IB 
Union Calendar No. 164 
116TH CONGRESS 
1ST SESSION 
H. R. 806 
[Report No. 116–207] 
To require compliant flame mitigation devices to be used on portable fuel 
containers for flammable liquid fuels, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 28, 2019 
Mr. THOMPSON of California (for himself, Ms. CLARKE of New York, Ms. 
DEGETTE, Ms. DELAURO, Mr. DUNN, Ms. ESHOO, Mr. FITZPATRICK, 
Mr. GALLEGO, Mr. GARAMENDI, Mr. JOYCE of Ohio, Mr. LIPINSKI, Mr. 
LYNCH, Mr. MARSHALL, Mr. MAST, Ms. MATSUI, Ms. PINGREE, Mr. 
PRICE of North Carolina, Mr. RYAN, Ms. SPEIER, Mr. SUOZZI, Mr. 
SWALWELL of California, and Ms. MUCARSEL-POWELL) introduced the 
following bill; which was referred to the Committee on Energy and Com-
merce 
SEPTEMBER 13, 2019 
Additional sponsors: Mr. BURGESS, Ms. LOFGREN, Mr. MCGOVERN, Mr. RUP-
PERSBERGER, Mr. HIMES, Mr. RUSH, Mr. CONNOLLY, Ms. NORTON, Mr. 
LAWSON of Florida, Mr. LANGEVIN, Mr. LOEBSACK, Mr. SAN NICOLAS, 
Mrs. DAVIS of California, Ms. MCCOLLUM, Mrs. MURPHY, Mr. KEN-
NEDY, Mr. HUNTER, Mr. LATTA, Mr. BUTTERFIELD, Mrs. DINGELL, Mr. 
SOTO, Mr. CASE, Mr. RASKIN, Ms. BLUNT ROCHESTER, Ms. SCHA-
KOWSKY, Mr. ENGEL, Mr. TONKO, Mr. MITCHELL, Mr. MCNERNEY, Mr. 
CA´RDENAS, and Mr. WALDEN 
SEPTEMBER 13, 2019 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on January 28, 2019] 
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A BILL 
To require compliant flame mitigation devices to be used 
on portable fuel containers for flammable liquid fuels, 
and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Portable Fuel Container 
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 RE-
QUIRED.—Not later than 30 months after the date of enact-
ment of this section, the Consumer Product Safety Commis-
sion (referred to in this Act as the ‘‘Commission’’) shall pro-
mulgate a final rule to require flame mitigation devices in 
portable fuel containers that impede the propagation 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 sec-
tion 553 of title 5, United States Code; and 
(2) shall be treated as a consumer product safety 
rule promulgated under section 9 of the Consumer 
Product Safety Act (15 U.S.C. 2058). 
(c) EXCEPTION.— 
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(1) VOLUNTARY STANDARD.—Subsection (a) shall 
not apply if the Commission determines that— 
(A) there is a voluntary standard for flame 
mitigation devices in portable fuel containers 
that impedes the propagation of flame into the 
container, or a combination of more than one 
voluntary standard which taken together serve 
such purpose for the full scope of this Act; 
(B) the voluntary standard or combination 
of voluntary standards described in subpara-
graph (A) is or will be in effect not later than 
18 months after the date of enactment of this 
Act; and 
(C) the voluntary standard or combination 
of voluntary standards described in subpara-
graph (A) is developed by ASTM International 
or such other standard development organization 
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 PUR-
POSE OF ENFORCEMENT.—If the Commission determines 
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that a voluntary standard meets the conditions described 
in subsection (c), the requirements of such voluntary stand-
ard shall be treated as a consumer product safety rule pro-
mulgated under section 9 of the Consumer 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 or-
ganization that revised the standard shall notify the 
Commission after the final approval of the revision. 
(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 determines 
appropriate), such revised voluntary standard shall 
become enforceable as a consumer product safety rule 
promulgated under section 9 of the Consumer Product 
Safety Act (15 U.S.C. 2058), in place of the prior 
version, unless within 90 days after receiving the no-
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tice the Commission determines that the revised vol-
untary standard does not meet the requirements de-
scribed in subsection (c). 
(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 accord-
ance with section 553 of title 5, United States Code, to mod-
ify 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 Product 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 Com-
mission shall undertake a campaign to educate con-
sumers about the dangers associated with using or 
storing portable fuel containers for flammable liquids 
near an open flame or any other source of ignition. 
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(2) SUMMARY OF ACTIONS.—Not later than 2 
years after the date of enactment of this Act, the Com-
mission shall submit to Congress a summary of ac-
tions 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 closure 
mechanism or component of such container or vessel or any 
retrofit or aftermarket spout or component intended or rea-
sonably 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, dena-
tured 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 receiving, 
transporting, storing, and dispensing flammable liq-
uid 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). 
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SEC. 3. CHILDREN’S GASOLINE BURN PREVENTION ACT. 
(a) AMENDMENT.—Section 2(c) of the Children’s Gaso-
line Burn Prevention Act (15 U.S.C. 2056 note; Public Law 
110–278) is amended by inserting after ‘‘for use by con-
sumers’’ the following: ‘‘and any receptacle for gasoline, ker-
osene, or diesel fuel, including any spout, cap, and other 
closure mechanism and component of such receptacle or any 
retrofit or aftermarket spout or component intended or rea-
sonably anticipated to be for use with such receptacle, pro-
duced or distributed for sale to or use by consumers for 
transport of, or refueling of internal combustion 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 enact-
ment of this section. 
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