Fire Safe Cigarette Act of 1990
PL 101-352 (H.R.293), enacted 08/10/1990

PUBLIC LAW 101-352—AUG. 10, 1990 
104 STAT. 405 
Public Law 101-352 
101st Congress 
An Act 
To direct the completion of the research recommended by the Technical Study Group 
. 
^ „ ^ „„„ 
on Cigarette and Little Cigar Fire Safety and to provide for an assessment of the 
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practicality of a cigarette fire safety performance standard. 
[H.R. 29o] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Fire Safe 
Cigarette Act of 
SECTION 1. SHORT TITLE; FINDINGS. 
ll^USC 2054 
(a) SHORT TITLE.—This Act may be cited as the "Fire Safe 
note. 
Cigarette Act of 1990". 
(b) FINDINGS.—The Congress finds that— 
(1) cigarette-ignited fires are the leading cause of fire deaths 
in the United States, 
(2) in 1987, there were 1,492 deaths from cigarette-ignited 
fires, 3,809 serious injuries, and $395,000,000 in property 
damage caused by such fires, 
(3) the final report of the Technical Study Group on Cigarette 
and Little Cigar Fire Safety under the Cigarette Safety Act of 
1984 determined that (A) it is technically feasible and may be 
commercially feasible to develop a cigarette that will have a 
significantly reduced propensity to ignite furniture and mat-
tresses, and (B) the overall impact on other aspects of the 
United States society and economy may be minimal, 
(4) the final report of the Technical Study Group on Cigarette 
and Little Cigar Fire Safety under the Cigarette Safety Act of 
1984 further determined that the value of a cigarette with less 
of a likelihood to ignite furniture and mattresses which would 
prevent property damage and personal injury and loss of life is 
economically incalculable, 
(5) it is appropriate for the Congress to require by law the 
completion of the research described in the final report of the 
Technical Study Group on Cigarette and Little Cigar Fire Safety 
and an assessment of the practicability of developing a perform-
ance standard to reduce cigarette ignition propensity, and 
(6) it is appropriate for the Consumer Product Safety Commis-
sion to utilize its expertise to complete the recommendations for 
further work and report to Congress in a timely fashion. 
SEC. 2. COMPLETION OF FIRE SAFETY RESEARCH. 
15 USC 2054 
(a) CENTER FOR FIRE RESEARCH.—At the request of the Consumer 
Product Safety Commission, the National Institute for Standards 
and Technology's Center for Fire Research shall— 
(1) develop a standard test method to determine cigarette 
ignition propensity, 
(2) compile performance data for cigarettes using the stand-
ard test method developed under paragraph (1), and 
(3) conduct laboratory studies on and computer modeling of 
ignition physics to develop valid, user-friendly 
predictive 
capability. 
104 STAT. 406 
PUBLIC LAW 101-352—AUG. 10, 1990 
The Commission shall make such request not later than the expira-
tion of 30 days after the date of the enactment of this Act. 
Qo) COMMISSION.—The Consumer Product Safety Commission 
shall— 
(1) design and implement a study to collect baseline and 
foUowup data about the characteristics of cigarettes, products 
ignited, and smokers involved in fires, and 
(2) develop information on societal costs of cigarette-ignited 
fires. 
(c) HEALTH AND HUMAN SERVICES.—The Consumer Product Safety 
Commission, in consultation with the Secretary of Health and 
Human Services, shall develop information on changes in the tox-
icity of smoke and resultant health effects from cigarette prototypes. 
The Commission shall not obligate more than $50,000 to develop 
such information. 
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SEC. 3. ADVISORY GROUP. 
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(a) EsTABUSHMENT.—There is established the Technical Advisory 
Group to advise and work with the Consumer Product Safety 
Commission and National Institute for Standards and Technology's 
Center for Fire Research on the implementation of this Act. The 
Technical Advisory Group may hold hearings to develop informa-
Termination 
^^^^ ^^ Carry out its functions. The Technical Advisory Group shall 
date. 
terminate 1 month after the submission of the final report of the 
Chairman of the Consumer Product Safety Commission under 
section 4. 
(b) MEMBERS.—The Technical Advisory Group shall consist of the 
same individuals appointed to the Technical Study Group on Ciga-
rette and Little Cigar Fire Safety under section 3(a) of the Cigarette 
Safety Act of 1984. If such an individual is unavailable to serve on 
the Technical Advisory Group, the entity which such individual 
represented on such Technical Study Group shall submit to the 
Chairman of the Consumer Product Safety Commission the name of 
another individual to be appointed by the Chairman to represent 
such group on the Technical Advisory Group. 
15 use 2054 
SEC. 4. REPORTS. 
The Chairman of the Consumer Product Safety Commission, in 
consultation with the Technical Advisory Group, shall submit to 
Congress three reports on the activities undertaken under section 2 
as follows: The first such report shall be made not later than 13 
months after the date of the enactment of this Act, the second such 
report shall be made not later than 25 months after such date, and 
the final such report shall be made not later than 36 months after 
such date. 
15 use 2054 
SEC. 5. CONFIDENTIALITY. 
" 
(a) IN GENERAL.—Any information provided to the National In-
stitute for Standards and Technology's Center for Fire Research, to 
the Consumer Product Safety Commission, or to the Technical 
Advisory Group under section 2 which is designated as trade secret 
or confidential information shall be treated as trade secret or con-
fidential information subject to section 552(b)(4) of title 5, United 
States Code, and section 1905 of title 18, United States Code, and 
shall not be revealed, except as provided under subsection (b). No 
member or employee of the Center for Fire Research, the Consumer 
Product Safety Commission, or the Technical Advisory Group and 
PUBLIC LAW 101-352—AUG. 10,1990 
104 STAT. 407 
no person assigned to or consulting with the Center for Fire Re-
search, the Consumer Product Safety Commission, or the Technical 
Advisory Group, shall disclose any such information to any person 
who is not a member or employee of, assigned to, or consulting with, 
the Center for Fire Research, Consumer Product Safety Commission, 
or the Technical Advisory Group unless the person submitting such 
information specifically and in writing authorizes such disclosure, 
(b) CONSTRUCTION.—Subsection (a) does not authorize the 
withholding of any information from any duly authorized sub-
committee or committee of the Congress, except that if a subcommit-
tee or committee of the Congress requests the Consumer Product 
Safety Commission, the National Institute for Standards and Tech-
nology's Center for Fire Research, or the Technical Advisory Group 
to provide such information, the Commission, the Center for Fire 
Research, or Technical Advisory Group shall notify the person who 
provided the information of such a request in writing. 
Approved August 10, 1990. 
LEGISLATIVE HISTORY—H.R. 293: 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
July 30, considered and passed House and Senate.