S. 3467 — Virginia Graeme Baker Pool and Spa Safety Reauthorization Act

This section expands the definition of covered entity under the Virginia Graeme Baker Pool and Spa Safety Act to include qualified nonprofit organizations (in addition to states and Indian tribes). A qualified nonprofit organization is a 501(c)(3) tax-exempt entity with proven experience, as determined by the Consumer Product Safety Commission, in addressing swimming pool or spa safety and drowning prevention. (Thus, expanding eligibility for grants under the act, which support state enforcement of pool drain safety standards and public education to prevent child drownings and entrapments.)

This section revises the swimming pool safety grant program under the Virginia Graeme Baker Pool & Spa Safety Act (i.e., grants to support enforcement of state/tribal laws on pool/spa drain covers and other safety standards to prevent child drowning or entrapment). (1) expands eligibility to nonprofit organizations if the relevant state or tribal jurisdiction has enacted and enforces a qualifying law; (2) establishes grant selection priorities (e.g., first-time recipients, expanding education, high-drowning areas, underserved/rural communities) and requires geographic diversity with technical assistance for overlapping grantees; (3) modifies grant amount considerations to differentiate between states/Indian Tribes (population, enforcement/implementation/education needs) and nonprofits (number of individuals reached, rural costs); (4) for states/Indian Tribes, requires at least 25% of funds for hiring/training personnel (now including pool/spa drain cover inspections, repairs, or replacements) and administration, with the remainder for public education and administration, while limiting nonprofits to education and administration; and (5) requires grantees to report grant amounts and proposed/actual uses within 90 days after the project period.

This section reauthorizes and expands the Consumer Product Safety Commission's (CPSC) education and awareness program under the Virginia Graeme Baker Pool & Spa Safety Act to prevent drowning and entrapment in swimming pools and spas. (The program requires the CPSC to develop educational materials for manufacturers, service companies, owners, operators, consumers, states, Indian Tribes, and others, as well as a national media campaign.) Specifically, it (1) adds nonprofit organizations as recipients of educational materials under existing requirements, (2) requires new educational materials targeted to historically disadvantaged communities with above-average drowning rates, and (3) authorizes $2,500,000 annually for FY2026 through FY2030 (previously, $2,500,000 for FY2023 only).

This section revises the Consumer Product Safety Commission's (CPSC) annual reporting requirement to Congress under the Virginia Graeme Baker Pool and Spa Safety Act by changing the referenced grant program from section 8004 to section 1405 and requiring each report to include (1) the number of grant applicants and details on each, such as name, location, prior experience in pool or spa safety, and other relevant information; (2) the number of grants awarded and amounts received by each recipient; (3) the recipient selection process and each recipient's proposed uses of funds; (4) any other uses of amounts appropriated under section 1405(i); and (5) an evaluation of program effectiveness, including barriers or gaps and recommendations for legislative changes. (The grants under section 1405 support qualified state and local programs to adopt and enforce pool and spa safety laws addressing drain cover standards and other entrapment hazards.)