II 

116TH CONGRESS 

1ST SESSION H. R. 2647 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 17, 2019 

Received 

AN ACT 

To adopt a certain California flammability standard as a 

Federal flammability standard to protect against the risk 

of upholstered furniture flammability, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Safer Occupancy Fur3 niture Flammability Act’’ or the ‘‘SOFFA Act’’. 

4 SEC. 2. ADOPTION OF CALIFORNIA FLAMMABILITY STAND5 ARD AS A FEDERAL STANDARD. 

6 (a) DEFINITIONS.—In this section— 

7 (1) the term ‘‘bedding product’’ means— 

8 (A) an item that is used for sleeping or 

9 sleep-related purposes; or 

10 (B) any component or accessory with re11 spect to an item described in subparagraph (A), 

12 without regard to whether the component or ac13 cessory, as applicable, is used— 

14 (i) alone; or 

15 (ii) along with, or contained within, 

16 that item; 

17 (2) the term ‘‘California standard’’ means the 

18 standard set forth by the Bureau of Electronic and 

19 Appliance Repair, Home Furnishings and Thermal 

20 Insulation of the Department of Consumer Affairs of 

21 the State of California in Technical Bulletin 117– 

22 2013, entitled ‘‘Requirements, Test Procedure and 

23 Apparatus for Testing the Smolder Resistance of 

24 Materials Used in Upholstered Furniture’’, originally 

25 published June 2013, as in effect on the date of en26 actment of this Act; 


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1 (3) the terms ‘‘foundation’’ and ‘‘mattress’’ 

2 have the meanings given those terms in section 

3 1633.2 of title 16, Code of Federal Regulations, as 

4 in effect on the date of enactment of this Act; and 

5 (4) the term ‘‘upholstered furniture’’— 

6 (A) means an article of seating furniture 

7 that— 

8 (i) is intended for indoor use; 

9 (ii) is movable or stationary; 

10 (iii) is constructed with an uphol11 stered seat, back, or arm; 

12 (iv) is— 

13 (I) made or sold with a cushion 

14 or pillow, without regard to whether 

15 that cushion or pillow, as applicable, 

16 is attached or detached with respect 

17 to the article of furniture; or 

18 (II) stuffed or filled, or able to be 

19 stuffed or filled, in whole or in part, 

20 with any material, including a sub21 stance or material that is hidden or 

22 concealed by fabric or another cov23 ering, including a cushion or pillow 

24 belonging to, or forming a part of, the 

25 article of furniture; and 


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1 (v) together with the structural units 

2 of the article of furniture, any filling mate3 rial, and the container and covering with 

4 respect to those structural units and that 

5 filling material, can be used as a support 

6 for the body of an individual, or the limbs 

7 and feet of an individual, when the indi8 vidual sits in an upright or reclining posi9 tion; 

10 (B) includes an article of furniture that is 

11 intended for use by a child; and 

12 (C) does not include— 

13 (i) a mattress; 

14 (ii) a foundation; 

15 (iii) any bedding product; or 

16 (iv) furniture that is used exclusively 

17 for the purpose of physical fitness and ex18 ercise. 

19 (b) ADOPTION OF STANDARD.— 

20 (1) IN GENERAL.—Beginning on the date that 

21 is 180 days after the date of enactment of this Act, 

22 and except as provided in paragraph (2), the Cali23 fornia standard shall be considered to be a flamma24 bility standard promulgated by the Consumer ProdVerDate Sep 11 2014 21:17 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2647.RDS H2647

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1 uct Safety Commission under section 4 of the Flam2 mable Fabrics Act (15 U.S.C. 1193). 

3 (2) TESTING AND CERTIFICATION.—A fabric, 

4 related material, or product to which the California 

5 standard applies as a result of paragraph (1) shall 

6 not be subject to section 14(a) of the Consumer 

7 Product Safety Act (15 U.S.C. 2063(a)) with re8 spect to that standard. 

9 (3) CERTIFICATION LABEL.—Each manufac10 turer of a product that is subject to the California 

11 standard as a result of paragraph (1) shall include 

12 the statement ‘‘Complies with United States CPSC 

13 requirements for upholstered furniture flammability’’ 

14 on a permanent label located on the product, which 

15 shall be considered to be a certification that the 

16 product complies with that standard. 

17 (c) PREEMPTION.— 

18 (1) IN GENERAL.—Notwithstanding section 16 

19 of the Flammable Fabrics Act (15 U.S.C. 1203) and 

20 section 231 of the Consumer Product Safety Im21 provement Act of 2008 (15 U.S.C. 2051 note), and 

22 except as provided in subparagraphs (B) and (C) of 

23 paragraph (2), no State or any political subdivision 

24 of a State may establish or continue in effect any 

25 provision of a flammability law, regulation, code, 


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1 standard, or requirement that is designed to protect 

2 against the risk of occurrence of fire, or to slow or 

3 prevent the spread of fire, with respect to uphol4 stered furniture. 

5 (2) PRESERVATION OF CERTAIN STATE LAW.— 

6 Nothing in this Act or the Flammable Fabrics Act 

7 (15 U.S.C. 1191 et seq.) may be construed to pre8 empt or otherwise affect— 

9 (A) any State or local law, regulation, 

10 code, standard, or requirement that— 

11 (i) concerns health risks associated 

12 with upholstered furniture; and 

13 (ii) is not designed to protect against 

14 the risk of occurrence of fire, or to slow or 

15 prevent the spread of fire, with respect to 

16 upholstered furniture; 

17 (B) sections 1374 through 1374.3 of title 

18 4, California Code of Regulations (except for 

19 subsections (b) and (c) of section 1374 of that 

20 title), as in effect on the date of enactment of 

21 this Act; or 


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1 (C) the California standard. 

Passed the House of Representatives December 16, 

2019. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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