IIB 

116TH CONGRESS 

1ST SESSION H. R. 806 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 18, 2019 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

AN ACT 

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, 


kjohnson on DSK79L0C42 with BILLS
2 

HR 806 RFS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Portable Fuel Con3 tainer Safety Act of 2019’’. 

4 SEC. 2. PERFORMANCE STANDARDS TO PROTECT AGAINST 

5 PORTABLE FUEL CONTAINER EXPLOSIONS 

6 NEAR OPEN FLAMES OR OTHER IGNITION 

7 SOURCES. 

8 (a) RULE ON SAFETY PERFORMANCE STANDARDS

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

10 enactment of this section, the Consumer Product Safety 

11 Commission (referred to in this Act as the ‘‘Commission’’) 

12 shall promulgate a final rule to require flame mitigation 

13 devices in portable fuel containers that impede the propa14 gation of flame into the container, except as provided in 

15 subsection (c). 

16 (b) RULEMAKING; CONSUMER PRODUCT SAFETY

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

18 (1) shall be promulgated in accordance with 

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

20 (2) shall be treated as a consumer product safe21 ty rule promulgated under section 9 of the Con22 sumer Product Safety Act (15 U.S.C. 2058). 

23 (c) EXCEPTION.— 

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

25 shall not apply for a class of portable fuel containers 


kjohnson on DSK79L0C42 with BILLS
3 

HR 806 RFS

1 in the scope of this Act if the Commission deter2 mines at any time that— 

3 (A) there is a voluntary standard for flame 

4 mitigation devices for those containers that im5 pedes the propagation of flame into the con6 tainer; 

7 (B) the voluntary standard described in 

8 subparagraph (A) is or will be in effect not 

9 later than 18 months after the date of enact10 ment of this Act; and 

11 (C) the voluntary standard described in 

12 subparagraph (A) is developed by ASTM Inter13 national or such other standard development or14 ganization that the Commission determines to 

15 have met the intent of this Act. 

16 (2) DETERMINATION REQUIRED TO BE PUB17 LISHED IN THE FEDERAL REGISTER.—Any deter18 mination made by the Commission under this sub19 section shall be published in the Federal Register. 

20 (d) TREATMENT OF VOLUNTARY STANDARD FOR

21 PURPOSE OF ENFORCEMENT.—If the Commission deter22 mines that a voluntary standard meets the conditions de23 scribed in subsection (c), the requirements of such vol24 untary standard shall be treated as a consumer product 

25 safety rule promulgated under section 9 of the Consumer 


kjohnson on DSK79L0C42 with BILLS
4 

HR 806 RFS

1 Product Safety Act (15 U.S.C. 2058) beginning on the 

2 date which is the later of— 

3 (1) 180 days after publication of the Commis4 sion’s determination under subsection (c); or 

5 (2) the effective date contained in the voluntary 

6 standard. 

7 (e) REVISION OF VOLUNTARY STANDARD.— 

8 (1) NOTICE TO COMMISSION.—If the require9 ments of a voluntary standard that meet the condi10 tions of subsection (c) are subsequently revised, the 

11 organization that revised the standard shall notify 

12 the Commission after the final approval of the revi13 sion. 

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

15 than 180 days after the Commission is notified of a 

16 revised voluntary standard described in paragraph 

17 (1) (or such later date as the Commission deter18 mines appropriate), such revised voluntary standard 

19 shall become enforceable as a consumer product 

20 safety rule promulgated under section 9 of the Con21 sumer Product Safety Act (15 U.S.C. 2058), in 

22 place of the prior version, unless within 90 days 

23 after receiving the notice the Commission determines 

24 that the revised voluntary standard does not meet 

25 the requirements described in subsection (c). 


kjohnson on DSK79L0C42 with BILLS
5 

HR 806 RFS

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

2 time after publication of the consumer product safety rule 

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

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

5 or a revision is enforceable as a consumer product safety 

6 rule under subsection (e) may initiate a rulemaking in ac7 cordance with section 553 of title 5, United States Code, 

8 to modify the requirements or to include any additional 

9 provision that the Commission determines is reasonably 

10 necessary to protect the public against flame jetting from 

11 a portable fuel container. Any rule promulgated under this 

12 subsection shall be treated as a consumer product safety 

13 rule promulgated under section 9 of the Consumer Prod14 uct Safety Act (15 U.S.C. 2058). 

15 (g) ACTION REQUIRED.— 

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

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

18 Commission shall undertake a campaign to educate 

19 consumers about the dangers associated with using 

20 or storing portable fuel containers for flammable liq21 uids near an open flame or any other source of igni22 tion. 

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

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


kjohnson on DSK79L0C42 with BILLS
6 

HR 806 RFS

1 Commission shall submit to Congress a summary of 

2 actions taken by the Commission in such campaign. 

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

4 section, the term ‘‘portable fuel container’’ means any con5 tainer or vessel (including any spout, cap, and other clo6 sure mechanism or component of such container or vessel 

7 or any retrofit or aftermarket spout or component in8 tended or reasonably anticipated to be for use with such 

9 container)— 

10 (1) intended for flammable liquid fuels with a 

11 flash point less than 140 degrees Fahrenheit, includ12 ing gasoline, kerosene, diesel, ethanol, methanol, de13 natured alcohol, or biofuels; 

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

15 of 5 gallons or less; and 

16 (3) that the manufacturer knows or reasonably 

17 should know is used by consumers for transporting, 

18 storing, and dispensing flammable liquid fuels. 

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

20 be interpreted to conflict with the Children’s Gasoline 

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

22 2602). 

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

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

25 Gasoline Burn Prevention Act (15 U.S.C. 2056 note; PubVerDate Sep 11 2014 02:10 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H806.RFS H806

kjohnson on DSK79L0C42 with BILLS
7 

HR 806 RFS

1 lic Law 110–278) is amended by inserting after ‘‘for use 

2 by consumers’’ the following: ‘‘and any receptacle for gaso3 line, kerosene, or diesel fuel, including any spout, cap, and 

4 other closure mechanism and component of such recep5 tacle or any retrofit or aftermarket spout or component 

6 intended or reasonably anticipated to be for use with such 

7 receptacle, produced or distributed for sale to or use by 

8 consumers for transport of, or refueling of internal com9 bustion engines with, gasoline, kerosene, or diesel fuel’’. 

10 (b) APPLICABILITY.—The amendment made by sub11 section (a) shall take effect 6 months after the date of 

12 enactment of this section. 

Passed the House of Representatives September 17, 

2019. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


kjohnson on DSK79L0C42 with BILLS