IB 

Union Calendar No. 226 

110TH CONGRESS 

1ST SESSION H. R. 1721 

[Report No. 110–365] 

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 HOUSE OF REPRESENTATIVES 

MARCH 27, 2007 

Ms. WASSERMAN SCHULTZ (for herself, Mr. WOLF, Mr. CLYBURN, Mr. 

GRIJALVA, Mr. WEXLER, Mr. SCHIFF, Mr. MOORE of Kansas, Mr. 

HASTINGS of Florida, Mr. KING of New York, Ms. BEAN, Mr. KLEIN of 

Florida, Mr. MAHONEY of Florida, Mr. BISHOP of New York, Mr. KLINE

of Minnesota, Mr. THOMPSON of California, and Mr. CANNON) introduced 

the following bill; which was referred to the Committee on Energy and 

Commerce 

OCTOBER 9, 2007 

Additional sponsors: Mr. HILL, Mr. BARROW, Mr. CARTER, Mrs. MCCARTHY

of New York, Ms. JACKSON-LEE of Texas, Mr. MATHESON, Mr. 

BUTTERFIELD, Mr. WEINER, Mr. RAMSTAD, Mr. PAYNE, Mr. KENNEDY, 

Ms. MCCOLLUM of Minnesota, Mr. GORDON of Tennessee, Mr. COOPER, 

Mr. BUCHANAN, Mr. BURGESS, and Mr. DELAHUNT

OCTOBER 9, 2007 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 


bajohnson on PROD1PC71 with BILLS
2 

•HR 1721 RH

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

[For text of introduced bill, see copy of bill as introduced on March 27, 2007] 

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. 

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 ‘‘Vir5 ginia Graeme Baker 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 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. 

8 SEC. 2. FINDINGS. 

9 The Congress finds that— 


bajohnson on PROD1PC71 with BILLS
3 

•HR 1721 RH

1 (1) of injury-related deaths, drowning is the sec2 ond leading cause of death in children aged 1 to 14 

3 in the United States; 

4 (2) there are approximately 260 drowning deaths 

5 of children younger than age 5 each year in swim6 ming pools, and an estimated 2,725 children are 

7 treated annually in hospital emergency rooms for pool 

8 submersion injuries, mostly in residential pools; 

9 (3) many children die due to pool and spa 

10 drowning and entrapment, such as Virginia Graeme 

11 Baker, who at age 7 drowned by entrapment in a res12 idential spa, and Preston de Ibern, who at age 5 

13 nearly drowned and was left permanently brain dam14 aged, finally succumbing to his catastrophic 

15 healthcare issues when he was 12 years old; 

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

17 critical safety factor in preventing children from 

18 drowning; and 

19 (5) research studies show that the installation 

20 and proper use of barriers or fencing, as well as addi21 tional layers of protection, could substantially reduce 

22 the number of childhood residential swimming pool 

23 drownings and near drownings. 


bajohnson on PROD1PC71 with BILLS
4 

•HR 1721 RH

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

2 STANDARD. 

3 (a) CONSUMER PRODUCT SAFETY RULE.—The provi4 sions of subsection (b) shall be considered to be a consumer 

5 product safety rule issued by the Consumer Product Safety 

6 Commission under section 9 of the Consumer Product Safe7 ty Act (15 U.S.C. 2058). 

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

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

10 spa drain cover manufactured, distributed, or entered into 

11 commerce in the United States shall conform to the entrap12 ment protection standards of the ASME/ANSI A112.19.8 

13 performance standard. 

14 (c) REVISION OF RULE.—If, after the enactment of this 

15 Act, ANSI proposes to revise the entrapment protection re16 quirements of ASME/ANSI A112.19.8, ANSI shall notify 

17 the Consumer Product Safety Commission of the proposed 

18 revision and the proposed revision shall be incorporated in 

19 the consumer product safety rule under subsection (a) un20 less, within 60 days of such notice, the Commission notifies 

21 ANSI that the Commission has determined that such revi22 sion does not carry out the purposes of subsection (b). 

23 (d) IMPLEMENTING REGULATIONS.—Section 553 of 

24 title 5, United States Code, shall apply with respect to the 

25 issuance of any regulations by the Consumer Product Safety 

26 Commission to implement the requirements of this section, 


bajohnson on PROD1PC71 with BILLS
5 

•HR 1721 RH

1 and sections 7 and 9 of the Consumer Product Safety Act 

2 shall not apply to such issuance. 

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

4 (a) IN GENERAL.—Subject to the availability of appro5 priations authorized by subsection (e), the Commission shall 

6 establish a grant program to provide assistance to eligible 

7 States. 

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

9 program, a State shall— 

10 (1) demonstrate to the satisfaction of the Com11 mission that it has a State statute, or that, after the 

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

13 or amended an existing statute, that provides for the 

14 enforcement of a law that— 

15 (A) except as provided in section 

16 5(a)(1)(A)(i), applies to all swimming pools in 

17 the State; and 

18 (B) meets the minimum State law require19 ments of section 5; and 

20 (2) submit an application to the Commission at 

21 such time, in such form, and containing such addi22 tional information as the Commission may require. 

23 (c) AMOUNT OF GRANT.—The Commission shall deter24 mine the amount of a grant awarded under this Act, and 

25 shall consider— 


bajohnson on PROD1PC71 with BILLS
6 

•HR 1721 RH

1 (1) the population and relative enforcement 

2 needs of each qualifying State; and 

3 (2) allocation of grant funds in a manner de4 signed to provide the maximum benefit from the pro5 gram in terms of protecting children from drowning 

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

7 give priority to States that have not received a grant 

8 under this Act in a preceding fiscal year. 

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

10 under this section shall use— 

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

12 to hire and train enforcement personnel for imple13 mentation and enforcement of standards under the 

14 State swimming pool and spa safety law; and 

15 (2) the remainder— 

16 (A) to educate pool construction and instal17 lation companies and pool service companies 

18 about the standards; 

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

20 and other members of the public about the stand21 ards under the swimming pool and spa safety 

22 law and about the prevention of drowning or en23 trapment of children using swimming pools and 

24 spas; and 


bajohnson on PROD1PC71 with BILLS
7 

•HR 1721 RH

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

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There are 

4 authorized to be appropriated to the Commission for each 

5 of fiscal years 2009 through 2013 $5,000,000 to carry out 

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

7 SEC. 5. MINIMUM STATE LAW REQUIREMENTS. 

8 (a) IN GENERAL.— 

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

10 minimum State law requirements of this section if— 

11 (A) the State requires by statute— 

12 (i) the enclosure of all outdoor residen13 tial pools and spas by barriers to entry that 

14 will effectively prevent small children from 

15 gaining unsupervised and unfettered access 

16 to the pool or spa; 

17 (ii) that all pools and spas be equipped 

18 with devices and systems designed to pre19 vent entrapment by pool or spa drains; 

20 (iii) that pools and spas built more 

21 than 1 year after the date of enactment of 

22 such statute have— 

23 (I) more than 1 drain per circula24 tion pump; 


bajohnson on PROD1PC71 with BILLS
8 

•HR 1721 RH

1 (II) 1 or more unblockable drains 

2 per circulation pump; 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 01:56 Oct 11, 2007 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H1721.RH H1721

bajohnson on PROD1PC71 with BILLS
9 

•HR 1721 RH

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. 


bajohnson on PROD1PC71 with BILLS
10 

•HR 1721 RH

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 


bajohnson on PROD1PC71 with BILLS
11 

•HR 1721 RH

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) OTHER SYSTEMS.—Any other system 

11 determined by the Commission to be equally ef12 fective as, or better than, the systems described in 

13 subparagraphs (A) through (E) of this para14 graph at preventing or eliminating the risk of 

15 injury or death associated with pool drainage 

16 systems. 

17 (2) APPLICABLE STANDARDS.—Any device or 

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

19 paragraph (1) shall meet the requirements of any 

20 ASME/ANSI or ASTM performance standard if there 

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

22 applicable consumer product safety standard. 

23 SEC. 6. EDUCATION PROGRAM. 

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

25 carry out an education program to inform the public of 


bajohnson on PROD1PC71 with BILLS
12 

•HR 1721 RH

1 methods to prevent drowning and entrapment in swimming 

2 pools, spas, and ornamental pools. In carrying out the pro3 gram, the Commission shall develop— 

4 (1) educational materials designed for pool man5 ufacturers, pool service companies, and pool supply 

6 retail outlets; 

7 (2) educational materials designed for pool own8 ers and operators; 

9 (3) educational materials designed for orna10 mental pool owners and operators, including munici11 palities; and 

12 (4) 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. 


bajohnson on PROD1PC71 with BILLS
13 

•HR 1721 RH

1 (2) ASTM STANDARD.—The term ‘‘ASTM stand2 ard’’ means a safety standard issued by ASTM Inter3 national, formerly known as the American Society for 

4 Testing and Materials. 

5 (3) BARRIER.—The term ‘‘barrier’’, with respect 

6 to a swimming pool, means a fence, dwelling wall, or 

7 nondwelling wall, or any combination thereof, which 

8 completely surrounds the swimming pool and ob9 structs access to the swimming pool, especially access 

10 from the residence or from the yard outside the bar11 rier. In the case where a wall of a dwelling that con12 tains a door or window serves as part of the barrier, 

13 all doors and windows providing direct access from 

14 the home to the pool must be equipped with an exit 

15 alarm that has a minimum sound pressure rating of 

16 85 dB A at 10 feet. Alarms should meet the require17 ments of UL 2017 General-Purpose Signaling Devices 

18 and Systems, section 77. All doors providing direct 

19 access from the home to the pool must be equipped 

20 with a self-closing, self-latching device with a release 

21 mechanism placed no lower than 54 inches above the 

22 floor. The term ‘‘barrier’’ means, with respect to a 

23 portable hot tub, a lockable cover. 

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

25 means the Consumer Product Safety Commission. 


bajohnson on PROD1PC71 with BILLS
14 

•HR 1721 RH

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

2 means a submerged suction outlet typically located at 

3 the bottom of a pool or spa to conduct water to a re4 circulating pump. 

5 (6) ORNAMENTAL POOL.—The term ‘‘ornamental 

6 pool’’ means a man-made structure designed to 

7 contain water such as a decorative fountain or re8 flecting pool in the ground, partially in the ground, 

9 or in a building, intended primarily for aesthetic 

10 value and not intended for swimming or wading. 

11 (7) SAFETY VACUUM RELEASE SYSTEM.—The 

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

13 release system capable of providing vacuum release at 

14 a suction outlet caused by a high vacuum occurrence 

15 due to a suction outlet flow blockage. 

16 (8) UNBLOCKABLE DRAIN.—The term 

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

18 shape that a human body cannot sufficiently block to 

19 create a suction entrapment hazard. 

20 (9) SWIMMING POOL; SPA.—The term ‘‘swim21 ming pool’’ or ‘‘spa’’ means any outdoor or indoor 

22 structure intended for swimming or recreational bath23 ing, including in-ground and above-ground struc24 tures, and includes hot tubs, spas, portable spas, and 

25 non-portable wading pools. 


bajohnson on PROD1PC71 with BILLS
15 

•HR 1721 RH

1 SEC. 8. CPSC REPORT. 

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

3 which grants are made under section 4, the Commission 

4 shall submit a report to the Congress evaluating the effec5 tiveness of the grant program authorized by that section. 


bajohnson on PROD1PC71 with BILLS
Union Calendar No. 226 

110TH CONGRESS 

1ST SESSION H. R. 1721 

[Report No. 110

–365] 

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 

OCTOBER 9, 2007 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


bajohnson on PROD1PC71 with BILLS