[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4296 Introduced in Senate (IS)]

<DOC>






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.

    Be it enacted by the Senate and House of Representatives 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 of 2022''.

SEC. 2. FINDINGS.

    Section 1402 of the Virginia Graeme Baker Pool and Spa Safety Act 
(15 U.S.C. 8001) is amended to read as follows:

``SEC. 1402. FINDINGS.

    ``Congress finds the following:
            ``(1) Drowning is a public health crisis. Drowning can 
        happen in seconds, is often silent, and can happen to anyone, 
        anytime there is access to water.
            ``(2) About 11 people die each day from drowning in the 
        United States, and drowning kills nearly 4,000 people each year 
        in the United States.
            ``(3) Of injury-related deaths, drowning is the first 
        leading cause of accidental death in children aged 1 to 4 in 
        the United States, and the second leading cause of accidental 
        death in children aged 1 to 14 in the United States.
            ``(4) Drowning death rates for Black people are 1.5 times 
        higher than the rates for White people, and drowning death 
        rates for American Indian people ages 29 and younger are 2 
        times higher than the rates for White people in the same age 
        range.
            ``(5) Rural Americans are 26 percent more likely to die by 
        drowning than urban Americans.
            ``(6) Research shows that the installation and proper use 
        of barriers or fencing, as well as additional layers of 
        protection, such as swimming lessons, could substantially 
        reduce the number of childhood fatal and nonfatal drownings in 
        residential swimming pools.''.

SEC. 3. COVERED ENTITY DEFINED.

    (a) In General.--Section 1403 of the Virginia Graeme Baker Pool and 
Spa Safety Act (15 U.S.C. 8002) is amended--
            (1) by redesignating paragraphs (4), (5), (6), (7), and (8) 
        as paragraphs (6), (8), (9), (10), and (11), respectively;
            (2) by inserting after paragraph (3) the following:
            ``(4) Covered entity.--The term `covered entity' means--
                    ``(A) a State;
                    ``(B) an Indian Tribe; or
                    ``(C) a nonprofit organization.
            ``(5) Indian tribe.--The term `Indian Tribe' has the 
        meaning given the term `Indian tribe' in section 102 of the 
        Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
        5130).''; and
            (3) by inserting after paragraph (6) (as so redesignated) 
        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) dealing in swimming pool or spa safety and 
                drowning prevention.''.
    (b) Technical Correction.--Paragraph (11) of section 1403 of the 
Virginia Graeme Baker Pool and Spa Safety Act (as so redesignated) is 
amended by striking ``section 3(10) of the Consumer Product Safety Act 
(15 U.S.C. 2052(10))'' and inserting ``section 3(a) of the Consumer 
Product Safety Act (15 U.S.C. 2052(a))''.

SEC. 4. SWIMMING POOL SAFETY GRANT PROGRAM.

    (a) In General.--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 appropriations 
authorized by subsection (j), 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 provide education described in paragraph (1)(B)(i) 
                or (2)(A) of subsection (f) to a greater number of 
                individuals.
                    ``(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 relative enforcement and implementation 
                needs of such State or Indian Tribe; or
                    ``(C) the relative education needs of such State or 
                Indian Tribe proposing to use grant funds pursuant to 
                subsection (f)(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 (f)(2)(A) using grant funds, taking into account any 
        increased costs of providing education due to rurality or 
        remoteness in the area the nonprofit organization is proposing 
        to serve; 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) Length of Grant.--A grant under this section shall be awarded 
over 3 fiscal years.
    ``(f) 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, 
                        which may include the provision of swimming 
                        lessons (except that not more than 25 percent 
                        of such remainder may be used for the provision 
                        of swimming lessons); 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, which may include the provision of swimming 
                lessons (except that not more than 25 percent of such 
                amounts may be used for the provision of swimming 
                lessons); and
                    ``(B) to defray administrative costs associated 
                with the education programs under subparagraph (A).
    ``(g) Recipient Reporting.--Not later than 60 days after the end of 
the 3 fiscal year period over which a grant is awarded to a covered 
entity under this section, the covered entity shall submit to the 
Commission a report on the following:
            ``(1) The amount of grant funds received by the covered 
        entity.
            ``(2) The purposes for which the covered entity proposed to 
        use grant funds in the grant application of the covered entity.
            ``(3) The 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.
    ``(h) 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.
    ``(i) Employees.--
            ``(1) Director.--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) Requirement.--The Commission shall ensure 
                that at least 1 full-time equivalent employee 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 complied with.
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission for each of the fiscal years 2022 
through 2027 $5,000,000 to carry out this section.''.
    (b) Conforming Amendments.--Section 1406 of the Virginia Graeme 
Baker Pool and Spa Safety Act (15 U.S.C. 8005) is amended--
            (1) in subsection (a)(2), by striking ``the eligibility of 
        a State'' each place it appears and inserting ``the eligibility 
        of a covered entity''; and
            (2) by adding at the end the following:
    ``(e) State Defined.--In this section, the term `State' includes an 
Indian Tribe.''.

SEC. 5. 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 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; 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 each of the fiscal years 2022 
through 2027 $5,000,000 to carry out the education and awareness 
program authorized by subsection (a).''.

SEC. 6. 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:

``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 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 (j) 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.''.
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