[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3343 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 3343
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 27, 2012
Ms. Klobuchar (for herself and Ms. Snowe) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nicholas and Zachary Burt Memorial
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.
In this Act:
(1) Approved carbon monoxide alarm.--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 under this Act.
(2) Carbon monoxide alarm.--The term ``carbon monoxide
alarm'' means a device 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.
(3) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(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 720.--The term ``NFPA 720'' means--
(A) the Standard for the Installation of Carbon
Monoxide Detection and Warning Equipment issued by the
National Fire Protection Association in 2012; and
(B) 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 the 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 standards shall take effect on the date that is 1
year after the date on which they are published.
(b) Revision of Standards.--Beginning 1 year after the date of the
enactment of this Act, if either standard described in subsection (a)
is revised through the applicable consensus standards development
process--
(1) Underwriters Laboratories shall notify the Commission
of the revision; and
(2) the revision shall be incorporated in the consumer
product safety rule unless the Commission--
(A) determines, not later than 60 days after such
notice, that such revision does not carry out the
purposes of this Act; and
(B) publishes the basis for such determination in
the Federal Register.
(c) Rulemaking.--Notwithstanding any other provision of this Act,
the Commission, at any time subsequent to publication of the consumer
product safety standards required under subsection (a), may 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. 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 and local governments
to carry out the carbon monoxide poisoning prevention activities
described 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 dwelling
units in accordance with NFPA 720; 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) prioritize the installation of approved carbon monoxide
alarms in existing 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;
(2) have developed a strategy to protect 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.--Not more than 10 percent of any
grant funds received under this section may be used to cover
administrative costs not directly related to training described
in subsection (d)(2).
(2) Public outreach.--Not more than 25 percent of any grant
funds received under this section may be used to cover costs of
activities described in subsection (d)(4).
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission, for each of the fiscal years 2012
through 2016, $2,000,000, which shall remain available until expended
to carry out this Act. Any amounts appropriated pursuant to this
subsection that remain unexpended and unobligated on September 30,
2015, shall be retained by the Commission and credited to the
appropriations account that funds the 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 awarded under this section, the
Commission shall submit a report to Congress that evaluates the
implementation of the grant program authorized under this section.
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