[Senate Report 116-261]
[From the U.S. Government Publishing Office]
Calendar No. 524
116th Congress} { Report
SENATE
2d Session } { 116-261
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NICHOLAS AND ZACHARY BURT MEMORIAL CARBON MONOXIDE POISONING PREVENTION
ACT OF 2019
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 481
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
September 8, 2020.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
WASHINGTON : 2020
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred sixteenth congress
second session
ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROY BLUNT, Missouri AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska TOM UDALL, New Mexico
CORY GARDNER, Colorado GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah JON TESTER, Montana
RON JOHNSON, Wisconsin KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana JACKY ROSEN, Nevada
RICK SCOTT, Florida
John Keast, Staff Director
David Strickland, Minority Staff Director
NICHOLAS AND ZACHARY BURT MEMORIAL CARBON MONOXIDE POISONING PREVENTION
ACT OF 2019
_______
September 8, 2020.--Ordered to be printed
_______
Mr. Wicker, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 481]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 481) 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. 481, the Nicholas and Zachary Burt
Memorial Carbon Monoxide Poisoning Prevention Act, as reported,
is to direct the Consumer Product Safety Commission (CPSC or
Commission) to establish a grant program to provide monetary
assistance to eligible States and Tribal organizations to carry
out specified carbon monoxide (CO) poisoning prevention
activities. Unintentional CO poisoning from motor vehicles and
improper operation of fuel-burning appliances, such as
furnaces, water heaters, portable generators, and stoves,
annually kills hundreds of individuals and sends thousands to
hospital emergency rooms for treatment.
On January 5, 1996, several members of the Burt family,
from Kimball, Minnesota, lost their lives due to CO poisoning.
Todd Burt woke up to find his wife unable to move, their 5-
year-old son Ryan nearly dead and their 16-month-old son
Zachary and 4-year-old son Nicholas dead. S. 481 is titled in
memory of Nicholas and Zachary Burt.
BACKGROUND AND NEEDS
According to the CPSC:
Carbon monoxide (CO) is a deadly, colorless, odorless, and poisonous
gas. It is produced by the incomplete burning of various fuels,
including coal, wood, charcoal, oil, kerosene, propane, and natural
gas. Products and equipment powered by internal combustion engines such
as portable generators, cars, lawn mowers, and power washers also
produce CO.\1\
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\1\U.S. Consumer Product Safety Commission, ``Carbon Monoxide Fact
Sheet'' (https://www.cpsc.gov/safety-education/safety-guides/carbon-
monoxide/carbon-monoxide-fact-sheet) (accessed Jul. 10, 2020).
The production of life-threatening levels of CO is more
common among malfunctioning older furnaces as well as HVAC
systems and gas water heaters that have not been properly
vented.\2\ Electric furnaces, electric water heaters, electric
ovens, and all other electrically powered devices typically do
not produce CO when operating as designed.\3\
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\2\Leonard Howard, ``Hidden Problems Can Cause Carbon Monoxide,''
The News, Oct. 11, 2001 (https://www.achrnews.com/articles/86455-
hidden-problems-can-cause-carbon-monoxide) (accessed Jul. 10, 2020).
\3\Jacob Hurwith, ``How to Test for Carbon Monoxide in Your Home,''
The Spruce, Feb. 8, 2020 (https://www.thespruce.com/test-for-carbon-
monoxide-in-home-1824926) (accessed Jul. 10, 2020).
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According to the CPSC, approximately 170 people in the
United States die every year from accidental non-fire related
CO poisoning associated with consumer products.\4\ The Centers
for Disease Control and Prevention (CDC) estimates that there
are over 400 deaths and 50,000 emergency room visits as a
result of CO poisoning each year.\5\ CO is also the leading
cause of accidental poisoning death in the United States.\6\ CO
poisoning is often misdiagnosed or under-detected as its
symptoms mimic those of the flu, with headache, nausea, and
dizziness being the most common.\7\ Children and older adults
face a higher risk of death if exposed to CO poisoning.\8\
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\4\U.S. Consumer Product Safety Commission, ``Carbon Monoxide Fact
Sheet'' (https://www.cpsc.gov/safety-education/safety-guides/carbon-
monoxide/carbon-monoxide-fact-sheet) (accessed Jul. 10, 2020).
\5\Centers for Disease Control and Prevention, ``Carbon Monoxide
(CO) Poisoning Prevention,'' page last reviewed Jan. 20, 2020 (https://
www.cdc.gov/nceh/features/copoisoning/index.html) (accessed Jul. 10,
2020).
\6\Centers for Disease Control and Prevention ``Carbon Monoxide
Poisoning,'' page last reviewed Jan. 3, 2020 (https://www.cdc.gov/co/
default.htm) (accessed Jul. 10, 2020).
\7\U.S. Consumer Product Safety Commission, ``Carbon Monoxide Fact
Sheet'' (https://www.cpsc.gov/safety-education/safety-guides/carbon-
monoxide/carbon-monoxide-fact-sheet) (accessed Jul. 10, 2020).
\8\Mayo Clinic, ``Carbon Monoxide Poisoning,'' Oct. 16, 2019
(https://www.mayoclinic.org/diseases-conditions/carbon-monoxide/
symptoms-causes/syc-20370642) (accessed Jul. 10, 2020).
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To prevent CO poisoning, consumers are encouraged to make
sure home appliances are installed and operated according to
manufacturer instructions and building codes, and to follow
guidance in owners' manuals when performing minor adjustments
or servicing fuel-burning equipment.\9\ Consumers are also
cautioned to avoid operating gasoline engine-powered tools,
such as portable generators, in or near enclosed spaces.\10\
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\9\U.S. Consumer Product Safety Commission, ``Carbon Monoxide Fact
Sheet'' (https://www.cpsc.gov/safety-education/safety-guides/carbon-
monoxide/carbon-monoxide-fact-sheet) (accessed Jul. 10, 2020).
\10\Id.
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In addition to following these safety measures, the
installation of CO alarms or detectors can provide added
protection to individuals as CO detectors are designed to
trigger an alarm based on the accumulation of unsafe levels of
CO over time.\11\ The Environmental Protection Agency (EPA)
estimates that CO alarms could prevent half of all
unintentional CO poisonings.\12\
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\11\ANSI News and Publications, ``Carbon Monoxide Detectors Save
Lives,'' Nov. 10, 2004 (https://www.ansi.org/news_publications/
news_story?menuid=7&articleid=137d4b24-1e08-46d7-8980-8947de476f89)
(accessed Jul. 10, 2020).
\12\Environmental Protection Agency, ``Preventing Carbon Monoxide
Poisoning: Information for Older Adults and Their Caregivers,'' Jan.
2009 (https://www.epa.gov/sites/production/files/2015-08/documents/
pcmp_english_100-f-09-001.pdf) (accessed Jul. 10, 2020).
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There are currently 47 States\13\ with laws requiring CO
detectors in residential dwellings, and the remaining States
without laws are expected to adopt similar legislation or
building codes requiring CO detectors in the coming years. Some
State laws require every enclosed room to have a CO detector,
while others require every room that has a smoke alarm to have
a CO detector.\14\ Other State law requirements include the
installation of CO detectors in daycare centers and group
homes, hotels and motels, school buildings, and other private
dwellings.\15\
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\13\First Alert, see Smoke and Carbon Monoxide in ``Fire Safety
Laws and Legislation by State'' (https://www.firstalert.com/community/
legislation/) (accessed Jul. 10, 2020).
\14\National Conference of State Legislatures, ``Carbon Monoxide
Detector Requirements, Laws, and Regulations,'' Mar. 27, 2018 (https://
www.ncsl.org/research/environment-and-natural-
resources/carbon-monoxide-detectors-state-statutes.aspx) (accessed Jul.
10, 2020).
\15\Id.
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The Act is intended to help States, local governments, and
Tribes implement carbon monoxide programs and ensure families
are protecting themselves and their loved ones from CO
poisoning.
SUMMARY OF PROVISIONS
S. 481, as amended, would do the following:
Direct the CPSC to establish a grant program to
provide assistance to eligible States and Tribal
organizations to carry out CO poisoning prevention
activities. Those activities include, but are not
limited to, the purchase and installation of CO
detectors in dwelling units of vulnerable populations,
such as the dwelling units of low-income families or
elderly individuals, and facilities that commonly serve
children or the elderly and student populations; the
development and dissemination of training materials;
and educating the public about the risks of CO
poisoning.
Authorize the CPSC to establish a Federal grant
program for fiscal years 2020 to 2024 using funds
already appropriated to help States, local governments,
and Tribes to carry out CO education programs.
Require the CPSC to submit a report to Congress at
the end of each fiscal year evaluating the
implementation of the grant program, among other
provisions.
LEGISLATIVE HISTORY
S. 481, the Nicholas and Zachary Burt Memorial Carbon
Monoxide Poisoning Prevention Act of 2019, was introduced on
February 13, 2019, by Senator Klobuchar (for herself and
Senator Hoeven) and was referred to the Committee on Commerce,
Science, and Transportation of the Senate. Senators Cramer,
Smith, and Blumenthal are additional cosponsors. On November
13, 2019, the Committee met in open Executive Session and, by
voice vote, ordered S. 481 reported favorably with an amendment
(in the nature of a substitute).
A companion to the bill, H.R. 1618, was introduced on March
7, 2019, by Representative Kuster [D-NH] (for herself and
Representative Carter [R-GA]) and was referred to the Committee
on Energy and Commerce of the House of Representatives. The
House passed H.R. 1618, as amended, on September 17, 2019.
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:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 481 would authorize $2 million for each year over the
2020-2024 period for the Nicholas and Zachary Burt Memorial
grant program, which provides assistance to states carrying out
prevention activities for carbon monoxide poisoning. The
legislation also would require the Consumer Product Safety
Commission to submit a report to the Congress that evaluates
the implementation of the grant program no later than one year
after each fiscal year for which grants are awarded. Based on
historical spending for these activities, including the
reporting requirement, CBO estimates that enacting the bill
would cost $8 million over the 2020-2024 period, assuming
appropriation of the authorized and necessary amounts.
On September 16, 2019, CBO transmitted a cost estimate for
H.R. 1618, the Nicholas and Zachary Burt Carbon Monoxide
Poisoning Prevention Act of 2019, as ordered reported by the
House Committee on Energy and Commerce on July 17, 2019. The
Senate and House bills are identical, and CBO's estimates are
the same.
The CBO staff contact for this estimate is Philippa Haven.
The estimate was reviewed by Leo Lex, Deputy Assistant Director
for Budget Analysis.
REGULATORY IMPACT STATEMENT
Because S. 481 does not create any new programs, the
legislation will have no additional regulatory impact, and will
result in no additional reporting requirements. The legislation
will have no further effect on the number or types of
individuals and businesses regulated, the economic impact of
such regulation, the personal privacy of affected individuals,
or the paperwork required from such individuals and businesses.
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.
This section would provide that the bill may be cited as
the ``Nicholas and Zachary Burt Memorial Carbon Monoxide
Poisoning Prevention Act of 2019''.
Section 2. Findings and sense of Congress.
This section would state the findings of Congress regarding
the dangers of CO poisoning, the scope of the problem of CO
poisoning, and how the installation of CO alarms close to
sleeping areas in residential homes and other dwelling units
can help avoid fatalities. This section would also state the
sense of Congress that the installation of CO detectors in
homes and dwelling units should be promoted to benefit the
health and public safety of citizens throughout the United
States.
Section 3. Definitions.
This section would define the term ``compliant carbon
monoxide alarm'' as one that complies with the most current
versions of two standards issued by the American National
Standards Institute and Underwriters Laboratories (ANSI/UL):
the Standard for Single and Multiple Station Carbon Monoxide
Alarms (ANSI/UL 2034) and the Standard for Gas and Vapor
Detectors and Sensors (ANSI/UL 2075), or any successor
standards thereof. This section would also define the term
``NFPA 720'' to mean the Standard for the Installation of
Carbon Monoxide Detection and Warning Equipment issued by the
National Fire Protection Association in 2012 and any amended or
similar successor standard. This section would also define the
terms ``carbon monoxide alarm'', ``Commission'', ``dwelling
unit'', ``fire code enforcement officials'', ``IFC'', ``IRC'',
``State'', and ``Tribal organization''.
Section 4. Grant program for carbon monoxide poisoning prevention.
This section would direct the Commission to establish a
grant program to provide assistance to States and Tribal
organizations to carry out certain CO poisoning prevention
activities. To be eligible, this section would require a State
or Tribal organization to demonstrate to the Commission that
such State or Tribal organization has adopted a statute or
regulation with the force and effect of law that requires
compliant CO alarms to be installed in dwelling units in
accordance with NFPA 72, the IFC, or the IRC. Such States or
Tribal organizations would also be required to submit an
application to that effect.
This section would direct the Commission to determine the
amount of each grant awarded under this section. This section
would also direct the Commission to give favorable
consideration to eligible State or Tribal organizations that
require the installation of compliant CO alarms in certain new
or existing buildings within which a fuel-burning appliance has
been installed or has an attached garage, and has developed a
strategy to protect vulnerable populations from exposure to
unhealthy levels of CO.
This section would allow a State or Tribal organization to
which a grant is awarded to use the grant funding to purchase
and install compliant CO alarms in the dwelling units of low-
income families or elderly individuals, facilities that
commonly serve children or the elderly, or student dwelling
units owned by public universities. Funds may also be used to
train State, Tribal, or local fire code enforcement officials
on the proper enforcement of requirements; to develop and
disseminate training materials, hire instructors, and cover
other costs associated with training sessions; or to educate
the public about CO poisoning risks and the importance of
proper CO alarm use.
This section would limit the amount of the grant funding
that a recipient may spend on administrative costs to not more
than 5 percent of the amount awarded. This section would also
limit the amount of the grant funding that a recipient may
spend on public outreach activities to not more than 25 percent
of the amount awarded. In addition, this section directs the
Commission to use funds already appropriated to the CPSC for
the grant program, and requires States to provide 20 percent in
non-Federal contributions of the amount of Federal funds
provided in the grant. Tribal organizations would be exempt
from the cost-sharing requirements. This section would also
require the Commission to provide an annual report to Congress
that evaluates the program in each year grants are awarded.
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.
[all]