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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 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 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 safe-
ty standard established by section 1404; and
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(v) that periodic notification is pro-
vided to owners of residential swimming
pools or spas about compliance with the en-
trapment 
protection 
standards 
of 
the
ASME/ANSI A112.19.8 performance stand-
ard, or any successor standard; 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) 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
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 1405 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 1405 of this Act.
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(4) REQUIREMENTS TO REFLECT NATIONAL PER-
FORMANCE
STANDARDS
AND
COMMISSION
GUIDE-
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 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 audi-
ble 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
found to conform to ASME/ANSI standard
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A112.19.17 or ASTM standard F2387, or any
successor standard.
(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) DRAIN DISABLEMENT.—A device or sys-
tem that disables the drain.
(F) 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.
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SEC. 1407. EDUCATION PROGRAM.
(a) IN GENERAL.—The Commission shall establish and
carry out an education program to inform the public of
methods to prevent drowning and entrapment in swimming
pools and spas. In carrying out the program, the Commis-
sion 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; and
(3) 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 the fiscal years 2008 through 2012 $5,000,000 to carry
out the education program authorized by subsection (a).
SEC. 1408. CPSC REPORT.
Not later than 1 year after the last day of each fiscal
year for which grants are made under section 1405, the
Commission shall submit to Congress a report evaluating
the implementation of the grant program authorized by that
section.
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TITLE XV—REVENUE
PROVISIONS
SEC. 1500. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in
this title an amendment or repeal is expressed in terms of
an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1986.
SEC. 1501. EXTENSION OF ADDITIONAL 0.2 PERCENT FUTA
SURTAX.
(a) IN GENERAL.—Section 3301 (relating to rate of
tax) is amended—
(1) by striking ‘‘2007’’ in paragraph (1) and in-
serting ‘‘2008’’, and
(2) by striking ‘‘2008’’ in paragraph (2) and in-
serting ‘‘2009’’.
(b) EFFECTIVE DATE.—The amendments made by this
section shall apply to wages paid after December 31, 2007.
SEC. 1502. 7-YEAR AMORTIZATION OF GEOLOGICAL AND
GEOPHYSICAL EXPENDITURES FOR CERTAIN
MAJOR INTEGRATED OIL COMPANIES.
(a) IN
GENERAL.—Subparagraph (A) of section
167(h)(5) (relating to special rule for major integrated oil
companies) is amended by striking ‘‘5-year’’ and inserting
‘‘7-year’’.
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(b) EFFECTIVE DATE.—The amendment made by this
section shall apply to amounts paid or incurred after the
date of the enactment of this Act.
TITLE XVI—EFFECTIVE DATE
SEC. 1601. EFFECTIVE DATE.
This Act and the amendments made by this Act take
effect on the date that is 1 day after the date of enactment
of this Act.
Attest:
Secretary.
110TH CONGRESS
1ST SESSION
H. R. 6
SENATE AMENDMENT TO
HOUSE AMENDMENTS TO
SENATE AMENDMENTS