§ 8005. Minimum State law requirements

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2007

   Virginia Graeme Baker Pool and Spa Safety Act

   Pub. L. 110–140 title XIV § 1406 · 121 Stat. 1492

   Enacted · 15 U.S.C. § 8005

   Pub. L. 110–140, title XIV, § 1406, Dec. 19, 2007, 121 Stat. 1797

   Source evidence

   Code source credit
   Pub. L. 110–140, title XIV, § 1406, Dec. 19, 2007, 121 Stat. 1797

   Enacted provision · exact public law section
   SEC. 1406. 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; (iii) that pools and spas built more than 1 year after the date of the enactment of such statute have— (I) more than 1 drain; (II) 1 or more unblockable drains; or (III) no main drain; (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 1404; and (v) that periodic notification is provided to owners of residential swimming pools or spas about compliance with the entrapment protection standards of the ASME/ANSI A112.19.8 performance standard, or any successor standard; 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) No liability inference associated with state notification requirement.— The minimum State law notification requirement under paragraph (1)(A)(v) shall not be construed to imply any liability on the part of a State related to that requirement. (3) 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 1405 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 1405 of this Act. (4) 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 or spa that is equipped with a self-closing, self-latching device. (3) Doors.— Any door with direct access to the swimming pool or spa 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, or any successor standard. (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) Drain disablement.— A device or system that disables the drain. (F) 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.

2. 2014

   Commerce, Justice, Science, and Related Agencies Appropriations Act, 2014

   Pub. L. 113–76 § 501(2)(A) · 128 Stat. 5

   1. Inserted · 15 U.S.C. § 8005(a)(1)(A)

      Pub. L. 113–76, § 501(2)(A), inserted “and” at end of cl. (i)

   2. Redesignated · 15 U.S.C. § 8005(a)(1)(A)

      Pub. L. 113–76, § 501(2)(A), redesignated cl. (iii) as (ii)

   3. Inserted · 15 U.S.C. § 8005(a)(1)(A)

      Pub. L. 113–76, § 501(2)(A), inserted “and” at end

   4. Struck · 15 U.S.C. § 8005(a)(1)(A)

      Pub. L. 113–76, § 501(2)(A), struck out former cl. (ii) and cls. (iv) and (v) which read as follows:

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 113–76, § 501(2)(A), inserted “and” at end of cl. (i), redesignated cl. (iii) as (ii) and inserted “and” at end, and struck out former cl. (ii) and cls. (iv) and (v) which read as follows:

   “(ii) that all pools and spas be equipped with devices and systems designed to prevent entrapment by pool or spa drains; “(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 8003 of this title; and “(v) that periodic notification is provided to owners of residential swimming pools or spas about compliance with the entrapment protection standards of the ASME/ANSI A112.19.8 performance standard, or any successor standard; and”.

   Enacted provision · exact public law section
   Sec. 501. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress.

3. 2014

   Commerce, Justice, Science, and Related Agencies Appropriations Act, 2014

   Pub. L. 113–76 § 501(2)(B) · 128 Stat. 5

   1. Redesignated · 15 U.S.C. § 8005(a)(2)(4)

      Pub. L. 113–76, § 501(2)(B), (C), redesignated pars. (3) and (4) as (2) and (3), respectively

   2. Substituted · 15 U.S.C. § 8005(a)(2)(4)

      Pub. L. 113–76, § 501(2)(B), (C), substituted “paragraph (1)(B)” for “paragraph (1)” in introductory provisions of par. (3)

   3. Struck · 15 U.S.C. § 8005(a)(2)(4)

      Pub. L. 113–76, § 501(2)(B), (C), struck out former par. (2) which read as follows: “The minimum State law notification requirement under paragraph (1)(A)(v) shall not be construed to imply any liability on the part of a State related to that requirement.”

   Source evidence

   Code amendment note
   Subsec. (a)(2) to (4). Pub. L. 113–76, § 501(2)(B), (C), redesignated pars. (3) and (4) as (2) and (3), respectively, substituted “paragraph (1)(B)” for “paragraph (1)” in introductory provisions of par. (3), and struck out former par. (2) which read as follows: “The minimum State law notification requirement under paragraph (1)(A)(v) shall not be construed to imply any liability on the part of a State related to that requirement.”

   Enacted provision · exact public law section
   Sec. 501. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress.

4. 2022

   Energy and Water Development and Related Agencies Appropriations Act, 2023

   Pub. L. 117–328 § 402(b)(1) · 136 Stat. 4459

   Substituted · 15 U.S.C. § 8005(a)(2)

   Pub. L. 117–328, § 402(b)(1), substituted “the eligibility of a covered entity” for “the eligibility of a State” in subpars. (A) and (B)

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 117–328, § 402(b)(1), substituted “the eligibility of a covered entity” for “the eligibility of a State” in subpars. (A) and (B).

   Enacted provision · exact public law section
   (1) The Nuclear Regulatory Commission may waive the notification requirement in subsection (a) if compliance with such requirement would pose a substantial risk to human health, the environment, welfare, or national security.

5. 2022

   Energy and Water Development and Related Agencies Appropriations Act, 2023

   Pub. L. 117–328 § 402(b)(2) · 136 Stat. 4459

   Added · 15 U.S.C. § 8005(e)

   Pub. L. 117–328, § 402(b)(2), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 117–328, § 402(b)(2), added subsec. (e).

   Enacted provision · exact public law section
   (2) The Nuclear Regulatory Commission shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Reports. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver and shall provide a detailed report to the Committees of such waiver and changes to funding levels to programs, projects, or activities.

10 of 10 references resolved to an enrolled provision