[Congressional Record Volume 165, Number 149 (Tuesday, September 17, 2019)]
[House]
[Pages H7727-H7729]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PORTABLE FUEL CONTAINER SAFETY ACT OF 2019
Ms. SCHAKOWSKY. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 806) to require compliant flame mitigation devices to be
used on portable fuel containers for flammable liquid fuels, and for
other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 806
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 ``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
[[Page H7728]]
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''.
(b) Applicability.--The amendment made by subsection (a)
shall take effect 6 months after the date of enactment of
this section.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Illinois (Ms. Schakowsky) and the gentleman from Missouri (Mr. Long)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Illinois.
General Leave
Ms. SCHAKOWSKY. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous materials on H.R. 806.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Illinois?
There was no objection.
Ms. SCHAKOWSKY. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in strong support of H.R. 806, the Portable Fuel
Container Safety Act of 2019.
This bipartisan legislation was introduced by Representative Mike
Thompson and David Joyce, a bipartisan cosponsorship. It was advanced
out of the Energy and Commerce Committee on July 17, 2019, by voice
vote.
Portable fuel containers are used for many everyday purposes by
adults and kids alike. For example, we might see them used to transport
or store fuel for the lawnmower or the backyard fire pit, and your son
or daughter might use them in their high school chemistry class.
What many users don't realize is that these containers are highly
explosive. Each year, they send thousands of people to the emergency
room, including with third-degree burns.
The explosions that they make, known as flame jetting, occur when
flammable vapors escape from the open nozzle and are ignited.
These explosions, however, are preventable. A small piece of mesh,
known as a flame arrester, can be added to the container's spout to
eliminate the conditions that create explosions, and they cost just
pennies. There is no reason they shouldn't be standard in all portable
fuel containers.
The Portable Fuel Container Safety Act will make sure that all
portable fuel containers have flame mitigation devices, and it will
save lives.
Mr. Speaker, I am grateful to my colleagues who introduced this bill.
I also want to thank Margrett Lewis, who has witnessed firsthand the
horrors of such an explosion and who has been such a fierce advocate
for many years.
Mr. Speaker, I call on all my colleagues to support this bipartisan
measure, and I reserve the balance of my time.
Mr. LONG. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this bill directs the Consumer Product Safety Commission
to issue a consumer product safety rule to require flame mitigation
devices on portable fuel containers. Furthermore, it directs CPSC to
conduct an education campaign to alert consumers to the dangers of
using or storing portable fuel containers near ignition sources and to
report to Congress on the campaign.
In addition, it amends the Children's Gasoline Burn Prevention Act to
expand existing child-resistance requirements for closures for portable
gasoline containers to include portable kerosene and diesel fuel
containers and component parts.
Mr. Speaker, I want to thank Margrett Lewis for her tireless efforts
to help get this bill across the House floor today. She turned her
personal tragedy into passionate advocacy in an effort to prevent
others from facing a similar incident.
I thank everybody for their work on this bill.
Mr. Speaker, I congratulate Mr. Thompson and his bipartisan group of
cosponsors, and I am pleased to support addressing this important
safety issue.
Mr. Speaker, I urge my colleagues to support H.R. 806, and I reserve
the balance of my time.
{time} 1630
Ms. SCHAKOWSKY. Mr. Speaker, it is my honor to yield such time as he
may consume to the gentleman from California (Mr. Thompson), who really
brought this bill to the attention of our committee and subcommittee
and garnered the support that is needed to make sure that death,
disfigurement, and tragedy don't occur because of these products.
Mr. THOMPSON of California. Mr. Speaker, I thank the gentlewoman for
yielding the time, and for all of her effort and help in making sure
this bill passes.
Mr. Speaker, I rise in strong support of my legislation that
addresses a dangerous and deadly public safety issue by directing the
Consumer Product Safety Commission to establish a standard for
requiring flame mitigation devices to be used in portable fuel
containers and to help educate our communities about the dangers of
flame jetting.
This issue is very personal to me. I met with local fire officials
and Margrett Priest Lewis, a mother and constituent. Margrett's
daughter, along with her twin sister and a few friends, were roasting
marshmallows. Their portable fireplace used a common biofuel that,
unfortunately, did not have a flame mitigation device. As Margrett's
daughter went to refuel the outdoor fireplace, the fuel exploded from
the bottle in a process called flame jetting, which you heard about
earlier. Portable fuel containers are found in households across
America and, yet, even when used correctly, like in the case of
Margrett's family, present a risk for severe injury and, in some cases,
death.
This story of survival and Margrett's advocacy on behalf of burn
survivors
[[Page H7729]]
has inspired my legislation, and she has been the driving force behind
this bill.
Flammable or combustible liquids cause over 160,000 fires per year,
$1.5 billion in property damage, and some 4,000 injuries and over 450
deaths every year. These accidents can happen in any community, and the
results can be devastating. These accidents are caused when fuel vapors
flash back and ignite the container contents, leading to flame to flame
jetting or explosions. These accidents are easily preventable.
Flame mitigation devices can prevent accidents caused by flammable
vapors igniting within liquid containers. While workplace safety
regulations govern the use of approved flame mitigation devices in
flammable liquid containers for industrial use, there is no requirement
for consumer containers used in homes, campsites, or schools across our
country.
This bipartisan solution is supported by a broad coalition, including
the American Burn Association, the Congressional Fire Services
Institute, the International Association of Fire Fighters,
International Association of Fire Chiefs, National Volunteer Fire
Council, National Fire Protection Association, the Consumer Federation
of America, the Phoenix Society for Burn Survivors, the Portable Fuel
Container Manufacturers Association, and the National Association of
State Fire Marshals.
Mr. Speaker, I include in the Record the National Association of
State Fire Marshals' letter of support.
National Association of
State Fire Marshals,
Maitland, FL, September 16, 2019.
Hon. Mike Thompson,
House of Representatives,
Washington, DC.
Dear Congressman Thompson: The National Association of
State Fire Marshals (NASFM) membership comprises the most
senior state fire officials in the United States, with a
primary mission of protecting human life, property and the
environment from fire and related public safety issues.
Therefore, NASFM strongly endorses H.R. 806, Portable Fuel
Container Safety Act of 2019.
Flammable or combustible liquids cause over 160,000 fires
per year, causing $1.5 billion in property damage, almost
4,000 injuries and 454 deaths annually. These accidents can
happen in any community, and the results can be devastating.
Flame Mitigation Devices (FMD), such as flame arresters,
can help prevent accidents caused by flammable vapors
igniting within the liquid container, causing an explosion or
flash fire. While workplace safety regulations govern the use
of approved flame arresters in flammable liquid containers
for industrial use, there is no requirement for consumer
containers used in homes, camp sites, and schools across the
country.
H.R. 806, Portable Fuel Container Safety Act of 2019 would
address this gap by directing the Consumer Product Safety
Commission to establish a standard for requiring FMDs to be
used in these containers and reduce the risk of catastrophic
accidents.
Thank you again for your leadership, NASFM looks forward to
working with you to enact into law this important fire safety
prevention legislation.
Sincerely,
Jim Narva,
Executive Director,
National Association of State Fire Marshals.
Mr. THOMPSON of California. Mr. Speaker, I urge every Member of this
body to keep our constituents and their children safe by passing this
bipartisan, commonsense consumer safety bill.
I thank the cosponsor, Mr. Joyce of Ohio, and, again, Chairwoman
Schakowsky, for helping move this bill through her subcommittee.
Mr. Speaker, I urge everyone to vote in favor of this bill.
Mr. LONG. Mr. Speaker, in closing, I urge my colleagues to support
H.R. 806, and I yield back the balance of my time.
Ms. SCHAKOWSKY. Mr. Speaker, once again, I thank the sponsors of this
bill and Congressman Long for his participation. It means so much to
me. I thank him for his help and his friendship.
I want to say that the story of Margrett and her daughter--her
daughter has had countless surgeries as a consequence. She is one of
the people who survived, but her life has been transformed forever, and
we can prevent this with this legislation.
I want to give a special shout-out to the committee staff and the
subcommittee staff on the Democratic side, as well as on the Republican
side. I want to thank sincerely my staff in my office for all of their
help on this bill. This is another one of those that will definitely be
improving and saving the lives of so many Americans and ridding our
country of this danger.
Mr. Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise today in strong support of H.R.
806, the Portable Fuel Container Safety Act of 2019.
I want to thank Congressman Mike Thompson for introducing H.R. 806
which will help to save the lives of countless children.
H.R. 806 directs the Consumer Product Safety Commission (CPSC) to
require fuel containers to include devices that impede flames from
entering the container.
This requirement applies to flammable, liquid fuel containers of
fewer than five gallons that are intended for transport.
The bill also requires child resistant caps on kerosene and diesel
fuel containers.
CPSC may either promulgate a rule or adopt an existing standard.
Additionally, CPSC must educate consumers about dangers associated
with using or storing such containers near an open flame or a source of
ignition.
On September 21, 2013, a 10-year-old boy, Christopher Allsup, died
when an old red plastic gas container exploded showering him with
burning gasoline.
Over 90 percent of his body was burnt.
He was flown to the University of Iowa Burn Center where he lived for
only 5 hours.
In 2010, Robert Jacoby had poured gasoline from a gas can onto a
brush pile he planned to ignite, he then walked the can 20 feet from
the pile when it exploded.
He said he had not yet lit a match or any other fire but claimed a
spark from static electricity created by the friction between the
plastic can and his denim jeans was the source of ignition.
Jacoby suffered severe burns over 75 percent of his body and spent
four months in a burn unit, incurring $1.5 million in medical bills.
In August in preparation for Hurricane Dorian a resident of Fort
Myers, Florida had filled several gasoline canisters and stored them
next to a natural gas-powered water heater.
A hot shower triggered the water heater causing it to work harder
with the vapors of the gasoline ultimately starting a fire in the
garage.
Luckily, water coming from the pipe sprayed everywhere, containing
the fire to the garage.
Gasoline from gas cans is responsible for deaths and injuries both
from ignition and the volatile vapors as well as from direct aspiration
into the lung or aspiration following vomiting of ingested gasoline.
For children, the most serious types of injuries associated with
exposure to gasoline are burns following ignition of the volatile
vapors, chemical pneumonia, pulmonary damage, and possible death
associated with direct aspiration into the lungs or aspiration during
vomiting following ingestion.
The filling of portable fuel containers or ``gas cans'' in pickup
trucks and cars can result in serious fires as a result from the
buildup of static electricity from the bed liner or carpet.
Under certain limited conditions--including a very low volume of
gasoline left inside--a flashback explosion can occur inside a plastic
gas can, when gas vapor escaping the can contacts a source of ignition
such as a flame or spark.
Since 1998 the CPSC has tallied at least 1,200 emergency room visits
and 11 deaths due to gas can explosions.
That is why I urge all Members to join me in voting for H.R. 806.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Illinois (Ms. Schakowsky) that the House suspend the
rules and pass the bill, H.R. 806, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________