[Congressional Record Volume 165, Number 149 (Tuesday, September 17, 2019)]
[House]
[Pages H7723-H7727]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NICHOLAS AND ZACHARY BURT CARBON MONOXIDE POISONING PREVENTION ACT OF
2019
Ms. SCHAKOWSKY. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1618) to encourage States to require the installation of
residential carbon monoxide detectors in homes, and for other purposes,
as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1618
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 ``Nicholas and Zachary Burt
Carbon Monoxide Poisoning Prevention Act of 2019''.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) 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, kills more than 400 people each year
and sends more than 15,000 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.
(b) Sense of Congress.--It is the sense of Congress that
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 United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Carbon monoxide alarm.--The term ``carbon monoxide
alarm'' means a device or system that--
(A) detects carbon monoxide; and
(B) is intended to alarm at carbon monoxide concentrations
below those that could cause a loss of ability to react to
the dangers of carbon monoxide exposure.
(2) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(3) Compliant carbon monoxide alarm.--The term ``compliant
carbon monoxide alarm'' means a carbon monoxide alarm that
complies with the most current version of--
(A) the American National Standard for Single and Multiple
Station Carbon Monoxide Alarms (ANSI/UL 2034); or
(B) the American National Standard for Gas and Vapor
Detectors and Sensors (ANSI/UL 2075).
(4) Dwelling unit.--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) Fire code enforcement officials.--The term ``fire code
enforcement officials'' means officials of the fire safety
code enforcement agency of a State or local government.
(6) International fire code.--The term ``IFC'' means--
(A) the 2015 or 2018 edition of the International Fire Code
published by the International Code Council; or
(B) any amended or similar successor code pertaining to the
proper installation of carbon monoxide alarms in dwelling
units.
(7) International residential code.--The term ``IRC''
means--
(A) the 2015 or 2018 edition of the International
Residential Code published by the International Code Council;
or
(B) any amended or similar successor code pertaining to the
proper installation of carbon monoxide alarms in dwelling
units.
(8) NFPA 72.--The term ``NFPA 72'' means--
(A) the National Fire Alarm and Signaling Code issued in
2019 by the National Fire Protection Association; or
(B) any amended or similar successor standard pertaining to
the proper installation of carbon monoxide alarms in dwelling
units.
(9) State.--The term ``State'' has the meaning given such
term in section 3 of the Consumer Product Safety Act (15
U.S.C. 2052) and includes the Northern Mariana Islands and
any political subdivision of a State.
SEC. 4. GRANT PROGRAM FOR CARBON MONOXIDE POISONING
PREVENTION.
(a) In General.--Subject to the availability of
appropriations authorized under subsection (f), the
Commission shall establish a grant program to provide
assistance to eligible States to carry out the carbon
monoxide poisoning prevention activities described in
subsection (e).
(b) Eligibility.--For purposes of this section, an eligible
State is any State that--
(1) demonstrates to the satisfaction of the Commission that
the State has adopted a statute or a rule, regulation, or
similar measure with the force and effect of law, requiring
compliant carbon monoxide alarms to be installed in dwelling
units in accordance with NFPA 72, the IFC, or the IRC; and
(2) submits 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 the State by the fire code enforcement officials
for such State.
(c) Grant Amount.--The Commission shall determine the
amount of the grants awarded under this section.
(d) Selection of Grant Recipients.--In selecting eligible
States for the award of grants under this section, the
Commission shall give favorable consideration to an eligible
State that--
(1) requires the installation of compliant carbon monoxide
alarms in new or existing educational facilities, childcare
facilities, health care facilities, adult dependent care
facilities, government buildings, restaurants, theaters,
lodging establishments, or dwelling units--
(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; and
(2) has developed a strategy to protect vulnerable
populations such as children, the elderly, or low-income
households.
(e) Use of Grant Funds.--
(1) In general.--An eligible State receiving a grant under
this section may use such grant--
(A) to purchase and install compliant 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;
(B) to train State or local fire code enforcement officials
in the proper enforcement of State or local laws concerning
compliant carbon monoxide alarms and the installation of such
alarms in accordance with NFPA 72, the IFC, or the IRC;
(C) for the development and dissemination of training
materials, instructors, and any other costs related to the
training sessions authorized by this subsection; and
(D) to educate the public about the risk associated with
carbon monoxide as a poison and the importance of proper
carbon monoxide alarm use.
(2) Limitations.--
(A) Administrative costs.--Not more than 10 percent of any
grant amount received
[[Page H7724]]
under this section may be used to cover administrative costs
not directly related to training described in paragraph
(1)(B).
(B) Public outreach.--Not more than 25 percent of any grant
amount received under this section may be used to cover costs
of activities described in paragraph (1)(D).
(f) Authorization of Appropriations.--
(1) In general.--Subject to paragraph (2), there is
authorized to be appropriated to the Commission, for each of
the fiscal years 2020 through 2024, $2,000,000, which shall
remain available until expended to carry out this Act.
(2) Limitation on administrative expenses.--Not more than
10 percent of the amounts appropriated or otherwise made
available to carry out this section may be used for
administrative expenses.
(3) Retention of amounts.--Any amounts appropriated
pursuant to this subsection that remain unexpended and
unobligated on September 30, 2024, shall be retained by the
Commission and credited to the appropriations account that
funds the enforcement of the Consumer Product Safety Act (15
U.S.C. 2051).
(g) Report.--Not later than 1 year after the last day of
each fiscal year for which grants are awarded under this
section, the Commission shall submit to Congress a report
that evaluates the implementation of the grant program
required by this section.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Illinois (Ms. Schakowsky) and the gentleman from Missouri (Mr. Long)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Illinois.
General Leave
Ms. SCHAKOWSKY. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous materials on H.R. 1618.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Illinois?
There was no objection.
Ms. SCHAKOWSKY. Mr. Speaker, I yield myself such time as I may
consume.
I rise in strong support of H.R. 1618, the Nicholas and Zachary Burt
Carbon Monoxide Poisoning Prevention Act of 2019. This important
bipartisan legislation was introduced by Representatives Annie Kuster
and Buddy Carter.
This bill advanced out of the Energy and Commerce Committee on July
17, 2019, by voice vote, unanimous.
Carbon monoxide--colorless, odorless, tasteless--is a silent killer.
More than 400 people die and approximately 50,000 people visit
emergency rooms every year in the United States from carbon monoxide
poisoning.
The tragedy is that these deaths and injuries are preventable. All
that is needed is the installation of carbon monoxide detectors.
However, many people remain unaware of the importance of carbon
monoxide detectors or don't know how to install or maintain them
properly.
{time} 1615
This legislation aims to change that. It will assist States in
educating the public on the dangers of carbon monoxide poisoning and
the proper use of carbon monoxide detectors.
It will also provide States with grants so States can purchase and
install carbon monoxide detectors in the homes of elderly and low-
income citizens, as well as in educational facilities.
Mr. Speaker, I call on all my colleagues to support this commonsense
measure, and I reserve the balance of my time.
House of Representatives,
COmmittee on House Administration,
Washington, DC, September 13, 2019.
Dear Chairman Pallone: I am writing to you regarding H.R.
1618, the ``Nicholas and Zachary Burt Carbon Monoxide
Poisoning Prevention Act of 2019.'' This measure, introduced
on March 7, 2019, was referred to your committee as well as
the Committee on House Administration.
The Committee on House Administration agrees to waive
further consideration of H.R. 1618. The Committee does so
with the understanding that by waiving further consideration
of this bill it does not waive any future jurisdictional
claims over similar measures.
I would appreciate the inclusion of this letter and a copy
of your response in the Congressional Record during
consideration of H.R. 1618 on the House floor.
Sincerely,
Zoe Lofgren,
Chairperson.
____
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, September 16, 2019.
Hon. Zoe Lofgren,
Chair, Committee on House Administration,
House of Representatives, Washington, DC.
Dear Chairperson Lofgren: Thank you for consulting with the
Committee on Energy and Commerce and agreeing to discharge
H.R. 1618 Nicholas and Zachary Burt Carbon Monoxide Act of
2019 from further consideration, so that the bill may proceed
expeditiously to the House floor.
As introduced, H.R. 1618, includes language related to the
Government Publishing Office. I understand such language was
included by bill sponsors in H.R. 1618 and previous versions
of this legislation in an effort to comply with a House CUTGO
rule that was in effect during prior Congresses.
I agree that your forgoing further action on this measure
does not in any way diminish or alter the jurisdiction of
your committee or prejudice its jurisdictional prerogatives
on this measure or similar legislation in the future.
I will ensure our letters on H.R. 1618 are entered into the
Congressional Record during floor consideration of the bill.
I appreciate your cooperation regarding this legislation.
Sincerely,
Frank Pallone, Jr.,
Chairman.
Mr. LONG. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, unfortunately, once again, I can relate to what this
bill is trying to address. I was an auctioneer for over 30 years before
I came to this body, and there was a college professor who attended
hundreds of my auctions over the years. He was quite a toy collector,
and he was also a professor at Missouri State University in my hometown
of Springfield. Very tragically, within the last couple of years, he
and his wife both succumbed to carbon monoxide poisoning.
It is a silent killer. It can happen anywhere. There is no warning--
any time, any place. Anything we can do to augment a solution here
would be very, very good.
H.R. 1618 directs the Consumer Product Safety Commission to establish
a grant program for States to purchase and install carbon monoxide
alarms in dwelling units of low-income families; for the elderly;
facilities that commonly serve children or the elderly, including
childcare facilities, public schools, and senior centers; or dwelling
units owned by public universities; and to assist in enforcement and
education efforts related to carbon monoxide poisoning.
Carbon monoxide poisoning can happen anywhere in the United States,
regardless of location or other external factors. It is an issue that
is much more frequent than many realize.
According to the CDC, 50,000 people a year in the United States
experience carbon monoxide poisoning. Of those, at least 430 people die
from accidental carbon monoxide poisoning.
These grants will go a long way to carrying out carbon monoxide
poisoning prevention actions, as they can be used for everything from
installing alarms in these units of elderly individuals to training
officials in the installation of such alarms.
I am pleased to support passage of this bill today. It will improve
safety and provide the tools and resources needed to combat this issue.
Mr. Speaker, I urge my colleagues to support H.R. 1618, and I reserve
the balance of my time.
Ms. SCHAKOWSKY. Mr. Speaker, I yield 3 minutes to the gentlewoman
from New Hampshire (Ms. Kuster), the chief sponsor of this legislation.
Ms. KUSTER of New Hampshire. Mr. Speaker, I thank Representative
Schakowsky for yielding.
I want to say to Representative Long that I am so sorry for his loss,
and, again, it is appropriate to be with him on the floor today.
Mr. Speaker, more than 20 years ago, Cheryl and Todd Burt experienced
an unimaginable tragedy when their two sons, Zachary and Nicholas, died
as a result of carbon monoxide poisoning. Zachary was 4 years old;
Nicholas was only 16 months old. Cheryl, Todd, and their eldest son,
Ryan, barely made it out of the home alive on that cold January
evening.
Today, the House is considering H.R. 1618, the Zachary and Nicholas
Burt Carbon Monoxide Poisoning Prevention Act.
This legislation is named in honor of Zachary and Nicholas, but it is
truly for the over 400 Americans who die each year and more than 20,000
who are hospitalized as a result of carbon monoxide poisoning. Among
them are two of my constituents, John and April Courtney from Lyman,
New Hampshire, who lost their lives to carbon monoxide poisoning just
last February of this year.
[[Page H7725]]
While it happens most frequently in cold winter months, carbon
monoxide poisoning actually happens throughout this country.
As a mother and an aunt, I know there is nothing more important than
keeping our children and our loved ones safe, and that is why I am so
proud today that the House is preparing to vote on my bipartisan
legislation with my colleague Buddy Carter, which provides funding for
States to prevent future carbon monoxide-related deaths by educating
the public about the dangers of carbon monoxide poisoning and the
importance of properly installing alarms in their home.
It also supports the installation of carbon monoxide detectors in
housing for the elderly and low-income individuals and high-traffic
public buildings like schools. This bipartisan legislation will truly
save lives.
Mr. Speaker, I want to thank my distinguished colleague, Buddy
Carter, for working on this bill with me and helping to build a
consensus for its unanimous passage in the Energy and Commerce
Committee. I also want to thank Chairman Pallone and Congresswoman
Schakowsky for making this piece of legislation a priority and
including it in the package of bills today.
At a time when Congress so often seems divided, this legislation is
proof positive that we can work together on our committee to find
common ground and get things done to help our constituents.
Finally, Mr. Speaker, I would like to recognize and thank Anna Yu and
Alex Chasick from the Energy and Commerce Committee staff and Hart
Thompson and Nick Schemmel from Congressman Carter's office for
collaborating with my team, Will Pisano and Travis Krogman, to move
this legislation forward.
I am proud that this bill is supported by a diverse coalition of
public safety and industry groups, and I include in the Record five
letters of support.
The first is a letter from 15 national organizations representing
consumers throughout the United States. The second is a letter of
support from the National Association of State Fire Marshals.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Ms. SCHAKOWSKY. Mr. Speaker, I yield an additional 15 seconds to the
gentlewoman.
Ms. KUSTER of New Hampshire. Mr. Speaker, I thank the gentlewoman for
yielding. I will be quick.
The third letter of support is from the National Association of Home
Builders, which will demonstrate the bipartisan support. The fourth is
from Consumer Reports, and finally one from the National Electrical
Manufacturers Association.
September 16, 2019.
Dear Representative: As organizations dedicated to
improving consumer protections, we write to express our
support for two consumer product safety bills as they move to
the House floor this week. These bills would enhance
protections to prevent deaths from portable fuel cans and
injuries and deaths from carbon monoxide poisoning. We urge
you to support these bills to protect children and all
consumers from preventable injuries and deaths.
The Nicholas and Zachary Burt Carbon Monoxide Poisoning
Prevention Act of 2019 (H.R. 1618) would establish a grant
program, administered by the CPSC, that would encourage
states to require the installation of residential carbon
monoxide detectors, including for vulnerable populations.
According to the CDC, during 2010-2015, a total of 2,244
deaths resulted from unintentional carbon monoxide (CO)
poisoning, with 393 of those deaths occurring in 2015. This
bill seeks to reduce carbon monoxide poisonings.
The Portable Fuel Container Safety Act of 2019 (H.R. 806)
would help prevent flame-jetting incidents through
establishing a binding and enforceable standard that would
require flame mitigation devices, or flame arrestors, on
portable fuel containers to prevent flames from entering
these containers and igniting the gases inside. According to
National Fire Protection Association estimates, fire
departments responded to an average of 160,910 fires per year
between 2007 and 2011 that started with ignition of a
flammable or combustible liquid, resulting in an estimated
454 civilian deaths, 3,910 civilian injuries, and $1.5
billion in direct property damage per year.
These bills offer a critical opportunity to protect
children and all consumers from preventable injuries and
deaths. We urge you to support these child health and safety
bills, and to vote ``yes'' on them as they move to the House
floor this week.
Sincerely,
Alaska Public Interest Research Group (AkPIRG), Center for
Justice & Democracy, Chicago Consumer Coalition, Child Injury
Prevention Alliance, Consumer Assistance Council, Inc.,
Consumer Federation of America, Kids In Danger, National
Consumers League, OHSU/Doernbecher Tom Sargent Safety Center,
Parents for Window Blind Safety, Public Citizen, Safe Kids
Worldwide, Safe States Alliance, The Society for Advancement
of Violence and Injury Research (SAVIR), Virginia Citizens
Consumer Council.
____
National Association of
State Fire Marshals,
Maitland, FL, September 16, 2019.
Hon. Ann Kuster,
House of Representatives,
Washington, DC.
Dear Congresswoman Kuster: The National Association of
State Fire Marshals (NASFM) thanks you for your continued
leadership in consumer product safety issues, and
specifically in protecting Americans from carbon monoxide
(CO) poisoning. NASFM strongly endorses H.R. 1618, the
Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning
Prevention Act of 2019.
The National Association of State Fire Marshals membership
comprises the most senior fire officials in the United
States. NASFM's mission is to protect human life, property
and the environment from fire and related hazards. As such,
we are extremely supportive of your legislation, which will
amend the Consumer Product Safety Act to require residential
carbon monoxide alarms to meet the applicable ANSI/UL
standards by treating that standard as a consumer product
safety rule, to encourage States to require the installation
of such detectors in homes, and in an overall effort to
prevent carbon monoxide poisoning.
Carbon Monoxide poisoning is a proven dangerous threat,
claiming approximately 450 lives annually, with another
21,000 Americans sent to emergency rooms due to unintentional
poisonings, according to Centers for Disease Control and
Prevention (CDC). Per the CDC, CO poisoning is the leading
cause of accidental poisoning deaths in America, and because
CO is an odorless, tasteless and colorless gas, many people
are initially unaware they are even being poisoned.
``The National Association of State Fire Marshals
enthusiastically supports H.R. 1618, the Carbon Monoxide
Poisoning Prevention Act of 2019,'' said NASFM Executive
Director Jim Narva, ``It's important we all strive to
mitigate the potentially fatal effects of CO Poisoning. With
States focusing on low-income families, the elderly and
children, the enactment of this Bill and its grant program
will save countless lives.''
Thank you again for your leadership on the carbon monoxide
alarm issue and we look forward to working to enact into law
this important public safety prevention legislation.
Sincerely,
Jim Narva,
Executive Director,
National Association of State Fire Marshals.
____
National Association of
Home Builders,
September 16, 2019.
Hon. Ann Kuster,
House of Representatives,
Washington, DC.
Hon. Buddy Carter,
House of Representatives,
Washington, DC.
Dear Representatives Kuster and Carter: On behalf of the
approximately 140,000 members of the National Association of
Home Builders (NAHB), I am writing to express my support for
H.R. 1618, Nicholas and Zachary Burt Carbon Monoxide
Poisoning Prevention Act of 2019. We appreciate your
willingness to work with us on this important issue.
The Nicholas and Zachary Burt Carbon Monoxide Poisoning
Prevention Act of 2019 would create a grant program to
encourage states to install carbon monoxide detectors in
public facilities. NAHB members are involved in land
development and building single-family and multi-family
housing, remodeling, and other aspects of residential and
light commercial construction. While our members are
typically not involved in building schools, hospitals,
airports, and other public buildings, we recognize the
importance of requiring carbon monoxide detectors.
According to the Center of Disease Control, at least 430
people die in the United States from accidental carbon
monoxide poisoning. As a response, majority of the states
have adopted statues, via building codes or state law, that
requires carbon monoxide detectors in all residential
buildings. NAHB supports legislation like this that promotes
the safety of occupants in a cost-effective way.
NAHB appreciates your leadership on this life saving
legislation and we look forward to working with you on future
legislation.
Sincerely,
James W. Tobin III.
____
Consumer Reports,
September 17, 2019.
House of Representatives,
Washington, DC.
Dear Representative: Consumer Reports, the independent,
non-profit member organization, urges you to vote yes on H.R.
2211, H.R. 1618, and H.R. 806, three bills that would
[[Page H7726]]
help protect consumers from product safety hazards in their
homes. CR testified before the House Energy and Commerce
Committee in support of these bills in June, and urges their
passage today for the reasons below.
H.R. 2211, the STURDY Act
Consumer Reports strongly supports H.R. 2211, the ``Stop
Tip-overs of Unstable, Risky Dressers on Youth Act,'' or the
STURDY Act, and urges its swift passage. The bill would
require the Consumer Product Safety Commission (CPSC) to
establish a strong mandatory safety standard to improve the
stability of dressers and similar clothing storage furniture
and help prevent deaths and injuries resulting from when they
tip over onto children. Long a hidden hazard in the home,
tip-overs send thousands of people to the emergency room
annually. Dressers and other clothing storage units are
particularly lethal, accounting for at least 206 reported
deaths since the year 2000, with most of the victims being
children younger than age 6.
CR has found that the most effective and most widely touted
tip-over prevention strategy available today--anchoring a
dresser to the wall using brackets and straps--is not an easy
fix for the majority of consumers. Our nationally
representative survey last year of 1,502 U.S. adults found
that only 27 percent of Americans had anchored furniture in
their homes, and among Americans with kids under age 6 at
home, 40 percent anchored their furniture. Fundamentally,
because a child's life should not rely on consumer skill at
anchoring a dresser to a wall, CR has called on the furniture
industry to consistently produce dressers and other clothing
storage units that are designed to be more stable and that
better resist tipping over onto children.
Over the past two years, CR has conducted extensive
research, analysis of incident and injury data, and
comparative testing of a cross-section of dressers in the
marketplace. Based on our investigation, we found that the
industry's voluntary standard leaves too many children at
risk. Our results demonstrated that it is feasible for
dressers at all price points to pass a more rigorous test. CR
bought 42 dressers for evaluation, and put them through a
series of three progressively tougher stability tests. While
13 dressers failed all but the first of the tests, 20
dressers passed all the testing, underscoring that
manufacturers are capable of successfully designing more
stable dressers. The failures reinforce why a stronger
standard is necessary to protect consumers. The 20 dressers
that passed all our tests cost various amounts, and were
representative of all price points in the market.
In light of the unreasonable risk of death or injury to
children and the findings of our investigation, CR and others
have been advocating for the CPSC to develop and implement a
strong mandatory safety standard with performance
requirements for the stability of dressers and other clothing
storage units. While both Republican and Democratic CPSC
commissioners have expressed support for measures to
strengthen the current safety framework around furniture tip-
overs, the agency has so far failed to act, and commissioners
have recognized that CPSC rulemaking under its Consumer
Product Safety Act Section 7 and 9 authority is likely to
take several years, if not a full decade, to complete. To
account for the weight of children under age 6 and the
feasibility demonstrated by CR's test results, CR has said
the standard should, at a minimum, include a loaded stability
test of 60 pounds. We also have said that it is critical for
the standard to be mandatory, not voluntary, for several
reasons, including because:
Under the current system of safety oversight, consumers
essentially must place their trust in manufacturers that they
will produce a reasonably stable dresser;
Wall anchors and other tip-over restraint devices, while
important, are no substitute for adequate stability
performance testing;
A mandatory standard is justified under the Consumer
Product Safety Act--with the CPSC able to find that such a
rule is reasonably necessary and in the public interest;
CR's testing shows that manufacturers are capable of
incorporating appropriate design changes to their products
that yield adequate stability, and of offering units for sale
to consumers that are affordable and do not sacrifice
utility; and
Such a standard would allow the CPSC to enforce
requirements, including performance standards, and more
readily gain industry cooperation for recalls; historically,
companies have not carried out tip-over-related dresser
recalls unless they face overwhelming CPSC and public
pressure, or their product is linked to a death or failed
CPSC stability test.
Enactment of the STURDY Act would help ensure the fastest
possible implementation of a strong stability standard, and
the reduced delay could save children's lives. In addition to
CR, the bill has the support of Parents Against Tip-Overs and
a broad coalition of 75 pediatrician, safety, and consumer
groups. A bipartisan majority of CPSC commissioners also has
expressed support for the STURDY Act and enactment of a
legislative solution that would permit the CPSC to take
faster action to help prevent tip-overs than the promulgation
of a rule under its traditional rulemaking authority and
procedures.
The hazard to children of furniture tip-overs has been
insufficiently addressed by both the furniture industry and
the CPSC for years. Congress, today, has the chance to
finally force a more protective stability standard to take
effect. We urge members to seize this opportunity for
leadership on behalf of child safety and pass H.R. 2211, the
STURDY Act, without delay.
H.R. 1618, the Nicholas and Zachary Burt Carbon Monoxide Poisoning
Prevention Act
Consumer Reports supports H.R. 1618, the Nicholas and
Zachary Burt Carbon Monoxide Poisoning Prevention Act of
2019. According to the CDC, during 2010-2015, a total of
2,244 deaths resulted from unintentional carbon monoxide (CO)
poisoning, with 393 of those deaths occurring in 2015. CR
often stresses the importance of installing and maintaining
CO detectors, and offers a buying guide and ratings to give
consumers comparative information about different products
that CR has tested. To help keep consumers safe, CR also has
published stories about how to ensure that smoke and carbon
monoxide detectors function properly.
H.R. 1618 would establish a grant program for CO poisoning
prevention, administered by the CPSC. The grants would help
push states to require that up-to-date carbon monoxide
detectors be installed in all dwelling units and numerous
other facilities with the capacity to hold a large number of
people, and encourage states to develop a strategy to protect
vulnerable populations such as children, the elderly, or low-
income households. With hundreds of people dying each year
from carbon monoxide poisoning, it is appropriate to
establish a modest CPSC-administered grant program to promote
the installation of CO detectors, especially for vulnerable
populations. This grant program can be an important part of a
broader, multi-pronged strategy to significantly reduce
injuries and deaths associated with carbon monoxide
poisoning, and Congress should pass the bill.
H.R. 806, the Portable Fuel Container Safety Act
Consumer Reports supports H.R. 806, the Portable Fuel
Container Safety Act of 2019. According to National Fire
Protection Association estimates, fire departments responded
to an average of 160,910 fires per year in the 2007-2011
period that started with ignition of a flammable or
combustible liquid, resulting in an estimated 454 civilian
deaths, 3,910 civilian injuries, and $1.5 billion in direct
property damage per year. Manufacturers and safety experts
have identified a portion of the death and injury toll to
address through product design: incidents involving flame
jetting from portable fuel containers intended for reuse by
consumers.
Despite the fact that people should never pour fuel such as
gasoline, kerosene, or diesel over a flame or use such fuel
for fire-starting purposes, people do--creating a foreseeable
scenario that this Act would help address. The Portable Fuel
Container Safety Act would require flame mitigation devices,
or flame arrestors, to prevent flame from entering these
containers and igniting the gases inside. This requirement is
consistent with a new voluntary standard recently finalized
by ASTM International that the CPSC could decide to treat as
a mandatory standard under the bill if the agency determines
that it meets the bill's minimum conditions.
The new ASTM standard represents a step forward for safety,
and all portable fuel containers intended for reuse by
consumers should conform to its provisions. Congress should
pass H.R. 806 to ensure this standard or a similar standard
becomes mandatory. Consumers should have assurance that any
new portable fuel container they may buy--which they or
someone else may use or misuse--will contain an effective
flame mitigation device, and that the CPSC can readily take
action if a manufacturer fails to follow the law.
Conclusion
Consumer Reports thanks all members of the House of
Representatives for their consideration of these important
bills to improve safety around the home for millions of
people nationwide. We urge you to vote yes on H.R. 2211, H.R.
1618, and H.R. 806, and look forward to working together in
the future to ensure a safe marketplace for all consumers.
Sincerely,
William Wallace,
Manager, Home and Safety Policy.
____
National Electrical
Manufacturers Association,
September 9, 2019.
Re NEMA Support for H.R. 1618--Nicholas and Zachary Burt
Memorial Carbon Monoxide Poisoning Prevention Act.
Hon. Ann M. Kuster,
House of Representatives,
Washington, DC.
Dear Representative Kuster: The National Electrical
Manufacturers Association (NEMA) is the principal trade group
representing U.S.-based manufacturers of electrical products
and systems and medical imaging technology. On behalf of
NEMA's Fire, Life Safety, Security & Emergency Communications
product section, I am writing to express support for H.R.
1618, which promotes the purchase and installation of carbon
monoxide (CO) alarms in residential homes and dwelling units
nationwide. This measure is overdue and NEMA commends you for
your leadership on this important health & safety issue.
Carbon monoxide is a silent killer. Undetectable by human
senses--you cannot see it, smell it or taste it--CO is the
leading cause of accidental poisoning death in the
[[Page H7727]]
United States. Often misdiagnosed or under-detected, CO
poisoning induces symptoms that mimic those of the flu, with
headache, nausea and dizziness being the most common. A CO
alarm or detector is an inexpensive, effective way to warn
that a dangerous concentration of CO is present, which can
occur whenever a fuel-burning appliance such as a furnace,
water heater, stove, or generator malfunctions or is used
improperly. Other common household sources of CO include
fireplaces and vehicles left running in attached garages.
According to the Centers for Disease Control, each year
more than 400 Americans die from unintentional CO poisoning
not linked to fires, more than 20,000 visit the emergency
room, and more than 4,000 are hospitalized. Regrettably, many
of these incidents could be prevented by properly installed
and maintained alarm systems.
The need for detection and alarms is especially acute in
homes, where people sleep and typically spend most of their
time. Any residence that contains a potential source of CO
emissions should be equipped with protection from this
insidious life-safety hazard.
Most states (as well as Puerto Rico and Guam) have enacted
laws requiring CO detection in residential dwellings, and it
is likely that more will adopt similar legislation or codes
in the coming years. These measures--along with education
efforts--have proven successful in reducing CO-related
injuries and deaths, but laws alone do not guarantee that
protection is in place wherever it is needed.
The Nicholas and Zachary Burt Memorial Carbon Monoxide
Poisoning Prevention Act will help states and local
governments implement these programs and provide greater
assurance that families are protecting themselves and their
loved ones from CO. NEMA particularly supports the bill's
emphasis on facilities that serve children and the elderly,
since they are especially susceptible to the effects of CO
exposure. All schools should have proper CO detection systems
in place and NEMA welcomes federal support in this regard.
NEMA's Fire, Life Safety, Security & Emergency
Communications product section includes the world's leading
manufacturers of systems and devices that guard against not
only CO but other commonplace life safety hazards such as
fire and smoke. These companies strongly endorse measures
that help to reduce these hazards in more spaces and
environments where people gather. H.R. 1618 is an important
step in that regard and NEMA is pleased to support its
enactment.
Very truly yours,
Philip Squair,
Vice President--Government Relations.
Ms. KUSTER of New Hampshire. So, again, Mr. Speaker, this bill has
strong bipartisan support, and I encourage all my colleagues to support
it.
Mr. LONG. Mr. Speaker, I am prepared to close.
When we go home, people say: Well, can't you all agree on anything up
there in Washington, because all you all do is fight? Why can't you
work in a bipartisan fashion?''
I will admit, sometimes it seems like we can't agree to the fact that
the Sun is going to come up in the east tomorrow, but on this bill,
there is bipartisan support. We agree.
Mr. Speaker, I want to urge my colleagues to support H.R. 1618, and I
yield back the balance of my time.
Ms. SCHAKOWSKY. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I thank Congressman Long for his work on this
legislation. It was really a pleasure to work with him on these bills.
Mr. Speaker, I want to close as well, but I want to say, once in a
while we will read in the paper of a family that fell victim to carbon
monoxide poisoning, but mostly this is one by one by one, a couple
people here, a couple people there, and it doesn't make the headlines
as a problem. Yet we heard the numbers, the astonishing numbers of
people who fall victim--sometimes, and many times, fatally, not
always--to carbon monoxide poisoning.
Again, this is something that is absolutely preventable, and so I am
very grateful and hopeful that all our colleagues will support this
legislation.
Mr. Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise today in strong support of H.R.
1618, the ``Nicholas and Zachary Burt Carbon Monoxide Poisoning
Prevention Act of 2019.''
I thank Congresswoman Kuster of New Hampshire for introducing this
legislation which will save the lives of many children.
H.R. 1618 directs the Consumer Product Safety Commission to establish
a grant program to provide assistance to States for specified
activities related to the prevention of carbon monoxide poisoning,
including installation of alarms in certain dwellings and facilities.
More specifically, this grant would assist in installing alarms in
dwelling units of low-income families or the elderly, childcare
facilities, public schools, senior centers, and student dorms owned by
public universities.
In addition to installation efforts, this bill would also assist in
enforcement and education efforts related to carbon monoxide detectors.
Carbon monoxide is a colorless, odorless gas produced by burning
fuel.
Exposure to unhealthy levels of carbon monoxide can lead to carbon
monoxide poisoning, a serious health condition that could result in
death.
In the month of August, a carbon monoxide leak at the Raveneaux
Apartments in Houston sent eighteen people to the hospital--seven of
these victims were children.
This time, all of the victims survived.
More than 150 people in the United States die from carbon monoxide
poisoning every year.
Home deaths account for the majority of accidental carbon monoxide
poisoning, and 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.
That is why I urge all Members to join me in voting for H.R. 1618.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Illinois (Ms. Schakowsky) that the House suspend the
rules and pass the bill, H.R. 1618, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________