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116th Congress }                                        { Rept. 116-208
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                        { Part 1

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

 
 NICHOLAS AND ZACHARY BURT CARBON MONOXIDE POISONING PREVENTION ACT OF 
                                  2019

                                _______
                                

 September 16, 2019.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 1618]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 1618) to encourage States to require the 
installation of residential carbon monoxide 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
   I. Purpose and Summary.............................................3
  II. Background and Need for the Legislation.........................4
 III. Committee Hearings..............................................5
  IV. Committee Consideration.........................................5
   V. Committee Votes.................................................6
  VI. Oversight Findings..............................................6
 VII. New Budget Authority, Entitlement Authority, and Tax Expenditure6
VIII. Federal Mandates Statement......................................6
  IX. Statement of General Performance Goals and Objectives...........6
   X. Duplication of Federal Programs.................................7
  XI. Committee Cost Estimate.........................................7
 XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits.....7
XIII. Advisory Committee Statement....................................7
 XIV. Applicability to Legislative Branch.............................7
  XV. Section-by-Section Analysis of the Legislation..................7
 XVI. Changes in Existing Law Made by the Bill, as Reported...........9

    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 ``Nicholas and Zachary Burt Carbon 
Monoxide Poisoning Prevention Act of 2019''.

SEC. 2. FINDINGS AND SENSE OF CONGRESS.

  (a) 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, kills more than 400 people each year and sends more 
        than 15,000 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.
  (b) Sense of Congress.--It is the sense of Congress that 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 United States.

SEC. 3. DEFINITIONS.

  In this Act:
          (1) Carbon monoxide alarm.--The term ``carbon monoxide 
        alarm'' means a device or system that--
                  (A) detects carbon monoxide; and
                  (B) is intended to alarm at carbon monoxide 
                concentrations below those that could cause a loss of 
                ability to react to the dangers of carbon monoxide 
                exposure.
          (2) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
          (3) Compliant carbon monoxide alarm.--The term ``compliant 
        carbon monoxide alarm'' means a carbon monoxide alarm that 
        complies with the most current version of--
                  (A) the American National Standard for Single and 
                Multiple Station Carbon Monoxide Alarms (ANSI/UL 2034); 
                or
                  (B) the American National Standard for Gas and Vapor 
                Detectors and Sensors (ANSI/UL 2075).
          (4) Dwelling unit.--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) Fire code enforcement officials.--The term ``fire code 
        enforcement officials'' means officials of the fire safety code 
        enforcement agency of a State or local government.
          (6) NFPA 72.--The term ``NFPA 72'' means--
                  (A) the National Fire Alarm and Signaling Code issued 
                in 2019 by the National Fire Protection Association; 
                and
                  (B) any amended or similar successor standard 
                pertaining to the proper installation of carbon 
                monoxide alarms in dwelling units.
          (7) State.--The term ``State'' has the meaning given such 
        term in section 3 of the Consumer Product Safety Act (15 U.S.C. 
        2052) and includes the Northern Mariana Islands and any 
        political subdivision of a State.

SEC. 4. GRANT PROGRAM FOR CARBON MONOXIDE POISONING PREVENTION.

  (a) In General.--Subject to the availability of appropriations 
authorized under subsection (f), the Commission shall establish a grant 
program to provide assistance to eligible States to carry out the 
carbon monoxide poisoning prevention activities described in subsection 
(e).
  (b) Eligibility.--For purposes of this section, an eligible State is 
any State that--
          (1) demonstrates to the satisfaction of the Commission that 
        the State has adopted a statute or a rule, regulation, or 
        similar measure with the force and effect of law, requiring 
        compliant carbon monoxide alarms to be installed in dwelling 
        units in accordance with NFPA 72; and
          (2) submits 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 the State by the fire code enforcement officials for 
        such State.
  (c) Grant Amount.--The Commission shall determine the amount of the 
grants awarded under this section.
  (d) Selection of Grant Recipients.--In selecting eligible States for 
the award of grants under this section, the Commission shall give 
favorable consideration to an eligible State that--
          (1) requires the installation of compliant carbon monoxide 
        alarms in new or existing educational facilities, childcare 
        facilities, health care facilities, adult dependent care 
        facilities, government buildings, restaurants, theaters, 
        lodging establishments, or dwelling units--
                  (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; and
          (2) has developed a strategy to protect vulnerable 
        populations such as children, the elderly, or low-income 
        households.
  (e) Use of Grant Funds.--
          (1) In general.--An eligible State receiving a grant under 
        this section may use such grant--
                  (A) 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 childcare 
                facilities, public schools, and senior centers, or 
                student dwelling units owned by public universities;
                  (B) to train State or local fire code enforcement 
                officials in the proper enforcement of State or local 
                laws concerning compliant carbon monoxide alarms and 
                the installation of such alarms in accordance with NFPA 
                72;
                  (C) for the development and dissemination of training 
                materials, instructors, and any other costs related to 
                the training sessions authorized by this subsection; 
                and
                  (D) to educate the public about the risk associated 
                with carbon monoxide as a poison and the importance of 
                proper carbon monoxide alarm use.
          (2) Limitations.--
                  (A) Administrative costs.--Not more than 10 percent 
                of any grant amount received under this section may be 
                used to cover administrative costs not directly related 
                to training described in paragraph (1)(B).
                  (B) Public outreach.--Not more than 25 percent of any 
                grant amount received under this section may be used to 
                cover costs of activities described in paragraph 
                (1)(D).
  (f) Authorization of Appropriations.--
          (1) In general.--Subject to paragraph (2), there is 
        authorized to be appropriated to the Commission, for each of 
        the fiscal years 2020 through 2024, $2,000,000, which shall 
        remain available until expended to carry out this Act.
          (2) Limitation on administrative expenses.--Not more than 10 
        percent of the amounts appropriated or otherwise made available 
        to carry out this section may be used for administrative 
        expenses.
          (3) Retention of amounts.--Any amounts appropriated pursuant 
        to this subsection that remain unexpended and unobligated on 
        September 30, 2024, shall be retained by the Commission and 
        credited to the appropriations account that funds the 
        enforcement of the Consumer Product Safety Act (15 U.S.C. 
        2051).
  (g) Report.--Not later than 1 year after the last day of each fiscal 
year for which grants are awarded under this section, the Commission 
shall submit to Congress a report that evaluates the implementation of 
the grant program required by this section.

                         I. PURPOSE AND SUMMARY

    H.R. 1618, the ``Nicholas and Zachary Burt Carbon Monoxide 
Poisoning Prevention Act of 2019'', was introduced in the House 
on March 7, 2019, by Reps. Ann M. Kuster (D-NH) and Earl L. 
``Buddy'' Carter (R-GA) and was referred to the Committee on 
Energy and Commerce. H.R. 1618 directs the Consumer Product 
Safety Commission (CPSC) to establish a grant program for 
States to purchase and install carbon monoxide detectors in 
dwelling units of low-income families or the elderly; 
facilities that commonly serve children or the elderly, 
including childcare facilities, public schools, and senior 
centers; or student dorms owned by public universities, and to 
assist in enforcement and education efforts related to carbon 
monoxide detectors.

                II. BACKGROUND AND NEED FOR LEGISLATION

    Carbon monoxide is a deadly poisonous gas that is odorless, 
colorless, and tasteless.\1\ Low to moderate carbon monoxide 
poisoning causes flu-like symptoms, including headache, 
fatigue, shortness of breath, nausea, and dizziness.\2\ At 
higher levels, carbon monoxide poisoning results in mental 
confusion, vomiting, loss of muscular coordination, loss of 
consciousness, and ultimately death.\3\
---------------------------------------------------------------------------
    \1\Consumer Product Safety Commission, Carbon-Monoxide-Questions-
and-Answers (www.cpsc.gov/Safety-Education/Safety-Education-Centers/
Carbon-Monoxide-Information-Center/Carbon-Monoxide-Questions-and-
Answers).
    \2\Id.
    \3\Id.
---------------------------------------------------------------------------
    Carbon monoxide is produced by the burning of various 
fuels, including coal, wood, charcoal, oil, kerosene, propane, 
and natural gas.\4\ Internal combustion engine-powered 
equipment such as portable generators, cars, lawn mowers, and 
power washers also produce carbon monoxide.\5\
---------------------------------------------------------------------------
    \4\Id.
    \5\Id.
---------------------------------------------------------------------------
    The Centers for Disease Control and Prevention (CDC) tracks 
carbon monoxide injury and death in the United States. 
According to the CDC, more than 400 people die each year in the 
United States from unintentional, non-fire related carbon 
monoxide poisoning.\6\ The CDC also reports that approximately 
50,000 people in the U.S. visit the emergency department each 
year due to accidental carbon monoxide poisoning.\7\
---------------------------------------------------------------------------
    \6\Centers for Disease Control and Prevention, Carbon Monoxide 
Poisoning Prevention (Mar. 4, 2019) (www.cdc.gov/features/
timechangecodetectors/index.html).
    \7\Centers for Disease Control and Prevention, Carbon Monoxide (CO) 
Poisoning Prevention (Jan. 21, 2019) (www.cdc.gov/features/copoisoning/
index.html).
---------------------------------------------------------------------------
    There are currently two voluntary consensus standards 
regarding carbon monoxide alarms: 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). The ANSI/UL 2034 
standard covers electrically operated single and multiple 
station carbon monoxide alarms intended for protection in 
ordinary indoor locations of dwelling units, including 
recreational vehicles, mobile homes, and recreational boats 
with enclosed accommodation spaces, and cockpit areas.\8\ The 
ANSI/UL 2075 standard covers toxic and combustible gas and 
vapor detectors and sensors intended to be portable or employed 
in indoor or outdoor locations.\9\
---------------------------------------------------------------------------
    \8\IEEE GlobalSpec, UL 2034: UL Standard for Safety Single and 
Multiple Station Carbon Monoxide Alarms (Mar. 31, 2017) 
(standards.globalspec.com/std/13051657/ul-2034).
    \9\IEEE GlobalSpec, UL 2075 UL Standard for Safety Gas and Vapor 
Detectors and Sensors (Mar. 31, 2017) (standards.globalspec.com/std/
10198124/ul-2075).
---------------------------------------------------------------------------
    The National Fire Protection Association (NFPA) publishes 
the National Fire Alarm and Signaling Code, NFPA 72.\10\ This 
code covers the application, installation, location, 
performance, inspection, testing, and maintenance of fire alarm 
systems, supervising station alarm systems, public emergency 
alarm reporting systems, fire warning equipment and emergency 
communications systems, and their components.\11\
---------------------------------------------------------------------------
    \10\National Fire Protection Association, NFPA 72; National Fire 
Alarm and Signaling Code (2019) (www.nfpa.org/codes-and-standards/all-
codes-and-standards/list-of-codes-and-standards/detail?code=72).
    \11\Id.
---------------------------------------------------------------------------
    As of March 27, 2018, 38 states and the District of 
Columbia have statutes or regulations that require carbon 
monoxide detectors in certain private dwellings.\12\ State 
requirements vary, with some limiting the requirement to 
buildings with fossil-fuel burning devices, or only upon the 
sale of the property or unit.\13\
---------------------------------------------------------------------------
    \12\National Conference of State Legislatures, Carbon Monoxide 
Detector Requirements, Laws and Regulations (Mar. 27, 2018) 
(www.ncsl.org/research/environment-and-natural-resources/carbon-
monoxide-detectors-state-statutes.aspx).
    \13\Id.
---------------------------------------------------------------------------
    H.R. 1618 is needed to further prevent death or injury from 
carbon monoxide poisoning.

                        III. COMMITTEE HEARINGS

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress, the following hearings were used to develop or 
consider H.R. 1618:
    The Subcommittee on Consumer Protection and Commerce held 
an oversight hearing on June 9, 2019. The hearing was entitled, 
``Protecting Americans from Dangerous Products: Is the Consumer 
Product Safety Commission Fulfilling Its Mission?''. The 
Subcommittee received testimony from the CPSC members and other 
consumer organizations witnesses:
     The Honorable Ann Marie Buerkle, Acting Chairman, 
Consumer Product Safety Commission;
     The Honorable Elliot F. Kaye, Commissioner, 
Consumer Product Safety Commission;
     The Honorable Robert S. Adler, Commissioner, 
Consumer Product Safety Commission;
     The Honorable Dana Baiocco, Commissioner, Consumer 
Product Safety Commission;
     The Honorable Peter A. Feldman, Commissioner, 
Consumer Product Safety Commission;
     Rachel Weintraub, Legislative Director and General 
Counsel, Consumer Federation of America;
     Nancy Cowles, Executive Director, Kids in Danger; 
and
     Remington A. Gregg, Counsel for Civil Justice and 
Consumer Rights, Public Citizen.
    The Subcommittee on Consumer Protection and Commerce held a 
legislative hearing on June 13, 2019, on H.R. 1618, the 
``Nicholas and Zachary Burt Carbon Monoxide Poisoning 
Prevention Act of 2019'' and six other bills. The hearing was 
entitled, ``Keeping Kids and Consumers Safe from Dangerous 
Products.'' The Subcommittee received testimony from:
     Will Wallace, Manager, Home & Products Policy, 
Consumer Reports;
     Crystal Ellis, Founding Member, Parents Against 
Tip-Overs;
     Chris Parsons, President, Minnesota Professional 
Fire Fighters; and
     Charles A. Samuels, Member, Mintz.

                      IV. COMMITTEE CONSIDERATION

    H.R. 1618, the ``Nicholas and Zachary Burt Carbon Monoxide 
Poisoning Prevention Act of 2019'' was introduced in the House 
on March 7, 2019, by Reps. Kuster (D-NH) and Carter (R-GA) and 
referred to the Committee on Energy and Commerce. Subsequently, 
the bill was referred to the Subcommittee on Consumer 
Protection and Commerce on March 8, 2019. Following hearings, 
the Subcommittee met in open markup session, pursuant to 
notice, on July 10, 2019, for consideration of H.R. 1618. An 
amendment in the nature of a substitute offered by Ms. 
Schakowsky, #1, was agreed to by a voice vote. Subsequently, 
the Subcommittee agreed to a motion by Ms. Schakowsky, 
Chairwoman of the Subcommittee, to forward favorably H.R. 1618, 
amended, to the full Committee on Energy and Commerce by a 
voice vote.
    On July 17, 2019, the full Committee met in open markup 
session, pursuant to notice, to consider H.R. 1618, as amended 
by the subcommittee. During markup of the bill, no amendments 
were offered. At the conclusion of consideration of the bill, 
the full Committee on Energy and Commerce agreed to a motion by 
Mr. Pallone, Chairman of the Committee, to order the bill H.R. 
1618 ordered reported favorably to the House, as amended, by a 
voice vote, a quorum being present.

                           V. 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. 
There were no record votes taken in connection with ordering 
H.R. 1618 reported or on any amendments to the bill.

                         VI. OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

 VII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures.

                    VIII. FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to prevent 
carbon monoxide poisoning by requiring the CPSC to establish a 
grant program that aids eligible states in carrying out carbon 
monoxide poisoning prevention activities.

                   X. DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 1618 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XI. COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

    XII. EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 1618 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                   XIII. ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                XIV. APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation 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) of the Congressional Accountability Act.

           XV. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

    Section 1 designates that the short title may be cited as 
the ``Nicholas and Zachary Burt Memorial Carbon Monoxide 
Poisoning Prevention Act of 2015''.

Sec. 2. Findings and sense of Congress

    Section 2 provides the findings of Congress, including the 
dangers of carbon monoxide poisoning and the utility of carbon 
monoxide alarms. This section also expresses the sense of 
Congress that Congress should promote the purchase and 
installation of carbon monoxide alarms in residential homes and 
dwelling units nationwide to promote health and public safety.

Sec. 3. Definitions

    Section 3 defines terms used throughout the bill, including 
the terms ``carbon monoxide alarm'', ``compliant carbon 
monoxide alarm'', and ``dwelling unit''.
    A ``carbon monoxide alarm'' means a device or system that 
detects carbon monoxide and that is intended to alarm at carbon 
monoxide 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'' means an alarm that 
complies with the most current version of the American National 
Standard for Single and Multiple Station Carbon Monoxide Alarms 
(ANSI/UL 2034) or the American National Standard for Gas and 
Vapor Detectors and Sensors (ANSI/UL 2075).
    A ``dwelling unit'' means a room or suite of rooms used for 
human habitation and includes 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.

Sec. 4. Grant program for carbon monoxide poisoning prevention

    Subsections (a) and (b) of this section direct the CPSC to 
establish, subject to appropriations, a grant program for 
states that have adopted a statute or regulation requiring 
compliant carbon monoxide alarms be installed in dwelling units 
in accordance with NFPA 72.
    Subsections (c) and (d) of this section specify that the 
CPSC shall determine grant amounts awarded, giving favorable 
consideration to States that: prioritize the purchase and 
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.
    Subsection (e) of this section specifies that grants 
awarded under the program may 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 childcare 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. This 
subsection contains a limitation that not more than 10 percent 
of any grant received may be used to cover administrative costs 
not directly related to training of fire code enforcement 
officials in the proper enforcement of laws concerning carbon 
monoxide alarms and their installation. It also specifies that 
no more than 25 percent of any grant funds could be used to 
educate the public about the risk associated with carbon 
monoxide as a poison and the importance of proper carbon 
monoxide alarm use.
    Subsection (f) of this section authorizes an appropriation 
of $2 million for each of FY 2020 through FY 2024 to the CPSC 
to carry out this Act. It also specifies no more than 10 
percent of funds appropriated may be used for administrative 
purposes.
    Finally, subsection (g) of this section requires the CPSC 
to submit a report to Congress that evaluates the 
implementation of the program not later than one year after the 
last day of each fiscal year for which grants are awarded under 
the program.

       XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    There are no changes to existing law made by the bill H.R. 
1618.