117 S4296 IS: Virginia Graeme Baker Pool and Spa Safety Reauthorization Act of 2022
U.S. Senate
2022-05-24
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II
117th CONGRESS
2d Session
S. 4296
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.

Short title
This Act may be cited as the “Virginia Graeme Baker Pool and Spa Safety Reauthorization Act of 2022”.
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:
“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.”.
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))”.
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:
“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.” .
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:
“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).”.
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:
“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.”.