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-
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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 2008 through 2012 $10,000,000 to 
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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 residential 
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 
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(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— 
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(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. 
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(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 
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. 
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(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-
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ming pools and spas. 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; 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 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. 
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(3) BARRIER.—The term ‘‘barrier’’ means a 
fence, dwelling wall, or nondwelling wall, or any 
combination thereof, which completely surrounds the 
swimming pool and obstructs access to the swim-
ming pool, especially access from the residence or 
from the yard outside the barrier. A wall of a dwell-
ing may service as part of the barrier if it does not 
contain any door or window that opens to provide 
access to the swimming pool. 
(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) 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. 
(7) 
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. 
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