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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3718 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3718

To increase the safety of swimming pools and spas by requiring the use 
   of proper anti-entrapment drain covers and pool and spa drainage 
     systems, by establishing a swimming pool safety grant program 
  administered by the Consumer Product Safety Commission to encourage 
  States to improve their pool and spa safety laws and to educate the 
       public about pool and spa safety, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 24, 2006

    Mr. Allen (for himself, Mr. Stevens, Mr. DeWine, and Mr. Dodd) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
To increase the safety of swimming pools and spas by requiring the use 
   of proper anti-entrapment drain covers and pool and spa drainage 
     systems, 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Pool and Spa 
Safety Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Federal swimming pool and spa safety requirements.
Sec. 4. Recommended State law standards.
Sec. 5. State swimming pool safety grant program.
Sec. 6. Education program.
Sec. 7. Definitions.
Sec. 8. CPSC reports.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) of injury-related deaths, drowning is the leading cause 
        of death in children under 4 and the second leading cause of 
        death in children 14 and under in the United States;
            (2) many children drown due to pool and spa drowning and 
        entrapment, such as Virginia Graeme Baker, who at age 7 drowned 
        by entrapment in a residential spa;
            (3) in 2003, 782 children ages 14 and under died as a 
        result of unintentional drowning;
            (4) adult supervision at all aquatic venues is a critical 
        safety factor in preventing children from drowning; and
            (5) research studies show that the installation and proper 
        use of barriers or fencing, as well as additional layers of 
        protection, could substantially reduce the number of childhood 
        residential swimming pool drownings and near drownings.

SEC. 3. FEDERAL SWIMMING POOL AND SPA SAFETY REQUIREMENTS.

    (a) All Pools and Spas.--
            (1) In general.--Every swimming pool and spa in the United 
        States that has a main drain, other than an unblockable drain, 
        shall be equipped with a drain cover that meets the ASME/ANSI 
        A112.19.8M performance standard, or any successor ASME/ANSI 
        standard.
            (2) Effective date.--This subsection shall take effect 1 
        year after the date of enactment of this Act.
    (b) Pools and Spas Built After Date of Enactment.--Every swimming 
pool and spa built more than 1 year after the date of enactment of this 
Act shall have--
            (1) more than 1 drain;
            (2) 1 or more unblockable drains; or
            (3) no main drain.
    (c) Enforcement.--This section may be enforced by State and local 
governments through building code inspectors, pool and spa safety 
inspections, or otherwise, and subject to the same penalties as would 
apply for violations of State or local laws in pari materia.
    (d) No Preemption.--Nothing in this section preempts or supersedes 
any State or local law, regulation, or other requirement that imposes 
additional or more stringent standards for swimming pools or spas 
except to the extent that compliance with such law, regulation, or 
other requirement would violate the requirements of subsection (a) or 
(b).

SEC. 4. RECOMMENDED STATE LAW STANDARDS.

    (a) In General.--
            (1) Safety Standards.--Within 90 days after the date of 
        enactment of this Act, the Commission shall issue an advance 
        notice of proposed rulemaking to establish recommended minimum 
        State law standards for swimming pools and spas with respect 
        to--
                    (A) enclosure of the pool or spa by barriers to 
                entry that will effectively prevent small children from 
                gaining unsupervised and unfettered access to the pool 
                or spa; and
                    (B) devices and systems designed to prevent 
                entrapment of children by pool or spa drains.
            (2) Deadline.--The Commission shall issue the recommended 
        minimum standards as a final rule within 18 months after it 
        issues the advance notice of proposed rulemaking.
            (3) Status of Standards.--
                    (A) In general.--The standards promulgated by the 
                Commission under this section--
                            (i) shall be advisory in nature;
                            (ii) shall not prevent the Commission from 
                        subsequently promulgating standards regulating 
                        pool and spa safety or from relying on an 
                        applicable national performance standard;
                            (iii) shall not be promulgated as a 
                        consumer product safety rule; and
                            (iv) shall be used by the Commission solely 
                        for the purpose of determining the eligibility 
                        of a State for a grant under section 5 of this 
                        Act.
                    (B) Enforcement.--The Commission may not enforce 
                any standard promulgated under this section except for 
                the purpose of determining the eligibility of a State 
                for a grant under section 5 of this Act.
            (4) Standards to reflect national performance standards and 
        commission guidelines.--In promulgating standards under this 
        Act, 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 standards promulgated under 
                this Act 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) Minimum Standards for Pools and Spas.--In promulgating 
recommended minimum State law standards for swimming pools and spas 
under subsection (a), the Commission, at a minimum, shall require 
that--
            (1) any outdoor swimming pool or spa is enclosed by an 
        appropriate fence or other barrier (which may be an exterior 
        wall of a residence or other structure); and
            (2) any swimming pool or spa with a main drain is equipped, 
        at a minimum, with at least 1 of the anti-entrapment devices 
        described in subsection (d).
    (c) Basic Access-Related Safety Devices and Equipment To Be 
Considered.--In promulgating the swimming pool and spa standard, the 
Commission shall consider the following options:
            (1) Barriers.--A wall, fence, enclosure, or barrier between 
        the swimming pool and the portion of the building that forms 
        part of the enclosure.
            (2) Covers.--A safety pool cover.
            (3) Gates.--A gate with direct access to the swimming pool 
        that is equipped with a self-closing, self-latching device.
            (4) 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.
    (d) Entrapment, Entanglement, and Evisceration Prevention Standards 
To Be Required.--In promulgating the swimming pool and spa standard, 
the Commission shall require, at a minimum, 1 or more of the following 
(except for pools constructed without a main drain):
            (1) 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.
            (2) Suction-limiting vent system.--A suction-limiting vent 
        system with a tamper-resistant atmospheric opening.
            (3) Gravity drainage system.--A gravity drainage system 
        that utilizes a collector tank.
            (4) Automatic pump shut-off system.--An automatic pump 
        shut-off system.
            (5) Drain disablement.--A device or system that disables 
        the drain.
            (6) Other systems.--Any other system determined by the 
        Commission to be equally effective as, or better than, the 
        systems described in paragraphs (1) through (5) of this 
        subsection at preventing or eliminating the risk of injury or 
        death for children associated with pool drainage systems.

SEC. 5. STATE SWIMMING POOL SAFETY GRANT PROGRAM.

    (a) In General.--Subject to the availability of appropriations 
authorized by subsection (e), the Commission shall establish a grant 
program to provide assistance to States in hiring and training State 
and local government employees in implementing and enforcing State 
swimming pool safety standards enacted by the State, educating the 
public about swimming pool and spa safety related to their use by 
children, and administering swimming pool and spa safety programs.
    (b) Eligibility.--To be eligible for a grant under the program, a 
State shall--
            (1) demonstrate to the satisfaction of the Commission that 
        it has a State statute, or that, after the date of enactment of 
        this Act, it has enacted a statute, or amended an existing 
        statute, and provides for the enforcement of, a law that--
                    (A) applies to all swimming pools in the State; and
                    (B) meets the minimum recommended swimming pool and 
                spa safety standards promulgated by the Commission 
                under section 4; 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.
    (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 children using swimming pools and spas 
                from drowning or becoming entrapped; and
                    (C) to defray administrative costs associated with 
                such training and education programs.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission for each of fiscal years 2008 through 
2012 $10,000,000 to carry out this section.

SEC. 6. EDUCATION PROGRAM.

    (a) In General.--The Commission shall establish and carry out an 
education program to inform the public of methods to prevent drowning 
and entrapment in swimming pools and spas. In carrying out the program, 
the Commission shall develop--
            (1) educational materials designed for pool manufacturers, 
        pool service companies, and pool supply retail outlets;
            (2) educational materials designed for pool owners and 
        operators; and
            (3) a national media campaign to promote awareness of pool 
        and spa safety.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission for each of fiscal years 2008 through 
2012 $5,000,000 to carry out the education program authorized by 
subsection (a).

SEC. 7. DEFINITIONS.

    In this Act:
            (1) ASME/ANSI standard.--The term ``ASME/ANSI standard'' 
        means a safety standard accredited by the American National 
        Standards Institute and published by the American Society of 
        Mechanical Engineers.
            (2) ASTM standard.--The term ``ASTM standard'' means a 
        safety standard issued by ASTM International, formerly known as 
        the American Society for Testing and Materials.
            (3) Barrier.--The term ``barrier'' includes a natural or 
        constructed topographical feature that prevents unpermitted 
        access to a swimming pool, and, with respect to a hot tub, a 
        lockable cover.
            (4) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
            (5) Main drain.--The term ``main drain'' means a submerged 
        suction outlet typically located at the bottom of a pool or spa 
        to conduct water to a re-circulating pump.
            (6) New pool.--The term ``new pool'' means a pool 
        constructed more than 180 days after the effective date of a 
        State statute enacted or amended after the date of enactment of 
        this Act to establish State minimum swimming pool and spa 
        safety standards that meet the recommended standards 
        promulgated by the Commission under section 4.
            (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) Suction outlet drain cover.--The term ``suction outlet 
        drain cover'' means a drain cover which is designed to help 
        prevent mechanical, body and hair entrapment and evisceration.
            (10) 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 REPORTS.

    (a) Rulemaking Progress.--The Commission shall report to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Energy and Commerce within 1 year after 
the date of enactment of this Act on its progress toward issuing a 
final rule under section 4. The Commission shall include in the report 
an explanation of its reason for recommending certain standards over 
other, alternative standards.
    (b) Efficacy of Grant Program.--Within 1 year after the close of 
each fiscal year for which grants are made under section 5, the 
Commission shall submit a report to the Congress evaluating the 
effectiveness of the grant program authorized by that section.D23/
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