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Union Calendar No. 164 

116TH CONGRESS 

1ST SESSION H. R. 806 

[Report No. 116–207] 

To require compliant flame mitigation devices to be used on portable fuel 

containers for flammable liquid fuels, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 28, 2019 

Mr. THOMPSON of California (for himself, Ms. CLARKE of New York, Ms. 

DEGETTE, Ms. DELAURO, Mr. DUNN, Ms. ESHOO, Mr. FITZPATRICK, 

Mr. GALLEGO, Mr. GARAMENDI, Mr. JOYCE of Ohio, Mr. LIPINSKI, Mr. 

LYNCH, Mr. MARSHALL, Mr. MAST, Ms. MATSUI, Ms. PINGREE, Mr. 

PRICE of North Carolina, Mr. RYAN, Ms. SPEIER, Mr. SUOZZI, Mr. 

SWALWELL of California, and Ms. MUCARSEL-POWELL) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

SEPTEMBER 13, 2019 

Additional sponsors: Mr. BURGESS, Ms. LOFGREN, Mr. MCGOVERN, Mr. RUPPERSBERGER, Mr. HIMES, Mr. RUSH, Mr. CONNOLLY, Ms. NORTON, Mr. 

LAWSON of Florida, Mr. LANGEVIN, Mr. LOEBSACK, Mr. SAN NICOLAS, 

Mrs. DAVIS of California, Ms. MCCOLLUM, Mrs. MURPHY, Mr. KENNEDY, Mr. HUNTER, Mr. LATTA, Mr. BUTTERFIELD, Mrs. DINGELL, Mr. 

SOTO, Mr. CASE, Mr. RASKIN, Ms. BLUNT ROCHESTER, Ms. SCHAKOWSKY, Mr. ENGEL, Mr. TONKO, Mr. MITCHELL, Mr. MCNERNEY, Mr. 

CA ́RDENAS, and Mr. WALDEN

SEPTEMBER 13, 2019 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on January 28, 2019] 


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A BILL 

To require compliant flame mitigation devices to be used 

on portable fuel containers for flammable liquid fuels, 

and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Portable Fuel Container 

5 Safety Act of 2019’’. 

6 SEC. 2. PERFORMANCE STANDARDS TO PROTECT AGAINST 

7 PORTABLE FUEL CONTAINER EXPLOSIONS 

8 NEAR OPEN FLAMES OR OTHER IGNITION 

9 SOURCES. 

10 (a) RULE ON SAFETY PERFORMANCE STANDARDS RE11 QUIRED.—Not later than 30 months after the date of enact12 ment of this section, the Consumer Product Safety Commis13 sion (referred to in this Act as the ‘‘Commission’’) shall pro14 mulgate a final rule to require flame mitigation devices in 

15 portable fuel containers that impede the propagation of 

16 flame into the container, except as provided in subsection 

17 (c). 

18 (b) RULEMAKING; CONSUMER PRODUCT SAFETY

19 STANDARD.—A rule under subsection (a)— 

20 (1) shall be promulgated in accordance with sec21 tion 553 of title 5, United States Code; and 

22 (2) shall be treated as a consumer product safety 

23 rule promulgated under section 9 of the Consumer 

24 Product Safety Act (15 U.S.C. 2058). 

25 (c) EXCEPTION.— 


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1 (1) VOLUNTARY STANDARD.—Subsection (a) shall 

2 not apply if the Commission determines that— 

3 (A) there is a voluntary standard for flame 

4 mitigation devices in portable fuel containers 

5 that impedes the propagation of flame into the 

6 container, or a combination of more than one 

7 voluntary standard which taken together serve 

8 such purpose for the full scope of this Act; 

9 (B) the voluntary standard or combination 

10 of voluntary standards described in subpara11 graph (A) is or will be in effect not later than 

12 18 months after the date of enactment of this 

13 Act; and 

14 (C) the voluntary standard or combination 

15 of voluntary standards described in subpara16 graph (A) is developed by ASTM International 

17 or such other standard development organization 

18 that the Commission determines to have met the 

19 intent of this Act. 

20 (2) DETERMINATION REQUIRED TO BE PUB21 LISHED IN THE FEDERAL REGISTER.—Any deter22 mination made by the Commission under this sub23 section shall be published in the Federal Register. 

24 (d) TREATMENT OF VOLUNTARY STANDARD FOR PUR25 POSE OF ENFORCEMENT.—If the Commission determines 


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1 that a voluntary standard meets the conditions described 

2 in subsection (c), the requirements of such voluntary stand3 ard shall be treated as a consumer product safety rule pro4 mulgated under section 9 of the Consumer Product Safety 

5 Act (15 U.S.C. 2058) beginning on the date which is the 

6 later of— 

7 (1) 180 days after publication of the Commis8 sion’s determination under subsection (c); or 

9 (2) the effective date contained in the voluntary 

10 standard. 

11 (e) REVISION OF VOLUNTARY STANDARD.— 

12 (1) NOTICE TO COMMISSION.—If the require13 ments of a voluntary standard that meet the condi14 tions of subsection (c) are subsequently revised, the or15 ganization that revised the standard shall notify the 

16 Commission after the final approval of the revision. 

17 (2) EFFECTIVE DATE OF REVISION.—Not later 

18 than 180 days after the Commission is notified of a 

19 revised voluntary standard described in paragraph 

20 (1) (or such later date as the Commission determines 

21 appropriate), such revised voluntary standard shall 

22 become enforceable as a consumer product safety rule 

23 promulgated under section 9 of the Consumer Product 

24 Safety Act (15 U.S.C. 2058), in place of the prior 

25 version, unless within 90 days after receiving the noVerDate Sep 11 2014 21:16 Sep 13, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H806.RH H806

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1 tice the Commission determines that the revised vol2 untary standard does not meet the requirements de3 scribed in subsection (c). 

4 (f) FUTURE RULEMAKING.—The Commission, at any 

5 time after publication of the consumer product safety rule 

6 required by subsection (a), a voluntary standard is treated 

7 as a consumer product safety rule under subsection (d), or 

8 a revision is enforceable as a consumer product safety rule 

9 under subsection (e) may initiate a rulemaking in accord10 ance with section 553 of title 5, United States Code, to mod11 ify the requirements or to include any additional provision 

12 that the Commission determines is reasonably necessary to 

13 protect the public against flame jetting from a portable fuel 

14 container. Any rule promulgated under this subsection shall 

15 be treated as a consumer product safety rule promulgated 

16 under section 9 of the Consumer Product Safety Act (15 

17 U.S.C. 2058). 

18 (g) ACTION REQUIRED.— 

19 (1) EDUCATION CAMPAIGN.—Not later than 1 

20 year after the date of enactment of this Act, the Com21 mission shall undertake a campaign to educate con22 sumers about the dangers associated with using or 

23 storing portable fuel containers for flammable liquids 

24 near an open flame or any other source of ignition. 


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1 (2) SUMMARY OF ACTIONS.—Not later than 2 

2 years after the date of enactment of this Act, the Com3 mission shall submit to Congress a summary of ac4 tions taken by the Commission in such campaign. 

5 (h) PORTABLE FUEL CONTAINER DEFINED.—In this 

6 section, the term ‘‘portable fuel container’’ means any con7 tainer or vessel (including any spout, cap, and other closure 

8 mechanism or component of such container or vessel or any 

9 retrofit or aftermarket spout or component intended or rea10 sonably anticipated to be for use with such container)— 

11 (1) intended for flammable liquid fuels with a 

12 flash point less than 140 degrees Fahrenheit, includ13 ing gasoline, kerosene, diesel, ethanol, methanol, dena14 tured alcohol, or biofuels; 

15 (2) that is a consumer product with a capacity 

16 of 5 gallons or less; and 

17 (3) that the manufacturer knows or reasonably 

18 should know is used by consumers for receiving, 

19 transporting, storing, and dispensing flammable liq20 uid fuels. 

21 (i) RULE OF CONSTRUCTION.—This section may not 

22 be interpreted to conflict with the Children’s Gasoline Burn 

23 Prevention Act (Public Law 110–278; 122 Stat. 2602). 


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1 SEC. 3. CHILDREN’S GASOLINE BURN PREVENTION ACT. 

2 (a) AMENDMENT.—Section 2(c) of the Children’s Gaso3 line Burn Prevention Act (15 U.S.C. 2056 note; Public Law 

4 110–278) is amended by inserting after ‘‘for use by con5 sumers’’ the following: ‘‘and any receptacle for gasoline, ker6 osene, or diesel fuel, including any spout, cap, and other 

7 closure mechanism and component of such receptacle or any 

8 retrofit or aftermarket spout or component intended or rea9 sonably anticipated to be for use with such receptacle, pro10 duced or distributed for sale to or use by consumers for 

11 transport of, or refueling of internal combustion engines 

12 with, gasoline, kerosene, or diesel fuel’’. 

13 (b) APPLICABILITY.—The amendment made by sub14 section (a) shall take effect 6 months after the date of enact15 ment of this section. 


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Union Calendar No. 164 

116TH CONGRESS 

1ST SESSION H. R. 806 

[Report No. 116–207] 

A BILL 

To require compliant flame mitigation devices to be 

liquid fuels, and for other purposes. used on portable fuel containers for flammable 

SEPTEMBER 13, 2019 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


kjohnson on DSK79L0C42 with BILLS