[House Report 111-573]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-573
======================================================================
 
                CARBON MONOXIDE POISONING PREVENTION ACT

                                _______
                                

 July 27, 2010.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Waxman, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 1796]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 1796) to amend the Consumer Product Safety Act 
to require residential carbon monoxide detectors to meet the 
applicable ANSI/UL standard by treating that standard as a 
consumer product safety rule, to encourage States to require 
the installation of such detectors in homes, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................     4
Background and Need for Legislation..............................     4
Legislative History..............................................     5
Committee Consideration..........................................     5
Committee Votes..................................................     6
Committee Oversight Findings and Recommendations.................     6
New Budget Authority, Entitlement Authority, and Tax Expenditures     6
Statement of General Performance Goals and Objectives............     6
Constitutional Authority Statement...............................     6
Earmarks and Tax and Tariff Benefits.............................     6
Federal Advisory Committee Statement.............................     6
Applicability of Law to Legislative Branch.......................     7
Federal Mandates Statement.......................................     7
Committee Cost Estimate..........................................     7
Congressional Budget Office Cost Estimate........................     7
Section-by-Section Analysis of the Legislation...................     8
Explanation of Amendment.........................................    10
Changes in Existing Law Made by the Bill, as Reported............    10
Dissenting Views.................................................    11

                               AMENDMENT

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Carbon Monoxide Poisoning Prevention 
Act''.

SEC. 2. FINDINGS.

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

SEC. 3. DEFINITIONS.

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

SEC. 4. ADOPTION OF CONSUMER PRODUCT SAFETY RULES.

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

SEC. 5. REPORT TO CONGRESS.

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

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

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

                          PURPOSE AND SUMMARY

    H.R. 1796, the ``Residential Carbon Monoxide Poisoning 
Prevention Act'', was introduced by Rep. Jim Matheson (D-UT) on 
March 30, 2009, and referred to the Committee on Energy and 
Commerce. H.R. 1796 requires the Consumer Product Safety 
Commission (CPSC) to publish the existing voluntary industry 
standard for carbon monoxide alarms as a mandatory consumer 
product safety standard. The bill would make it unlawful for 
manufacturers or distributors to import or distribute any new 
residential carbon monoxide alarm that does not comply with the 
standard. The bill also requires the CPSC to adopt certain 
minimum requirements for the content of portable generator 
labels and instruction manuals to warn consumers about the 
carbon monoxide hazard posed by the incorrect use of such 
generators. In addition, the bill establishes a grant program 
to assist states in carrying out carbon monoxide poisoning 
prevention programs.

                  BACKGROUND AND NEED FOR LEGISLATION

    Carbon monoxide is a colorless, odorless, invisible gas 
found in combustion fumes, such as from cars and trucks, 
stoves, lanterns, burned coal and wood, gas ranges, heating 
systems, and portable generators.\1\ In semi-enclosed or 
enclosed spaces carbon monoxide can build up and poison people 
occupying those spaces.\2\
---------------------------------------------------------------------------
    \1\U.S. Centers for Disease Control and Prevention, Carbon Monoxide 
Poisoning: Fact Sheet (online at www.cdc.gov/co/faqs.htm).
    \2\Id.
---------------------------------------------------------------------------
    Early symptoms of exposure to low to moderate levels of 
carbon monoxide may be similar to other illnesses, including 
the flu.\3\ But the consequences of carbon monoxide poisoning 
can be tragic. Rapid high-level exposure can cause victims to 
become mentally confused and to lose muscle control without 
first experiencing milder symptoms, and such victims will 
likely die if not rescued.\4\ Indeed, more than 400 people die 
each year from carbon monoxide poisoning.\5\ In addition, each 
year more than 20,000 people visit the emergency room due to 
carbon monoxide poisoning and over 4,000 are hospitalized.\6\ 
Certain populations are more susceptible to the effects of 
carbon monoxide poisoning, including infants and people with 
chronic heart disease or respiratory problems.\7\ Fatality 
rates are highest among those 65 and older.\8\
---------------------------------------------------------------------------
    \3\Consumer Product Safety Commission, Carbon Monoxide Questions 
and Answers (online at www.cpsc.gov/cpscpub/pubs/466.html).
    \4\Id.
    \5\U.S. Centers for Disease Control and Prevention, Carbon Monoxide 
Poisoning: Fact Sheet (online at www.cdc.gov/co/faqs.htm).
    \6\Id.
    \7\Id.
    \8\Id.
---------------------------------------------------------------------------
    In recent years, the primary consumer product associated 
with carbon monoxide poisoning deaths has been portable 
generators.\9\ That has been followed by heating systems.\10\ 
But regardless of the appliance involved in a carbon monoxide 
poisoning incident, poisoning and death are much more likely to 
occur in homes with no functioning carbon monoxide alarms.\11\
---------------------------------------------------------------------------
    \9\House Committee on Energy and Commerce, Subcommittee on 
Commerce, Trade, and Consumer Protection, Testimony of Robert J. 
Howell, Hearing on H.R. 1796, the Residential Carbon Monoxide Poisoning 
Prevention Act, and H.R. 4805, the Formaldehyde Standards for Composite 
Wood Products Act, 111th Cong. (Mar. 18, 2010).
    \10\Id.
    \11\Id.
---------------------------------------------------------------------------

                          LEGISLATIVE HISTORY

    H.R. 1796 was introduced on March 30, 2009, by Rep. 
Matheson of Utah and referred to the Committee on Energy and 
Commerce. The bill was referred to the Subcommittee on 
Commerce, Trade, and Consumer Protection on March 31, 2009, and 
the Subcommittee held a hearing on the legislation on March 18, 
2010. At the hearing, witnesses representing the CPSC, 
manufacturers of carbon monoxide alarms, and a public health 
expert expressed support for the legislation.

                        COMMITTEE CONSIDERATION

    On June 30, 2010, the Subcommittee on Commerce, Trade, and 
Consumer Protection met in open markup session to consider H.R. 
1796. The Subcommittee forwarded H.R. 1796, amended, favorably 
to the full Committee by a voice vote.
    During Subcommittee consideration of H.R. 1796, Chairman 
Rush offered an amendment in the nature of a substitute, which 
was adopted by a voice vote. The Rush amendment in the nature 
of a substitute required the CPSC to adopt both of the existing 
voluntary industry standards that apply to different types of 
carbon monoxide alarms. The amendment also provided for 
automatic updating of the standards when revisions are made 
through the industry consensus standards setting process, and 
created streamlined processes for the CPSC to reject subsequent 
revisions or amend the standards. In addition, the amendment 
struck the content requirements for portable generator labels 
and instruction manuals, and instead provided for a study by 
the CPSC on the possibility of requiring the existing standards 
for the labels to include other languages in addition to 
English. Finally, the amendment strengthened the eligibility 
criteria for the grant program to encourage states to adopt 
laws that require the installation of carbon monoxide alarms in 
a broader range of homes and expanded eligibility to include 
local governments. The amendment also expanded the allowable 
uses of the grant funds to include the purchase of the alarms 
for certain vulnerable populations and other public facilities.
    On July 15, 2010, the Committee on Energy and Commerce met 
in open markup session to consider H.R. 1796 as approved by the 
Subcommittee. The Committee agreed by a voice vote to a 
manager's amendment offered by Mr. Stupak on behalf of Mr. 
Waxman. Subsequently, the full Committee ordered H.R. 1796 
favorably reported to the House, amended, by a voice vote.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. A 
motion by Mr. Stupak ordering H.R. 1796 reported to the House, 
amended, was approved by a voice vote. There were no record 
votes taken during consideration of this bill.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the oversight findings and 
recommendations of the Committee are reflected in the 
descriptive portions of this report, including the finding that 
CPSC should publish both of the existing voluntary industry 
standards for carbon monoxide alarms as mandatory consumer 
product safety standards and establish a grant program to help 
states reduce incidents of carbon monoxide poisoning.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that H.R. 1796 
will result in no new budget authority, entitlement authority, 
or tax expenditures or revenues.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the performance goals and 
objectives of the Committee are reflected in the descriptive 
portions of this report, including that the CPSC publish both 
of the existing voluntary industry standards for carbon 
monoxide alarms as a mandatory consumer product safety 
standards and establish a grant program to help states reduce 
incidents of carbon monoxide poisoning.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives requires the Committee to include a statement 
citing the specific powers granted to Congress to enact the law 
proposed by H.R. 1796. The Committee finds that the 
constitutional authority for H.R. 1796 is found in Article I, 
section 8, clauses 3 and 18 of the Constitution of the United 
States.

                  EARMARKS AND TAX AND TARIFF BENEFITS

    H.R. 1796 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e), or 9(f) of rule XXI of the Rules of the 
House of Representatives.

                  FEDERAL ADVISORY COMMITTEE STATEMENT

    No advisory committees were created by H.R. 1796 within the 
meaning of 5 U.S.C. App., Section 5(b).

             APPLICABILITY OF LAW TO THE LEGISLATIVE BRANCH

    Section 102(b)(3) of the Congressional Accountability Act 
of 1985 requires a description of the application of this bill 
to the legislative branch where the bill relates to terms and 
conditions of employment or access to public services or 
accommodations. H.R. 1796 does not relate to the terms and 
conditions of employment or access to public services or 
accommodations within the meaning of Section 102(b)(3).

                       FEDERAL MANDATES STATEMENT

    Section 423 of the Congressional Budget and Impoundment 
Control Act of 1974 (as amended by section 101(a)(2) of the 
Unfunded Mandates Reform Act, P.L. 104-4) requires a statement 
on whether the provisions of the bill include unfunded 
mandates. In compliance with this requirement the Committee 
adopts as its own the analysis of H.R. 1796 prepared by the 
Director of the Congressional Budget Office, which is enclosed 
herein.

                        COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee adopts as its own the 
cost estimate of H.R. 1796 prepared by the Director of the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    With respect to the requirements of clause (3)(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, following 
is the cost estimate for H.R. 1796 from the Director of 
Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 27, 2010.
Hon. Henry A. Waxman,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1796, the 
Residential Carbon Monoxide Poisoning Prevention Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Kirstin 
Nelson.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 1796--Residential Carbon Monoxide Poisoning Prevention Act

    H.R. 1796 would amend the Consumer Product Safety Act to 
establish as mandatory consumer product safety rules existing 
standards for certain carbon monoxide detection devices. The 
bill would authorize the appropriation of $2 million per year 
for fiscal years 2011 through 2015 to provide grants to states 
and local governments to carry out the carbon monoxide 
poisoning prevention activities specified in the bill. The 
activities would include purchasing and installing approved 
carbon monoxide alarms, training state or local fire code 
enforcement officials, developing training materials, and 
educating the public about the risks of carbon monoxide.
    Based on preliminary information from the agency, CBO 
estimates the cost of administering the grants would be less 
than $1 million per year for fiscal years 2011 through 2015. 
Assuming appropriation of the authorized amounts for the grants 
and the amounts necessary for administrative costs, CBO 
estimates that implementing H.R. 1796 would cost $12 million 
over the 2011-2015 period. Enacting H.R. 1796 would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures would not apply.
    H.R. 1796 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would impose no 
costs on state, local, or tribal governments.
    H.R. 1796 contains private-sector mandates as defined in 
UMRA. By requiring the Consumer Product Safety Commission 
(CPSC) to adopt the current industry standards developed by the 
American National Standards Institute (ANSI) for carbon 
monoxide gas and vapor detection units, the bill would prohibit 
the manufacture, distribution, or sale of units that do not 
meet those standards. In addition, the bill would require the 
Underwriters Laboratories to notify the CPSC if the industry 
standards for those units are revised to allow the CPSC to 
consider adopting the revised industry standards.
    Because most manufacturers already comply with the 
voluntary ANSI standards, CBO estimates that the additional 
cost to comply with the standard would be low. In addition, the 
cost to Underwriters Laboratories to notify the CPSC would be 
minimal.
    Therefore, CBO estimates that the aggregate cost of the 
mandates would fall below the annual threshold established in 
UMRA for private-sector mandates ($141 million in 2010, 
adjusted annually for inflation).
    The CBO staff contacts for this estimate are Kirstin Nelson 
(for federal costs) and Marin Randall (for the private-sector 
impact). The estimate was approved by Holly Harvey, Deputy 
Assistant Director for Budget Analysis.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

    This section designates the short title of the Act as the 
``Carbon Monoxide Poisoning Prevention Act''.

Section 2. Findings

    This section sets forth the bill's findings regarding 
carbon monoxide poisoning, including that purchasing and 
installing carbon monoxide alarms in homes and other dwelling 
units can help avoid fatalities and that Congress should 
promote the purchase and installation of such devices to 
protect the health and safety of the nation's citizens.

Section 3. Definitions

    This section defines the terms ``approved carbon monoxide 
alarm'', ``carbon monoxide alarm'', ``Commission'', ``dwelling 
unit'', ``fire code enforcement officials'', and ``NFPA 720'' 
as used for the purposes of the Act.

Section 4. Adoption of consumer product safety rules

    Section 4(a) directs the Consumer Product Safety Commission 
to adopt as mandatory consumer product safety standards the 
American National Standard for Single and Multiple Station 
Carbon Monoxide Alarms (ANSI/UL 2034) and the American National 
Standard for Gas and Vapor Detectors and Sensors (ANSI/UL 2075) 
no later than 90 days after enactment of the Act and for the 
standards to take effect 180 days after they are published.
    Sections 4(b) and (c) provide processes for updating the 
mandatory consumer product safety standards through the 
industry consensus standards setting process and through 
independent action of the CPSC. In general, each mandatory 
standard of the CPSC will be automatically updated within 60 
days of notification from the Underwriters Laboratories (UL) 
that the relevant standard has been revised. The CPSC, however, 
may within that timeframe reject a revision to either standard 
if it determines that such a revision does not carry out the 
purposes of this Act, which are to protect the health and 
safety of consumers to the utmost degree by encouraging the 
installation of alarms that will work properly and effectively. 
Consistent with those purposes, subsection (c) allows the CPSC 
to undertake a rulemaking on its own to amend either of the 
mandatory standards.
    Section 4(d) provides for enforcement of the mandatory 
standards as consumer product safety rules under the Consumer 
Product Safety Act.

Section 5. Report to Congress

    This section requires the CPSC to complete a study to 
determine whether requiring languages other than English would 
improve the effectiveness of warning labels required for 
portable generators.

Section 6. Grant program for carbon monoxide poisoning prevention

    This section directs the CPSC to create a grant program to 
provide assistance to states and local governments to carry out 
carbon monoxide poisoning prevention programs and authorizes 
Congress to appropriate $2 million for the program in each of 
fiscal years 2011 through 2015. This section also sets out the 
requirements for states and local governments to be eligible 
for the funds and the allowable uses for the funds. Among the 
requirements for eligibility for the grant program is that a 
state or local government adopt a law requiring the 
installation of approved carbon monoxide alarms in accordance 
with NFPA 720 in dwelling units. Half the states currently have 
laws regarding carbon monoxide alarms, but the requirements of 
these laws vary significantly.\12\ Some of these laws only 
require that the alarms be installed in newly constructed homes 
or only in rental units. Some require even less. The Committee 
heard concerns that older homes, which generally contain older 
fuel-burning appliances, pose more of a carbon monoxide 
poisoning threat than new construction with new fuel-burning 
appliances. Therefore, the bill directs the CPSC to give 
priority to funding the programs of states and local 
governments that require the alarms in existing dwelling units 
with fuel-burning appliances or attached garages.
---------------------------------------------------------------------------
    \12\See National Conference of State Legislatures, Carbon Monoxide 
Detectors State Statutes (online at www.ncsl.org/default, 
aspx?tabid=13238).
---------------------------------------------------------------------------
    Additionally, because installing carbon monoxide alarms can 
help prevent carbon monoxide poisoning, the bill as amended by 
the Committee directs that states be allowed to use grant funds 
to purchase and install the alarms in the dwelling units of 
vulnerable populations, including low-income families and the 
elderly, and facilities that commonly serve children and the 
elderly, such as childcare facilities, public schools, and 
senior centers. It is the Committee's view that devoting the 
greatest share of grant funds to these activities will have the 
most impact on reducing incidents of carbon monoxide poisoning.

                        EXPLANATION OF AMENDMENT

    During full Committee consideration of H.R. 1796, Mr. 
Stupak, on behalf of Mr. Waxman, offered a manager's amendment. 
The amendment corrected the definition of ``approved carbon 
monoxide alarm'' to account for the authority granted to the 
CPSC to amend the standards for carbon monoxide alarms and the 
definition of ``carbon monoxide alarm'' to accurately reflect 
how the alarms work. In addition, in response to concerns 
raised by industry representatives, performance testing labs, 
and the Committee minority, the amendment struck language 
imposing certain labeling requirements for the alarms and their 
packaging. The amendment also struck a surplus reference to the 
``American National Standards Institute'' to clarify that only 
UL has the responsibility of maintaining the standards. 
Finally, the amendment extended the timeframe given to the CPSC 
from 30 days to 60 days to accept or reject revisions to the 
standards by the standards setting organization.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 1796, as reported, does not make any changes in 
existing law.

                            DISSENTING VIEWS

    We submit the following comments to express our concerns 
with H.R. 1796, the Residential Carbon Monoxide Poisoning 
Prevention Act.
    While we support the stated goal of H.R. 1796--to prevent 
carbon monoxide poisonings--we do not support the underlying 
policy of H.R. 1796. We agree that greater consumer education 
regarding the dangers posed by carbon monoxide-emitting devices 
should be pursued by both government and private-sector 
stakeholders. Additionally, increased consumer adoption of 
carbon monoxide detectors would greatly mitigate approximately 
70 percent of carbon monoxide poisoning deaths which occur in 
the home. Many state and municipal governments recognize the 
benefit detectors bring and have incorporated into their 
building codes requirements for detectors and alarms in the 
home.
    The reason for our dissent is the lack of a public policy 
reason for making the existing voluntary standard for carbon 
monoxide detectors and alarms a mandatory standard. There is 
widespread compliance with the voluntary standard. We do not 
anticipate that making the current voluntary standard mandatory 
will have any material effect on the number of carbon monoxide 
poisonings prevented. Detectors are not the problem; adoption 
of detectors is the problem.
    During the legislative hearing on H.R. 1796, witnesses 
representing both the Consumer Product Safety Commission (CPSC) 
and manufacturers of carbon monoxide detectors and alarms 
agreed there is no fault with the current voluntary standard in 
protecting the public, nor is there any evidence of non-
compliance with the standard by any manufacturers. Under 
Section 7 of the Consumer Product Safety Act (CPSA), two 
conditions--failure of the voluntary standard to adequately 
protect consumers and substantial non-compliance by 
manufacturers--must be met for the CSPC to promulgate a 
mandatory standard. The CPSC witness testified it would not be 
able to satisfy these two conditions. That is a positive sign 
the industry developed an effective standard and that 
manufacturers have all adopted and complied with it.
    Congress designed the CPSA to allow the CPSC to avoid a 
Sisyphean practice of continuously writing standards for the 
tens of thousands of consumer products in the marketplace. 
Instead, the Commission relies upon voluntary standards 
developed by industry or independent standard setting 
organizations with the opportunity for input from the CPSC. 
This has been an effective approach to efficiently develop 
product safety standards. Changing this process without a 
legitimate public policy reason for doing so is a terrible 
precedent Congress should not set. Either the existing 
procedures to develop mandatory standards under the CPSA work 
or they do not. Given that Congress undertook comprehensive 
changes in the 110th Congress with the passage of the Consumer 
Product Safety Improvement Act and did not amend or alter these 
procedures, it is clear Congress believes the CPSA works as 
intended.

                                                        Joe Barton.

                                  
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