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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Portable Fuel Con-
tainer Safety Act of 2019’’. 
SEC. 2. PERFORMANCE STANDARDS TO PROTECT AGAINST 
PORTABLE FUEL CONTAINER EXPLOSIONS 
NEAR OPEN FLAMES OR OTHER IGNITION 
SOURCES. 
(a) RULE ON SAFETY PERFORMANCE STANDARDS 
REQUIRED.—Not later than 30 months after the date of 
enactment of this section, the Consumer Product Safety 
Commission (referred to in this Act as the ‘‘Commission’’) 
shall promulgate a final rule to require flame mitigation 
devices in portable fuel containers that impede the propa-
gation of flame into the container, except as provided in 
subsection (c). 
(b) RULEMAKING; CONSUMER PRODUCT SAFETY 
STANDARD.—A rule under subsection (a)— 
(1) shall be promulgated in accordance with 
section 553 of title 5, United States Code; and 
(2) shall be treated as a consumer product safe-
ty rule promulgated under section 9 of the Con-
sumer Product Safety Act (15 U.S.C. 2058). 
(c) EXCEPTION.— 
(1) VOLUNTARY
STANDARD.—Subsection (a) 
shall not apply for a class of portable fuel containers 
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in the scope of this Act if the Commission deter-
mines at any time that— 
(A) there is a voluntary standard for flame 
mitigation devices for those containers that im-
pedes the propagation of flame into the con-
tainer; 
(B) the voluntary standard described in 
subparagraph (A) is or will be in effect not 
later than 18 months after the date of enact-
ment of this Act; and 
(C) the voluntary standard described in 
subparagraph (A) is developed by ASTM Inter-
national or such other standard development or-
ganization that the Commission determines to 
have met the intent of this Act. 
(2) DETERMINATION
REQUIRED
TO
BE
PUB-
LISHED IN THE FEDERAL REGISTER.—Any deter-
mination made by the Commission under this sub-
section shall be published in the Federal Register. 
(d) TREATMENT
OF VOLUNTARY STANDARD
FOR 
PURPOSE OF ENFORCEMENT.—If the Commission deter-
mines that a voluntary standard meets the conditions de-
scribed in subsection (c), the requirements of such vol-
untary standard shall be treated as a consumer product 
safety rule promulgated under section 9 of the Consumer 
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Product Safety Act (15 U.S.C. 2058) beginning on the 
date which is the later of— 
(1) 180 days after publication of the Commis-
sion’s determination under subsection (c); or 
(2) the effective date contained in the voluntary 
standard. 
(e) REVISION OF VOLUNTARY STANDARD.— 
(1) NOTICE TO COMMISSION.—If the require-
ments of a voluntary standard that meet the condi-
tions of subsection (c) are subsequently revised, the 
organization that revised the standard shall notify 
the Commission after the final approval of the revi-
sion. 
(2) EFFECTIVE DATE OF REVISION.—Not later 
than 180 days after the Commission is notified of a 
revised voluntary standard described in paragraph 
(1) (or such later date as the Commission deter-
mines appropriate), such revised voluntary standard 
shall become enforceable as a consumer product 
safety rule promulgated under section 9 of the Con-
sumer Product Safety Act (15 U.S.C. 2058), in 
place of the prior version, unless within 90 days 
after receiving the notice the Commission determines 
that the revised voluntary standard does not meet 
the requirements described in subsection (c). 
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(f) FUTURE RULEMAKING.—The Commission, at any 
time after publication of the consumer product safety rule 
required by subsection (a), a voluntary standard is treated 
as a consumer product safety rule under subsection (d), 
or a revision is enforceable as a consumer product safety 
rule under subsection (e) may initiate a rulemaking in ac-
cordance with section 553 of title 5, United States Code, 
to modify the requirements or to include any additional 
provision that the Commission determines is reasonably 
necessary to protect the public against flame jetting from 
a portable fuel container. Any rule promulgated under this 
subsection shall be treated as a consumer product safety 
rule promulgated under section 9 of the Consumer Prod-
uct Safety Act (15 U.S.C. 2058). 
(g) ACTION REQUIRED.— 
(1) EDUCATION CAMPAIGN.—Not later than 1 
year after the date of enactment of this Act, the 
Commission shall undertake a campaign to educate 
consumers about the dangers associated with using 
or storing portable fuel containers for flammable liq-
uids near an open flame or any other source of igni-
tion. 
(2) SUMMARY OF ACTIONS.—Not later than 2 
years after the date of enactment of this Act, the 
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Commission shall submit to Congress a summary of 
actions taken by the Commission in such campaign. 
(h) PORTABLE FUEL CONTAINER DEFINED.—In this 
section, the term ‘‘portable fuel container’’ means any con-
tainer or vessel (including any spout, cap, and other clo-
sure mechanism or component of such container or vessel 
or any retrofit or aftermarket spout or component in-
tended or reasonably anticipated to be for use with such 
container)— 
(1) intended for flammable liquid fuels with a 
flash point less than 140 degrees Fahrenheit, includ-
ing gasoline, kerosene, diesel, ethanol, methanol, de-
natured alcohol, or biofuels; 
(2) that is a consumer product with a capacity 
of 5 gallons or less; and 
(3) that the manufacturer knows or reasonably 
should know is used by consumers for transporting, 
storing, and dispensing flammable liquid fuels. 
(i) RULE OF CONSTRUCTION.—This section may not 
be interpreted to conflict with the Children’s Gasoline 
Burn Prevention Act (Public Law 110–278; 122 Stat. 
2602). 
SEC. 3. CHILDREN’S GASOLINE BURN PREVENTION ACT. 
(a) AMENDMENT.—Section 2(c) of the Children’s 
Gasoline Burn Prevention Act (15 U.S.C. 2056 note; Pub-
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lic Law 110–278) is amended by inserting after ‘‘for use 
by consumers’’ the following: ‘‘and any receptacle for gaso-
line, kerosene, or diesel fuel, including any spout, cap, and 
other closure mechanism and component of such recep-
tacle or any retrofit or aftermarket spout or component 
intended or reasonably anticipated to be for use with such 
receptacle, produced or distributed for sale to or use by 
consumers for transport of, or refueling of internal com-
bustion engines with, gasoline, kerosene, or diesel fuel’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall take effect 6 months after the date of 
enactment of this section. 
Passed the House of Representatives September 17, 
2019. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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