IB 

Union Calendar No. 372 

118TH CONGRESS 

2D SESSION H. R. 5202 

[Report No. 118–448] 

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

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 11, 2023 

Ms. WASSERMAN SCHULTZ (for herself, Mr. CARTER of Texas, Mr. ALLRED, 

Mr. BURGESS, Ms. CASTOR of Florida, Ms. WILLIAMS of Georgia, Ms. 

GARCIA of Texas, Mr. FLOOD, Ms. ROSS, Mr. BACON, and Mr. 

GOTTHEIMER) introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

APRIL 5, 2024 

Additional sponsor: Ms. CRAIG

APRIL 5, 2024 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on August 11, 2023] 


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A BILL 

To reauthorize the Virginia Graeme Baker Pool and Spa 

Safety Act, and for other purposes. 


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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’’. 

6 SEC. 2. COVERED ENTITY DEFINED. 

7 Section 1403 of the Virginia Graeme Baker Pool and 

8 Spa Safety Act (15 U.S.C. 8002) is amended— 

9 (1) by amending paragraph (4) to read as fol10 lows: 

11 ‘‘(4) COVERED ENTITY.—The term ‘covered enti12 ty’ means— 

13 ‘‘(A) a State; 

14 ‘‘(B) an Indian Tribe; or 

15 ‘‘(C) a nonprofit organization.’’; 

16 (2) by redesignating paragraphs (7) through (10) 

17 as paragraphs (8) through (11), respectively; and 

18 (3) by inserting after paragraph (6) the fol19 lowing: 

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

21 ‘nonprofit organization’ means an organization 

22 that— 

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

24 Internal Revenue Code of 1986 and is exempt 


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1 from taxation under section 501(a) of such Code; 

2 and 

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

4 by the Commission) addressing swimming pool 

5 or spa safety and drowning prevention.’’. 

6 SEC. 3. SWIMMING POOL SAFETY GRANT PROGRAM. 

7 Section 1405 of the Virginia Graeme Baker Pool and 

8 Spa Safety Act (15 U.S.C. 8004) is amended to read as 

9 follows: 

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

11 ‘‘(a) IN GENERAL.—Subject to the availability of ap12 propriations authorized by subsection (i), the Commission 

13 shall carry out a grant program to provide assistance to 

14 eligible covered entities. 

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

16 the program, a covered entity shall— 

17 ‘‘(1) demonstrate to the satisfaction of the Com18 mission that, as of the date on which the covered enti19 ty submits an application to the Commission for a 

20 grant under this section, the covered entity (if the cov21 ered entity is a State or an Indian Tribe), or the 

22 State in which or the Indian Tribe in the jurisdiction 

23 of which the covered entity is proposing to carry out 

24 activities using grant funds (if the covered entity is 


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1 a nonprofit organization), has enacted and provides 

2 for the enforcement of a statute that— 

3 ‘‘(A) except as provided in section 

4 1406(a)(1)(A)(i), applies to all swimming pools 

5 constructed in the State or in the jurisdiction of 

6 the Indian Tribe (as the case may be) on or after 

7 such date; and 

8 ‘‘(B) meets the minimum State law require9 ments of section 1406; and 

10 ‘‘(2) submit an application to the Commission at 

11 such time, in such form, and containing such addi12 tional information as the Commission may require. 

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

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

15 receive grants under the program, the Commission 

16 shall give priority (in such order as the Commission 

17 considers appropriate) based on the following factors: 

18 ‘‘(A) A covered entity not having previously 

19 been awarded a grant under the program. 

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

21 grant funds to expand educational activities de22 scribed in paragraph (1)(B)(i) or (2)(A) of sub23 section (e) that the covered entity is carrying out 

24 at the time when the covered entity submits the 

25 application for the grant. 


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

2 grant funds to build on prior expertise and ac3 tivities aimed at preventing drownings. 

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

5 grant funds to carry out activities in a geo6 graphic area that has a greater number per cap7 ita of drowning or entrapment incidents. 

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

9 grant funds in underserved, minority, or rural 

10 communities to provide services that address and 

11 target racial, ethnic, or rural drowning dispari12 ties. 

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

14 considers appropriate. 

15 ‘‘(2) GEOGRAPHIC DIVERSITY.— 

16 ‘‘(A) IN GENERAL.—In selecting covered en17 tities to receive grants under the program, the 

18 Commission shall, to the maximum extent prac19 ticable, ensure geographic diversity in the areas 

20 where activities will be carried out using grant 

21 funds. 

22 ‘‘(B) TECHNICAL ASSISTANCE.—If the Com23 mission awards grants to two or more covered 

24 entities that will carry out activities using grant 

25 funds in the same geographic area, the CommisVerDate Sep 11 2014 23:36 Apr 05, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H5202.RH H5202

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1 sion shall provide technical assistance to such 

2 entities regarding how such entities may collabo3 rate in carrying out such activities. 

4 ‘‘(d) AMOUNT OF GRANT.—The Commission shall de5 termine the amount of a grant awarded under this section, 

6 and shall consider— 

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

8 State or an Indian Tribe— 

9 ‘‘(A) the population of such State or Indian 

10 Tribe; 

11 ‘‘(B) the enforcement and implementation 

12 needs of such State or Indian Tribe; or 

13 ‘‘(C) the education needs of such State or 

14 Indian Tribe proposing to use grant funds pur15 suant to subsection (e)(1)(B)(i); 

16 ‘‘(2) in the case of a covered entity that is a non17 profit organization, the number of individuals to 

18 whom such nonprofit organization is proposing to 

19 provide education described in subsection (e)(2)(A) 

20 using grant funds, taking into consideration any in21 creased costs of providing such education due to the 

22 rural or remote nature of the area where such non23 profit organization is proposing to provide such edu24 cation; and 


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1 ‘‘(3) allocation of grant funds in a manner de2 signed to provide the maximum benefit from the pro3 gram in terms of protecting children from drowning 

4 or entrapment. 

5 ‘‘(e) USE OF GRANT FUNDS.— 

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

7 an Indian Tribe receiving a grant under this section 

8 shall use— 

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

10 available— 

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

12 ‘‘(I) implementation and enforce13 ment of standards under the swimming 

14 pool and spa safety law of the State or 

15 Indian Tribe; and 

16 ‘‘(II) inspecting and repairing or 

17 replacing swimming pool and spa 

18 drain covers to ensure compliance with 

19 applicable Federal, State, and Tribal 

20 law; and 

21 ‘‘(ii) to defray administrative costs as22 sociated with the hiring and training pro23 grams under clause (i); and 

24 ‘‘(B) the remainder— 


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

3 the standards under the swimming pool and 

4 spa safety law of the State or Indian Tribe 

5 and about the prevention of drowning or 

6 entrapment of children using swimming 

7 pools and spas; and 

8 ‘‘(ii) to defray administrative costs as9 sociated with the education programs under 

10 clause (i). 

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

12 organization receiving a grant under this section 

13 shall use the amounts made available— 

14 ‘‘(A) to educate pool owners, pool operators, 

15 and other members of the public about the pre16 vention of drowning or entrapment of children 

17 using swimming pools and spas; and 

18 ‘‘(B) to defray administrative costs associ19 ated with the education programs under sub20 paragraph (A). 

21 ‘‘(f) RECIPIENT REPORTING.—Not later than 90 days 

22 after the end of the pool and spa grant program project 

23 period covered by the grants awarded under this section, 

24 each covered entity that received such a grant shall submit 

25 to the Commission a report that includes the following: 


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

2 covered entity. 

3 ‘‘(2) The purpose or purposes for which the cov4 ered entity proposed to use grant funds in the grant 

5 application of the covered entity. 

6 ‘‘(3) The purpose or purposes for which the cov7 ered entity used grant funds. 

8 ‘‘(4) Whether the purposes identified under para9 graphs (2) and (3) were achieved. 

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

11 activities using grant funds. 

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

13 future recipients of grant funds. 

14 ‘‘(7) Any other information requested by the 

15 Commission. 

16 ‘‘(g) GRANT AWARENESS CAMPAIGN.—The Commis17 sion shall carry out a campaign to conduct outreach to cov18 ered entities to ensure covered entities are aware of the 

19 availability and importance of the grants under this sec20 tion. 

21 ‘‘(h) EMPLOYEES.— 

22 ‘‘(1) DIRECTOR OF DROWNING PREVENTION.— 

23 The Commission shall have a Director of Drowning 

24 Prevention to coordinate the swimming pool and spa 

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1 mission, including carrying out duties under this 

2 title. 

3 ‘‘(2) FULL-TIME EQUIVALENTS.—The Commis4 sion shall ensure that more than 1 full-time equiva5 lent is dedicated to carrying out swimming pool and 

6 spa safety and drowning prevention activities at the 

7 Commission, including the grant program under this 

8 section. 

9 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are 

10 authorized to be appropriated to the Commission for each 

11 of the fiscal years 2024 through 2028 $2,500,000 to carry 

12 out this section.’’. 

13 SEC. 4. REAUTHORIZATION OF CPSC EDUCATION AND 

14 AWARENESS PROGRAM. 

15 Section 1407 of the Virginia Graeme Baker Pool and 

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

17 follows: 

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

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

20 and carry out an education and awareness program to in21 form the public of methods to prevent drowning and entrap22 ment in swimming pools and spas. In carrying out the pro23 gram, the Commission shall develop— 

24 ‘‘(1) educational materials designed for swim25 ming pool and spa manufacturers, service companies, 


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1 and supply retail outlets, including guidance on bar2 rier and drain cover inspection, maintenance, and re3 placement; 

4 ‘‘(2) educational materials designed for swim5 ming pool and spa owners and operators, consumers, 

6 States, Indian Tribes, and nonprofit organizations; 

7 ‘‘(3) educational materials designed to reach his8 torically disadvantaged communities that have higher 

9 rates of drowning than the nationwide average; and 

10 ‘‘(4) 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 2024 through 2028 $2,500,000 to 

15 carry out the education and awareness program authorized 

16 by subsection (a).’’. 

17 SEC. 5. 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 last 

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

24 section 1405, the Commission shall submit to Congress a 


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1 report evaluating the implementation of the grant program 

2 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 program 

19 were selected and the purposes for which each such re20 cipient proposed to use grant funds in the grant ap21 plication 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 (i) of such 

25 section. 


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1 ‘‘(6) An evaluation of the effectiveness of the pro2 gram, including any barriers or gaps, and rec3 ommendations for legislative changes, if required to 

4 increase the effectiveness of the program.’’. 


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Union Calendar No. 372 

118TH CONGRESS 

2D SESSION H. R. 5202 

[Report No. 118–448] 

A BILL 

To reauthorize the Virginia Graeme Baker Pool 

and Spa Safety Act, and for other purposes. 

APRIL 5, 2024 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


ssavage on LAPJG3WLY3PROD with BILLS