(1) the population and relative enforcement 
needs of each qualifying State; and 
(2) allocation of grant funds in a manner de-
signed to provide the maximum benefit from the pro-
gram in terms of protecting children from drowning 
or entrapment, and, in making that allocation, shall 
give priority to States that have not received a grant 
under this Act in a preceding fiscal year. 
(d) USE OF GRANT FUNDS.—A State receiving a grant 
under this section shall use— 
(1) at least 50 percent of amount made available 
to hire and train enforcement personnel for imple-
mentation and enforcement of standards under the 
State swimming pool and spa safety law; and 
(2) the remainder— 
(A) to educate pool construction and instal-
lation companies and pool service companies 
about the standards; 
(B) to educate pool owners, pool operators, 
and other members of the public about the stand-
ards under the swimming pool and spa safety 
law and about the prevention of drowning or en-
trapment of children using swimming pools and 
spas; and 
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(C) to defray administrative costs associ-
ated with such training and education programs. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Commission for each 
of fiscal years 2009 through 2013 $5,000,000 to carry out 
this section, such sums to remain available until expended. 
SEC. 5. 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 residen-
tial 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 pre-
vent entrapment by pool or spa drains; 
(iii) that pools and spas built more 
than 1 year after the date of enactment of 
such statute have— 
(I) more than 1 drain per circula-
tion pump; 
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(II) 1 or more unblockable drains 
per circulation pump; or 
(III) no main drain; and 
(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 safe-
ty standard established by section 3; and 
(B) the State meets such additional State 
law requirements for pools and spas as the Com-
mission may establish after public notice and a 
30-day public comment period. 
(2) USE
OF
MINIMUM
STATE
LAW
REQUIRE-
MENTS.—The Commission— 
(A) shall use the minimum State law re-
quirements under paragraph (1) solely for the 
purpose of determining the eligibility of a State 
for a grant under section 4 of this Act; and 
(B) may not enforce any requirement under 
paragraph (1) except for the purpose of deter-
mining the eligibility of a State for a grant 
under section 4 of this Act. 
(3) REQUIREMENTS TO REFLECT NATIONAL PER-
FORMANCE
STANDARDS
AND
COMMISSION
GUIDE-
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LINES.—In establishing minimum State law require-
ments 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 Com-
mission’s publication entitled ‘‘Guidelines for 
Entrapment Hazards: Making Pools and Spas 
Safer’’, and any other pool safety guidelines es-
tablished 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 es-
tablishing 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. 
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(2) GATES.—A gate with direct access to the 
swimming pool that is equipped with a self-closing, 
self-latching device. 
(3) DOORS.—Any door with direct access to the 
swimming pool 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 swim-
ming pool or spa. 
(d) ENTRAPMENT, ENTANGLEMENT, AND EVISCERA-
TION 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 fol-
lowing (except for pools constructed without a single 
main drain): 
(A) SAFETY VACUUM RELEASE SYSTEM.—A 
safety vacuum release system which ceases oper-
ation of the pump, reverses the circulation flow, 
or otherwise provides a vacuum release at a suc-
tion outlet when a blockage is detected, that has 
been tested by an independent third party and 
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found to conform to ASME/ANSI standard 
A112.19.17 or ASTM standard F2387. 
(B) SUCTION-LIMITING
VENT
SYSTEM.—A 
suction-limiting vent system with a tamper-re-
sistant atmospheric opening. 
(C) GRAVITY DRAINAGE SYSTEM.—A grav-
ity drainage system that utilizes a collector tank. 
(D) AUTOMATIC PUMP SHUT-OFF SYSTEM.— 
An automatic pump shut-off system. 
(E) OTHER
SYSTEMS.—Any other system 
determined by the Commission to be equally ef-
fective as, or better than, the systems described in 
subparagraphs (A) through (E) of this para-
graph 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. 
SEC. 6. EDUCATION PROGRAM. 
(a) IN GENERAL.—The Commission shall establish and 
carry out an education program to inform the public of 
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methods to prevent drowning and entrapment in swimming 
pools, spas, and ornamental pools. In carrying out the pro-
gram, the Commission shall develop— 
(1) educational materials designed for pool man-
ufacturers, pool service companies, and pool supply 
retail outlets; 
(2) educational materials designed for pool own-
ers and operators; 
(3) educational materials designed for orna-
mental pool owners and operators, including munici-
palities; and 
(4) a national media campaign to promote 
awareness of pool and spa safety. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Commission for each 
of fiscal years 2008 through 2012 $5,000,000 to carry out 
the education program authorized by subsection (a). 
SEC. 7. DEFINITIONS. 
In this Act: 
(1) ASME/ANSI STANDARD.—The term ‘‘ASME/ 
ANSI standard’’ means a safety standard accredited 
by the American National Standards Institute and 
published by the American Society of Mechanical En-
gineers. 
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(2) ASTM STANDARD.—The term ‘‘ASTM stand-
ard’’ means a safety standard issued by ASTM Inter-
national, formerly known as the American Society for 
Testing and Materials. 
(3) BARRIER.—The term ‘‘barrier’’, with respect 
to a swimming pool, means a fence, dwelling wall, or 
nondwelling wall, or any combination thereof, which 
completely surrounds the swimming pool and ob-
structs access to the swimming pool, especially access 
from the residence or from the yard outside the bar-
rier. In the case where a wall of a dwelling that con-
tains a door or window serves as part of the barrier, 
all doors and windows providing direct access from 
the home to the pool must be equipped with an exit 
alarm that has a minimum sound pressure rating of 
85 dB A at 10 feet. Alarms should meet the require-
ments of UL 2017 General-Purpose Signaling Devices 
and Systems, section 77. All doors providing direct 
access from the home to the pool must be equipped 
with a self-closing, self-latching device with a release 
mechanism placed no lower than 54 inches above the 
floor. The term ‘‘barrier’’ means, with respect to a 
portable hot tub, a lockable cover. 
(4) 
COMMISSION.—The 
term 
‘‘Commission’’ 
means the Consumer Product Safety Commission. 
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(5) MAIN
DRAIN.—The term ‘‘main drain’’ 
means a submerged suction outlet typically located at 
the bottom of a pool or spa to conduct water to a re- 
circulating pump. 
(6) ORNAMENTAL POOL.—The term ‘‘ornamental 
pool’’ means a
man-made structure
designed to 
contain water
such as a decorative fountain or re-
flecting pool in the ground, partially in the ground, 
or in a building, intended primarily for aesthetic 
value and not intended for swimming or wading. 
(7) SAFETY
VACUUM
RELEASE
SYSTEM.—The 
term ‘‘safety vacuum release system’’ means a vacuum 
release system capable of providing vacuum release at 
a suction outlet caused by a high vacuum occurrence 
due to a suction outlet flow blockage. 
(8) 
UNBLOCKABLE
DRAIN.—The 
term 
‘‘unblockable drain’’ means a drain of any size and 
shape that a human body cannot sufficiently block to 
create a suction entrapment hazard. 
(9) SWIMMING
POOL; SPA.—The term ‘‘swim-
ming pool’’ or ‘‘spa’’ means any outdoor or indoor 
structure intended for swimming or recreational bath-
ing, including in-ground and above-ground struc-
tures, and includes hot tubs, spas, portable spas, and 
non-portable wading pools. 
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SEC. 8. CPSC REPORT. 
Within 1 year after the close of each fiscal year for 
which grants are made under section 4, the Commission 
shall submit a report to the Congress evaluating the effec-
tiveness of the grant program authorized by that section. 
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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 
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 im-
prove their pool and spa safety laws and to edu-
cate the public about pool and spa safety, and for 
other purposes. 
OCTOBER 9, 2007 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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