with any material, including a sub-
stance or material that is hidden or 
concealed by fabric or another cov-
ering, including a cushion or pillow 
belonging to, or forming a part of, the 
article of furniture; and 
(v) together with the structural units 
of the article of furniture, any filling mate-
rial, and the container and covering with 
respect to those structural units and that 
filling material, can be used as a support 
for the body of an individual, or the limbs 
and feet of an individual, when the indi-
vidual sits in an upright or reclining posi-
tion; 
(B) includes an article of furniture that is 
intended for use by a child; and 
(C) does not include— 
(i) a mattress; 
(ii) a foundation; 
(iii) any bedding product; or 
(iv) furniture that is used exclusively 
for the purpose of physical fitness and ex-
ercise. 
(b) ADOPTION OF STANDARD.— 
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(1) IN GENERAL.—Beginning on the date that 
is 180 days after the date of enactment of this Act, 
and except as provided in paragraph (2), the Cali-
fornia standard shall be considered to be a flamma-
bility standard promulgated by the Consumer Prod-
uct Safety Commission under section 4 of the Flam-
mable Fabrics Act (15 U.S.C. 1193). 
(2) TESTING
AND
CERTIFICATION.—A fabric, 
related material, or product to which the California 
standard applies as a result of paragraph (1) shall 
not be subject to section 14(a) of the Consumer 
Product Safety Act (15 U.S.C. 2063(a)). 
(c) PREEMPTION.— 
(1) IN GENERAL.—Notwithstanding section 16 
of the Flammable Fabrics Act (15 U.S.C. 1203) and 
section 231 of the Consumer Product Safety Im-
provement Act of 2008 (15 U.S.C. 2051 note), and 
except as provided in subparagraphs (B) and (C) of 
paragraph (2), no State or any political subdivision 
of a State may establish or continue in effect any 
provision of a flammability law, regulation, code, 
standard, or requirement that is designed to protect 
against the risk of occurrence of fire, or to slow or 
prevent the spread of fire, with respect to uphol-
stered furniture. 
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(2) PRESERVATION OF CERTAIN STATE LAW.— 
Nothing in this Act or the Flammable Fabrics Act 
(15 U.S.C. 1191 et seq.) may be construed to pre-
empt or otherwise affect— 
(A) any State or local law, regulation, 
code, standard, or requirement that— 
(i) concerns health risks associated 
with upholstered furniture; and 
(ii) is not designed to protect against 
the risk of occurrence of fire, or to slow or 
prevent the spread of fire, with respect to 
upholstered furniture; 
(B) sections 1374 through 1374.3 of title 
4, California Code of Regulations (except for 
subsections (b) and (c) of section 1374 of that 
title), as in effect on the date of enactment of 
this Act; or 
(C) the California standard. 
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Union Calendar No. 277 
116TH CONGRESS 
1ST SESSION 
H. R. 2647 
[Report No. 116–348] 
A BILL 
To adopt a certain California flammability standard 
as a Federal flammability standard to protect 
against the risk of upholstered furniture flamma-
bility, and for other purposes. 
DECEMBER 16, 2019 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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