[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3551 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3551

   To adopt a certain California flammability standard as a Federal 
   flammability standard to protect against the risk of upholstered 
            furniture flammability, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 4, 2018

 Mr. Wicker (for himself and Mr. Blumenthal) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To adopt a certain California flammability standard as a Federal 
   flammability standard to protect against the risk of upholstered 
            furniture flammability, 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 ``Safer Occupancy Furniture 
Flammability Act'' or ``SOFFA''.

SEC. 2. ADOPTION OF CALIFORNIA FLAMMABILITY STANDARD AS A FEDERAL 
              STANDARD.

    (a) Definitions.--In this section--
            (1) the term ``bedding product'' means--
                    (A) an item that is used for sleeping or sleep-
                related purposes; or
                    (B) any component or accessory with respect to an 
                item described in subparagraph (A), without regard to 
                whether the component or accessory, as applicable, is 
                used--
                            (i) alone; or
                            (ii) along with, or contained within, that 
                        item;
            (2) the term ``California standard'' means the standard set 
        forth by the Bureau of Electronic and Appliance Repair, Home 
        Furnishings and Thermal Insulation of the Department of 
        Consumer Affairs of the State of California in Technical 
        Bulletin 117-2013, entitled ``Requirements, Test Procedure and 
        Apparatus for Testing the Smolder Resistance of Materials Used 
        in Upholstered Furniture'', originally published June 2013, as 
        in effect on the date of enactment of this Act;
            (3) the terms ``foundation'' and ``mattress'' have the 
        meanings given those terms in section 1633.2 of title 16, Code 
        of Federal Regulations, as in effect on the date of enactment 
        of this Act; and
            (4) the term ``upholstered furniture''--
                    (A) means an article of seating furniture that--
                            (i) is intended for indoor use;
                            (ii) is movable or stationary;
                            (iii) is constructed with a contiguous 
                        upholstered--
                                    (I) seat; and
                                    (II)(aa) back; or
                                    (bb) arm;
                            (iv) is--
                                    (I) made or sold with a cushion or 
                                pillow, without regard to whether that 
                                cushion or pillow, as applicable, is 
                                attached or detached with respect to 
                                the article of furniture; or
                                    (II) stuffed or filled, or able to 
                                be stuffed or filled, in whole or in 
                                part, with any material, including a 
                                substance or material that is hidden or 
                                concealed by fabric or another 
                                covering, including a cushion or pillow 
                                belonging to, or forming a part of, the 
                                article of furniture; and
                            (v) together with the structural units of 
                        the article of furniture, any filling material, 
                        and the container and covering with respect to 
                        those structural units and that filling 
                        material, can be used as a support for the body 
                        of an individual, or the limbs and feet of an 
                        individual, when the individual sits in an 
                        upright or reclining position;
                    (B) includes an article of furniture that is 
                intended for use by a child; and
                    (C) does not include--
                            (i) a mattress;
                            (ii) a foundation;
                            (iii) any bedding product; or
                            (iv) furniture that is used exclusively for 
                        the purpose of physical fitness and exercise.
    (b) Adoption of Standard.--
            (1) In general.--Beginning on the date that is 180 days 
        after the date of enactment of this Act, and except as provided 
        in paragraph (2), the California standard shall be considered 
        to be a flammability standard promulgated by the Consumer 
        Product Safety Commission under section 4 of the Flammable 
        Fabrics Act (15 U.S.C. 1193).
            (2) Testing and certification.--A fabric, related material, 
        or product to which the California standard applies as a result 
        of paragraph (1) shall not be subject to section 14(a) of the 
        Consumer Product Safety Act (15 U.S.C. 2063(a)).
    (c) Preemption.--
            (1) In general.--Notwithstanding section 16 of the 
        Flammable Fabrics Act (15 U.S.C. 1203) and section 231 of the 
        Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 2051 
        note), and except as provided in subparagraphs (B) and (C) of 
        paragraph (2), no State or any political subdivision of a State 
        may establish or continue in effect any provision of a 
        flammability law, regulation, code, standard, or requirement 
        that is designed to protect against the risk of occurrence of 
        fire, or to slow or prevent the spread of fire, with respect to 
        upholstered furniture.
            (2) Preservation of certain state law.--Nothing in this Act 
        or the Flammable Fabrics Act (15 U.S.C. 1191 et seq.) may be 
        construed to preempt or otherwise affect--
                    (A) any State or local law, regulation, code, 
                standard, or requirement that--
                            (i) concerns health risks associated with 
                        upholstered furniture; and
                            (ii) is not designed to protect against the 
                        risk of occurrence of fire, or to slow or 
                        prevent the spread of fire, with respect to 
                        upholstered furniture;
                    (B) sections 1374 through 1374.3 of title 4, 
                California Code of Regulations (except for subsections 
                (b) and (c) of section 1374 of that title), as in 
                effect on the date of enactment of this Act; or
                    (C) the California standard.
                                 <all>