[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1796 Referred in Senate (RFS)]

111th CONGRESS
  2d Session
                                H. R. 1796


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2010

                                Received

                             August 5, 2010

  Read twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 AN ACT


 
To amend the Consumer Product Safety Act to require residential carbon 
monoxide detectors to meet the applicable ANSI/UL standard by treating 
that standard as a consumer product safety rule, to encourage States to 
  require the installation of such detectors in homes, 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 ``Carbon Monoxide Poisoning Prevention 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Carbon monoxide is a colorless, odorless gas produced 
        by burning any fuel. Exposure to unhealthy levels of carbon 
        monoxide can lead to carbon monoxide poisoning, a serious 
        health condition that could result in death.
            (2) Unintentional carbon monoxide poisoning from motor 
        vehicles and the abnormal operation of fuel-burning appliances, 
        such as furnaces, water heaters, portable generators, and 
        stoves, in residential homes and other dwelling units kills 
        more than 400 people each year and sends more than 20,000 to 
        hospital emergency rooms for treatment.
            (3) Research shows that purchasing and installing carbon 
        monoxide alarms close to the sleeping areas in residential 
        homes and other dwelling units can help avoid fatalities.
            (4) Congress should promote the purchase and installation 
        of carbon monoxide alarms in residential homes and dwelling 
        units nationwide in order to promote the health and public 
        safety of citizens throughout the Nation.

SEC. 3. DEFINITIONS.

    For purposes of this Act, the following definitions apply:
            (1) The term ``approved carbon monoxide alarm'' means a 
        carbon monoxide alarm that complies with the standards 
        published, incorporated, or amended by the Commission with 
        respect to such alarms pursuant to this Act.
            (2) The term ``carbon monoxide alarm'' means a device that 
        detects carbon monoxide and sounds a distinctive audible alert 
        before concentrations of carbon monoxide reach levels that 
        would cause symptoms of carbon monoxide poisoning.
            (3) The term ``Commission'' means the Consumer Product 
        Safety Commission.
            (4) The term ``dwelling unit'' means a room or suite of 
        rooms used for human habitation, and includes a single family 
        residence as well as each living unit of a multiple family 
        residence (including apartment buildings) and each living unit 
        in a mixed use building.
            (5) The term ``fire code enforcement officials'' means 
        officials of the fire safety code enforcement agency of a State 
        or local government.
            (6) The term ``NFPA 720'' means the Standard for the 
        Installation of Carbon Monoxide Warning Equipment in Dwelling 
        Units issued by the National Fire Protection Association in 
        2008, and any amended or similar successor standard pertaining 
        to the proper installation of carbon monoxide alarms in 
        dwelling units.

SEC. 4. ADOPTION OF CONSUMER PRODUCT SAFETY RULES.

    (a) Mandatory Standards.--Notwithstanding any other provision of 
law, not later than 90 days after the date of enactment of this Act, 
the Commission shall publish in the Federal Register as mandatory 
consumer product safety standards the American National Standard for 
Single and Multiple Station Carbon Monoxide Alarms (ANSI/UL 2034) and 
the American National Standard for Gas and Vapor Detectors and Sensors 
(ANSI/UL 2075). Such mandatory consumer product safety standards shall 
take effect 180 days after they are published.
    (b) Revision of Standards.--Beginning 1 year after the date of 
enactment of this Act, if either standard described in subsection (a) 
is revised through the applicable consensus standards development 
process, Underwriters Laboratories shall notify the Commission of the 
revision and the revision shall be incorporated in the consumer product 
safety rule unless, within 60 days of such notice, the Commission 
determines that such revision does not carry out the purposes of this 
Act and publishes the basis for such a determination in the Federal 
Register.
    (c) Rulemaking.--Notwithstanding any other provision of this Act, 
the Commission may, at any time subsequent to publication of the 
consumer product safety standards required by subsection (a), initiate 
a rulemaking in accordance with section 553 of title 5, United States 
Code, to amend either standard to include any provision that the 
Commission determines is reasonably necessary to ensure the safe and 
effective operation of carbon monoxide alarms.
    (d) Treatment of Standards for Purposes of Enforcement.--For 
purposes of enforcement under the Consumer Product Safety Act, the 
standards published by the Commission pursuant to subsection (a), 
including any revision to such standards pursuant to subsection (b) or 
(c), shall be consumer product safety rules as defined in section 
3(a)(6) of such Act (15 U.S.C. 2052(a)(6)).

SEC. 5. REPORT TO CONGRESS.

    Not later than 1 year after the date of enactment of this Act, the 
Commission shall complete a study to evaluate whether requiring a 
language or languages in addition to English would improve the 
effectiveness of the label required of manufacturers of portable 
generators by the Commission under part 1407 of title 16, Code of 
Federal Regulations, to warn consumers of carbon monoxide hazards.

SEC. 6. GRANT PROGRAM FOR CARBON MONOXIDE POISONING PREVENTION.

    (a) In General.--Subject to the availability of appropriations 
authorized by subsection (f), the Commission shall establish a grant 
program to provide assistance to eligible States and local governments 
to carry out the carbon monoxide poisoning prevention activities in 
subsection (d).
    (b) Eligibility.--To be eligible for a grant under the program, a 
State or local government shall--
            (1) demonstrate to the satisfaction of the Commission that 
        a State or local government has adopted a statute, or a State 
        or local government agency has adopted a rule, regulation, or 
        similar measure with the force and effect of law, requiring 
        approved carbon monoxide alarms to be installed in accordance 
        with NFPA 720 in dwelling units; and
            (2) submit an application to the Commission at such time, 
        in such form, and containing such additional information as the 
        Commission may require, which application may be filed on 
        behalf of any qualified State or local government by the fire 
        code enforcement officials for such State or local government.
    (c) Grant Amount; Priority.--The Commission shall determine the 
amount of the grants awarded under this section, and shall give 
priority to applications from States or local governments that--
            (1) require approved carbon monoxide alarms to be installed 
        in each existing dwelling unit--
                    (A) within which a fuel-burning appliance is 
                installed, including a furnace, boiler, water heater, 
                fireplace, or any other apparatus, appliance, or device 
                that burns fuel; or
                    (B) which has an attached garage;
            (2) propose to serve vulnerable populations such as 
        children, the elderly, or low-income households; and
            (3) demonstrate greater than average losses of life from 
        carbon monoxide poisoning in the home.
    (d) Use of Funds.--A State receiving a grant under this section may 
use grant funds--
            (1) to purchase and install approved carbon monoxide alarms 
        in the dwelling units of low-income families or elderly 
        persons, facilities that commonly serve children or the 
        elderly, including childcare facilities, public schools, and 
        senior centers, or student dwelling units owned by public 
        universities;
            (2) to train State or local fire code enforcement officials 
        in the proper enforcement of State or local laws concerning 
        approved carbon monoxide alarms and the installation of such 
        alarms in accordance with NFPA 720;
            (3) for the development and dissemination of training 
        materials, instructors, and any other costs related to the 
        training sessions authorized by this subsection; and
            (4) to educate the public about the risk associated with 
        carbon monoxide as a poison and the importance of proper carbon 
        monoxide alarm use.
    (e) Limitation on Use of Funds.--
            (1) Administrative costs.--No more than 10 percent of any 
        grant funds may be used to cover administrative costs not 
        directly related to training described in paragraph (2) of 
        subsection (d).
            (2) Public outreach.--No more than 25 percent of any grant 
        may be used to cover costs of activities described in paragraph 
        (4) of subsection (d).
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission $2,000,000 for each of fiscal years 2011 
through 2015 to carry out this Act, such sums to remain available until 
expended. Any amounts appropriated pursuant to this paragraph that 
remain unexpended and unobligated at the end of fiscal year 2015 shall 
be retained by the Commission and credited to the appropriations 
account that funds enforcement of the Consumer Product Safety Act.
    (g) Commission Report.--Not later than 1 year after the last day of 
each fiscal year for which grants are made under this section, the 
Commission shall submit to Congress a report evaluating the 
implementation of the grant program authorized by this section.

            Passed the House of Representatives July 28, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.