II 

Calendar No. 798 

108TH CONGRESS 

2D SESSION S. 1798 

To provide for comprehensive fire safety standards for upholstered furniture, 

mattresses, bedclothing, and candles. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 30, 2003 

Mr. HOLLINGS (for himself, Mr. BREAUX, Ms. SNOWE, Mrs. BOXER, Mr. 

GRAHAM of South Carolina, Mr. CHAFEE, Mr. REED, Mrs. FEINSTEIN, 

and Mr. NELSON of Florida) introduced the following bill; which was read 

twice and referred to the Committee on Commerce, Science, and Transportation 

NOVEMBER 10, 2004 

Reported under authority of the order of the Senate of October 11, 2004, by 

Mr. MCCAIN, with an amendment 

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

A BILL 

To provide for comprehensive fire safety standards for 

upholstered furniture, mattresses, bedclothing, and candles. 

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 ‘‘American Home Fire 

5 Safety Act’’. 
2 

•S 1798 RS 

1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress makes the following find3 ings: 

4 (1) There were 12,800 candle fires in 1998, re5 sulting in 170 deaths, 1,200 civilian injuries, and 

6 $174,600,000 in property damage. 

7 (2) In 1998, mattress and bedding fires caused 

8 410 deaths, 2,260 civilian injuries, and 

9 $255,400,000 in property damage. 

10 (3) The United States mattress industry has a 

11 long history of working closely with safety officials 

12 to reduce mattress flammability. For the past 25 

13 years, mattresses have been subject to a Federal 

14 flammability standard that requires mattresses to 

15 resist ignition by smoldering cigarettes. 

16 (4) Nevertheless, in 1998, fires involving mat17 tresses and bedding accessories (which include pil18 lows, comforters, and bedspreads) caused 410 

19 deaths, 2,260 civilian injuries, and $255,400,000 in 

20 property damage. 

21 (5) In many such fires, the bedding accessories 

22 are the first products to ignite. Such products have 

23 a material impact on the fire’s intensity, duration, 

24 and the risk that the fire will spread beyond the 

25 room of origin. 
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•S 1798 RS 

1 (6) Upholstered furniture fires were responsible 

2 for 520 deaths in 1998, with little statistical change 

3 in the number of fires and deaths since 1994. 

4 (7) While the fire death rates for upholstered 

5 furniture fires have dropped during the period 1982 

6 through 1994 for both California and the entire Na7 tion, death rates in California, which has stricter 

8 standards, have dropped by a larger percentage than 

9 the nation as a whole. 

10 (8) Children, the elderly, and lower income fam11 ilies are at higher risk of death and injury from up12 holstered furniture fires caused primarily by the in13 creasing incidents of children playing with matches, 

14 candles, lighters, or other small open flames. 

15 (9) In view of the increased incidents of fire, it 

16 is important for Congress to establish fire safety 

17 standards for candles, mattresses, bed clothing, and 

18 upholstered furniture. 

19 (10) The Consumer Product Safety Commission 

20 is the appropriate agency to develop and enforce 

21 such standards. 

22 (11) The Environmental Protection Agency 

23 should continue to review and determine the suit24 ability of any materials used to meet any fire safety 

25 standard established as a result of this Act. 
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•S 1798 RS 

1 (b) PURPOSES.—The purposes of this Act are— 

2 (1) to protect the public against death and in3 jury from fires associated with candles, mattresses, 

4 bed clothing, and upholstered furniture; and 

5 (2) to require the Consumer Product Safety 

6 Commission to develop and issue comprehensive uni7 form safety standards to reduce the flammability of 

8 candles, mattresses, bed clothing, and upholstered 

9 furniture. 

10 SEC. 3. CONSUMER PRODUCT FIRE SAFETY STANDARDS. 

11 (a) IN GENERAL.—Within 90 days after the date of 

12 enactment of this Act, the Consumer Product Safety Com13 mission shall promulgate, as final consumer product safety 

14 standards under section 9 of the Consumer Product Safety 

15 Act (15 U.S.C. 2058), the following fire safety standards: 

16 (1) UPHOLSTERED FURNITURE.—A fire safety 

17 standard for upholstered furniture that is substan18 tially the same as the provisions of Technical Bul19 letin 117, ‘‘Requirements, Test Procedure and Appa20 ratus for testing the Flame and Smolder Resistance 

21 of Upholstered Furniture)’’ published by the State 

22 of California, Department of Consumer Affairs, Bu23 reau of Home Furnishings and Thermal Insulation, 

24 February 2002. 
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•S 1798 RS 

1 (2) MATTRESSES.—A fire safety standard for 

2 mattresses that is substantially the same as Tech3 nical Bulletin 603, ‘‘Requirements and Test Proce4 dure for Resistance of a Residential Mattress/Box 

5 Spring Set to a Large Open Flame’’, published by 

6 the State of California, Department of Consumer 

7 Affairs, Bureau of Home Furnishings and Thermal 

8 Insulation, February 2003. 

9 (3) BEDCLOTHING.—A fire safety standard for 

10 bedclothing that is substantially the same as the Oc11 tober 22, 2003, draft for task force review of Tech12 nical Bulletin 604, ‘‘Test Procedure and Apparatus 

13 for the Flame Resistance of Filled Bedclothing’’, 

14 published by the State of California, Department of 

15 Consumer Affairs, Bureau of Home Furnishings and 

16 Thermal Insulation, October, 2003. 

17 (4) CANDLES.—A fire safety standard for can18 dles that is substantially the same as Provisional 

19 Standard PS 59-02, ‘‘Provisional Specification for 

20 Fire Safety for Candles’’, ASTM International, as 

21 that provisional standard existed on the date of en22 actment of this Act. 

23 (b) APPLICATION OF CERTAIN PROMULGATION RE24 QUIREMENTS.—The requirements of subsections (a) 

25 through (f) of section 9 of the Consumer Product Safety 
6 

•S 1798 RS 

1 Act (15 U.S.C. 2058), and section 36 of that Act (15 

2 U.S.C. 2083), do not apply to the consumer product safety 

3 standards required to be promulgated by subsection (a) 

4 of this section. 

5 SECTION 1. SHORT TITLE. 

6 This Act may be cited as the ‘‘American Home Fire 

7 Safety Act’’. 

8 SEC. 2. FINDINGS. 

9 (a) FINDINGS.—Congress makes the following findings: 

10 (1) There were 12,800 candle fires in 1998, re11 sulting in 170 deaths, 1,200 civilian injuries, and 

12 $174,600,000 in property damage. 

13 (2) In 1998, mattress and bedding fires caused 

14 410 deaths, 2,260 civilian injuries, and $255,400,000 

15 in property damage. 

16 (3) The United States mattress industry has a 

17 long history of working closely with safety officials to 

18 reduce mattress flammability. For the past 25 years, 

19 mattresses have been subject to a Federal flamma20 bility standard that requires mattresses to resist igni21 tion by smoldering cigarettes. 

22 (4) Nevertheless, in 1998, fires involving mat23 tresses and bedding accessories (which include pillows, 

24 comforters, and bedspreads) caused 410 deaths, 2,260 
7 

•S 1798 RS 

1 civilian injuries, and $255,400,000 in property dam2 age. 

3 (5) In many such fires, the bedding accessories 

4 are the first products to ignite. Such products have a 

5 material impact on the fire’s intensity, duration, and 

6 the risk that the fire will spread beyond the room of 

7 origin. 

8 (6) Upholstered furniture fires were responsible 

9 for 520 deaths in 1998, with little statistical change 

10 in the number of fires and deaths since 1994. 

11 (7) While the fire death rates for upholstered fur12 niture fires have dropped during the period 1982 

13 through 1994 for both California and the entire Na14 tion, death rates in California, which has stricter 

15 standards, have dropped by a larger percentage than 

16 the Nation as a whole. 

17 (8) Children, the elderly, and lower income fami18 lies are at higher risk of death and injury from up19 holstered furniture fires caused primarily by the in20 creasing incidents of children playing with matches, 

21 candles, lighters, or other small open flames. 

22 (9) The Consumer Product Safety Commission is 

23 the appropriate agency to develop and enforce fire 

24 safety of products under its jurisdiction. 
8 

•S 1798 RS 

1 (10) The Commission has reported to the Con2 gress that it will be prepared to vote on a fire resist3 ant upholstered furniture rule in 2004. 

4 (11) The Commission has reported to the Con5 gress its intent to begin work on a rule to improve 

6 the fire resistance of mattresses in 2004. 

7 (12) The use of fire retardant chemicals is all 

8 but certain to increase with the promulgation of new, 

9 stricter standards that make products more fire resist10 ant. 

11 (13) The history of fire retardants being removed 

12 from the United States market, including asbestos, 

13 tris, and 2 types of brominated fire retardant chemi14 cals (penta and octa polybrominated diphenyl ether 

15 (PBDEs)), points to the need for caution when evalu16 ating fire retardants’ impact on human health. 

17 (14) Recent peer-reviewed scientific studies show 

18 that brominated fire-retardant chemicals are now 

19 present in the food chain, especially fish. 

20 (15) Recent European research has shown, and 

21 United States research has confirmed, the presence of 

22 brominated fire-retardant chemicals in women’s 

23 breast milk. The European research showed that the 

24 presence of these chemicals in breast milk has been 

25 doubling every 5 years. 
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•S 1798 RS 

1 (16) California has banned the use of certain 

2 brominated chemicals, and Hawaii, Massachusetts, 

3 Michigan, Maine, New York, and Washington have 

4 regulated or are considering regulating the manufac5 ture, release, use or sale of PBDEs. 

6 (17) Fire-retardant chemicals are currently regu7 lated in a way that has the potential to leave gaps 

8 in information needed to evaluate the chemicals’ im9 pact on human health. 

10 SEC. 3. EVALUATION OF FIRE RESISTANCE METHODOLO11 GIES AND SAFETY. 

12 (a) BEDCLOTHING AND PILLOWS.—Within 180 days 

13 after the date of enactment of this Act, the Consumer Prod14 uct Safety Commission shall conduct a comprehensive eval15 uation of the interaction of bedclothing with the mattress 

16 in a fire, and an evaluation of methodologies to improve 

17 the fire resistance of these products. Within 1 year after 

18 the commencement of the study the Commission shall trans19 mit a report to the Congress containing the Commission’s 

20 findings and recommendations. 

21 (b) CANDLES.— 

22 (1) IN GENERAL.—Within 270 days after the 

23 date of enactment of this Act, the Commission shall 

24 evaluate— 
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•S 1798 RS 

1 (A) the current risk candles create as igni2 tion sources in the home; 

3 (B) the effectiveness of the ASTM Inter4 national Standard Specification for Fire Safety 

5 for Candles (Designation F 2417–04); and 

6 (C) the number of domestic and imported 

7 candles in the stream of commerce that comply 

8 with the voluntary standard. 

9 (2) REPORT.—Within 18 months after the com10 mencement of the study the Commission shall trans11 mit a report to the Congress containing the Commis12 sion’s findings and recommendations. 

13 (c) UPHOLSTERED FURNITURE.—If the Commission 

14 has not promulgated a rule to improve the fire retardancy 

15 of upholstered furniture by June 1, 2005, the Commission 

16 shall transmit a report to Congress by June 30, 2005, that 

17 explains why the Commission did not issue the rule. The 

18 report shall provide a detailed description of the proposed 

19 rule, the advantages and disadvantages of the proposed rule, 

20 and a cost-benefit analysis of the proposed rule. 

21 (d) MATTRESSES.— 

22 (1) IN GENERAL.—If the Commission has not 

23 issued an advance notice of proposed rulemaking re24 garding fire safe mattresses by June 1, 2005, the 

25 Commission shall— 
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•S 1798 RS 

1 (A) initiate by June 30, 2005, a study to 

2 evaluate methodologies to improve the fire resist3 ance of mattresses; and 

4 (B) perform a comparative cost-benefit 

5 analysis on a mattress standard that would 

6 mandate 30 minutes of flashover prevention, 45 

7 minutes of flashover prevention, and 60 minutes 

8 of flashover prevention. 

9 (2) REPORT.—Within 6 months after the com10 mencement of the study the Commission shall trans11 mit a report to the Congress containing the Commis12 sion’s findings and recommendations. 

13 SEC. 4. FIRE-RETARDANT CHEMICAL REGISTRY. 

14 (a) IN GENERAL.—Not later than June 1, 2005, the 

15 Consumer Product Safety Commission shall create a reg16 istry of fire-retardant chemicals. 

17 (b) PURPOSE.—The purpose of the registry shall be to 

18 identify, quantify, and describe the market of fire-retardant 

19 chemicals sold for use in or on Commission-regulated prod20 ucts sold or used in the United States, and identify studies 

21 that manufacturers of such chemicals have published, made 

22 public, or otherwise made available to State, Federal, or 

23 foreign regulatory authorities. 

24 (c) CONTENTS.—The registry shall include— 
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•S 1798 RS 

1 (1) a list of all manufacturers producing fire-re2 tardant chemicals for sale or use in or on Commis3 sion-regulated products sold or used in the United 

4 States; 

5 (2) for each of those manufacturers, a list of all 

6 fire-retardant chemicals sold for use in or on Com7 mission-regulated products sold or used in the United 

8 States; 

9 (3) a ranking of sales by each of those manufac10 turers of the fire-retardant chemicals sold for use in 

11 or on Commission-regulated products sold or used in 

12 the United States, measured by volume of chemicals 

13 sold; and 

14 (4) a list of studies and reports those manufac15 turers have performed on the human impacts of their 

16 fire-retardant chemicals sold for use in or on Com17 mission-regulated products sold or used in the United 

18 States, that have been published, made public, or oth19 erwise made available to State, Federal, or foreign 

20 regulatory authorities. 

21 (d) REPORT.—The Consumer Product Safety Commis22 sion shall submit an annual report on the results of the 

23 registry to Congress. 
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•S 1798 RS 

1 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to the Con3 sumer Product Safety Commission for fiscal year 2005 

4 $3,000,000 to carry out this Act, such sum to remain avail5 able until expended. 
Calendar No. 798 

108TH CONGRESS 

2D SESSION S. 1798 

A BILL 

To provide for comprehensive fire safety standards 

clothing, and candles. for upholstered furniture, mattresses, bedNOVEMBER 10, 2004 

Reported with an amendment