II 

Calendar No. 654 

109TH CONGRESS 

2D SESSION S. 3718 

[Report No. 109–357] 

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, Mr. DODD, and Mr. 

DURBIN) introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

SEPTEMBER 29, 2006 

Reported by Mr. STEVENS, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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 


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to educate the public about pool and spa safety, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Pool and Spa Safety Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 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. 

8 SEC. 2. FINDINGS. 

9 The Congress finds that— 

10 (1) of injury-related deaths, drowning is the 

11 leading cause of death in children under 4 and the 

12 second leading cause of death in children 14 and 

13 under in the United States; 

14 (2) many children drown due to pool and spa 

15 drowning and entrapment, such as Virginia Graeme 

16 Baker, who at age 7 drowned by entrapment in a 

17 residential spa; 

18 (3) in 2003, 782 children ages 14 and under 

19 died as a result of unintentional drowning; 


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1 (4) adult supervision at all aquatic venues is a 

2 critical safety factor in preventing children from 

3 drowning; and 

4 (5) research studies show that the installation 

5 and proper use of barriers or fencing, as well as ad6 ditional layers of protection, could substantially re7 duce the number of childhood residential swimming 

8 pool drownings and near drownings. 

9 SEC. 3. FEDERAL SWIMMING POOL AND SPA SAFETY RE10 QUIREMENTS. 

11 (a) ALL POOLS AND SPAS.— 

12 (1) IN GENERAL.—Every swimming pool and 

13 spa in the United States that has a main drain, 

14 other than an unblockable drain, shall be equipped 

15 with a drain cover that meets the ASME/ANSI 

16 A112.19.8M performance standard, or any successor 

17 ASME/ANSI standard. 

18 (2) EFFECTIVE DATE.—This subsection shall 

19 take effect 1 year after the date of enactment of this 

20 Act. 

21 (b) POOLS AND SPAS BUILT AFTER DATE OF EN22 ACTMENT.—Every swimming pool and spa built more than 

23 1 year after the date of enactment of this Act shall have— 

24 (1) more than 1 drain; 

25 (2) 1 or more unblockable drains; or 


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1 (3) no main drain. 

2 (c) ENFORCEMENT.—This section may be enforced 

3 by State and local governments through building code in4 spectors, pool and spa safety inspections, or otherwise, and 

5 subject to the same penalties as would apply for violations 

6 of State or local laws in pari materia. 

7 (d) NO PREEMPTION.—Nothing in this section pre8 empts or supersedes any State or local law, regulation, or 

9 other requirement that imposes additional or more strin10 gent standards for swimming pools or spas except to the 

11 extent that compliance with such law, regulation, or other 

12 requirement would violate the requirements of subsection 

13 (a) or (b). 

14 SEC. 4. RECOMMENDED STATE LAW STANDARDS. 

15 (a) IN GENERAL.— 

16 (1) SAFETY STANDARDS.—Within 90 days after 

17 the date of enactment of this Act, the Commission 

18 shall issue an advance notice of proposed rulemaking 

19 to establish recommended minimum State law stand20 ards for swimming pools and spas with respect to— 

21 (A) enclosure of the pool or spa by barriers 

22 to entry that will effectively prevent small chil23 dren from gaining unsupervised and unfettered 

24 access to the pool or spa; and 


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1 (B) devices and systems designed to pre2 vent entrapment of children by pool or spa 

3 drains. 

4 (2) DEADLINE.—The Commission shall issue 

5 the recommended minimum standards as a final rule 

6 within 18 months after it issues the advance notice 

7 of proposed rulemaking. 

8 (3) STATUS OF STANDARDS.— 

9 (A) IN GENERAL.—The standards promul10 gated by the Commission under this section— 

11 (i) shall be advisory in nature; 

12 (ii) shall not prevent the Commission 

13 from subsequently promulgating standards 

14 regulating pool and spa safety or from re15 lying on an applicable national perform16 ance standard; 

17 (iii) shall not be promulgated as a 

18 consumer product safety rule; and 

19 (iv) shall be used by the Commission 

20 solely for the purpose of determining the 

21 eligibility of a State for a grant under sec22 tion 5 of this Act. 

23 (B) ENFORCEMENT.—The Commission 

24 may not enforce any standard promulgated 

25 under this section except for the purpose of deVerDate Aug 31 2005 04:09 Oct 01, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S3718.RS S3718

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1 termining the eligibility of a State for a grant 

2 under section 5 of this Act. 

3 (4) STANDARDS TO REFLECT NATIONAL PER4 FORMANCE STANDARDS AND COMMISSION GUIDE5 LINES.—In promulgating standards under this Act, 

6 the Commission shall— 

7 (A) consider current or revised national 

8 performance standards on pool and spa barrier 

9 protection and entrapment prevention; and 

10 (B) ensure that any standards promul11 gated under this Act are consistent with the 

12 guidelines contained in the Commission’s publi13 cation 362, entitled ‘‘Safety Barrier Guidelines 

14 for Home Pools’’, the Commission’s publication 

15 entitled ‘‘Guidelines for Entrapment Hazards: 

16 Making Pools and Spas Safer’’, and any other 

17 pool safety guidelines established by the Com18 mission. 

19 (b) MINIMUM STANDARDS FOR POOLS AND SPAS.— 

20 In promulgating recommended minimum State law stand21 ards for swimming pools and spas under subsection (a), 

22 the Commission, at a minimum, shall require that— 

23 (1) any outdoor swimming pool or spa is en24 closed by an appropriate fence or other barrier 


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1 (which may be an exterior wall of a residence or 

2 other structure); and 

3 (2) any swimming pool or spa with a main 

4 drain is equipped, at a minimum, with at least 1 of 

5 the anti-entrapment devices described in subsection 

6 (d). 

7 (c) BASIC ACCESS-RELATED SAFETY DEVICES AND

8 EQUIPMENT TO BE CONSIDERED.—In promulgating the 

9 swimming pool and spa standard, the Commission shall 

10 consider the following options: 

11 (1) BARRIERS.—A wall, fence, enclosure, or 

12 barrier between the swimming pool and the portion 

13 of the building that forms part of the enclosure. 

14 (2) COVERS.—A safety pool cover. 

15 (3) GATES.—A gate with direct access to the 

16 swimming pool that is equipped with a self-closing, 

17 self-latching device. 

18 (4) DOORS.—Any door with direct access to the 

19 swimming pool that is equipped with an audible alert 

20 device or alarm which sounds when the door is 

21 opened. 

22 (d) ENTRAPMENT, ENTANGLEMENT, AND EVISCERA23 TION PREVENTION STANDARDS TO BE REQUIRED.—In 

24 promulgating the swimming pool and spa standard, the 

25 Commission shall require, at a minimum, 1 or more of 


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1 the following (except for pools constructed without a main 

2 drain): 

3 (1) SAFETY VACUUM RELEASE SYSTEM.—A 

4 safety vacuum release system which ceases operation 

5 of the pump, reverses the circulation flow, or other6 wise provides a vacuum release at a suction outlet 

7 when a blockage is detected, that has been tested by 

8 an independent third party and found to conform to 

9 ASME/ANSI standard A112.19.17 or ASTM stand10 ard F2387. 

11 (2) SUCTION-LIMITING VENT SYSTEM.—A suc12 tion-limiting vent system with a tamper-resistant at13 mospheric opening. 

14 (3) GRAVITY DRAINAGE SYSTEM.—A gravity 

15 drainage system that utilizes a collector tank. 

16 (4) AUTOMATIC PUMP SHUT-OFF SYSTEM.—An 

17 automatic pump shut-off system. 

18 (5) DRAIN DISABLEMENT.—A device or system 

19 that disables the drain. 

20 (6) OTHER SYSTEMS.—Any other system deter21 mined by the Commission to be equally effective as, 

22 or better than, the systems described in paragraphs 

23 (1) through (5) of this subsection at preventing or 

24 eliminating the risk of injury or death for children 

25 associated with pool drainage systems. 


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1 SEC. 5. STATE SWIMMING POOL SAFETY GRANT PROGRAM. 

2 (a) IN GENERAL.—Subject to the availability of ap3 propriations authorized by subsection (e), the Commission 

4 shall establish a grant program to provide assistance to 

5 States in hiring and training State and local government 

6 employees in implementing and enforcing State swimming 

7 pool safety standards enacted by the State, educating the 

8 public about swimming pool and spa safety related to their 

9 use by children, and administering swimming pool and spa 

10 safety programs. 

11 (b) ELIGIBILITY.—To be eligible for a grant under 

12 the program, a State shall— 

13 (1) demonstrate to the satisfaction of the Com14 mission that it has a State statute, or that, after the 

15 date of enactment of this Act, it has enacted a stat16 ute, or amended an existing statute, and provides for 

17 the enforcement of, a law that— 

18 (A) applies to all swimming pools in the 

19 State; and 

20 (B) meets the minimum recommended 

21 swimming pool and spa safety standards pro22 mulgated by the Commission under section 4; 

23 and 

24 (2) submit an application to the Commission at 

25 such time, in such form, and containing such addi26 tional information as the Commission may require. 


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1 (c) AMOUNT OF GRANT.—The Commission shall de2 termine the amount of a grant awarded under this Act, 

3 and shall consider— 

4 (1) the population and relative enforcement 

5 needs of each qualifying State; and 

6 (2) allocation of grant funds in a manner de7 signed to provide the maximum benefit from the 

8 program in terms of protecting children from drown9 ing or entrapment. 

10 (d) USE OF GRANT FUNDS.—A State receiving a 

11 grant under this section shall use— 

12 (1) at least 50 percent of amount made avail13 able to hire and train enforcement personnel for im14 plementation and enforcement of standards under 

15 the State swimming pool and spa safety law; and 

16 (2) the remainder— 

17 (A) to educate pool construction and in18 stallation companies and pool service companies 

19 about the standards; 

20 (B) to educate pool owners, pool operators, 

21 and other members of the public about the 

22 standards under the swimming pool and spa 

23 safety law and about the prevention of children 

24 using swimming pools and spas from drowning 

25 or becoming entrapped; and 


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1 (C) to defray administrative costs associ2 ated with such training and education pro3 grams. 

4 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to the Commission for 

6 each of fiscal years 2008 through 2012 $10,000,000 to 

7 carry out this section. 

8 SEC. 6. EDUCATION PROGRAM. 

9 (a) IN GENERAL.—The Commission shall establish 

10 and carry out an education program to inform the public 

11 of methods to prevent drowning and entrapment in swim12 ming pools and spas. In carrying out the program, the 

13 Commission shall develop— 

14 (1) educational materials designed for pool 

15 manufacturers, pool service companies, and pool 

16 supply retail outlets; 

17 (2) educational materials designed for pool own18 ers and operators; and 

19 (3) a national media campaign to promote 

20 awareness of pool and spa safety. 

21 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the Commission for 

23 each of fiscal years 2008 through 2012 $5,000,000 to 

24 carry out the education program authorized by subsection 

25 (a). 


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1 SEC. 7. DEFINITIONS. 

2 In this Act: 

3 (1) ASME/ANSI STANDARD.—The term 

4 ‘‘ASME/ANSI standard’’ means a safety standard 

5 accredited by the American National Standards In6 stitute and published by the American Society of 

7 Mechanical Engineers. 

8 (2) ASTM STANDARD.—The term ‘‘ASTM 

9 standard’’ means a safety standard issued by ASTM 

10 International, formerly known as the American Soci11 ety for Testing and Materials. 

12 (3) BARRIER.—The term ‘‘barrier’’ includes a 

13 natural or constructed topographical feature that 

14 prevents unpermitted access to a swimming pool, 

15 and, with respect to a hot tub, a lockable cover. 

16 (4) COMMISSION.—The term ‘‘Commission’’ 

17 means the Consumer Product Safety Commission. 

18 (5) MAIN DRAIN.—The term ‘‘main drain’’ 

19 means a submerged suction outlet typically located 

20 at the bottom of a pool or spa to conduct water to 

21 a re-circulating pump. 

22 (6) NEW POOL.—The term ‘‘new pool’’ means 

23 a pool constructed more than 180 days after the ef24 fective date of a State statute enacted or amended 

25 after the date of enactment of this Act to establish 

26 State minimum swimming pool and spa safety 


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1 standards that meet the recommended standards 

2 promulgated by the Commission under section 4. 

3 (7) SAFETY VACUUM RELEASE SYSTEM.—The 

4 term ‘‘safety vacuum release system’’ means a vacu5 um release system capable of providing vacuum re6 lease at a suction outlet caused by a high vacuum 

7 occurrence due to a suction outlet flow blockage. 

8 (8) UNBLOCKABLE DRAIN.—The term 

9 ‘‘unblockable drain’’ means a drain of any size and 

10 shape that a human body cannot sufficiently block 

11 to create a suction entrapment hazard. 

12 (9) SUCTION OUTLET DRAIN COVER.—The term 

13 ‘‘suction outlet drain cover’’ means a drain cover 

14 which is designed to help prevent mechanical, body 

15 and hair entrapment and evisceration. 

16 (10) SWIMMING POOL; SPA.—The term ‘‘swim17 ming pool’’ or ‘‘spa’’ means any outdoor or indoor 

18 structure intended for swimming or recreational 

19 bathing, including in-ground and above-ground 

20 structures, and includes hot tubs, spas, portable 

21 spas, and non-portable wading pools. 

22 SEC. 8. CPSC REPORTS. 

23 (a) RULEMAKING PROGRESS.—The Commission shall 

24 report to the Senate Committee on Commerce, Science, 

25 and Transportation and the House of Representatives 


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1 Committee on Energy and Commerce within 1 year after 

2 the date of enactment of this Act on its progress toward 

3 issuing a final rule under section 4. The Commission shall 

4 include in the report an explanation of its reason for rec5 ommending certain standards over other, alternative 

6 standards. 

7 (b) EFFICACY OF GRANT PROGRAM.—Within 1 year 

8 after the close of each fiscal year for which grants are 

9 made under section 5, the Commission shall submit a re10 port to the Congress evaluating the effectiveness of the 

11 grant program authorized by that section. 

12 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

13 (a) SHORT TITLE.—This Act may be cited as the ‘‘Pool 

14 and Spa Safety Act’’. 

15 (b) TABLE OF CONTENTS.—The table of contents for 

16 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. 

17 SEC. 2. FINDINGS. 

18 The Congress finds that— 

19 (1) of injury-related deaths, drowning is the sec20 ond leading cause of death in children aged 1 to 14 

21 in the United States; 


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1 (2) many children die due to pool and spa 

2 drowning and entrapment, such as Virginia Graeme 

3 Baker, who at age 7 drowned by entrapment in a res4 idential spa; 

5 (3) in 2003, 782 children ages 14 and under 

6 died as a result of unintentional drowning; 

7 (4) adult supervision at all aquatic venues is a 

8 critical safety factor in preventing children from 

9 drowning; and 

10 (5) research studies show that the installation 

11 and proper use of barriers or fencing, as well as addi12 tional layers of protection, could substantially reduce 

13 the number of childhood residential swimming pool 

14 drownings and near drownings. 

15 SEC. 3. FEDERAL SWIMMING POOL AND SPA DRAIN COVER 

16 STANDARD. 

17 (a) CONSUMER PRODUCT SAFETY RULE.—The provi18 sions of subsection (b) shall be considered to be a consumer 

19 product safety rule issued by the Consumer Product Safety 

20 Commission under section 9 of the Consumer Product Safe21 ty Act (15 U.S.C. 2058). 

22 (b) DRAIN COVER STANDARD.—Effective 1 year after 

23 the date of enactment of this Act, each swimming pool or 

24 spa drain cover manufactured, distributed, or entered into 

25 commerce in the United States shall conform to the entrapVerDate Aug 31 2005 04:09 Oct 01, 2006 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6203 E:\BILLS\S3718.RS S3718

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1 ment protection standards of the ASME/ANSI A112.19.8 

2 performance standard, or any successor standard regulating 

3 the same. 

4 SEC. 4. STATE SWIMMING POOL SAFETY GRANT PROGRAM. 

5 (a) IN GENERAL.—Subject to the availability of appro6 priations authorized by subsection (e), the Commission shall 

7 establish a grant program to provide assistance to eligible 

8 States. 

9 (b) ELIGIBILITY.—To be eligible for a grant under the 

10 program, a State shall— 

11 (1) demonstrate to the satisfaction of the Com12 mission that it has a State statute, or that, after the 

13 date of enactment of this Act, it has enacted a statute, 

14 or amended an existing statute, and provides for the 

15 enforcement of, a law that— 

16 (A) except as provided in section 

17 5(a)(1)(A)(i), applies to all swimming pools in 

18 the State; and 

19 (B) meets the minimum State law require20 ments of section 5; and 

21 (2) submit an application to the Commission at 

22 such time, in such form, and containing such addi23 tional information as the Commission may require. 


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1 (c) AMOUNT OF GRANT.—The Commission shall deter2 mine the amount of a grant awarded under this Act, and 

3 shall consider— 

4 (1) the population and relative enforcement 

5 needs of each qualifying State; and 

6 (2) allocation of grant funds in a manner de7 signed to provide the maximum benefit from the pro8 gram in terms of protecting children from drowning 

9 or entrapment, and, in making that allocation, shall 

10 give priority to States that have not received a grant 

11 under this Act in a preceding fiscal year. 

12 (d) USE OF GRANT FUNDS.—A State receiving a grant 

13 under this section shall use— 

14 (1) at least 50 percent of amount made available 

15 to hire and train enforcement personnel for imple16 mentation and enforcement of standards under the 

17 State swimming pool and spa safety law; and 

18 (2) the remainder— 

19 (A) to educate pool construction and instal20 lation companies and pool service companies 

21 about the standards; 

22 (B) to educate pool owners, pool operators, 

23 and other members of the public about the stand24 ards under the swimming pool and spa safety 

25 law and about the prevention of drowning or enVerDate Aug 31 2005 04:09 Oct 01, 2006 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\S3718.RS S3718

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1 trapment of children using swimming pools and 

2 spas; and 

3 (C) to defray administrative costs associ4 ated with such training and education programs. 

5 (e) AUTHORIZATION OF APPROPRIATIONS.—There are 

6 authorized to be appropriated to the Commission for each 

7 of fiscal years 2008 through 2012 $10,000,000 to carry out 

8 this section, such sums to remain available until expended. 

9 SEC. 5. MINIMUM STATE LAW REQUIREMENTS. 

10 (a) IN GENERAL.— 

11 (1) SAFETY STANDARDS.—A State meets the 

12 minimum State law requirements of this section if— 

13 (A) the State requires by statute— 

14 (i) the enclosure of all residential pools 

15 and spas by barriers to entry that will effec16 tively prevent small children from gaining 

17 unsupervised and unfettered access to the 

18 pool or spa; 

19 (ii) that all pools and spas be equipped 

20 with devices and systems designed to pre21 vent entrapment by pool or spa drains; 

22 (iii) that pools and spas built more 

23 than 1 year after the date of enactment of 

24 such statute have— 

25 (I) more than 1 drain; 


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1 (II) 1 or more unblockable drains; 

2 or 

3 (III) no main drain; and 

4 (iv) every swimming pool and spa that 

5 has a main drain, other than an 

6 unblockable drain, be equipped with a drain 

7 cover that meets the consumer product safe8 ty standard established by section 3; and 

9 (B) the State meets such additional State 

10 law requirements for pools and spas as the Com11 mission may establish after public notice and a 

12 30-day public comment period. 

13 (2) USE OF MINIMUM STATE LAW REQUIRE14 MENTS.—The Commission— 

15 (A) shall use the minimum State law re16 quirements under paragraph (1) solely for the 

17 purpose of determining the eligibility of a State 

18 for a grant under section 4 of this Act; and 

19 (B) may not enforce any requirement under 

20 paragraph (1) except for the purpose of deter21 mining the eligibility of a State for a grant 

22 under section 4 of this Act. 

23 (3) REQUIREMENTS TO REFLECT NATIONAL PER24 FORMANCE STANDARDS AND COMMISSION GUIDEVerDate Aug 31 2005 04:09 Oct 01, 2006 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\S3718.RS S3718

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1 LINES.—In establishing minimum State law require2 ments under paragraph (1), the Commission shall— 

3 (A) consider current or revised national 

4 performance standards on pool and spa barrier 

5 protection and entrapment prevention; and 

6 (B) ensure that any such requirements are 

7 consistent with the guidelines contained in the 

8 Commission’s publication 362, entitled ‘‘Safety 

9 Barrier Guidelines for Home Pools’’, the Com10 mission’s publication entitled ‘‘Guidelines for 

11 Entrapment Hazards: Making Pools and Spas 

12 Safer’’, and any other pool safety guidelines es13 tablished by the Commission. 

14 (b) STANDARDS.—Nothing in this section prevents the 

15 Commission from promulgating standards regulating pool 

16 and spa safety or from relying on an applicable national 

17 performance standard. 

18 (c) BASIC ACCESS-RELATED SAFETY DEVICES AND

19 EQUIPMENT REQUIREMENTS TO BE CONSIDERED.—In es20 tablishing minimum State law requirements for swimming 

21 pools and spas under subsection (a)(1), the Commission 

22 shall consider the following requirements: 

23 (1) COVERS.—A safety pool cover. 


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1 (2) GATES.—A gate with direct access to the 

2 swimming pool that is equipped with a self-closing, 

3 self-latching device. 

4 (3) DOORS.—Any door with direct access to the 

5 swimming pool that is equipped with an audible alert 

6 device or alarm which sounds when the door is 

7 opened. 

8 (4) POOL ALARM.—A device designed to provide 

9 rapid detection of an entry into the water of a swim10 ming pool or spa. 

11 (d) ENTRAPMENT, ENTANGLEMENT, AND EVISCERA12 TION PREVENTION STANDARDS TO BE REQUIRED.— 

13 (1) IN GENERAL.—In establishing additional 

14 minimum State law requirements for swimming pools 

15 and spas under subsection (a)(1), the Commission 

16 shall require, at a minimum, 1 or more of the fol17 lowing (except for pools constructed without a single 

18 main drain): 

19 (A) SAFETY VACUUM RELEASE SYSTEM.—A 

20 safety vacuum release system which ceases oper21 ation of the pump, reverses the circulation flow, 

22 or otherwise provides a vacuum release at a suc23 tion outlet when a blockage is detected, that has 

24 been tested by an independent third party and 


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1 found to conform to ASME/ANSI standard 

2 A112.19.17 or ASTM standard F2387. 

3 (B) SUCTION-LIMITING VENT SYSTEM.—A 

4 suction-limiting vent system with a tamper-re5 sistant atmospheric opening. 

6 (C) GRAVITY DRAINAGE SYSTEM.—A grav7 ity drainage system that utilizes a collector tank. 

8 (D) AUTOMATIC PUMP SHUT-OFF SYSTEM.— 

9 An automatic pump shut-off system. 

10 (E) DRAIN DISABLEMENT.—A device or sys11 tem that disables the drain. 

12 (F) OTHER SYSTEMS.—Any other system 

13 determined by the Commission to be equally ef14 fective as, or better than, the systems described in 

15 subparagraphs (A) through (E) of this para16 graph at preventing or eliminating the risk of 

17 injury or death associated with pool drainage 

18 systems. 

19 (2) APPLICABLE STANDARDS.—Any device or 

20 system described in subparagraphs (B) through (E) of 

21 paragraph (1) shall meet the requirements of any 

22 ASME/ANSI or ASTM performance standard if there 

23 is such a standard for such a device or system, or any 

24 applicable consumer product safety standard. 


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1 SEC. 6. EDUCATION PROGRAM. 

2 (a) IN GENERAL.—The Commission shall establish and 

3 carry out an education program to inform the public of 

4 methods to prevent drowning and entrapment in swimming 

5 pools and spas. In carrying out the program, the Commis6 sion shall develop— 

7 (1) educational materials designed for pool man8 ufacturers, pool service companies, and pool supply 

9 retail outlets; 

10 (2) educational materials designed for pool own11 ers and operators; and 

12 (3) a national media campaign to promote 

13 awareness of pool and spa safety. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

15 authorized to be appropriated to the Commission for each 

16 of fiscal years 2008 through 2012 $5,000,000 to carry out 

17 the education program authorized by subsection (a). 

18 SEC. 7. DEFINITIONS. 

19 In this Act: 

20 (1) ASME/ANSI STANDARD.—The term ‘‘ASME/ 

21 ANSI standard’’ means a safety standard accredited 

22 by the American National Standards Institute and 

23 published by the American Society of Mechanical En24 gineers. 

25 (2) ASTM STANDARD.—The term ‘‘ASTM stand26 ard’’ means a safety standard issued by ASTM InterVerDate Aug 31 2005 04:09 Oct 01, 2006 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6203 E:\BILLS\S3718.RS S3718

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1 national, formerly known as the American Society for 

2 Testing and Materials. 

3 (3) BARRIER.—The term ‘‘barrier’’ includes a 

4 natural or constructed topographical feature that pre5 vents unpermitted access by children to a swimming 

6 pool, and, with respect to a hot tub, a lockable cover. 

7 (4) COMMISSION.—The term ‘‘Commission’’ 

8 means the Consumer Product Safety Commission. 

9 (5) MAIN DRAIN.—The term ‘‘main drain’’ 

10 means a submerged suction outlet typically located at 

11 the bottom of a pool or spa to conduct water to a re12 circulating pump. 

13 (6) SAFETY VACUUM RELEASE SYSTEM.—The 

14 term ‘‘safety vacuum release system’’ means a vacuum 

15 release system capable of providing vacuum release at 

16 a suction outlet caused by a high vacuum occurrence 

17 due to a suction outlet flow blockage. 

18 (7) UNBLOCKABLE DRAIN.—The term 

19 ‘‘unblockable drain’’ means a drain of any size and 

20 shape that a human body cannot sufficiently block to 

21 create a suction entrapment hazard. 

22 (8) SWIMMING POOL; SPA.—The term ‘‘swim23 ming pool’’ or ‘‘spa’’ means any outdoor or indoor 

24 structure intended for swimming or recreational bath25 ing, including in-ground and above-ground strucVerDate Aug 31 2005 04:09 Oct 01, 2006 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6203 E:\BILLS\S3718.RS S3718

jcorcoran on PRODPC62 with BILLS
25 

•S 3718 RS 

1 tures, and includes hot tubs, spas, portable spas, and 

2 non-portable wading pools. 

3 SEC. 8. CPSC REPORT. 

4 Within 1 year after the close of each fiscal year for 

5 which grants are made under section 4, the Commission 

6 shall submit a report to the Congress evaluating the effec7 tiveness of the grant program authorized by that section. 


jcorcoran on PRODPC62 with BILLS
Calendar No. 654 

109TH CONGRESS 

2D SESSION S. 3718 

[Report No. 109

–357] 

A BILL 

To increase the safety of swimming pools and spas 

other purposes. cate the public about pool and spa safety, and for prove their pool and spa safety laws and to eduSafety Commission to encourage States to improgram administered by the Consumer Product by establishing a swimming pool safety grant drain covers and pool and spa drainage systems, by requiring the use of proper anti-entrapment 

SEPTEMBER 29, 2006 

Reported with an amendment 


jcorcoran on PRODPC62 with BILLS