[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 730 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 730

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 25, 1999

  Mr. Durbin introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 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 the ``Fire Safe 
Cigarette Act of 1999''.
    (b) Findings.--Congress finds that--
            (1) cigarette ignited fires are the leading cause of fire 
        deaths in the United States;
            (2) in 1996 cigarette ignited fires caused--
                    (A) 1,083 deaths;
                    (B) 2,809 civilian injuries; and
                    (C) $420,000,000 in property damage;
            (3) each year, more than 100 children are killed from 
        cigarette-related fires;
            (4) the technical work necessary to achieve a cigarette 
        fire safety standard has been accomplished under the Cigarette 
        Safety Act of 1984 (15 U.S.C. 2054 note) and the Fire Safe 
        Cigarette Act of 1990 (15 U.S.C. 2054 note);
            (5) it is appropriate for Congress to require 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 the absence of a cigarette fire safety 
        standard is $6,000,000,000 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. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
            (2) Cigarette.--The term ``cigarette'' has the meaning 
        given that term in section 3 of the Federal Cigarette Labeling 
        and Advertising Act (15 U.S.C. 1332).
            (3) Stockpiling.--The term ``stockpiling'' means the 
        manufacturing or importing of a cigarette during the period 
        beginning on the date of promulgation of a rule under section 
        3(a) and ending on the effective date of that rule, at a rate 
        greater than the rate at which cigarettes were manufactured or 
        imported during the 1-year period immediately preceding the 
        date of promulgation of that rule.

SEC. 3. CIGARETTE FIRE SAFETY STANDARD.

    (a) In General.--
            (1) Promulgation of cigarette fire safety standard.--Not 
        later than 18 months after the date of enactment of this Act, 
        the Commission shall promulgate a rule that establishes a 
        cigarette fire safety standard for cigarettes to reduce the 
        risk of ignition presented by cigarettes.
            (2) Requirements.--In establishing the cigarette fire 
        safety standard under paragraph (1), the Commission shall--
                    (A) consult with the Director of the National 
                Institute of Standards and Technology and make use of 
                such capabilities of the as the Commission considers 
                necessary;
                    (B) seek the advice and expertise of the heads of 
                other Federal agencies and State agencies engaged in 
                fire safety; and
                    (C) take into account the final report to Congress 
                made by the Commission and the Technical Study Group on 
                Cigarette and Little Cigar Fire Safety established 
                under section 3 of the Fire Safe Cigarette Act of 1990 
                (15 U.S.C. 2054 note), that includes a finding that 
                cigarettes with a low ignition propensity were already 
                on the market at the time of the preparation of the 
                report.
    (b) Stockpiling.--The Commission shall include in the rule 
promulgated under subsection (a) a prohibition on the stockpiling of 
cigarettes covered by the rule.
    (c) Effective Date of Rule.--The rule promulgated under subsection 
(a) shall take effect not later than 30 months after the date of the 
enactment of this Act.
    (d) Procedure.--
            (1) In general.--The rule under subsection (a) shall be 
        promulgated in accordance with section 553 of title 5, United 
        States Code.
            (2) Construction.--Except as provided in paragraph (1), no 
        other provision of Federal law shall be construed to apply with 
        respect to the promulgation of a rule under subsection (a), 
        including--
                    (A) the Consumer Product Safety Act (15 U.S.C. 2051 
                et seq.);
                    (B) chapter 6 of title 5, United States Code;
                    (C) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (D) the Small Business Regulatory Enforcement 
                Fairness Act of 1996 (Public Law 104-121) and the 
                amendments made by that Act.
    (e) Judicial Review.--
            (1) General rule.--
                    (A) In general.--Any person who is adversely 
                affected by the rule promulgated under subsection (a) 
                may, at any time before the 60th day after the 
                Commission promulgates 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 that 
                person resides or has its principal place of business 
                to obtain judicial review of the rule.
                    (B) Petition.--Upon the filing of a petition under 
                subparagraph (A), a copy of the petition shall be 
                transmitted by the clerk of the court to the Secretary 
                of Commerce. The Commission shall file in the court the 
                record of the proceedings on which the Commission based 
                the rule, in the same manner as is prescribed for the 
                review of an order issued by an agency under section 
                2112 of title 28, United States Code.
            (2) Additional evidence.--
                    (A) In general.--With respect to a petition filed 
                under paragraph (1), the court may order 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 considers appropriate, if the petitioner--
                            (i) applies to the court for leave to 
                        adduce additional evidence; and
                            (ii) demonstrates, to the satisfaction of 
                        the court, that--
                                    (I) such additional evidence is 
                                material; and
                                    (II) there was no opportunity to 
                                adduce such evidence in the proceeding 
                                before the Commission.
                    (B) Modification.--With respect to the rule 
                promulgated by the Commission under subsection (a), the 
                Commission--
                            (i) may modify the findings of fact of the 
                        Commission, or make new findings, by reason of 
                        any additional evidence taken by a court under 
                        subparagraph (A); and
                            (ii) if the Commission makes a modification 
                        under clause (i), shall file with the court the 
                        modified or new findings, together with such 
                        recommendations as the Commission determines to 
                        be appropriate, for the modification of the 
                        rule, to be promulgated as a final rule under 
                        subsection (a).
            (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 under paragraph 
        (2), in accordance with chapter 7 of title 5, United States 
        Code.
    (f) Small Business Review.--Section 30 of the Small Business Act 
(15 U.S.C. 657) shall not apply with respect to--
            (1) a cigarette fire safety standard promulgated by the 
        Commission under subsection (a); or
            (2) any agency action taken to enforce that standard.

SEC. 4. ENFORCEMENT.

    (a) Prohibition.--No person may--
            (1) manufacture or import a cigarette, unless the cigarette 
        is in compliance with a cigarette fire safety standard 
        promulgated under section 3(a); or
            (2) 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 (15 U.S.C. 
2068).

SEC. 5. PREEMPTION.

    (a) In General.--This Act, including the cigarette fire safety 
standard promulgated under section 3(a), shall not be construed to 
preempt or otherwise affect in any manner any law of a State or 
political subdivision thereof that prescribes a fire safety standard 
for cigarettes that is more stringent than the standard promulgated 
under section 3(a).
    (b) Defenses.--In any civil action for damages, compliance with the 
fire safety standard promulgated under section 3(a) may not be admitted 
as a defense.
                                 <all>