; and (B) has proven experience (as determined by the Commission) addressing swimming pool or spa safety and drowning prevention. . 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: 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