II 

117TH CONGRESS 

2D SESSION S. 4296 

To reauthorize the Virginia Graeme Baker Pool and Spa Safety Act, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 24, 2022 

Ms. KLOBUCHAR (for herself and Mr. BLUNT) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To reauthorize the Virginia Graeme Baker Pool and Spa 

Safety Act, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Virginia Graeme Baker 

5 Pool and Spa Safety Reauthorization Act of 2022’’. 

6 SEC. 2. FINDINGS. 

7 Section 1402 of the Virginia Graeme Baker Pool and 

8 Spa Safety Act (15 U.S.C. 8001) is amended to read as 

9 follows: 


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1 ‘‘SEC. 1402. FINDINGS. 

2 ‘‘Congress finds the following: 

3 ‘‘(1) Drowning is a public health crisis. Drown4 ing can happen in seconds, is often silent, and can 

5 happen to anyone, anytime there is access to water. 

6 ‘‘(2) About 11 people die each day from drown7 ing in the United States, and drowning kills nearly 

8 4,000 people each year in the United States. 

9 ‘‘(3) Of injury-related deaths, drowning is the 

10 first leading cause of accidental death in children 

11 aged 1 to 4 in the United States, and the second 

12 leading cause of accidental death in children aged 1 

13 to 14 in the United States. 

14 ‘‘(4) Drowning death rates for Black people are 

15 1.5 times higher than the rates for White people, 

16 and drowning death rates for American Indian peo17 ple ages 29 and younger are 2 times higher than the 

18 rates for White people in the same age range. 

19 ‘‘(5) Rural Americans are 26 percent more like20 ly to die by drowning than urban Americans. 

21 ‘‘(6) Research shows that the installation and 

22 proper use of barriers or fencing, as well as addi23 tional layers of protection, such as swimming les24 sons, could substantially reduce the number of child25 hood fatal and nonfatal drownings in residential 

26 swimming pools.’’. 


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1 SEC. 3. COVERED ENTITY DEFINED. 

2 (a) IN GENERAL.—Section 1403 of the Virginia 

3 Graeme Baker Pool and Spa Safety Act (15 U.S.C. 8002) 

4 is amended— 

5 (1) by redesignating paragraphs (4), (5), (6), 

6 (7), and (8) as paragraphs (6), (8), (9), (10), and 

7 (11), respectively; 

8 (2) by inserting after paragraph (3) the fol9 lowing: 

10 ‘‘(4) COVERED ENTITY.—The term ‘covered en11 tity’ means— 

12 ‘‘(A) a State; 

13 ‘‘(B) an Indian Tribe; or 

14 ‘‘(C) a nonprofit organization. 

15 ‘‘(5) INDIAN TRIBE.—The term ‘Indian Tribe’ 

16 has the meaning given the term ‘Indian tribe’ in sec17 tion 102 of the Federally Recognized Indian Tribe 

18 List Act of 1994 (25 U.S.C. 5130).’’; and 

19 (3) by inserting after paragraph (6) (as so re20 designated) the following: 

21 ‘‘(7) NONPROFIT ORGANIZATION.—The term 

22 ‘nonprofit organization’ means an organization 

23 that— 

24 ‘‘(A) is described in section 501(c)(3) of 

25 the Internal Revenue Code of 1986 and is exVerDate Sep 11 2014 06:41 Jun 01, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4296.IS S4296

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1 empt from taxation under section 501(a) of 

2 such Code; and 

3 ‘‘(B) has proven experience (as determined 

4 by the Commission) dealing in swimming pool 

5 or spa safety and drowning prevention.’’. 

6 (b) TECHNICAL CORRECTION.—Paragraph (11) of 

7 section 1403 of the Virginia Graeme Baker Pool and Spa 

8 Safety Act (as so redesignated) is amended by striking 

9 ‘‘section 3(10) of the Consumer Product Safety Act (15 

10 U.S.C. 2052(10))’’ and inserting ‘‘section 3(a) of the Con11 sumer Product Safety Act (15 U.S.C. 2052(a))’’. 

12 SEC. 4. SWIMMING POOL SAFETY GRANT PROGRAM. 

13 (a) IN GENERAL.—Section 1405 of the Virginia 

14 Graeme Baker Pool and Spa Safety Act (15 U.S.C. 8004) 

15 is amended to read as follows: 

16 ‘‘SEC. 1405. SWIMMING POOL SAFETY GRANT PROGRAM. 

17 ‘‘(a) IN GENERAL.—Subject to the availability of ap18 propriations authorized by subsection (j), the Commission 

19 shall carry out a grant program to provide assistance to 

20 eligible covered entities. 

21 ‘‘(b) ELIGIBILITY.—To be eligible for a grant under 

22 the program, a covered entity shall— 

23 ‘‘(1) demonstrate to the satisfaction of the 

24 Commission that, as of the date on which the cov25 ered entity submits an application to the CommisVerDate Sep 11 2014 06:41 Jun 01, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4296.IS S4296

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1 sion for a grant under this section, the covered enti2 ty (if the covered entity is a State or an Indian 

3 Tribe), or the State in which or the Indian Tribe in 

4 the jurisdiction of which the covered entity is pro5 posing to carry out activities using grant funds (if 

6 the covered entity is a nonprofit organization), has 

7 enacted and provides for the enforcement of a stat8 ute that— 

9 ‘‘(A) except as provided in section 

10 1406(a)(1)(A)(i), applies to all swimming pools 

11 constructed in the State or in the jurisdiction of 

12 the Indian Tribe (as the case may be) on or 

13 after such date; and 

14 ‘‘(B) meets the minimum State law re15 quirements of section 1406; and 

16 ‘‘(2) submit an application to the Commission 

17 at such time, in such form, and containing such ad18 ditional information as the Commission may require. 

19 ‘‘(c) SELECTION OF GRANT RECIPIENTS.— 

20 ‘‘(1) PRIORITY.—In selecting covered entities to 

21 receive grants under the program, the Commission 

22 shall give priority (in such order as the Commission 

23 considers appropriate) based on the following fac24 tors: 


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1 ‘‘(A) A covered entity not having pre2 viously been awarded a grant under the pro3 gram. 

4 ‘‘(B) A covered entity proposing to use 

5 grant funds to provide education described in 

6 paragraph (1)(B)(i) or (2)(A) of subsection (f) 

7 to a greater number of individuals. 

8 ‘‘(C) A covered entity proposing to use 

9 grant funds to build on prior expertise and ac10 tivities aimed at preventing drownings. 

11 ‘‘(D) A covered entity proposing to use 

12 grant funds to carry out activities in a geo13 graphic area that has a greater number per 

14 capita of drowning or entrapment incidents. 

15 ‘‘(E) A covered entity proposing to use 

16 grant funds in underserved, minority, or rural 

17 communities to provide services that address 

18 and target racial, ethnic, or rural drowning dis19 parities. 

20 ‘‘(F) Such other factors as the Commission 

21 considers appropriate. 

22 ‘‘(2) GEOGRAPHIC DIVERSITY.— 

23 ‘‘(A) IN GENERAL.—In selecting covered 

24 entities to receive grants under the program, 

25 the Commission shall, to the maximum extent 


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1 practicable, ensure geographic diversity in the 

2 areas where activities will be carried out using 

3 grant funds. 

4 ‘‘(B) TECHNICAL ASSISTANCE.—If the 

5 Commission awards grants to two or more cov6 ered entities that will carry out activities using 

7 grant funds in the same geographic area, the 

8 Commission shall provide technical assistance to 

9 such entities regarding how such entities may 

10 collaborate in carrying out such activities. 

11 ‘‘(d) AMOUNT OF GRANT.—The Commission shall de12 termine the amount of a grant awarded under this section, 

13 and shall consider— 

14 ‘‘(1) in the case of a covered entity that is a 

15 State or an Indian Tribe— 

16 ‘‘(A) the population of such State or In17 dian Tribe; 

18 ‘‘(B) the relative enforcement and imple19 mentation needs of such State or Indian Tribe; 

20 or 

21 ‘‘(C) the relative education needs of such 

22 State or Indian Tribe proposing to use grant 

23 funds pursuant to subsection (f)(1)(B)(i); 

24 ‘‘(2) in the case of a covered entity that is a 

25 nonprofit organization, the number of individuals to 


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1 whom such nonprofit organization is proposing to 

2 provide education described in subsection (f)(2)(A) 

3 using grant funds, taking into account any increased 

4 costs of providing education due to rurality or re5 moteness in the area the nonprofit organization is 

6 proposing to serve; and 

7 ‘‘(3) allocation of grant funds in a manner de8 signed to provide the maximum benefit from the 

9 program in terms of protecting children from drown10 ing or entrapment. 

11 ‘‘(e) LENGTH OF GRANT.—A grant under this section 

12 shall be awarded over 3 fiscal years. 

13 ‘‘(f) USE OF GRANT FUNDS.— 

14 ‘‘(1) STATES AND INDIAN TRIBES.—A State or 

15 an Indian Tribe receiving a grant under this section 

16 shall use— 

17 ‘‘(A) at least 25 percent of amounts made 

18 available— 

19 ‘‘(i) to hire and train personnel for— 

20 ‘‘(I) implementation and enforce21 ment of standards under the swim22 ming pool and spa safety law of the 

23 State or Indian Tribe; and 

24 ‘‘(II) inspecting and repairing or 

25 replacing swimming pool and spa 


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1 drain covers to ensure compliance 

2 with applicable Federal, State, and 

3 Tribal law; and 

4 ‘‘(ii) to defray administrative costs as5 sociated with the hiring and training pro6 grams under clause (i); and 

7 ‘‘(B) the remainder— 

8 ‘‘(i) to educate pool owners, pool oper9 ators, and other members of the public 

10 about the standards under the swimming 

11 pool and spa safety law of the State or In12 dian Tribe and about the prevention of 

13 drowning or entrapment of children using 

14 swimming pools and spas, which may in15 clude the provision of swimming lessons 

16 (except that not more than 25 percent of 

17 such remainder may be used for the provi18 sion of swimming lessons); and 

19 ‘‘(ii) to defray administrative costs as20 sociated with the education programs 

21 under clause (i). 

22 ‘‘(2) NONPROFIT ORGANIZATIONS.—A nonprofit 

23 organization receiving a grant under this section 

24 shall use the amounts made available— 


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1 ‘‘(A) to educate pool owners, pool opera2 tors, and other members of the public about the 

3 prevention of drowning or entrapment of chil4 dren using swimming pools and spas, which 

5 may include the provision of swimming lessons 

6 (except that not more than 25 percent of such 

7 amounts may be used for the provision of swim8 ming lessons); and 

9 ‘‘(B) to defray administrative costs associ10 ated with the education programs under sub11 paragraph (A). 

12 ‘‘(g) RECIPIENT REPORTING.—Not later than 60 

13 days after the end of the 3 fiscal year period over which 

14 a grant is awarded to a covered entity under this section, 

15 the covered entity shall submit to the Commission a report 

16 on the following: 

17 ‘‘(1) The amount of grant funds received by the 

18 covered entity. 

19 ‘‘(2) The purposes for which the covered entity 

20 proposed to use grant funds in the grant application 

21 of the covered entity. 

22 ‘‘(3) The purposes for which the covered entity 

23 used grant funds. 

24 ‘‘(4) Whether the purposes identified under 

25 paragraphs (2) and (3) were achieved. 


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1 ‘‘(5) Any barriers encountered in carrying out 

2 activities using grant funds. 

3 ‘‘(6) Any best practices or recommendations for 

4 future recipients of grant funds. 

5 ‘‘(h) GRANT AWARENESS CAMPAIGN.—The Commis6 sion shall carry out a campaign to conduct outreach to 

7 covered entities to ensure covered entities are aware of the 

8 availability and importance of the grants under this sec9 tion. 

10 ‘‘(i) EMPLOYEES.— 

11 ‘‘(1) DIRECTOR.—The Commission shall have a 

12 Director of Drowning Prevention to coordinate the 

13 swimming pool and spa safety and drowning preven14 tion activities at the Commission, including carrying 

15 out duties under this title. 

16 ‘‘(2) FULL-TIME EQUIVALENT.— 

17 ‘‘(A) REQUIREMENT.—The Commission 

18 shall ensure that at least 1 full-time equivalent 

19 employee is dedicated to carrying out the grant 

20 program under this section. 

21 ‘‘(B) CALCULATION.—Any duties per22 formed by the Director of Drowning Prevention 

23 may not be considered in determining whether 

24 the requirement of subparagraph (A) is com25 plied with. 


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1 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Commission for 

3 each of the fiscal years 2022 through 2027 $5,000,000 

4 to carry out this section.’’. 

5 (b) CONFORMING AMENDMENTS.—Section 1406 of 

6 the Virginia Graeme Baker Pool and Spa Safety Act (15 

7 U.S.C. 8005) is amended— 

8 (1) in subsection (a)(2), by striking ‘‘the eligi9 bility of a State’’ each place it appears and inserting 

10 ‘‘the eligibility of a covered entity’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(e) STATE DEFINED.—In this section, the term 

13 ‘State’ includes an Indian Tribe.’’. 

14 SEC. 5. REAUTHORIZATION OF CPSC EDUCATION AND 

15 AWARENESS PROGRAM. 

16 Section 1407 of the Virginia Graeme Baker Pool and 

17 Spa Safety Act (15 U.S.C. 8006) is amended to read as 

18 follows: 

19 ‘‘SEC. 1407. EDUCATION AND AWARENESS PROGRAM. 

20 ‘‘(a) IN GENERAL.—The Commission shall establish 

21 and carry out an education and awareness program to in22 form the public of methods to prevent drowning and en23 trapment in swimming pools and spas. In carrying out the 

24 program, the Commission shall develop— 


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1 ‘‘(1) educational materials designed for swim2 ming pool and spa manufacturers, service compa3 nies, and supply retail outlets, including guidance on 

4 barrier and drain cover inspection, maintenance, and 

5 replacement; 

6 ‘‘(2) educational materials designed for swim7 ming pool and spa owners and operators, consumers, 

8 States, Indian Tribes, and nonprofit organizations; 

9 and 

10 ‘‘(3) a national media campaign to promote 

11 awareness of swimming pool and spa safety. 

12 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the Commission for 

14 each of the fiscal years 2022 through 2027 $5,000,000 

15 to carry out the education and awareness program author16 ized by subsection (a).’’. 

17 SEC. 6. CPSC REPORT. 

18 Section 1408 of the Virginia Graeme Baker Pool and 

19 Spa Safety Act (15 U.S.C. 8007) is amended to read as 

20 follows: 

21 ‘‘SEC. 1408. CPSC REPORT. 

22 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

23 last day of each fiscal year for which grants are made 

24 under section 1405, the Commission shall submit to ConVerDate Sep 11 2014 06:41 Jun 01, 2022 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S4296.IS S4296

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1 gress a report evaluating the implementation of the grant 

2 program authorized by that section. 

3 ‘‘(b) MATTERS TO BE INCLUDED.—Each report re4 quired by subsection (a) shall include, with respect to the 

5 fiscal year covered by the report, the following: 

6 ‘‘(1) How many applicants applied for grants 

7 under the program. 

8 ‘‘(2) For each such applicant— 

9 ‘‘(A) name; 

10 ‘‘(B) location; 

11 ‘‘(C) prior experience in swimming pool or 

12 spa safety; and 

13 ‘‘(D) such other details as the Commission 

14 considers appropriate. 

15 ‘‘(3) How many applicants received grants 

16 under the program and the amount of the grant re17 ceived by each such applicant. 

18 ‘‘(4) How recipients of grants under the pro19 gram were selected and the purposes for which each 

20 such recipient proposed to use grant funds in the 

21 grant application of the recipient. 

22 ‘‘(5) Any purposes, other than making grants 

23 under section 1405, for which the Commission used 

24 amounts appropriated under subsection (j) of such 

25 section. 


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1 ‘‘(6) An evaluation of the effectiveness of the 

2 program, including any barriers or gaps, and rec3 ommendations for legislative changes, if required to 

4 increase the effectiveness of the program.’’. 

Æ 


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