[Congressional Record (Bound Edition), Volume 154 (2008), Part 3]
[Senate]
[Pages 3480-3484]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4134. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill S. 2663, to reform the Consumer Product Safety 
Commission to provide greater protection for children's products, to 
improve the screening of noncompliant consumer products, to improve the 
effectiveness of consumer product recall programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 103, after line 12, add the following:

     SEC. 40. INSPECTION OF FOREIGN MANUFACTURING FACILITIES AND 
                   WAREHOUSES.

       Section 16 of the Consumer Product Safety Act (15 U.S.C. 
     2065), as amended by section 14 of this Act, is amended by 
     adding at the end the following:
       ``(d) Foreign Manufacturers, Private Labelers, and 
     Distributors.--
       ``(1) In general.--Each manufacturer, private labeler, or 
     distributor described in paragraph (2) that offers a consumer 
     product for

[[Page 3481]]

     importation into the customs territory of the United States 
     shall provide consent to the Commission, as a condition on 
     such importation and in a form specified by the Commission, 
     authorizing officers or employees duly designated by the 
     Commission to carry out--
       ``(A) entrances and inspections as described in subsection 
     (a); and
       ``(B) inspections as described in subsection (b).
       ``(2) Manufacturer, private labeler, or distributor 
     described.--A manufacturer, private labeler, or distributor 
     described in this paragraph is a manufacturer, private 
     labeler, or distributor that, during the 36-month period 
     ending on the date of such offer--
       ``(A) violated a consumer product safety rule; or
       ``(B) manufactured, distributed, imported, or sold a 
     consumer product that was the subject of an order under 
     section 15(d).''.
                                 ______
                                 
  SA 4135. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 2663, to reform the Consumer Product Safety 
Commission to provide greater protection for children's products, to 
improve the screening of noncompliant consumer products, to improve the 
effectiveness of consumer product recall programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 10, line 25, insert ``and verified for accuracy'' 
     after ``products received''.
                                 ______
                                 
  SA 4136. Mr. INOUYE submitted an amendment intended to be proposed by 
him to the bill S. 2663, to reform the Consumer Product Safety 
Commission to provide greater protection for children's products, to 
improve the screening of noncompliant consumer products, to improve the 
effectiveness of consumer product recall programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 24, beginning in line 17, strike ``product (other 
     than a medication, drug, or food)'' and insert ``consumer 
     product''.
                                 ______
                                 
  SA 4137. Mr. INOUYE submitted an amendment intended to be proposed by 
him to the bill S. 2663, to reform the Consumer Product Safety 
Commission to provide greater protection for children's products, to 
improve the screening of noncompliant consumer products, to improve the 
effectiveness of consumer product recall programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 36, line 1, strike ``Act)'' and insert ``Act, 
     except for motor vehicle equipment as defined in section 
     30102(a)(7) of title 49, United States Code)''.
                                 ______
                                 
  SA 4138. Mr. INOUYE submitted an amendment intended to be proposed by 
him to the bill S. 2663, to reform the Consumer Product Safety 
Commission to provide greater protection for children's products, to 
improve the screening of noncompliant consumer products, to improve the 
effectiveness of consumer product recall programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 70, beginning with line 13, strike through line 20 
     on page 71, and insert the following:

     SEC. 24. STUDY OF PREVENTABLE INJURIES AND DEATHS OF MINORITY 
                   CHILDREN RELATED TO CERTAIN CONSUMER PRODUCTS.

       (a) In General.--Within 90 days after the date of enactment 
     of this Act, the Government Accountability Office shall 
     initiate a study to assess disparities in the risks and 
     incidence of preventable injuries and deaths among children 
     of minority populations, including Black, Hispanic, American 
     Indian, Alaskan Native, Native Hawaiian, and Asian/Pacific 
     Islander children in the United States.
       (b) Requirements.--The study shall examine the racial 
     disparities of the rates of preventable injuries and deaths 
     related to suffocation, poisonings, and drowning including 
     those associated with the use of cribs, mattresses and 
     bedding materials, swimming pools and spas, and toys and 
     other products intended for use by children.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall report 
     the findings to the Senate Commerce, Science, and 
     Transportation Committee and the House of Representatives 
     Energy and Commerce Committee. The report shall include--
       (1) the Government Accountability Office's findings on the 
     incidence of preventable risks of injury and death among 
     children of minority populations and recommendations for 
     minimizing such increased risks;
       (2) recommendations for public outreach, awareness, and 
     prevention campaigns specifically aimed at racial minority 
     populations; and
       (3) recommendations for education initiatives that may 
     reduce current statistical disparities.
                                 ______
                                 
  SA 4139. Mr. REID (for Mrs. Clinton) submitted an amendment intended 
to be proposed by Mr. Reid to the bill S. 2008, to reform the single 
family housing loan guarantee program under the Housing Act of 1949; 
which was referred to the Committee on Banking, Housing, and Urban 
Affairs; as follows:

       On page 103, after line 12, add the following:

     SEC. 40. TRAILER AND MOBILE HOME SAFETY.

       (a) Review of Trailers and Mobile Homes Purchased by 
     Federal Government for Compliance With Safety Standards.--
     Notwithstanding section 3(a)(1) of the Consumer Product 
     Safety Act (15 U.S.C. 2052(a)(1)) or any other provision of 
     law, the Consumer Product Safety Commission shall, in 
     coordination with the Secretary of Housing and Urban 
     Development and the Administrator of the Federal Emergency 
     Management Agency, review and certify each trailer and mobile 
     home purchased by the Federal Government for compliance with 
     safety standards established by the Secretary of Housing and 
     Urban Development under section 50.3(i) of title 24, Code of 
     Federal Regulations (relating to limitations on hazardous 
     materials in housing to be used in a program of the 
     Department of Housing and Urban Development), or any 
     successor to that section, including any such standards for--
       (1) formaldehyde;
       (2) lead; or
       (3) any other hazardous material, contamination, toxic 
     chemical or gas, or radioactive substance that could affect 
     the health or safety of an occupant.
       (b) Study and Report on Use of Non-Toxic Alternatives to 
     Formaldehyde in the Manufacture of Trailers and Mobile 
     Homes.--Not later than 1 year after the date of the enactment 
     of this Act, the Consumer Product Safety Commission shall, in 
     consultation with the Secretary of Housing and Urban 
     Development and the Administrator of the Federal Emergency 
     Management Agency--
       (1) conduct a study on the use of non-toxic alternatives to 
     formaldehyde in the manufacture of trailers and mobile homes;
       (2) submit to Congress a report on the findings of the 
     Commission with respect to such study, including 
     recommendations, if any, with respect to the use of such non-
     toxic alternatives; and
       (3) publish such report on the Internet website of the 
     Commission.
                                 ______
                                 
  SA 4140. Mr. INOUYE (for himself, Mr. Stevens, and Mr. Nelson of 
Florida) submitted an amendment intended to be proposed by him to the 
bill S. 2663, to reform the Consumer Product Safety Commission to 
provide greater protection for children's products, to improve the 
screening of noncompliant consumer products, to improve the 
effectiveness of consumer product recall programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

           TITLE     --COMMERCIAL SEAFOOD CONSUMER PROTECTION

     SEC. --01. SHORT TITLE.

       This title may be cited as the ``Commercial Seafood 
     Consumer Protection Act''.

     SEC. --02. SEAFOOD SAFETY.

       (a) In General.--The Secretary of Commerce shall, in 
     coordination with the Secretary of Health and Human Services 
     and other appropriate Federal agencies, establish a program, 
     consistent with the international obligations of the United 
     States, to strengthen Federal activities for ensuring that 
     commercially distributed seafood in the United States meets 
     the food quality and safety requirements of Federal law.
       (b) Memorandum of Understanding.--The Secretary of Commerce 
     and the Secretary of Health and Human Services shall enter 
     into an agreement within 180 days after enactment of this Act 
     to strengthen cooperation on seafood safety. The agreement 
     shall include provisions for--
       (1) cooperative arrangements for examining and testing 
     seafood imports;
       (2) coordination of inspections of foreign facilities;
       (3) technical assistance and training of foreign facilities 
     for marine aquaculture, technical assistance for foreign 
     governments concerning United States regulatory requirements, 
     and appropriate information transfer arrangements between the 
     United States and foreign governments;
       (4) developing a process for expediting imports of seafood 
     into the United States from foreign countries and exporters 
     that consistently adhere to the highest standards for 
     ensuring seafood safety;
       (5) establishing a system to track shipments of seafood in 
     the distribution chain within the United States;
       (6) labeling requirements to assure species identity and 
     prevent fraudulent practices;
       (7) a process by which officers and employees of the 
     National Oceanic and Atmospheric

[[Page 3482]]

     Administration and National Marine Fisheries Service may be 
     commissioned by the Secretary of Health and Human Services 
     for seafood examinations and investigations conducted under 
     section 801 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 381);
       (8) the sharing of information concerning observed non-
     compliance with United States food requirements domestically 
     and in foreign countries and new regulatory decisions and 
     policies that may affect regulatory outcomes; and
       (9) conducting joint training on subjects that affect and 
     strengthen seafood inspection effectiveness by Federal 
     authorities.

     SEC. --03. CERTIFIED LABORATORIES.

       Within 180 days after the date of enactment of this Act, 
     the Secretary of Commerce, in consultation with the Secretary 
     of Health and Human Services, shall increase the number of 
     laboratories certified to the standards of the Food and Drug 
     Administration in the United States and in countries that 
     export seafood to the United States for the purpose of 
     analyzing seafood and ensuring that it complies with Federal 
     law. Such laboratories may include Federal, State, and 
     private facilities. The Secretary of Commerce shall publish 
     in the Federal Register a list of certified laboratories, and 
     shall update the list, and publish the updated list, no less 
     frequently than annually.

     SEC. --04. NOAA LABORATORIES.

       In any fiscal year beginning after the date of enactment of 
     this Act, the Secretary of Commerce may increase the number 
     and capacity of laboratories operated by the National Oceanic 
     and Atmospheric Administration involved in carrying out 
     testing and other activities under this title to the extent 
     the Secretary determines that increased laboratory capacity 
     is necessary to carry out the provisions of this title and as 
     provided for in appropriations Acts.

     SEC. --05. CONTAMINATED SEAFOOD.

       (a) Refusal of Entry.--The Secretary of Health and Human 
     Services may issue an order refusing admission into the 
     United States of all imports of seafood or seafood products 
     originating from a country or exporter if the Secretary 
     determines that shipments of such seafood or seafood products 
     do not meet the requirements established under the Federal 
     Food, Cosmetic, and Drug Act (21 U.S.C. 301 et seq.).
       (b) Increased Testing.--If the Secretary determines that 
     seafood imports originating from a country may not meet the 
     requirements of Federal law, and determines that there is a 
     lack of adequate certified laboratories to provide for the 
     entry of shipments pursuant to section --03, then the 
     Secretary may order an increase in the percentage of 
     shipments tested of seafood originating from such country to 
     improve detection of potential violations of such 
     requirements.
       (c) Allowance of Individual Shipments From Exporting 
     Country or Exporter.--Notwithstanding an order under 
     subsection (a) with respect to seafood originating from a 
     country or exporter, the Secretary may permit individual 
     shipments of seafood originating in that country or from that 
     exporter to be admitted into the United States if--
       (1) the exporter presents evidence from a laboratory 
     certified by the Secretary that a shipment of seafood meets 
     the requirements of Federal law;
       (2) the Secretary, or an entity commissioned to carry out 
     examinations and investigations under section 702(a) of the 
     Federal Food, Cosmetic, and Drug Act (21 U.S.C. 372(a)), has 
     inspected the shipment and has found that the shipment meets 
     the requirements of Federal law.
       (d) Cancellation of Order.--The Secretary may cancel an 
     order under subsection (a) with respect to seafood exported 
     from a country or exporter if all shipments into the United 
     States under subsection (c) of seafood originating in that 
     country or from that exporter more than 1 year after the date 
     on which the Secretary issued the order have been found, 
     under the procedures described in subsection (c), to meet the 
     requirements of Federal law. If the Secretary determines that 
     an exporter has failed to comply with the requirements of an 
     order under subsection (a), the 1-year period in the 
     preceding sentence shall run from the date of that 
     determination rather than the date on which the order was 
     issued.
       (e) Effect.--This section shall be in addition to, and 
     shall have no effect on, the authority of the Secretary of 
     Health and Human Services under the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 301 et seq.) with respect to seafood, 
     seafood products, or any other product.

     SEC. --06. INSPECTION TEAMS.

       The Secretary of Commerce, in cooperation with the 
     Secretary of Health and Human Services, may send 1 or more 
     inspectors to a country or exporter from which seafood 
     exported to the United States originates. The inspection team 
     will assess practices and processes being used in connection 
     with the farming, cultivation, harvesting, preparation for 
     market, or transportation of such seafood and provide 
     technical assistance related to the requirements established 
     under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 
     et seq.). The inspection team shall prepare a report for the 
     Secretary of Commerce with its findings. The Secretary of 
     Commerce shall make a copy of the report available to the 
     country or exporter that is the subject of the report and 
     provide a 30-day period during which the country or exporter 
     may provide a rebuttal or other comments on the findings to 
     the Secretary. The Secretary of Commerce shall cause the 
     report, together with any comments submitted to the Secretary 
     by the country or exporter, to be published in the Federal 
     Register no later than 60 days after the inspection team 
     makes its final report.

     SEC. --07. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated for each of fiscal 
     years 2009 through 2013, for purposes of carrying out the 
     provisions of this title, $15,000,000.
                                 ______
                                 
  SA 4141. Mr. DURBIN (for himself, Mr. Hatch, and Mr. Bennett) 
submitted an amendment intended to be proposed by him to the bill S. 
2663, to reform the Consumer Product Safety Commission to provide 
greater protection for children's products, to improve the screening of 
noncompliant consumer products, to improve the effectiveness of 
consumer product recall programs, and for other purposes; as follows:

       On page 85, beginning with line 22, strike through line 8 
     on page 86 and insert the following:

     SEC. 31. GARAGE DOOR OPENER STANDARD.

       (a) In General.--Notwithstanding section 203(b) of the 
     Consumer Product Safety Improvement Act of 1990 (15 U.S.C. 
     2056 note) or any amendment by the American National 
     Standards Institute and Underwriters Laboratories, Inc. of 
     its Standards for Safety-UL 325, all automatic residential 
     garage door operators that directly drive the door in the 
     closing direction that are manufactured more than 6 months 
     after the date of enactment of this Act shall include an 
     external secondary entrapment protection device that does not 
     require contact with a person or object for the garage door 
     to reverse.
       (b) Exception.--Except as provided in subsection (c), 
     subsection (a) does not apply to the manufacture of an 
     automatic residential garage door operator without a 
     secondary external entrapment protection device that does not 
     require contact by a company that manufactured such an 
     operator before the date of enactment of this Act if 
     Underwriters Laboratory, Inc., certified that automatic 
     residential garage door operator as meeting its Standards for 
     Safety-UL 325 before the date of enactment of this Act.
       (c) Review and Revision.--
       (1) In general.--Within 1 year after the date of enactment 
     of this Act, the Consumer Product Safety Commission shall 
     review, and if necessary revise, its automatic residential 
     garage door operator safety standard, including the 
     requirement established by subsection (a), to ensure that the 
     standard provides maximum protection for public health and 
     safety.
       (2) Revised standard.--The exception provided by subsection 
     (b) shall not apply to automatic residential garage door 
     operators manufactured after the effective date of any such 
     revised standard if that standard adopts the requirement 
     established by subsection (a).
                                 ______
                                 
  SA 4142. Mr. REID (for Mrs. Clinton) submitted an amendment intended 
to be proposed by Mr. Reid to the bill S. 2663, to reform the Consumer 
Product Safety Commission to provide greater protection for children's 
products, to improve the screening of noncompliant consumer products, 
to improve the effectiveness of consumer product recall programs, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 103, after line 12, add the following:

     SEC. 40. TRAILER AND MOBILE HOME SAFETY.

       (a) Review of Trailers and Mobile Homes Purchased by 
     Federal Government for Compliance With Safety Standards.--
     Notwithstanding section 3(a)(1) of the Consumer Product 
     Safety Act (15 U.S.C. 2052(a)(1)) or any other provision of 
     law, the Consumer Product Safety Commission shall, in 
     coordination with the Secretary of Housing and Urban 
     Development and the Administrator of the Federal Emergency 
     Management Agency, review and certify each trailer and mobile 
     home purchased by the Federal Government for compliance with 
     safety standards established by the Secretary of Housing and 
     Urban Development under section 50.3(i) of title 24, Code of 
     Federal Regulations (relating to limitations on hazardous 
     materials in housing to be used in a program of the 
     Department of Housing and Urban Development), or any 
     successor to that section, including any such standards for--
       (1) formaldehyde;
       (2) lead; or
       (3) any other hazardous material, contamination, toxic 
     chemical or gas, or radioactive substance that could affect 
     the health or safety of an occupant.
       (b) Study and Report on Use of Non-Toxic Alternatives to 
     Formaldehyde in the Manufacture of Trailers and Mobile 
     Homes.--Not later than 1 year after the date of the enactment 
     of this Act, the Consumer

[[Page 3483]]

     Product Safety Commission shall, in consultation with the 
     Secretary of Housing and Urban Development and the 
     Administrator of the Federal Emergency Management Agency--
       (1) conduct a study on the use of non-toxic alternatives to 
     formaldehyde in the manufacture of trailers and mobile homes;
       (2) submit to Congress a report on the findings of the 
     Commission with respect to such study, including 
     recommendations, if any, with respect to the use of such non-
     toxic alternatives; and
       (3) publish such report on the Internet website of the 
     Commission.
                                 ______
                                 
  SA 4143. Ms. SNOWE (for herself and Mr. Kerry) submitted an amendment 
intended to be proposed by her to the bill S. 2663, to reform the 
Consumer Product Safety Commission to provide greater protection for 
children's products, to improve the screening of noncompliant consumer 
products, to improve the effectiveness of consumer product recall 
programs, and for other purposes; as follows:

       On page 49, strike lines 8 through 15 and insert the 
     following:

     establish additional criteria for the imposition of civil 
     penalties under section 20 of the Consumer Product Safety Act 
     (15 U.S.C. 2069) and any other Act enforced by the 
     Commission, including factors to be considered in 
     establishing the amount of such penalties, such as repeat 
     violations, the precedential value of prior adjudicated 
     penalties, the factors described in section 20(b) of the 
     Consumer Product Safety Act (15 U.S.C. 2069(b)), and other 
     circumstances.
       Insert at end of 15 U.S.C. Section 2069(b), ``, including 
     how to mitigate undue adverse economic impacts on small 
     businesses.''
       Insert in 15 U.S.C. Section 2069(c), after ``size of the 
     business of the person charged,'' ``including how to mitigate 
     undue adverse economic impacts on small businesses,''
                                 ______
                                 
  SA 4144. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill S. 2663, to reform the Consumer Product 
Safety Commission to provide greater protection for children's 
products, to improve the screening of noncompliant consumer products, 
to improve the effectiveness of consumer product recall programs, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 103, after line 12, insert the following:

     SEC. 40. INFANT CRIB SAFETY.

       (a) Definitions.--In this section:
       (1) Crib.--The term ``crib'' means a full-size crib or non-
     full-size crib.
       (2) Full-size crib.--The term ``full-size crib'' means a 
     full-size baby crib as defined in section 1508.1 of title 16, 
     Code of Federal Regulations.
       (3) Non-full-size crib.--The term ``non-full-size crib'' 
     means a non-full-size baby crib as defined in section 
     1509.2(b) of title 16, Code of Federal Regulations (including 
     a portable crib and a crib-pen described in paragraph (2) of 
     subsection (b) of that section).
       (4) Sleep positioner.--The term ``sleep positioner'' means 
     a wedge, roll, prop, or head pillow designed to encourage one 
     position during sleep.
       (5) Soft bedding.--The term ``soft bedding'' means any 
     padded bumper pad, sleeping bag, comforter, quilt, blanket, 
     or pillow.
       (b) Durability Test Requirements for Cribs.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Consumer Product Safety 
     Commission shall promulgate regulations requiring fatigue 
     strength testing for full-size and non-full-size cribs.
       (2) Consideration of specific fatigue standards.--In 
     promulgating the regulations required by paragraph (1), the 
     Commission shall consider Underwriters Laboratories Standard 
     UL-2275 for Full-Size Baby Cribs and any other applicable 
     safety standard currently in use relating to fatigue strength 
     test requirements.
       (c) Soft Bedding Warning Labels.--As soon as practicable 
     after the date of the enactment of this Act, the Consumer 
     Product Safety Commission shall promulgate regulations to 
     update parts 1508 and 1509 of title 16, Code of Federal 
     Regulations, to require labels on cribs warning consumers 
     about the risk of suffocation from using soft bedding in 
     cribs. Such labels shall include warnings against the use of 
     bumper pads and sleeping positioners and any other warnings 
     the Commission determines appropriate.
                                 ______
                                 
  SA 4145. Mr. CARPER (for himself and Mrs. Dole) submitted an 
amendment intended to be proposed by him to the bill S. 2663, to reform 
the Consumer Product Safety Commission to provide greater protection 
for children's products, to improve the screening of noncompliant 
consumer products, to improve the effectiveness of consumer product 
recall programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 87, between lines 5 and 6, insert the following:
       (c) State Grant Program for Carbon Monoxide Alarms.--
       (1) Findings.--The Congress finds the following:
       (A) 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.
       (B) Carbon monoxide poisoning from the use of fuel-burning 
     appliances in residential homes and other dwelling units 
     kills at least 2,000 people each year and sends more than 
     15,000 to hospital emergency rooms for treatment.
       (C) 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.
       (D) 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.
       (2) State approved carbon monoxide alarm grant program.--
       (A) In general.--Subject to the availability of 
     appropriations authorized by paragraph (4), the Commission 
     shall establish a grant program to provide assistance to 
     eligible States to carry out a carbon monoxide alarm program.
       (B) Eligibility.--To be eligible for a grant under this 
     program, a State shall--
       (i) demonstrate to the satisfaction of the Commission that 
     the State has adopted a statute, or a State agency has 
     adopted a state-wide rule, regulation, or similar measure 
     with the force and effect of law, requiring the inclusion of 
     approved carbon monoxide alarms installed in accordance with 
     NFPA 720 in all commercial residential dwelling units and all 
     new dwelling unit construction and providing penalties for 
     failure to include such alarms; and
       (ii) submit an application to the Commission at such time, 
     in such form, and containing such additional information as 
     the Commission may require. Such application may be filed on 
     behalf of any qualified State by the fire code enforcement 
     officials for such State.
       (C) Grant amount; priority.--The Commission shall determine 
     the amount of the grants awarded under this section, and 
     shall give priority to--
       (i) multi-state applications (including those made by a 
     nonprofit organization representing fire code enforcement 
     officials on behalf of more than 1 State) if all 
     participating States meet the requirements of this paragraph; 
     and
       (ii) States demonstrating 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--
       (i) to train that State's fire code enforcement officials 
     in the proper enforcement of State laws concerning approved 
     carbon monoxide alarms and the installation of such alarms in 
     accordance with NFPA 720;
       (ii) for the development and dissemination of training 
     materials, instructors, and any other costs related to the 
     training sessions authorized by this paragraph; and
       (iii) to educate the public about the risk associated with 
     carbon monoxide as a poison and the importance of proper 
     carbon monoxide alarm use. No more than 25 percent of any 
     grant may be used in this manner.
       (E) Administrative cost limit.--No more than 10 percent of 
     any grant funds may be used to cover administrative costs not 
     directly related to training described in subparagraph 
     (D)(i).
       (3) Definitions.--In this subsection:
       (A) Approved carbon monoxide alarm.--The term ``approved 
     carbon monoxide alarm'' means a carbon monoxide alarm that 
     complies with the standards, whether voluntary or mandatory, 
     issued, approved, or otherwise supported by the Commission 
     with respect to such alarms, whether those standards have 
     been developed unilaterally by the Commission or in 
     conjunction with other parties.
       (B) Carbon monoxide alarm.--The term ``carbon monoxide 
     alarm'' means a device that detects the presence of carbon 
     monoxide and sounds an alarm if the level of carbon monoxide 
     detected by the device poses a health risk to persons within 
     the vicinity of the device.
       (C) Commission.--The term ``Commission'' means the Consumer 
     Product Safety Commission.
       (D) 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.
       (E) Fire code enforcement officials.--The term ``fire code 
     enforcement officials'' means officials of the Fire Safety 
     Code Enforcement Agency of a State.
       (F) NFPA 720.--The term ``NFPA 720'' means the tandard for 
     the Installation of

[[Page 3484]]

     Carbon Monoxide (CO) Warning Equipment in Dwelling Units 
     issued by the National Fire Protection Association in 2005 
     and any amended or similar successor standard pertaining to 
     the proper installation of carbon monoxide alarms in dwelling 
     units.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated to the Commission for each of fiscal years 
     2009 through 2013 $5,000,000 to carry out this subsection, 
     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 2013 
     shall be retained by the Commission and credited to the 
     appropriations account that funds enforcement of the Consumer 
     Products Safety Act.
       (5) 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.

                          ____________________