U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

49–010 

" ! SENATE 113TH CONGRESS

2d Session 

REPORT

2014

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 


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(II) 

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 


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1 Centers for Disease Control and Prevention, Factsheet, Carbon Monoxide Poisoning, at 

www.cdc.gov/co/pdfs/flyer/_danger.pdf. 

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 


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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. 4 NEMA, Life Safety Solutions Online, at www.lifesafetysolutionsonline.org/legislativeregulatory. 

monoxide poisoning each year.2 The highest percentage of carbon 

monoxide exposure occurs during the winter months of December, 

January, and February.3

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. 

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. 


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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 esti- mates 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, 


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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 


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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.). 


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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. 

Æ 


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