```

[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.
                                 <all>
```