I 118th CONGRESS 1st Session H. R. 5202 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.

1. Short title This Act may be cited as the Virginia Graeme Baker Pool and Spa Safety Reauthorization Act . 2. Covered entity defined Section 1403 of the Virginia Graeme Baker Pool and Spa Safety Act ( 15 U.S.C. 8002 ) is amended— (1) by amending paragraph (4) to read as follows: (4) Covered entity The term covered entity 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 following: (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 exempt 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. . 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: 1405. Swimming pool safety grant program (a) In general Subject to the availability of appropriations 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 covered entity submits an application to the Commission for a grant under this section, the covered entity (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 proposing to carry out activities using grant funds (if the covered entity is a nonprofit organization), has enacted and provides for the enforcement of a statute 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 the Indian Tribe (as the case may be) on or after such date; and (B) meets the minimum State law requirements of section 1406; 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) 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 factors: (A) A covered entity not having previously been awarded a grant under the program. (B) A covered entity proposing to use grant funds to expand educational activities described in paragraph (1)(B)(i) or (2)(A) of subsection (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 activities aimed at preventing drownings. (D) A covered entity proposing to use grant funds to carry out activities in a geographic 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 disparities. (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 covered 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. (d) Amount of grant The Commission shall determine 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 Indian 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 pursuant 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 increased costs of providing such education due to the rural or remote nature of the area where such nonprofit organization is proposing to provide such education; 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. (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 enforcement of standards under the swimming 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 associated with the hiring and training programs under clause (i); and (B) the remainder— (i) 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 (ii) to defray administrative costs associated 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 operators, and other members of the public 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). (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. (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 Commission 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 section. (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. (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 performed 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. . 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: 1407. Education and awareness program (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, Indian Tribes, and nonprofit organizations; (3) educational materials designed to reach historically disadvantaged communities that have higher rates of drowning than the nationwide average; 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 authorized by subsection (a). . 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: 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 Congress a report evaluating the implementation of the grant program authorized by that section. (b) Matters To be included Each report required 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 received by each such applicant. (4) How recipients of grants under the program were selected and the purposes for which each such recipient proposed to use grant funds in the grant application of the recipient. (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 recommendations for legislative changes, if required to increase the effectiveness of the program. .