[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5155 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5155
To reauthorize the Virginia Graeme Baker Pool and Spa Safety Act, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 24, 2024
Ms. Klobuchar (for herself and Mr. Cornyn) 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''.
SEC. 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.''.
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 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 equivalents.--The Commission shall ensure
that more than 1 full-time equivalent is dedicated to carrying
out swimming pool and spa safety and drowning prevention
activities at the Commission, including the grant program under
this section.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission for each of the fiscal years 2024
through 2028 $2,500,000 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 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 $2,500,000 to carry out the education and awareness
program authorized 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:
``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 (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.''.
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