains of pools, spas, and hot tubs between 
1990 and 2004. Of this number, 12 resulted in drowning deaths. 
Medical costs stemming from a submersion-related injury are 
high. The CPSC estimates that an injury resulting in brain 
damage can cost $160,000. Some injuries, due to an extended 
hospital stay, can exceed $300,000.\4\ In a study conducted by 
the CPSC of drowning and submersion incidents in Arizona, 
Florida, and California, toddlers between the ages of one and 
three account for 75 percent of submersion victims. This is the 
case even though most of the victims were thought to have been 
supervised, with 69 percent of the victims reportedly not 
expected to be in or near the pool.\5\ The same study showed 
that 65 percent of injuries ensued from swimming in a pool 
owned by the victim's family.
---------------------------------------------------------------------------
    \4\Consumer Product Safety Commission website, ``How to plan for 
the unexpected,'' www.cpsc.gov/cpscpub/pubs/359.pdf, Accessed July 22, 
2007.
    \5\Id.
---------------------------------------------------------------------------
    Time is critical in preventing children from drowning. The 
CPSC has reported that three-quarters of all child victims were 
missing for five minutes or less. Supervision is also 
imperative in preventing submersion-related incidents, but an 
adult's presence around swimming children is only the first 
line of defense. In protecting children from drowning and 
entrapment, State laws, local building codes, and Federal 
guidelines have spawned requirements and recommendations for 
various ``layers of protection'' to be physically added to 
pools and spas as precautionary measures.
S. 1771 supplements current voluntary standards, State and local laws 
        and regulations, and CPSC guidelines on pool and spa safety
    Pool and spa safety has traditionally been governed by 
State law and local building codes which regulate the design, 
construction, and maintenance of swimming pools and spas. State 
and local regulations commonly find their origin in voluntary 
standards developed by the pool and spa industry, consumer 
safety groups, standards development organizations, and the 
CPSC. Consumer safety groups have also stressed precautionary 
measures to protect children from drowning, including such 
devices as barrier fencing, anti-entrapment drain covers, 
safety vacuum release systems, and anti-entrapment pool and spa 
designs, including multiple drains, to reduce the suction force 
of outlets.
    The American Society for Testing and Materials (ASTM) 
International, ASME, and the Association of Pool and Spa 
Professionals, have developed standards that address various 
layers of protection intended to prevent submersion injuries 
and suction entrapment. These voluntary standards are primarily 
intended for use by designers, builders, equipment installers, 
manufacturers, and code officials. These standards are 
technical in nature, but serve as necessary guidance for those 
in the pool and spa industry, State and local governments, and 
consumers. New model residential building codes developed by 
the International Code Council in conjunction with ASME and 
adopted by various States and localities mandate the use of 
several devices, design standards, and performance standards to 
improve safety.
    Similarly, the CPSC has developed guidelines that address 
pool and spa safety but are not enforced as mandatory 
standards. For instance, the recently updated ``Guidelines for 
Entrapment Hazards'' is a document used by many States and 
localities as a model in developing building codes and 
addressing entrapment risks. These guidelines focus on 
implementation of the ``four layers of protection.''

                         SUMMARY OF PROVISIONS

    The most significant provisions of S. 1771 would require 
the CPSC to adopt the current, or revised, ASME/ANSI standard 
on pool and spa drain covers as a consumer product safety rule. 
Effective one year after the date of enactment, all new drain 
covers manufactured, distributed, or sold in the stream of U.S. 
commerce would be made to comply with the relevant national 
performance standard, which is intended to reduce or eliminate 
pool and spa entrapment incidents. In addition, public pools 
and spas would be required to install appropriate anti-
entrapment devices by one year after the date of enactment. A 
second aspect of the legislation would authorize a Federal 
grant program designed to encourage States to pass 
comprehensive mandatory pool and spa safety legislation. 
Finally, the bill would authorize funds for the CPSC to conduct 
a nationwide education campaign on pool and spa safety.
    Federal Requirements for Pool and Spa Drain Covers. The 
bill would require that all new pools with main drains be 
fitted with drain covers that meet the current voluntary 
industry standards issued by the ASME and ANSI. This 
requirement would take effect one year after the date of 
enactment. Public pools and spas must be equipped with ASME/
ANSI compliant devices or systems designed to prevent 
entrapment by one year after the date of enactment.
    State Grant Program for Enacting Pool and Spa Safety Laws. 
The bill would establish a State swimming pool safety grant 
program to provide incentives for States to adopt pool and spa 
safety laws. The bill would authorize $2 million per year for 
fiscal year (FY) 2009 and FY 2010 to provide these grants to 
eligible States. In order to be eligible, a State would be 
required to enact and enforce a law that applies universally to 
all pools in the State and meets the minimum recommended 
standards issued by the CPSC discussed below. The amount of a 
grant to any particular State would be determined by the CPSC, 
and disbursements would be based on population, enforcement 
needs, and maximum benefit per grant. States would be required 
to use at least half of awarded grants to hire and train 
enforcement personnel and the remainder for education programs 
and administrative costs related to training and education.
    Minimum State Pool and Spa Safety Law Eligibility 
Requirements. For the purposes of the CPSC determining grant 
eligibility under the Act, a State would be required to mandate 
by statute that any pool be enclosed by fencing or another 
barrier and be equipped with at least one anti-entrapment 
device. Pools and spas built one year after enactment must have 
more than one drain; have one or more unblockable drains; or 
have no main drain. Every pool and spa that has a main drain, 
other than an unblockable drain, must be equipped with a drain 
cover that complies with Section 4 of the Act. The CPSC would 
be required to consider additional barriers, pool covers, self-
closing gates, and audible door alarms to prevent unsupervised 
access to pools. The CPSC also would be required to include in 
minimum State law standards at least one of five listed anti-
entrapment devices.
  National Education Program for Pool and Spa Safety. The bill 
requires the CPSC to establish and carry out a national 
education program to educate the public, pool manufacturers, 
pool retailers, pool servicing companies, and owners on the 
dangers of accidental drowning and entrapment. The bill 
authorizes $5 million for each of FY 2008-2012 for this 
education campaign.

                          LEGISLATIVE HISTORY

  The most recent hearing examining pool and spa safety was 
held on May 3, 2006, by the Subcommittee on Consumer Affairs, 
Product Safety, and Insurance. The Subcommittee heard testimony 
regarding methods for eliminating or reducing risks associated 
with pools and spas and provided a forum for increasing 
consumer awareness of various water-related hazards.
  On July 11, 2007, Senator Mark Pryor introduced S. 1771, 
which was referred to the Committee on Commerce, Science and 
Transportation. Commerce Committee members that cosponsored the 
measure included Vice Chairman Stevens and Senators Klobuchar, 
Hutchison, and McCain. Senators Dodd, Warner, Durbin, and 
Coleman also cosponsored S. 1771.
  On July 19, 2007, the Committee met in open executive session 
to consider S. 1771. Senator Pryor offered an amendment that 
made technical corrections to the legislation as introduced. 
Senator Klobuchar offered three amendments to the Act. The 
first amendment would allow the CPSC to use funds that were not 
distributed to the States via the pool safety grant program to 
be retained by the Commission for general enforcement of the 
Consumer Product Safety Act. The second Klobuchar amendment 
would mandate that, effective one year from the date of 
enactment, all public pools and spas must be equipped with 
devices or systems designed to prevent entrapment that are 
compliant with the ASME/ANSI performance standards. The third 
amendment, as modified by Vice Chairman Stevens, added a notice 
requirement for residential pool owners to the requirements of 
the grant program. To be eligible for a grant, a State pool 
safety law would be required to provide periodic notification 
about compliance with the ASME/ANSI anti-entrapment performance 
standards to residential swimming pool owners. The Vice 
Chairman's modification clarified that the notice provision 
would impart no liability onto the State. All four amendments 
to S. 1771 were accepted en bloc. The Virginia Graeme Baker 
Pool and Spa Safety Act, as amended, was accepted by voice vote 
and Chairman Inouye ordered the bill to be reported.

                            ESTIMATED COSTS

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:
S. 1771--Virginia Graeme Baker Pool and Spa Safety Act
    Summary: S. 1771 would require the Consumer Product Safety 
Commission (CPSC) to undertake several initiatives intended to 
improve the safe use--especially among children--of swimming 
pools, spas, and similar products. It would require the agency 
to issue regulations designed to reduce the risk of entrapment 
in all pools and spas manufactured or distributed within the 
United States. It would establish a new grant program within 
the CPSC to assist states in enforcing pool and spa safety 
standards that meet certain federal guidelines. The bill also 
would authorize funding of a public education program about 
pool safety.
    Assuming appropriation of the specified amounts, CBO 
estimates that implementing the bill would cost $4 million in 
2008 and $28 million over the 2008-2012 period. Enacting S. 
1771 would not affect direct spending or receipts.
    S. 1771 contains intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act (UMRA) because it would 
preempt state and local standards governing the safety of 
public swimming pools and spas and require that all publicly 
owned swimming pools and spas be equipped with anti-entrapment 
devices. CBO concludes that while many local governments 
already meet the standards specified in the bill, some cities, 
counties, and public schools would incur costs to purchase 
equipment or modify pools. In aggregate, CBO estimates that the 
costs of complying with the intergovernmental mandates in the 
bill would total less than $40 million in 2008 and thus would 
not exceed the threshold established in UMRA ($66 million in 
2007, adjusted annually for inflation).
    S. 1771 also contains private-sector mandates as defined in 
UMRA. The bill would prohibit the manufacture, sale or 
distribution of drain covers that do not meet certain 
entrapment protection safety standards. It also would require 
all public pools to be equipped with certain devices or systems 
designed to prevent entrapment by pool and spa drains. Because 
of uncertainty about the number of pools and spas that are 
already in compliance with the mandate, CBO cannot determine 
whether the aggregate direct cost of the mandates would exceed 
the annual threshold established in UMRA for private-sector 
mandates ($131 million in 2007, adjusted annually for 
inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1771 is shown in the following table. 
The costs of this legislation fall within budget function 550 
(health).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2008    2009    2010    2011    2012
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level.............       5       7       7       5       5
Estimated Outlays...............       4       6       6       6       6
------------------------------------------------------------------------

    Basis of estimate: S.1771 would authorize the appropriation 
of $2 million a year for fiscal years 2009 and 2010 for a new 
grant program to be administered by the CPSC. States that have 
laws governing pool and spa safety that meet certain 
requirements specified in the bill would be eligible for grants 
to enforce those laws and to educate pool builders, owners, and 
the public about pool safety. States would be required to use 
at least half of their grant funds to enforce their pool safety 
laws.
    The bill also would authorize the appropriation of $5 
million annually over the 2008-2012 period for the CPSC to 
establish a program designed to educate the public about pool 
and spa safety.
    Assuming appropriation of the specified amounts, CBO 
estimates that implementing these programs would cost $4 
million in 2008 and $28 million over the 2008-2012 period.
    Estimated impact on state, local, and tribal goverments: 
Most state and local governments currently have laws governing 
the safety of swimming pools and spas, including standards for 
drainage systems. S. 1771 would preempt those standards and 
require that all public pools and spas comply with the 
standards specified in the bill. That preemption would be an 
intergovernmental mandate as defined in UMRA. However, because 
the preemption would simply limit the application of state and 
local laws, CBO estimates that it would not impose significant 
costs on state or local governments.
    The bill also would require, within one year of enactment, 
that all publicly owned pools and spas be equipped with devices 
or systems to prevent entrapment in drainage systems. Equipment 
could include drain covers, vacuum release systems, or dual-
drain systems. The requirement to install equipment or modify a 
pool or spa constitutes an intergovernmental mandate on city 
and county governments, including public school systems. While 
many state and local governments already have standards that 
are similar to the requirements in the bill, some of those laws 
and local ordinances exempt certain pools and spas. Local 
governments operating such exempt facilities would likely incur 
costs to purchase equipment or modify pools in order to comply 
with the new federal standards. According to industry and 
government officials, those costs would range from $100 to 
$4,000 per pool, depending on the pool's size, design, and age. 
Based on information from a survey of more than 40 city and 
school officials across the country, CBO estimates that, 
assuming S. 1771 is enacted near the start of fiscal year 2008, 
the cost to governmental entities to comply with this mandate 
would total less than $40 million in that year. Thus, the 
estimated costs would not exceed the threshold established in 
UMRA for intergovernmental mandates ($66 million in 2007, 
adjusted annually for inflation).
    The bill also would provide grants to states for 
implementing and enforcing state laws that govern pool and spa 
safety. To receive the grants, states would have to have laws 
that comply with federal guidelines.
    Estimated impact on the private sector: S. 1771 would 
impose private sector mandates as defined in UMRA. The bill 
would impose a mandate on manufacturers, distributors, and 
sellers of pool and spa drain covers by requiring that any 
swimming pool or spa drain cover manufactured, distributed, or 
entered into commerce in the United States meet certain 
entrapment protection standards developed by the American 
Society of Mechanical Engineers and the American National 
Standards Institute (ASME/ANSI). Based on information from the 
CPSC and industry sources, CBO estimates that the incremental 
cost to comply with this mandate would not exceed the annual 
threshold established in UMRA ($131 million in 2007, adjusted 
annually for inflation).
    The bill also would require that public pools and spas--
including pools and spas operated by hotels, organizations, and 
residential communities--be equipped with devices and systems 
designed to prevent entrapment by pool or spa drains that 
comply with the ASME/ANSI performance standard. Depending on 
the facility, such equipment could include drain covers, 
vacuum-release systems, or dual-drain systems. Because of 
uncertainty about the number of pools and spas already in 
compliance with the mandate, CBO cannot determine the 
incremental cost of the mandate. Consequently, CBO cannot 
determine whether the total direct cost of the mandates in the 
bill would exceed the annual threshold established by UMRA for 
private-sector mandates.
    Estimate prepared by: Federal Spending: Geoffrey Gerhardt; 
Impact on State, Local, and Tribal Governments: Lisa Ramirez-
Branum; Impact on the Private Sector: Amy Petz.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

                      REGULATORY IMPACT STATEMENT

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

Number of persons covered

    Within one year of enactment, manufacturers, distributors, 
and retail sellers of pool and spa drain covers would be 
required to configure and or restock their drain cover product 
lines to comply with the ASME/ANSI anti-entrapment performance 
standards. The owners of public pools would be required to 
retrofit their pools with ASME/ANSI compliant drain covers or 
ASME/ANSI compliant anti-entrapment devices. Residential and 
public pool owners may face additional State pool and spa 
safety requirements depending on whether the States pass laws 
compliant with the State Swimming Pool Safety Grant Program.

Economic impact

    S. 1771 is not expected to have an adverse impact on the 
Nation's economy. Rather, requiring new pool and spa drain 
covers to comply with the ASME/ANSI performance standard as 
well as requiring public pools to have ASME/ANSI compliant 
anti-entrapment devices or systems should reduce the societal 
cost stemming from significant brain or bodily injuries.

Privacy

    S. 1771 would have no anticipated impact on the privacy 
rights of individuals.

Paperwork

    The Committee does not anticipate a major increase in 
paperwork burdens for private industry resulting from the 
passage of this legislation. In those areas where the bill 
would require additional paperwork, the burden would rest upon 
the CPSC to submit a report describing the implementation of 
the grant program.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 cites the short title of the bill as the 
``Virginia Graeme Baker Pool and Spa Safety Act.''

Section 2. Findings

    The section would establish drowning as the second leading 
cause of accidental death in children ages 14 and under. In 
addition, the section would establish the importance of 
parental supervision, barriers to entry, and other layers of 
protection in preventing child drownings.

Section 3. Definitions

    The section defines certain provisions of the Act. 
Definitions of note include:
    ASME/ANSI--The term ASME/ASNI as applied to a safety 
standard means the standard is accredited by the American 
Society of Mechanical Engineers and the American National 
Standards Institute.
    Barrier--Natural or constructed topographical feature that 
prevents unpermitted access to a swimming pool, and, with 
respect to a hot tub, a lockable cover.
    Main Drain--Submerged suction outlet typically located at 
the bottom of a pool or spa to conduct water to a re-
circulating pump.
    Safety Vacuum Release System--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.
    Unblockable Drain--A drain of any size and shape that a 
human body cannot sufficiently block to create a suction 
entrapment hazard.
    Swimming Pool; Spa--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.

Section 4. Federal swimming pool and spa drain cover standard

    One year after the date of enactment, the Act would require 
every pool or spa drain cover manufactured, distributed, or 
entering into the stream of commerce to conform to the ASME/
ANSI Standard A112.19.8M or any successor standard regulating 
such covers. The standard would be treated as a consumer 
product safety rule issued by the CPSC under the Consumer 
Product Safety Act (15 U.S.C. 2051 et seq) (hereinafter known 
as CPSA).
    Public Pools. Effective one year after the date of 
enactment, the Act would require each public pool and spa be 
equipped with devices or systems designed to prevent entrapment 
by pool or spa drains compliant with the ASME/ANSI performance 
standard, or any successor standard. ``Public pool and spa'' 
would be defined as a pool or spa that is:
           Open to the public generally, whether for a 
        fee or free of charge;
           Open exclusively to--
                  (i) Members of an organization and their 
                guests;
                  (ii) Residents of a multi-unit apartment 
                building, apartment complex, residential real 
                estate development, or other multi-family 
                residential area (other than a municipality, 
                township, or other local government 
                jurisdiction); or
                  (iii) Patrons of a hotel or other public 
                accommodations facility; or
           Operated by the Federal Government (or by a 
        concessionaire on behalf of the Federal Government) for 
        the benefit of members of the Armed Forces and their 
        dependents or employees of any department or agency and 
        their dependents.
    Public pools and spas that are not in compliance would be 
considered in violation of Section 19(a)(1) of the CPSA and may 
also be subject to enforcement under Section 17 of the CPSA.

Section 5. State swimming pool safety grant program

    The section would authorize $2 million per year for FY 2009 
and FY 2010 for the CPSC to establish a grant program to 
provide incentives to States to enact pool and spa safety laws. 
The section would require States to enact State statutes that 
apply to all pools and spas in the State and meet the 
requirements of the minimum State law standards established by 
the CPSC under Section 6 to be eligible for a grant award. In 
providing a grant award to a State, the CPSC would consider 
population, enforcement needs, and maximum program benefit in 
allocating grant funds. States would be required to use at 
least 50 percent of grant funds made available under the Act to 
hire and train enforcement personnel for the State pool and spa 
safety law. The remainder of the funds would be used to educate 
pool owners, construction companies, servicing companies, and 
the general public about State pool and spa safety laws and the 
dangers associated with accidental drowning and entrapment. The 
funds also may be used for State administrative costs related 
to training and education. Unspent or unobligated funds would 
be retained by the CPSC.

Section 6. Minimum State law requirements

    For the purposes of the CPSC determining grant eligibility 
under the Act, a State would need to require by statute that:
           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 outdoor pool 
        or spa;
           All pools and spas be equipped with devices 
        and systems designed to prevent entrapment by pool or 
        spa drains;
           All pools and spas built more than one year 
        after the date of enactment have either--
                  (i) More than one drain;
                  (ii) One or more unblockable drains; or
                  (iii) No main drain;
          All pools and spas that have a main drain 
        that is not an unblockable drain be equipped with a 
        drain cover that is compliant with Section 4 of this 
        Act; and
          Periodic notification be provided to owners 
        of residential swimming pools and spas about compliance 
        with ASME/ANSI anti-entrapment performance standard. 
        Such notice provided by the State would not impart or 
        imply liability on the part of the State.
    In addition, the State would need to meet any additional 
State law requirements for pools and spas that the CPSC may 
establish after public notice and a 30-day comment period.
    The CPSC would use the minimum State law requirements only 
for determining a State's eligibility for a grant under Section 
5 of this Act. The CPSC would not have the authority to enforce 
the requirements under this section except for the purpose of 
determining grant eligibility.
    State Minimum Law Requirements to Reflect National 
Performance Standards and CPSC Guidelines. When establishing 
the requirements to evaluate state eligibility for a grant 
award under Section 5, the CPSC would be required to:
           Consider current or revised national 
        performance standards for pool and spa barrier 
        protection and entrapment prevention, such as the 
        current ASME/ANSI standards on those subjects; and
           Ensure those requirements are consistent 
        with the guidelines contained in the CPSC publication 
        362, entitled ``Safety Barrier Guidelines for Home 
        Pools,'' the CPSC publication entitled ``Guidelines for 
        Entrapment Hazards: Making Pools and Spas Safer,'' and 
        any other pool safety guidelines established by the 
        CPSC.
  Nothing in Section 6 would prevent the CPSC from promulgating 
standards regulating pool and spa safety or from relying on an 
applicable national performance standard.
    Access Related Safety Devices and Equipment Requirements to 
be Considered. In addition to the national performance 
standards and the CPSC pool and spa safety guidelines, the CPSC 
would consider the following device and equipment requirements 
for eligible State laws:
           Pool safety covers;
           A gate with direct access to a swimming pool 
        or spa that is equipped with a self-closing, self-
        latching device;
           Any door with direct access to a swimming 
        pool or spa be equipped with an audible alert device or 
        alarm which sounds when the door is opened; and
           A device designed to provide rapid detection 
        of an entry into the water of a swimming pool or spa.
    Entrapment, Entanglement, and Evisceration Prevention 
Standards to be Required. In establishing additional minimum 
State law requirements for grant eligibility, the CPSC shall 
require, at a minimum, one or more of the following for State 
grant eligibility:
           Safety Vacuum Release System--The system 
        must cease operation of the pump, reverse the 
        circulation flow, or otherwise provide a vacuum release 
        at the suction outlet when a blockage is detected. The 
        system must be tested by an independent third party and 
        conform to the appropriate ASME/ANSI standard or its 
        successor standard;
           Suction-Limiting Vent System--A suction 
        limiting vent system with a tamper resistant 
        atmospheric opening;
           Gravity Drainage System--A gravity drainage 
        system that utilizes a collector tank;
           Automatic Pump Shut-Off System;
           Drain Disablement--A device or system that 
        disables the drain; or
           Other Systems--Any other system determined 
        by the CPSC to be equally effective or better than the 
        systems described in this paragraph at preventing or 
        eliminating the risk of injury or death associated with 
        pool drainage systems.
      States would not have to mandate these systems for pools 
constructed without a single main drain. Any device described 
in this paragraph would be required to 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.

Section 7. Education program

    This section would authorize $5 million for each of FY 
2008-2012 for the CPSC to carry out a national education 
campaign to help prevent drowning and entrapment in pools. The 
section also would require the CPSC to develop educational 
materials for pool manufacturers, pool service companies, pool 
retailers, and pool owners and operators, and would require the 
CPSC to conduct a national media campaign to promote awareness 
of pool and spa safety.

Section 8. CPSC report

    The section would require the CPSC report to Congress each 
year a grant was made under Section 5 on the implementation of 
the grant program.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee states that the 
bill, as reported, would make no change to existing law.

                                  
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