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Klobuchar Pool Safety Amendments Pass the Senate

Senate enacts the "Virginia Graeme Baker Pool and Spa Safety Act of 2007" Legislation will avert Abigail Taylor tragedies in the future 'Little girl's courage became an inspiration for change in Washington'

December 13, 2007

Washington, D.C. – Today, as part of the Senate Energy Bill, the U.S. Senate passed the “Virginia Graeme Baker Pool and Spa Safety Act of 2007” to reduce hazards posed by dangerous swimming pool drains. The legislation includes key amendments authored by Senator Klobuchar, which ensure that stronger safety standards will apply to both new and existing pools.  Klobuchar also succeeded in including language that ensures pools have additional safety measures to eliminate the risk of injury or death from entrapment.

“This is strong legislation that will make sure no more innocent children are hurt enjoying a day at the pool,” said Klobuchar. “An accident can change someone’s life forever. Parents shouldn’t have to worry about their children getting stuck in a drain when they go to the local pool.”

Senator Mark Pryor, Chairman of the Consumer Affairs Subcommittee of the Senate Commerce Committee, commended Klobuchar’s work, “We can’t stand idly by, especially when the solution to install safe drain covers is so obvious and simple,” Pryor said. “I appreciate Senator Klobuchar’s unyielding efforts to enhance pool safety and help protect kids from preventable accidents.”

In the summer of 2007, six-year-old Abigail Taylor of Edina, Minnesota was severely injured at a wading pool in St. Louis Park when she accidentally sat over an open drain hole who cover had come loose or been removed. The drain’s powerful suction force tore out most of her small intestines.

Abigail was hospitalized for weeks and underwent several surgeries.  She is expected to need a feeding tube for the rest of her life.

Klobuchar has been spoken with Abigail’s parents several times since the tragedy.

“Abbey is an amazing little girl, and the Taylor family has such a positive spirit,” said Klobuchar.  “Their work to help make this legislation happen, and willingness to speak out to so we can prevent incidents like this from occurring to other children in the future has been an inspiration.”

Klobuchar added:  “This little girl’s courage has now become an inspiration for change in Washington.”

In 2005, the U.S. Consumer Product Safety Commission issued a report saying that, since 1990, at least 130 people (mostly children) have been entrapped by the suction force of pool and spa drains, resulting in 27 deaths and many more emergency room visits and hospitalizations.

The legislation is named the “Virginia Graeme Baker Pool and Spa Safety Act” in memory of the seven-year-old granddaughter of former U.S. Secretary of State James Baker.  Five years ago, she drowned in a hot tub at a graduation party when the drain’s powerful suction trapped her underwater.  It took two adults to pry her body free from the drain.

Co-sponsored with Senators Mark Pryor (D-AR), Chris Dodd (D-CT) and Ted Stevens (R-AK), the legislation will:
- Prohibit the manufacture, sale or distribution of drain covers that do not meet anti-entrapment safety standards established by the U.S. Consumer Product Safety Commission. 
- Create an incentive grant program for states to adopt comprehensive pool safety laws requiring certain safety devices in swimming pools to protect children.
- Establish a National Drowning Prevention Program within the Consumer Product Safety Commission.
- Require public pools to incorporate anti-entrapment drain covers and other layers of protection.

In the original bill, the new safety standards applied only to new pools.  In Commerce Committee action last July, Klobuchar secured passage of her amendment extending the new safety standards to existing public pools, including those at apartment complexes, fitness clubs and other sites intended for multiple users.

This fall, Klobuchar successfully added language that will require additional layers of protection for public pools, such as simple technology to shut off pool suction when a drain is blocked.

Klobuchar has worked on this bipartisan legislation with Congressman Jim Ramstad (R-MN) and proponents on the House Energy and Commerce Committee.

“There’s a saying that when an accident happens that could have been reasonably prevented, it’s not really an accident at all, it’s actually a failure,” said Klobuchar.  “In the case of injuries and deaths caused by pool entrapment, it’s not a failure by children or their parents. It’s a failure of our safety laws, which means it’s within our power to correct with reasonable measures like those in this legislation.”

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