[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3935 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3935

  To direct the Consumer Product Safety Commission to promulgate fire 
        safety standards for cigarettes, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 21, 1998

 Mr. Moakley introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
  To direct the Consumer Product Safety Commission to promulgate fire 
        safety standards for cigarettes, 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, FINDINGS.

    (a) Short Title.--This Act may be cited as ``Fire Safe Cigarette 
Act of 1998''.
    (b) Findings.--The Congress finds that--
            (1) cigarette ignited fires are the leading cause of fire 
        deaths in the United States,
            (2) in 1995 there were 1,122 deaths from cigarette ignited 
        fires, 2,667 civilian injuries from such fires, and $507 
        million in property damage caused by such fires,
            (3) over 100 children are killed each year from cigarette 
        related fires,
            (4) the results accomplished under the Cigarette Safety Act 
        of 1984 and the Fire Safe Cigarette Act of 1990 complete the 
        necessary technical work for a cigarette fire safety standard,
            (5) it is appropriate for the Congress to require by law 
        the establishment of a cigarette fire safety standard for the 
        manufacture and importation of cigarettes,
            (6) the most recent study by the Consumer Product Safety 
        Commission found that the cost of the loss of human life and 
        personal property from not having a cigarette fire safety 
        standard is $4,000,000,000 a year, and
            (7) it is appropriate that the regulatory expertise of the 
        Consumer Product Safety Commission be used to implement a 
        cigarette fire safety standard.

SEC. 2. CIGARETTE FIRE SAFETY STANDARD.

    (a) In General.--Not later than 18 months after the date of the 
enactment of this Act, the Consumer Product Safety Commission shall by 
rule issue a cigarette fire safety standard for cigarettes to reduce 
the risk of ignition presented by cigarettes. In establishing the 
standard the Commission shall--
            (1) consult with the National Institute of Standards and 
        Technology and make use of its capabilities as it deems 
        necessary and seek the advice and expertise of other Federal 
        and State agencies engaged in fire safety, and
            (2) take into account the final report to the Congress made 
        by the Commission and the Technical Advisory Group established 
        under section 3 of the Fire Safe Cigarette Act of 1990 in which 
        it was found that cigarettes with a low ignition propensity are 
        already on the market.
    (b) Stockpiling.--The Commission shall include in the rule issued 
under subsection (a) a prohibition of stockpiling of cigarettes to 
which the standard issued under subsection (a) will not apply. For 
purposes of this subsection, the term ``stockpiling'' means the 
manufacturing or importing of a cigarette between the date a standard 
is issued under subsection (a) and the date the standard is to take 
effect at a rate greater than the rate the cigarettes were manufactured 
or imported for the one year period ending on the date the standard was 
issued.
    (c) Procedure.--
            (1) In general.--The rule under subsection (a) shall be 
        issued in accordance with section 553 of title 5, United States 
        Code.
            (2) Other provisions.--Sections 7, 9, and 30(d) of the 
        Consumer Product Safety Act (15 U.S.C. 2056,2058,2079(d)) do 
        not apply to the proceedings under this subsection and section 
        11 of such Act (15 U.S.C. 2060) shall not apply with respect to 
        any standard issued under such proceedings.
    (d) Effective Date.--The Commission shall prescribe the effective 
date of the rule issued under subsection (a), except that such date may 
not be later than 30 months after the date of the enactment of this 
Act.
    (e) Judicial Review.--
            (1) General rule.--Any person who is adversely affected by 
        a rule issued under subsection (a) may, at any time before the 
        60th day after the Commission issues the rule, file a petition 
        with the United States Court of Appeals for the District of 
        Columbia Circuit or for any other circuit in which such person 
        resides or has its principal place of business to obtain 
        judicial review of the rule. A copy of the petition shall be 
        forthwith transmitted by the clerk of the court to the 
        Secretary. The Commission shall file in the court the record of 
        the proceedings on which the Commission based the rule as 
        provided in section 2112 of title 28, United States Code.
            (2) Additional evidence.--If the petitioner applies to the 
        court for leave to adduce additional evidence, and shows to the 
        satisfaction of the court that such additional evidence is 
        material and that there was no opportunity to adduce such 
        evidence in the proceeding before the Commission, the court may 
        order such additional evidence (and evidence in rebuttal 
        thereof) to be taken before the Commission in a hearing or in 
        such other manner, and upon such terms and conditions, as the 
        court deems proper. The Commission may modify the Commission's 
        findings as to the facts, or make new findings, by reason of 
        the additional evidence so taken, and the Commission shall file 
        such modified or new findings, and the Commission's 
        recommendations, if any, for the modification of the rule.
            (3) Court jurisdiction.--Upon the filing of a petition 
        under paragraph (1), the court shall have jurisdiction to 
        review the rule of the Commission, as modified, in accordance 
        with chapter 7 of title 5, United States Code.

SEC. 3. ENFORCEMENT.

    (a) Prohibition.--No person--
            (1) may manufacture or import a cigarette unless the 
        cigarette is in compliance with a cigarette fire safety 
        standard issued under section 2(a); or
            (2) shall fail to provide information as required under 
        this Act.
    (b) Penalty.--A violation of subsection (a) shall be considered a 
violation of section 19 of the Consumer Product Safety Act.

SEC. 4. PREEMPTION.

    (a) In General.--This Act and the cigarette fire safety standard 
promulgated under section 2(a) do not preempt or otherwise affect in 
any way any law of a State or political subdivision which prescribes a 
fire safety standard for cigarettes which is more stringent than the 
standard promulgated under section 2(a).
    (b) Defenses.--In any civil action for damages compliance with the 
fire safety standard promulgated under section 2(a) may not be admitted 
as a defense.

SEC. 5. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Commission'' means the Consumer Product 
        Safety Commission.
            (2) The term ``cigarette'' has the meaning prescribed by 
        section 3 of the Federal Cigarette Labeling and Advertising 
        Act.
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