[Congressional Record Volume 166, Number 214 (Thursday, December 17, 2020)]
[Senate]
[Pages S7639-S7641]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




NICHOLAS AND ZACHARY BURT MEMORIAL CARBON MONOXIDE POISONING PREVENTION 
                              ACT OF 2019

  Mr. BRAUN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 524, S. 481.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 481) to encourage States to require the 
     installation of residential carbon monoxide detectors in 
     homes, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Nicholas and Zachary Burt 
     Memorial 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 improper operation of fuel-burning appliances, 
     such as furnaces, water heaters, portable generators, and 
     stoves, annually kills more than 400 individuals and sends 
     approximately 15,000 individuals to hospital emergency rooms 
     for treatment.
       (3) Research shows that 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 installation of carbon monoxide 
     alarms in residential homes and dwelling units across the 
     United States 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 sound an alarm at a carbon monoxide 
     concentration below a concentration that could cause a loss 
     of the 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 Standard for Single and Multiple Station Carbon 
     Monoxide Alarms of the American National Standards Institute 
     and UL (ANSI/UL 2034), or any successor standard; and
       (B) the Standard for Gas and Vapor Detectors and Sensors of 
     the American National Standards Institute and UL (ANSI/UL 
     2075), or any successor standard.
       (4) Dwelling unit.--The term ``dwelling unit''--
       (A) means a room or suite of rooms used for human 
     habitation; and
       (B) includes--
       (i) a single family residence;
       (ii) each living unit of a multiple family residence, 
     including an apartment building; and
       (iii) 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 or a 
     Tribal organization.
       (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 720.--The term ``NFPA 720'' means--
       (A) the Standard for the Installation of Carbon Monoxide 
     Detection and Warning Equipment issued by the National Fire 
     Protection Association in 2012; and
       (B) any amended or similar successor standard relating to 
     the proper installation of carbon monoxide alarms in dwelling 
     units.
       (9) State.--The term ``State''--
       (A) has the meaning given the term in section 3(a) of the 
     Consumer Product Safety Act (15 U.S.C. 2052(a)); and
       (B) includes--
       (i) the Commonwealth of the Northern Mariana Islands; and
       (ii) any political subdivision of a State.
       (10) Tribal organization.--The term ``Tribal organization'' 
     has the meaning given the term in section 4(l) of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5304(l)).

     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 States and Tribal organizations that are 
     eligible under subsection (b) to carry out the carbon 
     monoxide poisoning prevention activities described in 
     subsection (e).
       (b) Eligibility.--For the purposes of this section, an 
     eligible State or Tribal organization is any State or Tribal 
     organization that--
       (1) demonstrates to the satisfaction of the Commission that 
     the State or Tribal organization 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--
       (A) to the Commission at such time, in such form, and 
     containing such additional information as the Commission may 
     require; and

[[Page S7640]]

       (B) that may be filed on behalf of the State or Tribal 
     organization by the fire safety code enforcement agency of 
     that State or Tribal organization.
       (c) Grant Amount.--The Commission shall determine the 
     amount of each grant awarded under this section.
       (d) Selection of Grant Recipients.--In selecting eligible 
     States and Tribal organizations for the award of grants under 
     this section, the Commission shall give favorable 
     consideration to an eligible State or Tribal organization 
     that--
       (1) requires the installation of a compliant carbon 
     monoxide alarm in a new or existing educational facility, 
     childcare facility, health care facility, adult dependent 
     care facility, government building, restaurant, theater, 
     lodging establishment, or dwelling unit--
       (A) within which a fuel-burning appliance, including a 
     furnace, boiler, water heater, fireplace, or any other 
     apparatus, appliance, or device that burns fuel, is 
     installed; or
       (B) that has an attached garage; and
       (2) has developed a strategy to protect vulnerable 
     populations, such as children, the elderly, or low-income 
     households, from exposure to unhealthy levels of carbon 
     monoxide.
       (e) Use of Grant Funds.--
       (1) In general.--Subject to paragraph (2), an eligible 
     State or Tribal organization to which a grant is awarded 
     under this section may use the grant--
       (A) to purchase and install compliant carbon monoxide 
     alarms in the dwelling units of low-income families or 
     elderly individuals, 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, Tribal organization, or local fire code 
     enforcement officials in the proper enforcement of State, 
     Tribal, or local laws regarding compliant carbon monoxide 
     alarms and the installation of those alarms in accordance 
     with NFPA 720, the IFC, or the IRC;
       (C) for the development and dissemination of training 
     materials, instructors, and any other costs relating to the 
     training sessions authorized under this subsection; or
       (D) to educate the public about--
       (i) the risk associated with carbon monoxide as a poison; 
     and
       (ii) the importance of proper carbon monoxide alarm use.
       (2) Limitations.--
       (A) Administrative costs.--An eligible State or Tribal 
     organization to which a grant is awarded under this section 
     may use not more than 5 percent of the grant amount to cover 
     administrative costs that are not directly related to 
     training described in paragraph (1)(B).
       (B) Public outreach.--An eligible State or Tribal 
     organization to which a grant is awarded under this section 
     may use not more than 25 percent of the grant amount to cover 
     the costs of activities described in paragraph (1)(D).
       (C) State contributions.--An eligible State to which a 
     grant is awarded under this section shall, with respect to 
     the costs incurred by the State in carrying out activities 
     under the grant, provide non-Federal contributions in an 
     amount equal to not less than 20 percent of amount of Federal 
     funds provided under the grant to administer the program. 
     This subparagraph shall not apply to Tribal organizations.
       (f) Funding.--
       (1) In general.--The Commission shall carry out this Act 
     using amounts appropriated to the Commission for each of 
     fiscal years 2020 through 2024, to extent such funds are 
     available.
       (2) Limitation on administrative expenses.--In a fiscal 
     year, not more than 10 percent of the amounts appropriated or 
     otherwise made available to carry out this Act may be used 
     for administrative expenses.
       (g) Report.--Not later than 1 year after the last day of 
     each fiscal year in which grants are awarded under this 
     section, the Commission shall submit to Congress a report 
     that evaluates the implementation of the grant program 
     required under this section.

  Mr. BRAUN. Mr. President, I ask unanimous consent that the committee-
reported amendment be withdrawn; that the Klobuchar amendment at the 
desk be agreed to; that the bill, as amended, be considered read a 
third time and passed; and the motion to reconsider be considered made 
and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
withdrawn.
  The amendment (No. 2714) in the nature of a substitute was agreed to, 
as follows

                (Purpose: In the nature of a substitute)

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Nicholas and Zachary Burt 
     Memorial 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 improper operation of fuel-burning appliances, 
     such as furnaces, water heaters, portable generators, and 
     stoves, annually kills more than 400 individuals and sends 
     approximately 15,000 individuals to hospital emergency rooms 
     for treatment.
       (3) Research shows that 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 installation of carbon monoxide 
     alarms in residential homes and dwelling units across the 
     United States 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 sound an alarm at a carbon monoxide 
     concentration below a concentration that could cause a loss 
     of the 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 Standard for Single and Multiple Station Carbon 
     Monoxide Alarms of the American National Standards Institute 
     and UL (ANSI/UL 2034), or any successor standard; and
       (B) the Standard for Gas and Vapor Detectors and Sensors of 
     the American National Standards Institute and UL (ANSI/UL 
     2075), or any successor standard.
       (4) Dwelling unit.--The term ``dwelling unit''--
       (A) means a room or suite of rooms used for human 
     habitation; and
       (B) includes--
       (i) a single family residence;
       (ii) each living unit of a multiple family residence, 
     including an apartment building; and
       (iii) 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 or a 
     Tribal organization.
       (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 720.--The term ``NFPA 720'' means--
       (A) the Standard for the Installation of Carbon Monoxide 
     Detection and Warning Equipment issued by the National Fire 
     Protection Association in 2012; and
       (B) any amended or similar successor standard relating to 
     the proper installation of carbon monoxide alarms in dwelling 
     units.
       (9) State.--The term ``State''--
       (A) has the meaning given the term in section 3(a) of the 
     Consumer Product Safety Act (15 U.S.C. 2052(a)); and
       (B) includes--
       (i) the Commonwealth of the Northern Mariana Islands; and
       (ii) any political subdivision of a State.
       (10) Tribal organization.--The term ``Tribal organization'' 
     has the meaning given the term in section 4(l) of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5304(l)).

     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 States and Tribal organizations that are 
     eligible under subsection (b) to carry out the carbon 
     monoxide poisoning prevention activities described in 
     subsection (e).
       (b) Eligibility.--For the purposes of this section, an 
     eligible State or Tribal organization is any State or Tribal 
     organization that--
       (1) demonstrates to the satisfaction of the Commission that 
     the State or Tribal organization 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--
       (A) to the Commission at such time, in such form, and 
     containing such additional information as the Commission may 
     require; and
       (B) that may be filed on behalf of the State or Tribal 
     organization by the fire safety code enforcement agency of 
     that State or Tribal organization.
       (c) Grant Amount.--The Commission shall determine the 
     amount of each grant awarded under this section.
       (d) Selection of Grant Recipients.--In selecting eligible 
     States and Tribal organizations for the award of grants under 
     this section, the Commission shall give favorable

[[Page S7641]]

     consideration to an eligible State or Tribal organization 
     that demonstrates a reasonable need for funding under this 
     section and that--
       (1) requires the installation of a one or more compliant 
     carbon monoxide alarms in a new or existing educational 
     facility, childcare facility, health care facility, adult 
     dependent care facility, government building, restaurant, 
     theater, lodging establishment, or dwelling unit--
       (A) within which a fuel-burning appliance, including a 
     furnace, boiler, water heater, fireplace, or any other 
     apparatus, appliance, or device that burns fuel, is 
     installed; or
       (B) that has an attached garage; and
       (2) has developed a strategy to protect vulnerable 
     populations, such as children, the elderly, or low-income 
     households, from exposure to unhealthy levels of carbon 
     monoxide.
       (e) Use of Grant Funds.--
       (1) In general.--Subject to paragraph (2), an eligible 
     State or Tribal organization to which a grant is awarded 
     under this section may use the grant--
       (A) to purchase and install compliant carbon monoxide 
     alarms in the dwelling units of low-income families or 
     elderly individuals, facilities that commonly serve children 
     or the elderly (including childcare facilities, public 
     schools, and senior centers);
       (B) for the development and dissemination of training 
     materials, instructors, and any other costs relating to the 
     training sessions authorized under this subsection; or
       (C) to educate the public about--
       (i) the risk associated with carbon monoxide as a poison; 
     and
       (ii) the importance of proper carbon monoxide alarm use.
       (2) Limitations.--
       (A) Administrative costs.--An eligible State or Tribal 
     organization to which a grant is awarded under this section 
     may use not more than 5 percent of the grant amount to cover 
     administrative costs that are not directly related to 
     training described in paragraph (1)(B).
       (B) Public outreach.--An eligible State or Tribal 
     organization to which a grant is awarded under this section 
     may use not more than 25 percent of the grant amount to cover 
     the costs of activities described in paragraph (1)(D).
       (C) State contributions.--An eligible State to which a 
     grant is awarded under this section shall, with respect to 
     the costs incurred by the State in carrying out activities 
     under the grant, provide non-Federal contributions in an 
     amount equal to not less than 25 percent of amount of Federal 
     funds provided under the grant to administer the program. 
     This subparagraph shall not apply to Tribal organizations.
       (f) Funding.--
       (1) In general.--The Commission shall carry out this Act 
     using amounts appropriated to the Commission for each of 
     fiscal years 2020 through 2024, to extent such funds are 
     available.
       (2) Limitation on administrative expenses.--In a fiscal 
     year, not more than 10 percent of the amounts appropriated or 
     otherwise made available to carry out this Act may be used 
     for administrative expenses.
       (g) Report.--Not later than 1 year after the last day of 
     each fiscal year in which grants are awarded under this 
     section, the Commission shall submit to Congress a report 
     that evaluates the implementation of the grant program 
     required under this section.

  The bill (S. 481), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

                          ____________________