I 

110TH CONGRESS 

1ST SESSION H. R. 1721 

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 

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. 


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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 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— 

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

11 second leading cause of death in children aged 1 to 

12 14 in the United States; 

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

14 drowning and entrapment, such as Virginia Graeme 

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

16 residential spa, and Preston de Ibern, who at age 5 

17 nearly drowned and was left permanently brain dam18 aged, finally succumbing to his catastrophic 

19 healthcare issues when he was 12 years old; 

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

21 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 DRAIN COVER 

10 STANDARD. 

11 (a) CONSUMER PRODUCT SAFETY RULE.—The pro12 visions of subsection (b) shall be considered to be a con13 sumer product safety rule issued by the Consumer Product 

14 Safety Commission under section 9 of the Consumer Prod15 uct Safety Act (15 U.S.C. 2058). 

16 (b) DRAIN COVER STANDARD.—Effective 1 year 

17 after the date of enactment of this Act, each swimming 

18 pool or spa drain cover manufactured, distributed, or en19 tered into commerce in the United States shall conform 

20 to the entrapment protection standards of the ASME/ 

21 ANSI A112.19.8 performance standard, or any successor 

22 standard regulating the same. 

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

24 (a) IN GENERAL.—Subject to the availability of ap25 propriations authorized by subsection (e), the Commission 


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1 shall establish a grant program to provide assistance to 

2 eligible States. 

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

4 the program, a State shall— 

5 (1) demonstrate to the satisfaction of the Com6 mission that it has a State statute, or that, after the 

7 date of enactment of this Act, it has enacted a stat8 ute, or amended an existing statute, that provides 

9 for the enforcement of a law that— 

10 (A) except as provided in section 

11 5(a)(1)(A)(i), applies to all swimming pools in 

12 the State; and 

13 (B) meets the minimum State law require14 ments of section 5; and 

15 (2) submit an application to the Commission at 

16 such time, in such form, and containing such addi17 tional information as the Commission may require. 

18 (c) AMOUNT OF GRANT.—The Commission shall de19 termine the amount of a grant awarded under this Act, 

20 and shall consider— 

21 (1) the population and relative enforcement 

22 needs of each qualifying State; and 

23 (2) allocation of grant funds in a manner de24 signed to provide the maximum benefit from the 

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1 ing or entrapment, and, in making that allocation, 

2 shall give priority to States that have not received 

3 a grant under this Act in a preceding fiscal year. 

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

5 grant under this section shall use— 

6 (1) at least 50 percent of amount made avail7 able to hire and train enforcement personnel for im8 plementation and enforcement of standards under 

9 the State swimming pool and spa safety law; and 

10 (2) the remainder— 

11 (A) to educate pool construction and in12 stallation companies and pool service companies 

13 about the standards; 

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

15 and other members of the public about the 

16 standards under the swimming pool and spa 

17 safety law and about the prevention of drown18 ing or entrapment of children using swimming 

19 pools and spas; and 

20 (C) to defray administrative costs associ21 ated with such training and education pro22 grams. 

23 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to the Commission for 

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


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1 carry out this section, such sums to remain available until 

2 expended. 

3 SEC. 5. MINIMUM STATE LAW REQUIREMENTS. 

4 (a) IN GENERAL.— 

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

6 minimum State law requirements of this section if— 

7 (A) the State requires by statute— 

8 (i) the enclosure of all residential 

9 pools and spas by barriers to entry that 

10 will effectively prevent small children from 

11 gaining unsupervised and unfettered access 

12 to the pool or spa; 

13 (ii) that all pools and spas be 

14 equipped with devices and systems de15 signed to prevent entrapment by pool or 

16 spa drains; 

17 (iii) that pools and spas built more 

18 than 1 year after the date of enactment of 

19 such statute have— 

20 (I) more than 1 drain per cir21 culation pump; 

22 (II) 1 or more unblockable drains 

23 per circulation pump; or 

24 (III) no main drain; and 


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1 (iv) every swimming pool and spa that 

2 has a main drain, other than an 

3 unblockable drain, be equipped with a 

4 drain cover that meets the consumer prod5 uct safety standard established by section 

6 3; and 

7 (B) the State meets such additional State 

8 law requirements for pools and spas as the 

9 Commission may establish after public notice 

10 and a 30-day public comment period. 

11 (2) USE OF MINIMUM STATE LAW REQUIRE12 MENTS.—The Commission— 

13 (A) shall use the minimum State law re14 quirements under paragraph (1) solely for the 

15 purpose of determining the eligibility of a State 

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

17 (B) may not enforce any requirement 

18 under paragraph (1) except for the purpose of 

19 determining the eligibility of a State for a grant 

20 under section 4 of this Act. 

21 (3) REQUIREMENTS TO REFLECT NATIONAL

22 PERFORMANCE STANDARDS AND COMMISSION

23 GUIDELINES.—In establishing minimum State law 

24 requirements under paragraph (1), the Commission 

25 shall— 


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1 (A) consider current or revised national 

2 performance standards on pool and spa barrier 

3 protection and entrapment prevention; and 

4 (B) ensure that any such requirements are 

5 consistent with the guidelines contained in the 

6 Commission’s publication 362, entitled ‘‘Safety 

7 Barrier Guidelines for Home Pools’’, the Com8 mission’s publication entitled ‘‘Guidelines for 

9 Entrapment Hazards: Making Pools and Spas 

10 Safer’’, and any other pool safety guidelines es11 tablished by the Commission. 

12 (b) STANDARDS.—Nothing in this section prevents 

13 the Commission from promulgating standards regulating 

14 pool and spa safety or from relying on an applicable na15 tional performance standard. 

16 (c) BASIC ACCESS-RELATED SAFETY DEVICES AND

17 EQUIPMENT REQUIREMENTS TO BE CONSIDERED.—In 

18 establishing minimum State law requirements for swim19 ming pools and spas under subsection (a)(1), the Commis20 sion shall consider the following requirements: 

21 (1) COVERS.—A safety pool cover. 

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

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

24 self-latching device. 


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

2 swimming pool that is equipped with an audible alert 

3 device or alarm which sounds when the door is 

4 opened. 

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

6 rapid detection of an entry into the water of a swim7 ming pool or spa. 

8 (d) ENTRAPMENT, ENTANGLEMENT, AND EVISCERA9 TION PREVENTION STANDARDS TO BE REQUIRED.— 

10 (1) IN GENERAL.—In establishing additional 

11 minimum State law requirements for swimming 

12 pools and spas under subsection (a)(1), the Commis13 sion shall require, at a minimum, 1 or more of the 

14 following (except for pools constructed without a 

15 main drain): 

16 (A) SAFETY VACUUM RELEASE SYSTEM.— 

17 A safety vacuum release system which ceases 

18 operation of the pump, reverses the circulation 

19 flow, or otherwise provides a vacuum release at 

20 a suction outlet when a blockage is detected, 

21 that has been tested by an independent third 

22 party and found to conform to ASME/ANSI 

23 standard A112.19.17 or ASTM standard 

24 F2387. 


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

2 suction-limiting vent system with a tamper-re3 sistant atmospheric opening. 

4 (C) GRAVITY DRAINAGE SYSTEM.—A grav5 ity drainage system that utilizes a collector 

6 tank. 

7 (D) AUTOMATIC PUMP SHUT-OFF SYS8 TEM.—An automatic pump shut-off system. 

9 (E) OTHER SYSTEMS.—Any other system 

10 determined by the Commission to be equally ef11 fective as, or better than, the systems described 

12 in subparagraphs (A) through (E) of this para13 graph at preventing or eliminating the risk of 

14 injury or death associated with pool drainage 

15 systems. 

16 (2) APPLICABLE STANDARDS.—Any device or 

17 system described in subparagraphs (B) through (E) 

18 of paragraph (1) shall meet the requirements of any 

19 ASME/ANSI or ASTM performance standard if 

20 there is such a standard for such a device or system, 

21 or any applicable consumer product safety standard. 

22 SEC. 6. EDUCATION PROGRAM. 

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

24 and carry out an education program to inform the public 

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1 ming pools and spas. In carrying out the program, the 

2 Commission shall develop— 

3 (1) educational materials designed for pool 

4 manufacturers, pool service companies, and pool 

5 supply retail outlets; 

6 (2) educational materials designed for pool own7 ers and operators; and 

8 (3) a national media campaign to promote 

9 awareness of pool and spa safety. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Commission for 

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

13 carry out the education program authorized by subsection 

14 (a). 

15 SEC. 7. DEFINITIONS. 

16 In this Act: 

17 (1) ASME/ANSI STANDARD.—The term 

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

19 accredited by the American National Standards In20 stitute and published by the American Society of 

21 Mechanical Engineers. 

22 (2) ASTM STANDARD.—The term ‘‘ASTM 

23 standard’’ means a safety standard issued by ASTM 

24 International, formerly known as the American Soci25 ety for Testing and Materials. 


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

2 fence, dwelling wall, or nondwelling wall, or any 

3 combination thereof, which completely surrounds the 

4 swimming pool and obstructs access to the swim5 ming pool, especially access from the residence or 

6 from the yard outside the barrier. A wall of a dwell7 ing may service as part of the barrier if it does not 

8 contain any door or window that opens to provide 

9 access to the swimming pool. 

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

11 means the Consumer Product Safety Commission. 

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

13 means a submerged suction outlet typically located 

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

15 a re-circulating pump. 

16 (6) SAFETY VACUUM RELEASE SYSTEM.—The 

17 term ‘‘safety vacuum release system’’ means a vacu18 um release system capable of providing vacuum re19 lease at a suction outlet caused by a high vacuum 

20 occurrence due to a suction outlet flow blockage. 

21 (7) UNBLOCKABLE DRAIN.—The term 

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

23 shape that a human body cannot sufficiently block 

24 to create a suction entrapment hazard. 


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1 (8) SWIMMING POOL; SPA.—The term ‘‘swim2 ming pool’’ or ‘‘spa’’ means any outdoor or indoor 

3 structure intended for swimming or recreational 

4 bathing, including in-ground and above-ground 

5 structures, and includes hot tubs, spas, portable 

6 spas, and non-portable wading pools. 

7 SEC. 8. CPSC REPORT. 

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

9 which grants are made under section 4, the Commission 

10 shall submit a report to the Congress evaluating the effec11 tiveness of the grant program authorized by that section. 

Æ 


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