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a consumer product safety rule issued by the Consumer
Product Safety Commission under the Consumer Product
Safety Act (15 U.S.C. 2051 et seq.).
(b) DRAIN COVER STANDARD.—Effective 1 year after
the date of enactment of this title, each swimming pool or
spa drain cover manufactured, distributed, or entered into
commerce in the United States shall conform to the entrap-
ment protection standards of the ASME/ANSI A112.19.8
performance standard, or any successor standard regulating
such swimming pool or drain cover.
(c) PUBLIC POOLS.—
(1) REQUIRED EQUIPMENT.—
(A) IN GENERAL.—Beginning 1 year after
the date of enactment of this title—
(i) each public pool and spa in the
United States shall be equipped with anti-
entrapment devices or systems that comply
with the ASME/ANSI A112.19.8 perform-
ance standard, or any successor standard;
and
(ii) each public pool and spa in the
United States with a single main drain
other than an unblockable drain shall be
equipped, at a minimum, with 1 or more of
the following devices or systems designed to
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prevent entrapment by pool or spa drains
that meets the requirements of subpara-
graph (B):
(I) SAFETY
VACUUM
RELEASE
SYSTEM.—A safety vacuum release sys-
tem which ceases operation of the
pump, reverses the circulation flow, or
otherwise provides a vacuum release at
a suction outlet when a blockage is de-
tected, that has been tested by an inde-
pendent third party and found to con-
form 
to 
ASME/ANSI 
standard
A112.19.17 or ASTM standard F2387.
(II) SUCTION-LIMITING VENT SYS-
TEM.—A suction-limiting vent system
with a tamper-resistant atmospheric
opening.
(III) GRAVITY
DRAINAGE
SYS-
TEM.—A gravity drainage system that
utilizes a collector tank.
(IV) AUTOMATIC PUMP SHUT-OFF
SYSTEM.—An automatic pump shut-off
system.
(V) DRAIN DISABLEMENT.—A de-
vice or system that disables the drain.
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(VI) OTHER SYSTEMS.—Any other
system determined by the Commission
to be equally effective as, or better
than, the systems described in sub-
clauses (I) through (V) of this clause at
preventing or eliminating the risk of
injury or death associated with pool
drainage systems.
(B) APPLICABLE STANDARDS.—Any device
or system described in subparagraph (A)(ii)
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.
(2) PUBLIC POOL AND SPA DEFINED.—In this
subsection, the term ‘‘public pool and spa’’ means a
swimming pool or spa that is—
(A) open to the public generally, whether for
a fee or free of charge;
(B) open exclusively to—
(i) members of an organization and
their guests;
(ii) residents of a multi-unit apart-
ment building, apartment complex, residen-
tial real estate development, or other multi-
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family residential area (other than a mu-
nicipality, township, or other local govern-
ment jurisdiction); or
(iii) patrons of a hotel or other public
accommodations facility; or
(C) operated by the Federal Government (or
by a concessionaire on behalf of the Federal Gov-
ernment) for the benefit of members of the Armed
Forces and their dependents or employees of any
department or agency and their dependents.
(3) ENFORCEMENT.—Violation of paragraph (1)
shall be considered to be a violation of section
19(a)(1) of the Consumer Product Safety Act (15
U.S.C. 2068(a)(1)) and may also be enforced under
section 17 of that Act (15 U.S.C. 2066).
SEC. 1405. STATE SWIMMING POOL SAFETY GRANT PRO-
GRAM.
(a) IN GENERAL.—Subject to the availability of appro-
priations 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
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date of enactment of this title, it has enacted a stat-
ute, or amended an existing statute, and provides for
the enforcement of, a law that—
(A) 
except 
as 
provided 
in 
section
1406(a)(1)(A)(i), applies to all swimming pools
in the State; and
(B) meets the minimum State law require-
ments of section 1406; 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 deter-
mine the amount of a grant awarded under this title, 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 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 title in a preceding fiscal year.
(d) USE OF GRANT FUNDS.—A State receiving a grant
under this section shall use—
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(1) at least 50 percent of amounts 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 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
(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 and 2010 $2,000,000 to carry out this
section, such sums to remain available until expended. Any
amounts appropriated pursuant to this subsection that re-
main unexpended and unobligated at the end of fiscal year
2010 shall be retained by the Commission and credited to
the appropriations account that funds enforcement of the
Consumer Product Safety Act.