Virginia Graeme Baker Pool and Spa Safety Reauthorization Act of 2022
This bill reauthorizes through FY2027 and expands swimming pool safety grants and education and awareness programs.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7877 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7877
To reauthorize the Virginia Graeme Baker Pool and Spa Safety Act, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 24, 2022
Ms. Wasserman Schultz (for herself, Mr. Carter of Texas, Mr. Allred,
and Mr. Burgess) 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 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) People in rural areas of the United States are 26
percent more likely to die by drowning than people in urban
areas of the United States.
``(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) 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
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) 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 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.
``(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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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