[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\
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\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.
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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\
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\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.
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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.
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\12\See National Conference of State Legislatures, Carbon Monoxide
Detectors State Statutes (online at www.ncsl.org/default,
aspx?tabid=13238).
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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.