[Senate Report 116-261]
[From the U.S. Government Publishing Office]


                                                  Calendar No. 524

116th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 116-261

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

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\
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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]