(1) IN GENERAL.—The rule under subsection
(a), and any modification thereof, shall be prescribed
in accordance with the provisions of section 553 of
title 5, United States Code.
(2) MODIFICATIONS.—
(A) MODIFICATION BY SPONSOR.—If the
sponsor of the testing methodology under sub-
section (a)(2) modifies the testing methodology
in any material respect, the sponsor shall notify
the Commission of the modification, and the
Commission may incorporate the modification
in the rule prescribed under subsection (a) if
the Commission determines that the modifica-
tion will enhance a fire safety standard estab-
lished under subsection (a)(2).
(B) MODIFICATION BY COMMISSION.—The
Commission may modify the rule prescribed
under subsection (a), including the test require-
ments specified in subsection (a)(2), in whole or
in part, if the Commission determines that com-
pliance with such modification is technically
feasible and will enhance a fire safety standard
established under that subsection. Any such
modification shall not take effect earlier than 3
years after the date on which the rule is first
issued.
(3) INAPPLICABILITY OF CERTAIN LAWS.—No
Federal law, or any Executive order, other than the
rulemaking and review provisions of title 5, United
States Code, that are commonly referred to as the
Administrative Procedures Act, may be construed to
apply to the promulgation of the rule required by
subsection (a), or the modification of the rule under
paragraph (2), including the following:
(A) The Consumer Product Safety Act (15
U.S.C. 2051 et seq.).
(B) Chapter 6 of title 5, United States
Code.
(C) The National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
(D) The Small Business Regulatory En-
forcement Fairness Act of 1996 (Public Law
104–121), and the amendments made by that
Act.
(d) EFFECTIVE DATE.—The Commission shall speci-
fy in the rule prescribed under subsection (a) the effective
date of the rule. The effective date may not be later than
30 months after the date of the enactment of this Act.
(e) TREATMENT OF STANDARD.—
(1) IN
GENERAL.—The fire safety standard
promulgated under subsection (a) shall be treated as
a consumer product safety standard promulgated
under the Consumer Product Safety Act (15 U.S.C.
2051 et seq.).
(2) TREATMENT OF CIGARETTES.—A cigarette
shall be treated as a consumer product under section
3(a)(1)(B) of the Consumer Product Safety Act (15
U.S.C. 2052(a)(1)(B)) for purposes of implementing
and enforcing compliance with this Act and the
standard promulgated under this Act, including for
purposes of sections 17 and 18 of the Consumer
Product Safety Act (15 U.S.C. 2066, 2067).
SEC. 4. PREEMPTION.
(a) IN GENERAL.—This Act, and any cigarette fire
safety standard established under section 3, may not be
construed to preempt or otherwise affect in any way any
law or regulation of a State or political subdivision thereof
which prescribes a fire safety standard for cigarettes
which is more stringent than a fire safety standard estab-
lished under section 3.
(b) PRIVATE REMEDIES.—The provisions of section
25 of the Consumer Product Safety Act (15 U.S.C. 2074)
shall apply with respect to the fire safety standard promul-
gated under subsection (a).
SEC. 5. SCOPE OF JURISDICTION OF CONSUMER PRODUCT
SAFETY COMMISSION.
Except as otherwise provided in this Act, the Com-
mission shall have no jurisdiction over tobacco or tobacco
products.
SEC. 6. DEFINITIONS.
In this Act:
(1) COMMISSION.—The term ‘‘Commission’’
means the Consumer Product Safety Commission.
(2) CIGARETTE.—The term ‘‘cigarette’’ has the
meaning given that term in section 3(1) of the Fed-
eral Cigarette Labeling and Advertising Act (15
U.S.C. 1332(1)).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is
hereby authorized to be appropriated to the Consumer
Product Safety Commission for fiscal year 2002,
$2,000,000 for purposes of carrying out this Act.
(b) AVAILABILITY.—Amounts authorized to be appro-
priated by subsection (a) shall remain available until ex-
pended.
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