[Senate Report 113-269]
[From the U.S. Government Publishing Office]


113th Congress 
 2d Session                      SENATE                          Report
                                                                113-269
_______________________________________________________________________

                                     

                                                       Calendar No. 583

NICHOLAS AND ZACHARY BURT MEMORIAL CARBON MONOXIDE POISONING PREVENTION 
                              ACT OF 2013

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1793




               November 12, 2014.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred thirteenth congress
                             second session

             JOHN D. ROCKEFELLER IV, West Virginia, Chairman
 BARBARA BOXER, California            JOHN THUNE, South Dakota
 BILL NELSON, Florida                 ROGER F. WICKER, Mississippi
 MARIA CANTWELL, Washington           ROY BLUNT, Missouri
 MARK PRYOR, Arkansas                 MARCO RUBIO, Florida
 CLAIRE McCASKILL, Missouri           KELLY AYOTTE, New Hampshire
 AMY KLOBUCHAR , Minnesota            DEAN HELLER, Nevada
 MARK BEGICH, Alaska                  DANIEL COATS, Indiana
 RICHARD BLUMENTHAL, Connecticut      TIM SCOTT, South Carolina
 BRIAN SCHATZ, Hawaii                 TED CRUZ, Texas
 ED MARKEY, Massachusetts             DEB FISCHER, Nebraska
 CORY BOOKER, New Jersey              RON JOHNSON, Wisconsin
 JOHN WALSH, Montana
                     Ellen Doneski, Staff Director
                     John Williams, General Counsel
              David Schwietert, Republican Staff Director
              Nick Rossi, Republican Deputy Staff Director
               Rebecca Seidel, Republican General Counsel


                                                       Calendar No. 583
113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-269

======================================================================



 
NICHOLAS AND ZACHARY BURT MEMORIAL CARBON MONOXIDE POISONING PREVENTION 
                              ACT OF 2013

                                _______
                                

               November 12, 2014.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1793]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1793) to encourage States to 
require the installation of residential carbon monoxide 
detectors in homes, and for other purposes, having considered 
the same, reports favorably thereon with an amendment (in the 
nature of a substitute) and recommends that the bill (as 
amended) do pass.

                          Purpose of the Bill

    The purpose of S. 1793, the Nicholas and Zachary Burt 
Memorial Carbon Monoxide Poisoning Prevention Act of 2013, is 
to establish a grant program to encourage States to require the 
installation of residential carbon monoxide detectors in homes.

                          Background and Needs

    Carbon monoxide is considered a ``silent killer,'' because 
people cannot see, smell, or taste it.\1\ Carbon monoxide is 
the leading cause of accidental poisoning death in the United 
States. And because symptoms of carbon monoxide poisoning mimic 
those of the flu--with headache, nausea, and dizziness being 
the most common--it is often misdiagnosed or under-detected. 
According to the Centers for Disease Control and Prevention, 
there are over 400 deaths and 20,000 emergency room visits as a 
result of carbon monoxide poisoning each year.\2\ The highest 
percentage of carbon monoxide exposure occurs during the winter 
months of December, January, and February.\3\
---------------------------------------------------------------------------
    \1\Centers for Disease Control and Prevention, Factsheet, Carbon 
Monoxide Poisoning, at www.cdc.gov/co/pdfs/flyer/_danger.pdf.
    \2\Centers for Disease Control and Prevention, Frequently Asked 
Questions, Carbon Monoxide Poisoning, July 2013, at www.cdc.gov/co/
faqs.htm.
    \3\Centers for Disease Control and Prevention, Nonfatal, 
Unintentional, Non-Fire-Related Carbon Monoxide Exposures--United 
States, 2004-2006, August 2008, at www.cdc.gov/mmwr/ preview/mmwrhtml/
mm5733a2.htm.
---------------------------------------------------------------------------
    Carbon monoxide poisoning can happen whenever a fuel-
burning appliance such as a furnace, water heater, clothes 
dryer, stove, oven, or generator is used improperly or 
malfunctions. Other common household sources of carbon monoxide 
include fireplaces and vehicles left running in attached 
garages. When the gas builds up inside a home, it can quickly 
lead to illness or even death. A carbon monoxide alarm or 
detector is a cost-effective way to detect this gas.
    To date, 39 States have enacted laws or codes requiring the 
installation of life-saving carbon monoxide detection devices 
in homes or other residential or commercial occupancies, and 
more States are likely to adopt similar legislation or codes in 
the coming years.\4\ State laws and education programs are 
proving successful in reducing carbon monoxide-related injuries 
and deaths. The Nicholas and Zachary Burt Memorial Carbon 
Monoxide Poisoning Prevention Act of 2013 would help States and 
local governments implement these programs and ensure the 
public's safety and protection.
---------------------------------------------------------------------------
    \4\NEMA, Life Safety Solutions Online, at 
www.lifesafetysolutionsonline.org/legislative- regulatory.
---------------------------------------------------------------------------

                         Summary of Provisions

    S. 1793 would direct the Consumer Product Safety Commission 
(CPSC) to establish a grant program for State and local 
governments that requires the installation of compliant carbon 
monoxide alarms in dwelling units or facilities that commonly 
serve children or the elderly. Compliant carbon monoxide alarms 
would be defined as those that comply with current American 
National Standards Institute (ANSI) standards for both carbon 
monoxide alarms and gas and vapor detectors and sensors.
    The bill would allow grants awarded under the program to be 
used by recipient State and local governments to: purchase and 
install compliant carbon monoxide alarms in the dwelling units 
of low-income families and the elderly, as well as facilities 
that commonly serve children or the elderly, such as schools, 
child care facilities, and senior centers; train fire code 
enforcement personnel in the proper enforcement of laws 
requiring compliant carbon monoxide alarms and in the proper 
installation of such alarms; develop training materials and 
fund other related costs for training sessions authorized by 
the bill; and educate the public about the risks of carbon 
monoxide poisoning.
    The bill would authorize an appropriation of $10 million 
over five years at $2 million per year. The CPSC would 
determine the amount of the grants.

                          Legislative History

    Senators Klobuchar, Casey, and Schumer introduced S. 1793 
on December 10, 2013. The bill is also cosponsored by Senators 
Blumenthal, Markey, Nelson, and Shaheen.
    On April 9, 2014, in an open Executive Session, the 
Committee considered the bill and reported S. 1793, as amended, 
favorably by voice vote. The Committee adopted a substitute 
amendment from Senator Klobuchar that made largely technical 
changes, but expanded the definition of ``eligible States'' to 
include State political subdivisions and the Northern Mariana 
Islands; eliminated the requirement that the CPSC prioritize 
grant applications based on certain criteria, but expanded the 
criteria under which the CPSC gives favorable consideration to 
a grant applicant; eliminated from consideration the criterion 
that a State demonstrate a greater than average loss of life 
from carbon monoxide in the home; and established a 10 percent 
limit on appropriated funds for administrative expenses.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 1793--Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning 
        Prevention Act of 2013

    S. 1793 would establish a new grant program to assist state 
and local governments in carrying out activities related to 
prevention of carbon monoxide poisoning. The bill would 
authorize the appropriation of $2 million per year for fiscal 
years 2015 through 2019 to provide grants to carry out the 
activities specified in the bill. The activities would include 
purchasing and installing compliant carbon monoxide alarms, 
training state or local officials for fire code enforcement, 
developing training materials, and educating the public about 
the risks of carbon monoxide.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing S. 1793 would cost about $10 
million over the 2015-2019 period. Enacting S. 1793 would not 
affect direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    S. 1793 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Kirstin Blom. 
The estimate was approved by Holly Harvey, Deputy Assistant 
Director for Budget Analysis.

                           Regulatory Impact

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee has considered the 
regulatory impact of the legislation, as reported. The 
Committee agrees with the Congressional Budget Office that the 
bill contains no intergovernmental or private-sector mandates 
as defined in the Unfunded Mandates Reform Act. The bill would 
impose no costs on State, local or tribal governments, or 
private entities. The enactment of this legislation would not 
have significant regulatory impact within the meaning of the 
rule.

                       number of persons covered

    The legislation would direct the CPSC to establish a grant 
program for State and local governments that requires the 
installation of compliant carbon monoxide alarms in dwelling 
units and other eligible facilities. The grant program would 
further aid States and localities in training and educational 
programs with regard to carbon monoxide poisoning and 
prevention.

                            economic impact

    This legislation is not expected to have an adverse 
economic impact on the Nation.

                                privacy

    S. 1793 would not have a negative impact on the personal 
privacy of individuals.

                               paperwork

    S. 1793 would create a new reporting requirement for the 
CPSC. The CPSC would be directed to submit a report to Congress 
that evaluates the implementation of the program no later than 
one year after the last day of each fiscal year for which 
grants are awarded.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short title.

    Section 1 would establish the title of the bill as the 
``Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning 
Prevention Act of 2013.''

Section 2. Findings.

    Section 2 would provide the findings of Congress, including 
the dangers of carbon monoxide poisoning and the utility of 
carbon monoxide alarms.

Section 3. Definitions.

    Section 3 would define terms used throughout the bill. The 
most notable terms are carbon monoxide alarm, compliant carbon 
monoxide alarm, and dwelling unit.
    A carbon monoxide alarm would mean a device or system that 
detects carbon monoxide and that is intended to alarm consumers 
of carbon monoxide at concentration levels below those that 
could cause a loss of ability to react to the dangers of carbon 
monoxide exposure.
    A compliant carbon monoxide alarm would mean one that 
complies with the most current version of 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).
    A dwelling unit would mean a room or suite of rooms used 
for human habitation, and would include a single-family as well 
as each living unit of a multiple-family residence (including 
apartment buildings) and each living unit in a mixed use 
building.

Section 4. Grant program for carbon monoxide poisoning prevention.

    Section 4 would establish the parameters of the grant 
program. It would direct the CPSC to establish, subject to 
appropriations, a grant program for States and local 
governments that have adopted a statute or regulation requiring 
complaint carbon monoxide alarms be installed in dwelling units 
and other eligible facilities. The bill would authorize an 
appropriation of $10 million over five years at $2 million per 
year to carry out the purposes of the Act.
    The CPSC would determine grant amounts, giving priority to 
State or local governments that: prioritize installation of 
compliant carbon monoxide alarms in new or existing facilities 
or dwelling units with fuel-burning appliances or attached 
garages; and have developed a strategy to protect vulnerable 
populations such as children, the elderly, or low-income 
household residents.
    Grants awarded under the program could be used for four 
purposes: (1) to purchase and install compliant carbon monoxide 
alarms in the dwelling units of low-income families or elderly 
persons, facilities that commonly serve children or the elderly 
(including child care facilities, public schools, and senior 
centers), or student dwelling units owned by public 
universities; (2) to train fire code enforcement personnel; (3) 
to create training materials; and (4) to educate the public 
about the risks associated with carbon monoxide poisoning. No 
more than 10 percent of any grant funds received could be used 
to cover administrative costs (except costs associated with 
training fire code enforcement personnel), and no more than 25 
percent of any grant funds could be used to educate the public.
    The bill would require the CPSC to submit, no later than 
one year after the last day of each fiscal year for which 
grants are awarded, a report to Congress that evaluates the 
implementation of the grant program. Any amounts appropriated 
that remain unexpended and unobligated on September 30, 2019, 
would be retained by the CPSC and credited to the 
appropriations account that funds the enforcement of the 
Consumer Product Safety Act (15 U.S.C. 2051 et seq.).

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee states that the 
bill as reported would make no change to existing law.