I 
118TH CONGRESS 
1ST SESSION H. R. 5202 
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 
A BILL 
To reauthorize the Virginia Graeme Baker Pool and Spa 
Safety Act, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Virginia Graeme Baker 
Pool and Spa Safety Reauthorization Act’’. 
SEC. 2. COVERED ENTITY DEFINED. 
Section 1403 of the Virginia Graeme Baker Pool and 
Spa Safety Act (15 U.S.C. 8002) is amended— 
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(1) by amending paragraph (4) to read as fol-
lows: 
‘‘(4) COVERED ENTITY.—The term ‘covered en-
tity’ means— 
‘‘(A) a State; 
‘‘(B) an Indian Tribe; or 
‘‘(C) a nonprofit organization.’’; 
(2) by redesignating paragraphs (7) through 
(10) as paragraphs (8) through (11), respectively; 
and 
(3) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) NONPROFIT
ORGANIZATION.—The term 
‘nonprofit organization’ means an organization 
that— 
‘‘(A) is described in section 501(c)(3) of 
the Internal Revenue Code of 1986 and is ex-
empt from taxation under section 501(a) of 
such Code; and 
‘‘(B) has proven experience (as determined 
by the Commission) addressing swimming pool 
or spa safety and drowning prevention.’’. 
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SEC. 3. SWIMMING POOL SAFETY GRANT PROGRAM. 
Section 1405 of the Virginia Graeme Baker Pool and 
Spa Safety Act (15 U.S.C. 8004) is amended to read as 
follows: 
‘‘SEC. 1405. SWIMMING POOL SAFETY GRANT PROGRAM. 
‘‘(a) IN GENERAL.—Subject to the availability of ap-
propriations authorized by subsection (i), 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 cov-
ered entity submits an application to the Commis-
sion for a grant under this section, the covered enti-
ty (if the covered entity is a State or an Indian 
Tribe), or the State in which or the Indian Tribe in 
the jurisdiction of which the covered entity is pro-
posing to carry out activities using grant funds (if 
the covered entity is a nonprofit organization), has 
enacted and provides for the enforcement of a stat-
ute that— 
‘‘(A) 
except 
as 
provided 
in 
section 
1406(a)(1)(A)(i), applies to all swimming pools 
constructed in the State or in the jurisdiction of 
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the Indian Tribe (as the case may be) on or 
after such date; and 
‘‘(B) meets the minimum State law re-
quirements of section 1406; and 
‘‘(2) submit an application to the Commission 
at such time, in such form, and containing such ad-
ditional information as the Commission may require. 
‘‘(c) SELECTION OF GRANT RECIPIENTS.— 
‘‘(1) PRIORITY.—In selecting covered entities to 
receive grants under the program, the Commission 
shall give priority (in such order as the Commission 
considers appropriate) based on the following fac-
tors: 
‘‘(A) A covered entity not having pre-
viously been awarded a grant under the pro-
gram. 
‘‘(B) A covered entity proposing to use 
grant funds to expand educational activities de-
scribed in paragraph (1)(B)(i) or (2)(A) of sub-
section (e) that the covered entity is carrying 
out at the time when the covered entity submits 
the application for the grant. 
‘‘(C) A covered entity proposing to use 
grant funds to build on prior expertise and ac-
tivities aimed at preventing drownings. 
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‘‘(D) A covered entity proposing to use 
grant funds to carry out activities in a geo-
graphic area that has a greater number per 
capita of drowning or entrapment incidents. 
‘‘(E) A covered entity proposing to use 
grant funds in underserved, minority, or rural 
communities to provide services that address 
and target racial, ethnic, or rural drowning dis-
parities. 
‘‘(F) Such other factors as the Commission 
considers appropriate. 
‘‘(2) GEOGRAPHIC DIVERSITY.— 
‘‘(A) IN
GENERAL.—In selecting covered 
entities to receive grants under the program, 
the Commission shall, to the maximum extent 
practicable, ensure geographic diversity in the 
areas where activities will be carried out using 
grant funds. 
‘‘(B) TECHNICAL
ASSISTANCE.—If the 
Commission awards grants to two or more cov-
ered entities that will carry out activities using 
grant funds in the same geographic area, the 
Commission shall provide technical assistance to 
such entities regarding how such entities may 
collaborate in carrying out such activities. 
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‘‘(d) AMOUNT OF GRANT.—The Commission shall de-
termine the amount of a grant awarded under this section, 
and shall consider— 
‘‘(1) in the case of a covered entity that is a 
State or an Indian Tribe— 
‘‘(A) the population of such State or In-
dian Tribe; 
‘‘(B) the enforcement and implementation 
needs of such State or Indian Tribe; or 
‘‘(C) the education needs of such State or 
Indian Tribe proposing to use grant funds pur-
suant to subsection (e)(1)(B)(i); 
‘‘(2) in the case of a covered entity that is a 
nonprofit organization, the number of individuals to 
whom such nonprofit organization is proposing to 
provide education described in subsection (e)(2)(A) 
using grant funds, taking into consideration any in-
creased costs of providing such education due to the 
rural or remote nature of the area where such non-
profit organization is proposing to provide such edu-
cation; and 
‘‘(3) allocation of grant funds in a manner de-
signed to provide the maximum benefit from the 
program in terms of protecting children from drown-
ing or entrapment. 
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‘‘(e) USE OF GRANT FUNDS.— 
‘‘(1) STATES AND INDIAN TRIBES.—A State or 
an Indian Tribe receiving a grant under this section 
shall use— 
‘‘(A) at least 25 percent of amounts made 
available— 
‘‘(i) to hire and train personnel for— 
‘‘(I) implementation and enforce-
ment of standards under the swim-
ming pool and spa safety law of the 
State or Indian Tribe; and 
‘‘(II) inspecting and repairing or 
replacing swimming pool and spa 
drain covers to ensure compliance 
with applicable Federal, State, and 
Tribal law; and 
‘‘(ii) to defray administrative costs as-
sociated with the hiring and training pro-
grams under clause (i); and 
‘‘(B) the remainder— 
‘‘(i) to educate pool owners, pool oper-
ators, and other members of the public 
about the standards under the swimming 
pool and spa safety law of the State or In-
dian Tribe and about the prevention of 
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drowning or entrapment of children using 
swimming pools and spas; and 
‘‘(ii) to defray administrative costs as-
sociated with the education programs 
under clause (i). 
‘‘(2) NONPROFIT ORGANIZATIONS.—A nonprofit 
organization receiving a grant under this section 
shall use the amounts made available— 
‘‘(A) to educate pool owners, pool opera-
tors, and other members of the public about the 
prevention of drowning or entrapment of chil-
dren using swimming pools and spas; and 
‘‘(B) to defray administrative costs associ-
ated with the education programs under sub-
paragraph (A). 
‘‘(f) RECIPIENT REPORTING.—Not later than 90 
days after the end of the pool and spa grant program 
project period covered by the grants awarded under this 
section, each covered entity that received such a grant 
shall submit to the Commission a report that includes the 
following: 
‘‘(1) The amount of grant funds received by the 
covered entity. 
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‘‘(2) The purpose or purposes for which the 
covered entity proposed to use grant funds in the 
grant application of the covered entity. 
‘‘(3) The purpose or purposes for which the 
covered entity used grant funds. 
‘‘(4) Whether the purposes identified under 
paragraphs (2) and (3) were achieved. 
‘‘(5) Any barriers encountered in carrying out 
activities using grant funds. 
‘‘(6) Any best practices or recommendations for 
future recipients of grant funds. 
‘‘(7) Any other information requested by the 
Commission. 
‘‘(g) GRANT AWARENESS CAMPAIGN.—The Commis-
sion shall carry out a campaign to conduct outreach to 
covered entities to ensure covered entities are aware of the 
availability and importance of the grants under this sec-
tion. 
‘‘(h) EMPLOYEES.— 
‘‘(1) DIRECTOR OF DROWNING PREVENTION.— 
The Commission shall have a Director of Drowning 
Prevention to coordinate the swimming pool and spa 
safety and drowning prevention activities at the 
Commission, including carrying out duties under 
this title. 
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‘‘(2) FULL-TIME EQUIVALENT.— 
‘‘(A) IN GENERAL.—The Commission shall 
ensure that at least 1 full-time equivalent is 
dedicated to carrying out the grant program 
under this section. 
‘‘(B) 
CALCULATION.—Any 
duties 
per-
formed by the Director of Drowning Prevention 
may not be considered in determining whether 
the requirement of subparagraph (A) is met. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Commission for 
each of the fiscal years 2024 through 2028 $5,000,000 
to carry out this section.’’. 
SEC. 4. REAUTHORIZATION OF CPSC EDUCATION AND 
AWARENESS PROGRAM. 
Section 1407 of the Virginia Graeme Baker Pool and 
Spa Safety Act (15 U.S.C. 8006) is amended to read as 
follows: 
‘‘SEC. 1407. EDUCATION AND AWARENESS PROGRAM. 
‘‘(a) IN GENERAL.—The Commission shall establish 
and carry out an education and awareness program to in-
form the public of methods to prevent drowning and en-
trapment in swimming pools and spas. In carrying out the 
program, the Commission shall develop— 
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‘‘(1) educational materials designed for swim-
ming pool and spa manufacturers, service compa-
nies, and supply retail outlets, including guidance on 
barrier and drain cover inspection, maintenance, and 
replacement; 
‘‘(2) educational materials designed for swim-
ming pool and spa owners and operators, consumers, 
States, Indian Tribes, and nonprofit organizations; 
‘‘(3) educational materials designed to reach 
historically disadvantaged communities that have 
higher rates of drowning than the nationwide aver-
age; and 
‘‘(4) 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 
each of the fiscal years 2024 through 2028 $5,000,000 
to carry out the education and awareness program author-
ized by subsection (a).’’. 
SEC. 5. CPSC REPORT. 
Section 1408 of the Virginia Graeme Baker Pool and 
Spa Safety Act (15 U.S.C. 8007) is amended to read as 
follows: 
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‘‘SEC. 1408. CPSC REPORT. 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
last day of each fiscal year for which grants are made 
under section 1405, the Commission shall submit to Con-
gress a report evaluating the implementation of the grant 
program authorized by that section. 
‘‘(b) MATTERS TO BE INCLUDED.—Each report re-
quired by subsection (a) shall include, with respect to the 
fiscal year covered by the report, the following: 
‘‘(1) How many applicants applied for grants 
under the program. 
‘‘(2) For each such applicant— 
‘‘(A) name; 
‘‘(B) location; 
‘‘(C) prior experience in swimming pool or 
spa safety; and 
‘‘(D) such other details as the Commission 
considers appropriate. 
‘‘(3) How many applicants received grants 
under the program and the amount of the grant re-
ceived by each such applicant. 
‘‘(4) How recipients of grants under the pro-
gram were selected and the purposes for which each 
such recipient proposed to use grant funds in the 
grant application of the recipient. 
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‘‘(5) Any purposes, other than making grants 
under section 1405, for which the Commission used 
amounts appropriated under subsection (i) of such 
section. 
‘‘(6) An evaluation of the effectiveness of the 
program, including any barriers or gaps, and rec-
ommendations for legislative changes, if required to 
increase the effectiveness of the program.’’. 
Æ 
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