[House Report 116-207]
[From the U.S. Government Publishing Office]


116th Congress }                                            { Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                            { 116-207

======================================================================

 
               PORTABLE FUEL CONTAINER SAFETY ACT OF 2019

                                _______
                                

 September 13, 2019.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Pallone, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 806]

    The Committee on Energy and Commerce, to whom was referred 
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, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
  I.  Purpose and Summary.............................................3
 II.  Background and Need for the Legislation.........................3
III.  Committee Hearings..............................................4
 IV.  Committee Consideration.........................................5
  V.  Committee Votes.................................................5
 VI.  Oversight Findings..............................................5
VII.  New Budget Authority, Entitlement Authority, and Tax Expenditure6
VIII. Federal Mandates Statement......................................6

 IX.  Statement of General Performance Goals and Objectives...........6
  X.  Duplication of Federal Programs.................................6
 XI.  Committee Cost Estimate.........................................6
XII.  Earmarks, Limited Tax Benefits, and Limited Tariff Benefits.....6
XIII. Advisory Committee Statement....................................6

XIV.  Applicability to Legislative Branch.............................7
 XV.  Section-by-Section Analysis of the Legislation..................7
XVI.  Changes in Existing Law Made by the Bill, as Reported...........8

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 if 
        the Commission determines that--
                  (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;
                  (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
                  (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.
          (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 receiving, 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.

                         I. Purpose and Summary

    H.R. 806, the ``Portable Fuel Container Safety Act of 
2019'', was introduced in the House on January 28, 2019, by 
Reps. Mike Thompson (D-CA) and David P. Joyce (R-OH) and 
referred to the Committee on Energy and Commerce. H.R. 806 
directs the Consumer Product Safety Commission (CPSC) to issue 
a mandatory standard that requires flame mitigation devices in 
portable fuel containers to prevent death or injuries from 
flame-jetting. It further directs the CPSC to conduct an 
education campaign to alert consumers to the dangers of using 
or storing portable fuel containers near ignition sources. The 
legislation also 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.

                II. Background and Need for Legislation

    Portable fuel containers can explode when fuel vapor 
mixtures inside the container ignite with explosive force.\1\ 
This kind of explosion can occur inside a portable fuel 
container when the gas vapor escaping the container contacts a 
source of ignition, such as a flame or a spark.\2\ If the flame 
from the ignited vapor propagates back into the container 
through the spout and the gas and air vapor mixture inside the 
can is at a certain flammable concentration, that mixture 
inside can also ignite and cause an explosion.\3\ An 
investigation conducted by NBC News in 2013 found that a very 
low volume of gasoline inside the fuel container, low 
temperatures, ``aged'' gasoline that has been in storage, and 
holding the container at an angle increase the likelihood of an 
explosion.
---------------------------------------------------------------------------
    \1\NBC News, Warning: Scientists Say Gas Cans Carry Risk of 
Explosion (Dec. 4, 2013) (www.cnbc.com/2013/12/04/warning-scientists-
say-gas-cans-carry-risk-of-explosion.html).
    \2\Id.
    \3\Id.
---------------------------------------------------------------------------
    According to the National Fire Protection Association, 
municipal fire departments in the United States respond to an 
average of 160,910 fires per year involving the ignition of a 
flammable or combustible liquid.\4\ These fires cause 
approximately 454 civilian deaths, nearly 3,910 civilian 
injuries, and an estimated $1.5 billion in direct property 
damage annually.\5\ The CPSC has counted at least 11 deaths and 
1,200 emergency room visits specifically involving gas can 
explosions during the pouring of gasoline between 1998 and 
2013.\6\
---------------------------------------------------------------------------
    \4\National Fire Protection Association, Fires Starting with 
Flammable or Combustible Liquids Fact Sheet (Feb. 2014) (www.nfpa.org/-
/media/Files/News-and-Research/Fire-statistics-and-reports/Fact-sheets/
FiresStartingGasFactSheet.pdf).
    \5\Id.
    \6\See note 1.
---------------------------------------------------------------------------
    Flame mitigation devices allow fuel to pass through but 
prevent flames from entering the container, preventing 
flashback explosions. Flame mitigation devices designed for 
portable fuel containers are usually small pieces of mesh or 
disks with holes designed to prevent flame from passing through 
by absorbing and dispersing heat.\7\ Flame arrestors are 
commonly required by various commercial and industrial 
equipment subject to regulations by the Occupational Safety and 
Health Administration.\8\ In 2013, the CPSC called on the 
portable fuel container industry to add flame arresters to its 
products. In February 2019, a new voluntary consensus standard 
on portable fuel containers was adopted that requires the 
addition of a flame mitigation device, ASTM F3326-19a.\9\
---------------------------------------------------------------------------
    \7\NBC News, Consumer panel calls for flame arresters on gas cans 
after NBC report (Dec. 5, 2013) (www.nbcnews.com/news/world/consumer-
panel-calls-flame-arresters-gas-cans-after-nbc-report-flna2D11701318).
    \8\29 C.F.R. Sec.  1926.152 (2010); 29 C.F.R. Sec.  1910.106 
(2013).
    \9\ASTM International, New ASTM International Standard Will Help 
Make Portable Fuel Containers Safer (Feb. 21, 2019) 
(www.prnewswire.com/news-releases/new-astm-international-standard-will-
help-make-portable-fuel-containers-safer-300800033.html).
---------------------------------------------------------------------------
    H.R. 806 is needed to make sure there is a mandatory 
standard for portable fuel containers that requires effective 
flame mitigation devices.

                        III. Committee Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress, the following hearings were used to develop or 
consider H.R. 806:
    The Subcommittee on Consumer Protection and Commerce held 
an oversight hearing on June 9, 2019. The hearing was entitled, 
``Protecting Americans from Dangerous Products: Is the Consumer 
Product Safety Commission Fulfilling Its Mission?'' The 
Subcommittee received testimony from members of the CPSC and 
other consumer organizations:
           The Honorable Ann Marie Buerkle, Acting 
        Chairman, Consumer Product Safety Commission;
           The Honorable Elliot F. Kaye, Commissioner, 
        Consumer Product Safety Commission;
           The Honorable Robert S. Adler, Commissioner, 
        Consumer Product Safety Commission;
           The Honorable Dana Baiocco, Commissioner, 
        Consumer Product Safety Commission;
           The Honorable Peter A. Feldman, 
        Commissioner, Consumer Product Safety Commission;
           Rachel Weintraub, Legislative Director and 
        General Counsel, Consumer Federation of America;
           Nancy Cowles, Executive Director, Kids in 
        Danger; and
           Remington A. Gregg, Counsel for Civil 
        Justice and Consumer Rights, Public Citizen.
    The Subcommittee on Consumer Protection and Commerce held a 
legislative hearing on June 13, 2019, on H.R. 806, the 
``Portable Fuel Container Safety Act of 2019'' and six other 
bills. The hearing was entitled, ``Keeping Kids and Consumers 
Safe from Dangerous Products.'' The Subcommittee received 
testimony from:
           Will Wallace, Manager, Home & Products 
        Policy, Consumer Reports;
           Crystal Ellis, Founding Member, Parents 
        Against Tip-Overs;
           Chris Parsons, President, Minnesota 
        Professional Fire Fighters; and
           Charles A. Samuels, Member, Mintz.

                      IV. Committee Consideration

    H.R. 806, the ``Portable Fuel Container Safety Act of 
2019'', was introduced in the House on January 28, 2019, by 
Reps. Thompson (D-CA) and Joyce (R-OH) and referred to the 
Committee on Energy and Commerce. The bill was subsequently 
referred to the Subcommittee on Consumer Protection and 
Commerce on January 29, 2019. Following hearings, the 
Subcommittee met in open markup session to consider the bill 
H.R. 806 on July 10, 2019. An amendment in the nature of a 
substitute offered by Mr. Latta (R-OH), # 1, was agreed to by a 
voice vote. Subsequently, the Subcommittee agreed to a motion 
by Ms. Schakowsky, Chairwoman of the Subcommittee, to forward 
favorably to the full Committee on Energy and Commerce, 
amended, by a voice vote.
    On July 17, 2019, the full Committee on Energy and Commerce 
met in open markup session, pursuant to notice, to consider the 
bill H.R. 806, as amended by the Subcommittee on Consumer 
Protection and Commerce on July 10, 2019 (Committee Print of 
H.R. 806). No amendments were offered during consideration. 
Whereupon, the full Committee agreed to a motion by Mr. 
Pallone, Chairman of the Committee, to order H.R. 806 reported 
favorably to the House, as amended, by a voice vote, a quorum 
being present.

                           V. Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
Committee advises that there were no record votes taken on 
ordering H.R. 806 reported or any amendments to the bill.

                         VI. Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

 VII. New Budget Authority, Entitlement Authority, and Tax Expenditures

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures.

                    VIII. Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to prevent 
require the Consumer Product Safety Commission to prevent 
explosions in portable fuel containers and improve child-
resistance controls on kerosene and diesel fuel containers.

                   X. Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 806 is known to be duplicative of another Federal program, 
including any program that was included in a report to Congress 
pursuant to section 21 of Public Law 111-139 or the most recent 
Catalog of Federal Domestic Assistance.

                      XI. Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

    XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 806 contains no earmarks, limited tax 
benefits, or limited tariff benefits.

                   XIII. Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                XIV. Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section 1 designates that the short title 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

    Subsection (a) of this section directs the CPSC, not later 
than 30 months after the date of enactment of this section, to 
promulgate a final rule to require flame mitigation devices in 
portable fuel containers that impede the propagation of flame 
into the container.
    Subsection (b) specifies that the CPSC shall promulgate 
this rule in accordance with the Administrative Procedure Act. 
This subsection also specifies that the promulgated rule will 
be treated as a consumer product safety rule promulgated under 
section 9 of the Consumer Product Safety Act. Accordingly, it 
shall be unlawful for any person to sell, offer for sale, 
manufacture for sale, distribute in commerce, or import into 
the United States portable fuel containers that are not in 
conformity with the promulgated standard. Any violations shall 
be subject to civil or criminal penalties.
    Subsection (c) of this section creates an exception to 
subsection (a) if the CPSC determines that (A) there is a 
voluntary standard for flame mitigation devices in portable 
fuel containers that impedes the propagation of flame into the 
container, or there exists a combination of more than one 
voluntary standards that together serve the purpose of impeding 
the propagation of flame into portable fuel containers; (B) the 
voluntary standard or combination of voluntary standards is or 
will be in effect not later than 18 months after the date of 
enactment of this Act; and (C) the voluntary standard or 
combination of voluntary standards is developed by ASTM 
International or such other standard development organization 
that the Commission determines to have met the intent of this 
Act. This subsection requires the CPSC to publish its 
determination in the Federal Register.
    Subsection (d) of this section further specifies that if 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, beginning on the 
latter of 180 days after publication of the Commission's 
determination in the Federal Register or the effective date 
contained in the voluntary standard.
    Subsection (e) of this section outlines the procedure for 
handling revisions of a voluntary standard that meets the 
conditions in subsection (c). This subsection requires the 
organization that revised the standard to notify the CPSC after 
the final approval of the revision. Not later than 180 days 
after the Commission is notified of a revised voluntary 
standard, the revised voluntary standard shall become 
enforceable as a product safety rule promulgated under section 
9 of the Consumer Product Safety Act, in place of the prior 
version, unless within 90 days after receiving the notice the 
CPSC determines that the revised voluntary standard does not 
meet the requirements described in subsection (c).
    Subsection (f) of this section clarifies that the CPSC may, 
at any time, initiate a rulemaking in accordance with the 
Administrative Procedure Act to modify the requirements of the 
consumer product safety rule or include any additional 
provisions that the Commission determines is reasonably 
necessary to protect the public against explosions from a 
portable fuel container.
    Subsection (g) of this section requires the CPSC to launch 
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 not 
later than one year after the date of enactment. This 
subsection further specifies that the CPSC shall submit to 
Congress a report on this education campaign within two years 
of enactment.
    Finally, subsection (h) of this section defines the term 
``portable fuel container'' as any container intended for 
flammable liquid fuels, as well as component parts such as caps 
and spouts.

Sec. 3. Children's Gasoline Burn Prevention Act

    This section amends the Children's Gasoline Burn Prevention 
Act, six months after the date of enactment, to expand existing 
child-resistance requirements for closures for portable 
gasoline containers to include portable kerosene and diesel 
fuel containers and component parts.

       XVI. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                CHILDREN'S GASOLINE BURN PREVENTION ACT




           *       *       *       *       *       *       *
SEC. 2. CHILD-RESISTANT PORTABLE GASOLINE CONTAINERS.

  (a) Consumer Product Safety Rule.--The provision of 
subsection (b) shall be considered to be a consumer product 
safety rule issued by the Consumer Product Safety Commission 
under section 9 of the Consumer Product Safety Act (15 U.S.C. 
2058).
  (b) Requirements.--Effective 6 months after the date of 
enactment of this Act, each portable gasoline container 
manufactured on or after that date for sale in the United 
States shall conform to the child-resistance requirements for 
closures on portable gasoline containers specified in the 
standard ASTM F2517-05, issued by ASTM International.
  (c) Definition.--As used in this Act, the term ``portable 
gasoline container'' means any portable gasoline container 
intended for use by consumers 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.
  (d) Revision of Rule.--If, after the enactment of this Act, 
ASTM International proposes to revise the child resistance 
requirements of ASTM F2517-05, ASTM International shall notify 
the Consumer Product Safety Commission of the proposed revision 
and the proposed revision shall be incorporated in the consumer 
product safety rule under subsection (a) unless, within 60 days 
of such notice, the Commission notifies ASTM International that 
the Commission has determined that such revision does not carry 
out the purposes of subsection (b).
  (e) Implementing Regulations.--Section 553 of title 5, United 
States Code, shall apply with respect to the issuance of any 
regulations by the Consumer Product Safety Commission to 
implement the requirements of this section, and sections 7 and 
9 of the Consumer Product Safety Act shall not apply to such 
issuance.
  (f) Report.--Not later than 2 years after the date of 
enactment of this Act, the Consumer Product Safety Commission 
shall transmit to the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on--
          (1) the degree of industry compliance with the 
        standard promulgated under subsection (a);
          (2) any enforcement actions brought by the Commission 
        to enforce such standard; and
          (3) incidents involving children interacting with 
        portable gasoline containers (including both those that 
        are and are not in compliance with the standard 
        promulgated under subsection (a)).

           *       *       *       *       *       *       *