I 

116TH CONGRESS 

1ST SESSION H. R. 806 

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 

A BILL 

To require compliant flame mitigation devices to be used 

on portable fuel containers for flammable liquid fuels, 

and for other purposes. 

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 Con5 tainer Safety Act of 2019’’. 


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1 SEC. 2. PERFORMANCE STANDARDS TO PROTECT AGAINST 

2 PORTABLE FUEL CONTAINER EXPLOSIONS 

3 NEAR OPEN FLAMES OR OTHER IGNITION 

4 SOURCES. 

5 (a) RULE ON SAFETY PERFORMANCE STANDARDS

6 REQUIRED.—Not later than 30 months after the date of 

7 enactment of this section, the Consumer Product Safety 

8 Commission shall promulgate a final rule for flame mitiga9 tion devices in portable fuel containers that impedes the 

10 propagation of flame into the container, except as provided 

11 in subsection (c). 

12 (b) RULEMAKING; CONSUMER PRODUCT SAFETY

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

14 (1) shall be promulgated in accordance with 

15 section 553 of title 5, United States Code; and 

16 (2) shall be treated as a consumer product safe17 ty rule promulgated under section 9 of the Con18 sumer Product Safety Act (15 U.S.C. 2058). 

19 (c) EXCEPTION.— 

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

21 shall not apply if the Commission determines that— 

22 (A) there is a voluntary standard for flame 

23 mitigation devices in portable fuel containers 

24 that impedes the propagation of flame into the 

25 container; 


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1 (B) the voluntary standard is or will be in 

2 effect not later than 18 months after the date 

3 of enactment of this Act; and 

4 (C) the voluntary standard is developed by 

5 Subcommittee F15 of ASTM International or 

6 such other standard development organization 

7 that the Commission determines to have met 

8 the intent of this Act. 

9 (2) DETERMINATION REQUIRED TO BE PUB10 LISHED IN THE FEDERAL REGISTER.—Any deter11 mination made by the Commission under this sub12 section shall be published in the Federal Register. 

13 (d) TREATMENT OF VOLUNTARY STANDARD FOR

14 PURPOSE OF ENFORCEMENT.—If the Commission deter15 mines that a voluntary standard meets the conditions de16 scribed in subsection (c), the requirements of such vol17 untary standard shall be treated as a consumer product 

18 safety rule promulgated under section 9 of the Consumer 

19 Product Safety Act beginning on the date which is the 

20 later of— 

21 (1) 180 days after publication of the Commis22 sion’s determination under subsection (c); or 

23 (2) the effective date contained in the voluntary 

24 standard. 

25 (e) REVISION OF VOLUNTARY STANDARD.— 


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1 (1) NOTICE TO COMMISSION.—If the require2 ments of a voluntary standard that meet the condi3 tions of subsection (c) are subsequently revised, the 

4 organization that revised the standard shall notify 

5 the Commission not later than 60 days after the 

6 final approval of the revision. 

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

8 than 180 days after the Commission is notified of a 

9 revised voluntary standard described in paragraph 

10 (1) (or such later date as the Commission deter11 mines appropriate), such revised voluntary standard 

12 shall become enforceable as a consumer product 

13 safety rule promulgated under section 9 of the Con14 sumer Product Safety Act, in place of the prior 

15 version, unless within 90 days after receiving the no16 tice the Commission determines that the revised vol17 untary standard does not meet the requirements de18 scribed in subsection (c). 

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

20 time after publication of the consumer product safety rule 

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

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

23 or a revision is enforceable as a consumer product safety 

24 rule under subsection (e) may initiate a rulemaking in ac25 cordance with section 553 of title 5, United States Code, 


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1 to modify the requirements or to include any additional 

2 provision that the Commission determines is reasonably 

3 necessary to protect public health or safety. Any rule pro4 mulgated under this subsection shall be treated as a con5 sumer product safety rule promulgated under section 9 of 

6 the Consumer Product Safety Act. 

7 (g) ACTION REQUIRED.— 

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

9 year after the date of enactment of this Act, the 

10 Commission shall undertake a campaign to educate 

11 consumers about the dangers associated with using 

12 or storing portable fuel containers for flammable liq13 uids near an open flame or any other source of igni14 tion. 

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

16 years after the date of enactment of this Act, the 

17 Commission shall submit to Congress a summary of 

18 actions taken by the Commission in such campaign. 

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

20 section, the term ‘‘portable fuel container’’ means any con21 tainer or vessel (including any spout, retrofit spout, cap, 

22 and other closure mechanism or component of such con23 tainer or vessel)— 

24 (1) intended for flammable liquid fuels, includ25 ing gasoline, kerosene, diesel, ethanol, methanol, deVerDate Sep 11 2014 04:10 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H806.IH H806

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1 natured alcohol, biofuels, or liquids with a flash 

2 point less than 140 degrees Fahrenheit; 

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

4 of 5 gallons or less; and 

5 (3) that the manufacturer knows or reasonably 

6 should know is used by consumers for receiving, 

7 transporting, storing, and dispensing flammable liq8 uid fuels. 

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

10 be interpreted to conflict with the Children’s Gasoline 

11 Burn Prevention Act (Public Law 110–278; 122 Stat. 

12 2602). 

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

14 (a) AMENDMENT.—Section 2(c) of the Children’s 

15 Gasoline Burn Prevention Act (15 U.S.C. 2056 note; Pub16 lic Law 110–278) is amended by inserting after ‘‘for use 

17 by consumers’’ the following: ‘‘and any receptacle for gaso18 line, kerosene, or diesel fuel, including any spout, retrofit 

19 spout, cap, and other closure mechanism and component 

20 of such receptacle, produced or distributed for sale to or 

21 use by consumers for transport of, or refueling of internal 

22 combustion engines with, gasoline, kerosene, or diesel 

23 fuel’’. 


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1 (b) APPLICABILITY.—The amendment made by sub2 section (a) shall take effect 6 months after the date of 

3 enactment of this section. 

Æ 


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