HR 4313 — Virginia Graeme Baker Pool and Spa Safety Reauthorization Act

Congress finds the following: (1) Of injury-related deaths, drowning is the second leading cause of death in children aged 1 to 14 in the United States. (2) In 2004, 761 children aged 14 and under died as a result of unintentional drowning. (3) Adult supervision at all aquatic venues is a critical safety factor in preventing children from drowning. (4) Research studies show that the installation and proper use of barriers or fencing, as well as additional layers of protection, could substantially reduce the number of childhood residential swimming pool drownings and near drownings.

In this chapter: (1) ASME/ANSI The term “ASME/ANSI” as applied to a safety standard means such a standard that is accredited by the American National Standards Institute and published by the American Society of Mechanical Engineers. (2) Barrier The term “barrier” includes a natural or constructed topographical feature that prevents unpermitted access by children to a swimming pool, and, with respect to a hot tub, a lockable cover. (3) Commission The term “Commission” means the Consumer Product Safety Commission. (4) Covered entity The term “covered entity” means— (A) a State; or (B) an Indian Tribe. (5) Indian Tribe The term “Indian Tribe” has the meaning given that term in section 5304(e) of title 25. (6) 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 recirculating pump. (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) Swimming pool; spa The term “swimming 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. (9) 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. (10) State The term “State” has the meaning given such term in section 2052(a) of this title, and includes the Northern Mariana Islands. For purposes of eligibility for the grants authorized under section 8004 of this title, such term shall also include any political subdivision of a State.

(a) In general Subject to the availability of appropriations authorized by subsection (e), the Commission shall carry out a grant program to provide assistance to eligible covered entities. (b) Eligibility To be eligible for a grant under the program, a covered entity shall— (1) demonstrate to the satisfaction of the Commission that, as of the date on which the covered entity submits an application to the Commission for a grant under this section, the covered entity has enacted and provides for the enforcement of a statute that— (A) except as provided in section 8005(a)(1)(A)(i) of this title, applies to all swimming pools constructed in the State or in the jurisdiction of the Indian Tribe (as the case may be) on or after such date; and (B) meets the minimum State law requirements of section 8005 of this title; and (2) submit an application to the Commission at such time, in such form, and containing such additional information as the Commission may require. (c) Amount of grant The Commission shall determine the amount of a grant awarded under this section, and shall consider— (1) the population of the covered entity; (2) the relative enforcement and implementation needs of the covered entity; and (3) allocation of grant funds in a manner designed to provide the maximum benefit from the program in terms of protecting children from drowning or entrapment. (d) Use of grant funds A State or an Indian Tribe receiving a grant under this section shall use— (1) at least 25 percent of amounts made available— (A) to hire and train personnel for implementation and enforcement of standards under the swimming pool and spa safety law of the State or Indian Tribe; and (B) to defray administrative costs associated with the hiring and training programs under subparagraph (A); and (2) the remainder— (A) to educate pool owners, pool operators, and other members of the public about the standards under the swimming pool and spa safety law of the State or Indian Tribe and about the prevention of drowning or entrapment of children using swimming pools and spas; and (B) to defray administrative costs associated with the education programs under subparagraph (A). (e) Authorization of appropriations There are authorized to be appropriated to the Commission for fiscal year 2023 $2,500,000 to carry out this section.

(a) In general The Commission shall establish and carry out an education and awareness program to inform the public of methods to prevent drowning and entrapment in swimming pools and spas. In carrying out the program, the Commission shall develop— (1) educational materials designed for swimming pool and spa manufacturers, service companies, and supply retail outlets, including guidance on barrier and drain cover inspection, maintenance, and replacement; (2) educational materials designed for swimming pool and spa owners and operators, consumers, States, and Indian Tribes; and (3) a national media campaign to promote awareness of swimming pool and spa safety. (b) Authorization of appropriations There are authorized to be appropriated to the Commission for fiscal year 2023 $2,500,000 to carry out the education and awareness program authorized by subsection (a).

Not later than 1 year after the last day of each fiscal year for which grants are made under section 8004 of this title, the Commission shall submit to Congress a report evaluating the implementation of the grant program authorized by that section.