I 
116TH CONGRESS 
1ST SESSION 
H. R. 806 
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 
A BILL 
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, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Portable Fuel Con-
tainer Safety Act of 2019’’. 
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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 shall promulgate a final rule for flame mitiga-
tion devices in portable fuel containers that impedes 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 
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 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; 
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(B) the voluntary standard is or will be in 
effect not later than 18 months after the date 
of enactment of this Act; and 
(C) the voluntary standard is developed by 
Subcommittee F15 of 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 
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 
Product Safety Act 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.— 
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(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 not later than 60 days 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 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, in place of the prior 
version, unless within 90 days after receiving the no-
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 ac-
cordance with section 553 of title 5, United States Code, 
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to modify the requirements or to include any additional 
provision that the Commission determines is reasonably 
necessary to protect public health or safety. Any rule pro-
mulgated under this subsection shall be treated as a con-
sumer product safety rule promulgated under section 9 of 
the Consumer Product Safety Act. 
(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 
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, retrofit spout, cap, 
and other closure mechanism or component of such con-
tainer or vessel)— 
(1) intended for flammable liquid fuels, includ-
ing gasoline, kerosene, diesel, ethanol, methanol, de-
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