110TH CONGRESS 
1ST SESSION H. R. 1721 
AN ACT 
To increase the safety of swimming pools and spas by requir-
ing the use of proper anti-entrapment drain covers and 
pool and spa drainage systems, by establishing a swim-
ming 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Virginia Graeme Baker Pool and Spa Safety Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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. 
SEC. 2. FINDINGS. 
The Congress finds that— 
(1) of injury-related deaths, drowning is the 
second leading cause of death in children aged 1 to 
14 in the United States; 
(2) there are approximately 260 drowning 
deaths of children younger than age 5 each year in 
swimming pools, and an estimated 2,725 children 
are treated annually in hospital emergency rooms for 
pool submersion injuries, mostly in residential pools; 
(3) many children die due to pool and spa 
drowning and entrapment, such as Virginia Graeme 
Baker, who at age 7 drowned by entrapment in a 
residential spa, and Preston de Ibern, who at age 5
nearly drowned and was left permanently brain dam-
aged, 
finally 
succumbing 
to 
his 
catastrophic 
healthcare issues when he was 12 years old; 
(4) adult supervision at all aquatic venues is a 
critical safety factor in preventing children from 
drowning; and 
(5) research studies show that the installation 
and proper use of barriers or fencing, as well as ad-
ditional layers of protection, could substantially re-
duce the number of childhood residential swimming 
pool drownings and near drownings. 
SEC. 3. FEDERAL SWIMMING POOL AND SPA DRAIN COVER 
STANDARD. 
(a) CONSUMER PRODUCT SAFETY RULE.—The pro-
visions of subsection (b) shall be considered to be a con-
sumer product safety rule issued by the Consumer Product 
Safety Commission under section 9 of the Consumer Prod-
uct Safety Act (15 U.S.C. 2058). 
(b) DRAIN COVER STANDARD.—Effective 1 year 
after the date of enactment of this Act, each swimming 
pool or spa drain cover manufactured, distributed, or en-
tered into commerce in the United States shall conform 
to the entrapment protection standards of the ASME/ 
ANSI A112.19.8 performance standard.
(c) REVISION OF RULE.—If, after the enactment of 
this Act, ANSI proposes to revise the entrapment protec-
tion requirements of ASME/ANSI A112.19.8, ANSI shall 
notify the Consumer Product Safety Commission of the 
proposed revision and the proposed revision shall be incor-
porated in the consumer product safety rule under sub-
section (a) unless, within 60 days of such notice, the Com-
mission notifies ANSI that the Commission has deter-
mined that such revision does not carry out the purposes 
of subsection (b). 
(d) IMPLEMENTING REGULATIONS.—Section 553 of 
title 5, United States Code, shall apply with respect to 
the issuance of any regulations by the Consumer Product 
Safety Commission to implement the requirements of this 
section, and sections 7 and 9 of the Consumer Product 
Safety Act shall not apply to such issuance. 
SEC. 4. STATE SWIMMING POOL SAFETY GRANT PROGRAM. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations authorized by subsection (e), the Commission 
shall establish a grant program to provide assistance to 
eligible States. 
(b) ELIGIBILITY.—To be eligible for a grant under 
the program, a State shall— 
(1) demonstrate to the satisfaction of the Com-
mission that it has a State statute, or that, after the
date of enactment of this Act, it has enacted a stat-
ute, or amended an existing statute, that provides 
for the enforcement of a law that— 
(A) 
except 
as 
provided 
in 
section 
5(a)(1)(A)(i), applies to all swimming pools in 
the State; and 
(B) meets the minimum State law require-
ments of section 5; and 
(2) submit an application to the Commission at 
such time, in such form, and containing such addi-
tional information as the Commission may require. 
(c) AMOUNT OF GRANT.—The Commission shall de-
termine the amount of a grant awarded under this Act, 
and shall consider— 
(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 
program in terms of protecting children from drown-
ing 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 avail-
able to hire and train enforcement personnel for im-
plementation and enforcement of standards under 
the State swimming pool and spa safety law; and 
(2) the remainder— 
(A) to educate pool construction and in-
stallation companies and pool service companies 
about the standards; 
(B) to educate pool owners, pool operators, 
and other members of the public about the 
standards under the swimming pool and spa 
safety law and about the prevention of drown-
ing or entrapment of children using swimming 
pools and spas; and 
(C) to defray administrative costs associ-
ated with such training and education pro-
grams. 
(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 resi-
dential 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 de-
signed to prevent 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 cir-
culation pump; 
(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 prod-
uct safety standard established by section 
3; 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) 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 
determining the eligibility of a State for a grant 
under section 4 of this Act. 
(3) 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 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 na-
tional performance standard. 
(c) BASIC ACCESS-RELATED SAFETY DEVICES AND 
EQUIPMENT REQUIREMENTS TO BE CONSIDERED.—In 
establishing minimum State law requirements for swim-
ming pools and spas under subsection (a)(1), the Commis-
sion shall consider the following requirements: 
(1) COVERS.—A safety pool cover. 
(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 Commis-
sion shall require, at a minimum, 1 or more of the 
following (except for pools constructed without a sin-
gle 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. 
(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
SYS-
TEM.—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 methods to prevent drowning and entrapment in swim-
ming pools, spas, and ornamental pools. In carrying out 
the program, the Commission shall develop—
(1) educational materials designed for pool 
manufacturers, 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 In-
stitute and published by the American Society of 
Mechanical Engineers. 
(2) ASTM 
STANDARD.—The term ‘‘ASTM 
standard’’ means a safety standard issued by ASTM
International, formerly known as the American Soci-
ety for Testing and Materials. 
(3) BARRIER.—The term ‘‘barrier’’, with re-
spect to a swimming pool, means a fence, dwelling 
wall, or nondwelling wall, or any combination there-
of, which completely surrounds the swimming pool 
and obstructs access to the swimming pool, espe-
cially access from the residence or from the yard 
outside the barrier. In the case where a wall of a 
dwelling that contains 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 requirements 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 ‘‘bar-
rier’’ means, with respect to a portable hot tub, a 
lockable cover. 
(4) COMMISSION.—The term ‘‘Commission’’ 
means the Consumer Product Safety Commission.
(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 ‘‘orna-
mental pool’’ means a
man-made structure
de-
signed to contain water
such as a decorative foun-
tain or reflecting pool in the ground, partially in the 
ground, or in a building, intended primarily for aes-
thetic value and not intended for swimming or wad-
ing. 
(7) SAFETY VACUUM RELEASE SYSTEM.—The 
term ‘‘safety vacuum release system’’ means a vacu-
um release system capable of providing vacuum re-
lease 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 
bathing, including in-ground and above-ground
structures, and includes hot tubs, spas, portable 
spas, and non-portable wading pools. 
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. 
Passed the House of Representatives October 9, 
2007. 
Attest: 
Clerk.
110TH CONGRESS 
1ST SESSION 
H. R. 1721 
AN ACT 
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.