I
105TH CONGRESS
2D SESSION
H. R. 3935
To direct the Consumer Product Safety Commission to promulgate fire safety
standards for cigarettes, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 21, 1998
Mr. MOAKLEY introduced the following bill; which was referred to the
Committee on Commerce
A BILL
To direct the Consumer Product Safety Commission to pro-
mulgate fire safety standards for cigarettes, 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, FINDINGS.
(a) SHORT TITLE.—This Act may be cited as ‘‘Fire
Safe Cigarette Act of 1998’’.
(b) FINDINGS.—The Congress finds that—
(1) cigarette ignited fires are the leading cause
of fire deaths in the United States,
(2) in 1995 there were 1,122 deaths from ciga-
rette ignited fires, 2,667 civilian injuries from such
fires, and $507 million in property damage caused
by such fires,
(3) over 100 children are killed each year from
cigarette related fires,
(4) the results accomplished under the Ciga-
rette Safety Act of 1984 and the Fire Safe Cigarette
Act of 1990 complete the necessary technical work
for a cigarette fire safety standard,
(5) it is appropriate for the Congress to require
by law the establishment of a cigarette fire safety
standard for the manufacture and importation of
cigarettes,
(6) the most recent study by the Consumer
Product Safety Commission found that the cost of
the loss of human life and personal property from
not having a cigarette fire safety standard is
$4,000,000,000 a year, and
(7) it is appropriate that the regulatory exper-
tise of the Consumer Product Safety Commission be
used to implement a cigarette fire safety standard.
SEC. 2. CIGARETTE FIRE SAFETY STANDARD.
(a) IN GENERAL.—Not later than 18 months after
the date of the enactment of this Act, the Consumer Prod-
uct Safety Commission shall by rule issue a cigarette fire
safety standard for cigarettes to reduce the risk of ignition
presented by cigarettes. In establishing the standard the
Commission shall—
(1) consult with the National Institute of
Standards and Technology and make use of its ca-
pabilities as it deems necessary and seek the advice
and expertise of other Federal and State agencies
engaged in fire safety, and
(2) take into account the final report to the
Congress made by the Commission and the Tech-
nical Advisory Group established under section 3 of
the Fire Safe Cigarette Act of 1990 in which it was
found that cigarettes with a low ignition propensity
are already on the market.
(b) STOCKPILING.—The Commission shall include in
the rule issued under subsection (a) a prohibition of stock-
piling of cigarettes to which the standard issued under
subsection (a) will not apply. For purposes of this sub-
section, the term ‘‘stockpiling’’ means the manufacturing
or importing of a cigarette between the date a standard
is issued under subsection (a) and the date the standard
is to take effect at a rate greater than the rate the ciga-
rettes were manufactured or imported for the one year pe-
riod ending on the date the standard was issued.
(c) PROCEDURE.—
(1) IN GENERAL.—The rule under subsection
(a) shall be issued in accordance with section 553 of
title 5, United States Code.
(2) OTHER
PROVISIONS.—Sections 7, 9, and
30(d) of the Consumer Product Safety Act (15
U.S.C. 2056,2058,2079(d)) do not apply to the pro-
ceedings under this subsection and section 11 of
such Act (15 U.S.C. 2060) shall not apply with re-
spect to any standard issued under such proceed-
ings.
(d) EFFECTIVE DATE.—The Commission shall pre-
scribe the effective date of the rule issued under subsection
(a), except that such date may not be later than 30
months after the date of the enactment of this Act.
(e) JUDICIAL REVIEW.—
(1) GENERAL RULE.—Any person who is ad-
versely affected by a rule issued under subsection (a)
may, at any time before the 60th day after the Com-
mission issues the rule, file a petition with the
United States Court of Appeals for the District of
Columbia Circuit or for any other circuit in which
such person resides or has its principal place of busi-
ness to obtain judicial review of the rule. A copy of
the petition shall be forthwith transmitted by the
clerk of the court to the Secretary. The Commission
shall file in the court the record of the proceedings
on which the Commission based the rule as provided
in section 2112 of title 28, United States Code.
(2) ADDITIONAL EVIDENCE.—If the petitioner
applies to the court for leave to adduce additional
evidence, and shows to the satisfaction of the court
that such additional evidence is material and that
there was no opportunity to adduce such evidence in
the proceeding before the Commission, the court
may order such additional evidence (and evidence in
rebuttal thereof) to be taken before the Commission
in a hearing or in such other manner, and upon such
terms and conditions, as the court deems proper.
The Commission may modify the Commission’s find-
ings as to the facts, or make new findings, by reason
of the additional evidence so taken, and the Commis-
sion shall file such modified or new findings, and the
Commission’s recommendations, if any, for the
modification of the rule.
(3) COURT JURISDICTION.—Upon the filing of
a petition under paragraph (1), the court shall have
jurisdiction to review the rule of the Commission, as
modified, in accordance with chapter 7 of title 5,
United States Code.
SEC. 3. ENFORCEMENT.
(a) PROHIBITION.—No person—
(1) may manufacture or import a cigarette un-
less the cigarette is in compliance with a cigarette
fire safety standard issued under section 2(a); or
(2) shall fail to provide information as required
under this Act.
(b) PENALTY.—A violation of subsection (a) shall be
considered a violation of section 19 of the Consumer Prod-
uct Safety Act.
SEC. 4. PREEMPTION.
(a) IN GENERAL.—This Act and the cigarette fire
safety standard promulgated under section 2(a) do not
preempt or otherwise affect in any way any law of a State
or political subdivision which prescribes a fire safety
standard for cigarettes which is more stringent than the
standard promulgated under section 2(a).
(b) DEFENSES.—In any civil action for damages
compliance with the fire safety standard promulgated
under section 2(a) may not be admitted as a defense.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘Commission’’ means the Con-
sumer Product Safety Commission.
(2) The term ‘‘cigarette’’ has the meaning pre-
scribed by section 3 of the Federal Cigarette Label-
ing and Advertising Act.
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