[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1640 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 482
116th CONGRESS
  2d Session
                                S. 1640

                          [Report No. 116-235]

 To require compliant flame mitigation devices to be used on portable 
  fuel containers for flammable liquid fuels, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 23 (legislative day, May 22), 2019

  Ms. Klobuchar (for herself and Mr. Moran) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                             June 23, 2020

               Reported by Mr. Wicker, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To require compliant flame mitigation devices to be used on portable 
  fuel containers for flammable liquid fuels, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Portable Fuel Container 
Safety Act of 2019''.</DELETED>

<DELETED>SEC. 2. PERFORMANCE STANDARDS TO PROTECT AGAINST PORTABLE FUEL 
              CONTAINER EXPLOSIONS NEAR OPEN FLAMES OR OTHER IGNITION 
              SOURCES.</DELETED>

<DELETED>    (a) Rule on Safety Performance Standards Required.--Not 
later than 30 months after the date of enactment of this section, the 
Consumer Product Safety Commission (referred to in this Act as the 
``Commission'') shall promulgate a final rule to require flame 
mitigation devices in portable fuel containers that impede the 
propagation of flame into the container, except as provided in 
subsection (c).</DELETED>
<DELETED>    (b) Rulemaking; Consumer Product Safety Standard.--A rule 
under subsection (a)--</DELETED>
        <DELETED>    (1) shall be promulgated in accordance with 
        section 553 of title 5, United States Code; and</DELETED>
        <DELETED>    (2) shall be treated as a consumer product safety 
        rule promulgated under section 9 of the Consumer Product Safety 
        Act (15 U.S.C. 2058).</DELETED>
<DELETED>    (c) Exception.--</DELETED>
        <DELETED>    (1) Voluntary standard.--Subsection (a) shall not 
        apply if the Commission determines that--</DELETED>
                <DELETED>    (A) there is a voluntary standard for 
                flame mitigation devices in portable fuel containers 
                that impedes the propagation of flame into the 
                container, or a combination of more than one voluntary 
                standard which taken together serve such purpose for 
                the full scope of this Act;</DELETED>
                <DELETED>    (B) the voluntary standard or combination 
                of voluntary standards described in subparagraph (A) is 
                or will be in effect not later than 18 months after the 
                date of enactment of this Act; and</DELETED>
                <DELETED>    (C) the voluntary standard or combination 
                of voluntary standards described in subparagraph (A) is 
                developed by ASTM International or such other standard 
                development organization that the Commission determines 
                to have met the intent of this Act.</DELETED>
        <DELETED>    (2) Determination required to be published in the 
        federal register.--Any determination made by the Commission 
        under this subsection shall be published in the Federal 
        Register.</DELETED>
<DELETED>    (d) Treatment of Voluntary Standard for Purpose of 
Enforcement.--If the Commission determines that a voluntary standard 
meets the conditions described in subsection (c), the requirements of 
such voluntary standard shall be treated as a consumer product safety 
rule promulgated under section 9 of the Consumer Product Safety Act (15 
U.S.C. 2058) beginning on the date which is the later of--</DELETED>
        <DELETED>    (1) 180 days after publication of the Commission's 
        determination under subsection (c); or</DELETED>
        <DELETED>    (2) the effective date contained in the voluntary 
        standard.</DELETED>
<DELETED>    (e) Revision of Voluntary Standard.--</DELETED>
        <DELETED>    (1) Notice to commission.--If the requirements of 
        a voluntary standard that meet the conditions of subsection (c) 
        are subsequently revised, the organization that revised the 
        standard shall notify the Commission after the final approval 
        of the revision.</DELETED>
        <DELETED>    (2) Effective date of revision.--Not later than 
        180 days after the Commission is notified of a revised 
        voluntary standard described in paragraph (1) (or such later 
        date as the Commission determines appropriate), such revised 
        voluntary standard shall become enforceable as a consumer 
        product safety rule promulgated under section 9 of the Consumer 
        Product Safety Act (15 U.S.C. 2058), in place of the prior 
        version, unless within 90 days after receiving the notice the 
        Commission determines that the revised voluntary standard does 
        not meet the requirements described in subsection 
        (c).</DELETED>
<DELETED>    (f) Future Rulemaking.--The Commission, at any time after 
publication of the consumer product safety rule required by subsection 
(a), a voluntary standard is treated as a consumer product safety rule 
under subsection (d), or a revision is enforceable as a consumer 
product safety rule under subsection (e) may initiate a rulemaking in 
accordance with section 553 of title 5, United States Code, to modify 
the requirements or to include any additional provision that the 
Commission determines is reasonably necessary to protect public health 
or safety. Any rule promulgated under this subsection shall be treated 
as a consumer product safety rule promulgated under section 9 of the 
Consumer Product Safety Act (15 U.S.C. 2058).</DELETED>
<DELETED>    (g) Action Required.--</DELETED>
        <DELETED>    (1) Education campaign.--Not later than 1 year 
        after the date of enactment of this Act, the Commission shall 
        undertake a campaign to educate consumers about the dangers 
        associated with using or storing portable fuel containers for 
        flammable liquids near an open flame or any other source of 
        ignition.</DELETED>
        <DELETED>    (2) Summary of actions.--Not later than 2 years 
        after the date of enactment of this Act, the Commission shall 
        submit to Congress a summary of actions taken by the Commission 
        in such campaign.</DELETED>
<DELETED>    (h) Portable Fuel Container Defined.--In this section, the 
term ``portable fuel container'' means any container or vessel 
(including any spout, cap, and other closure mechanism or component of 
such container or vessel or any retrofit or aftermarket spout or 
component intended or reasonably anticipated to be for use with such 
container)--</DELETED>
        <DELETED>    (1) intended for flammable liquid fuels with a 
        flash point less than 140 degrees Fahrenheit, including 
        gasoline, kerosene, diesel, ethanol, methanol, denatured 
        alcohol, or biofuels;</DELETED>
        <DELETED>    (2) that is a consumer product with a capacity of 
        5 gallons or less; and</DELETED>
        <DELETED>    (3) that the manufacturer knows or reasonably 
        should know is used by consumers for receiving, transporting, 
        storing, and dispensing flammable liquid fuels.</DELETED>
<DELETED>    (i) Rule of Construction.--This section may not be 
interpreted to conflict with the Children's Gasoline Burn Prevention 
Act (Public Law 110-278; 122 Stat. 2602).</DELETED>

<DELETED>SEC. 3. CHILDREN'S GASOLINE BURN PREVENTION ACT.</DELETED>

<DELETED>    (a) Amendment.--Section 2(c) of the Children's Gasoline 
Burn Prevention Act (15 U.S.C. 2056 note; Public Law 110-278) is 
amended by inserting after ``for use by consumers'' the following: 
``and any receptacle for gasoline, kerosene, or diesel fuel, including 
any spout, cap, and other closure mechanism and component of such 
receptacle or any retrofit or aftermarket spout or component intended 
or reasonably anticipated to be for use with such receptacle, produced 
or distributed for sale to or use by consumers for transport of, or 
refueling of internal combustion engines with, gasoline, kerosene, or 
diesel fuel''.</DELETED>
<DELETED>    (b) Applicability.--The amendment made by subsection (a) 
shall take effect 6 months after the date of enactment of this 
section.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Portable Fuel Container Safety Act 
of 2019''.

SEC. 2. PERFORMANCE STANDARDS TO PROTECT AGAINST PORTABLE FUEL 
              CONTAINER EXPLOSIONS NEAR OPEN FLAMES OR OTHER IGNITION 
              SOURCES.

    (a) Rule on Safety Performance Standards Required.--Not later than 
30 months after the date of enactment of this section, the Consumer 
Product Safety Commission (referred to in this Act as the 
``Commission'') shall promulgate a final rule to require flame 
mitigation devices in portable fuel containers that impede the 
propagation of flame into the container, except as provided in 
subsection (c).
    (b) Rulemaking; Consumer Product Safety Standard.--A rule under 
subsection (a)--
            (1) shall be promulgated in accordance with section 553 of 
        title 5, United States Code; and
            (2) shall be treated as a consumer product safety rule 
        promulgated under section 9 of the Consumer Product Safety Act 
        (15 U.S.C. 2058).
    (c) Exception.--
            (1) Voluntary standard.--Subsection (a) shall not apply for 
        a class of portable fuel containers in the scope of this Act if 
        the Commission determines at any time that--
                    (A) there is a voluntary standard for flame 
                mitigation devices for those containers that impedes 
                the propagation of flame into the container;
                    (B) the voluntary standard described in 
                subparagraph (A) is or will be in effect not later than 
                18 months after the date of enactment of this Act; and
                    (C) the voluntary standard described in 
                subparagraph (A) is developed by ASTM International or 
                such other standard development organization that the 
                Commission determines to have met the intent of this 
                Act.
            (2) Determination required to be published in the federal 
        register.--Any determination made by the Commission under this 
        subsection shall be published in the Federal Register.
    (d) Treatment of Voluntary Standard for Purpose of Enforcement.--If 
the Commission determines that a voluntary standard meets the 
conditions described in subsection (c), the requirements of such 
voluntary standard shall be treated as a consumer product safety rule 
promulgated under section 9 of the Consumer Product Safety Act (15 
U.S.C. 2058) beginning on the date which is the later of--
            (1) 180 days after publication of the Commission's 
        determination under subsection (c); or
            (2) the effective date contained in the voluntary standard.
    (e) Revision of Voluntary Standard.--
            (1) Notice to commission.--If the requirements of a 
        voluntary standard that meet the conditions of subsection (c) 
        are subsequently revised, the organization that revised the 
        standard shall notify the Commission after the final approval 
        of the revision.
            (2) Effective date of revision.--Not later than 180 days 
        after the Commission is notified of a revised voluntary 
        standard described in paragraph (1) (or such later date as the 
        Commission determines appropriate), such revised voluntary 
        standard shall become enforceable as a consumer product safety 
        rule promulgated under section 9 of the Consumer Product Safety 
        Act (15 U.S.C. 2058), in place of the prior version, unless 
        within 90 days after receiving the notice the Commission 
        determines that the revised voluntary standard does not meet 
        the requirements described in subsection (c).
    (f) Future Rulemaking.--The Commission, at any time after 
publication of the consumer product safety rule required by subsection 
(a), a voluntary standard is treated as a consumer product safety rule 
under subsection (d), or a revision is enforceable as a consumer 
product safety rule under subsection (e), may initiate a rulemaking in 
accordance with section 553 of title 5, United States Code, to modify 
the requirements or to include any additional provision that the 
Commission determines is reasonably necessary to protect the public 
against flame jetting from a portable fuel container. Any rule 
promulgated under this subsection shall be treated as a consumer 
product safety rule promulgated under section 9 of the Consumer Product 
Safety Act (15 U.S.C. 2058).
    (g) Action Required.--
            (1) Education campaign.--Not later than 1 year after the 
        date of enactment of this Act, the Commission shall undertake a 
        campaign to educate consumers about the dangers associated with 
        using or storing portable fuel containers for flammable liquids 
        near an open flame or any other source of ignition.
            (2) Summary of actions.--Not later than 2 years after the 
        date of enactment of this Act, the Commission shall submit to 
        Congress a summary of actions taken by the Commission in such 
        campaign.
    (h) Portable Fuel Container Defined.--In this section, the term 
``portable fuel container'' means any container or vessel (including 
any spout, cap, and other closure mechanism or component of such 
container or vessel or any retrofit or aftermarket spout or component 
intended or reasonably anticipated to be for use with such container)--
            (1) intended for flammable liquid fuels with a flash point 
        less than 140 degrees Fahrenheit, including gasoline, kerosene, 
        diesel, ethanol, methanol, denatured alcohol, or biofuels;
            (2) that is a consumer product with a capacity of 5 gallons 
        or less; and
            (3) that the manufacturer knows or reasonably should know 
        is used by consumers for transporting, storing, and dispensing 
        flammable liquid fuels.
    (i) Rule of Construction.--This section may not be interpreted to 
conflict with the Children's Gasoline Burn Prevention Act (Public Law 
110-278; 122 Stat. 2602).

SEC. 3. CHILDREN'S GASOLINE BURN PREVENTION ACT.

    (a) Amendment.--Section 2(c) of the Children's Gasoline Burn 
Prevention Act (15 U.S.C. 2056 note; Public Law 110-278) is amended by 
inserting after ``for use by consumers'' the following: ``and any 
receptacle for gasoline, kerosene, or diesel fuel, including any spout, 
cap, and other closure mechanism and component of such receptacle or 
any retrofit or aftermarket spout or component intended or reasonably 
anticipated to be for use with such receptacle, produced or distributed 
for sale to or use by consumers for transport of, or refueling of 
internal combustion engines with, gasoline, kerosene, or diesel fuel''.
                                                       Calendar No. 482

116th CONGRESS

  2d Session

                                S. 1640

                          [Report No. 116-235]

_______________________________________________________________________

                                 A BILL

 To require compliant flame mitigation devices to be used on portable 
  fuel containers for flammable liquid fuels, and for other purposes.

_______________________________________________________________________

                             June 23, 2020

                       Reported with an amendment