[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2643 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2643
To provide for fire safety standards for cigarettes, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 13, 2004
Mr. Durbin introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To provide for fire safety standards for cigarettes, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cigarette Fire Safety Act of 2004''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Cigarette ignited fires are the leading cause of fire
deaths in the United States.
(2) In 1999 there were 807 deaths from cigarette ignited
fires, 2,193 civilian injuries from such fires, and
$559,100,000 in property damage caused by such fires.
(3) Nearly 100 children are killed each year from cigarette
related fires.
(4) For over 20 years former Member of Congress Joseph
Moakley worked on behalf of burn victims, firefighters, and
every individual who has lost a loved one in a fire. By
securing enactment of the Cigarette Safety Act of 1984 and the
Fire Safe Cigarette Act of 1990, Joseph Moakley completed the
necessary technical work for a cigarette fire safety standard
and paved the way for a national 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) A 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 $4,600,000,000 per year.
(7) It is appropriate that the regulatory expertise of the
Consumer Product Safety Commission be used to implement a
cigarette fire safety standard.
SEC. 3. CIGARETTE FIRE SAFETY STANDARD.
(a) In General.--
(1) Requirement for standard.--Not later than 18 months
after the date of the enactment of this Act, the Commission
shall, by rule, prescribe one or more fire safety standards for
cigarettes that, except as provided in this Act, are
substantively the same as the standards set forth by the State
of New York in Part 429 of Title 18 of the Official Compilation
of Codes, Rules and Regulations of the State of New York, as
promulgated on December 31, 2003 (in this Act referred to as
the ``New York standard''), including the Appendix to such
Part.
(2) Cigarettes with unique characteristics.--In adapting
section 4(c) of such Part 429, if the Commission determines
that a cigarette, because of its unique or nontraditional
characteristics, cannot be tested in accordance with the test
method prescribed by the Commission, the manufacturer of such
cigarette may propose a test method and performance standard
for such cigarette. If the Commission finds the proposed method
and standard to be equivalent to the test method and
performance standard otherwise established by the Commission,
the Commission may approve the method and standard and the
manufacturer of such cigarette may employ such test method and
performance standard to certify the cigarette pursuant to rules
prescribed by this Act.
(3) Commission.--In this Act, the term ``Commission'' means
the Consumer Product Safety Commission.
(b) Procedure.--
(1) In general.--The rule under subsection (a), and any
modification thereof, shall be prescribed in accordance with
section 553 of title 5, United States Code.
(2) Modifications.--
(A) Modification by sponsor.--If the sponsor of the
testing methodology used under subsection (a)(2)
modifies the testing methodology in any material
respect, the sponsor shall notify the Commission of the
modification, and the Commission may incorporate the
modification in the rule prescribed under subsection
(a) if the Commission determines that the modification
will enhance a fire safety standard established under
subsection (a)(2).
(B) Modification by commission.--The Commission may
modify the rule prescribed under subsection (a),
including the test requirements specified in subsection
(a)(2), in whole or in part, only if the Commission
determines that compliance with such modification is
technically feasible and will enhance a fire safety
standard established under that subsection. Any such
modification shall not take effect earlier than 3 years
after the date on which the rule is first issued.
(3) Inapplicability of certain laws.--
(A) In general.--No Federal law or Executive order,
including the laws listed in subparagraph (B) but not
including chapters 5, 6, 7, and 8 of title 5, United
States Code, commonly referred to as the Administrative
Procedures Act, may be construed to apply to the
promulgation of the rule required by subsection (a), or
a modification of the rule under paragraph (2) of this
subsection.
(B) Included laws.--The Federal laws referred to in
subparagraph (A) include the following:
(i) The Consumer Product Safety Act (15
U.S.C. 2051 et seq.).
(ii) Chapter 6 of title 5, United States
Code.
(iii) The National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(iv) The Small Business Regulatory
Enforcement Fairness Act of 1996 (Public Law
104-121), and the amendments made by that Act.
(c) Effective Date.--The Commission shall specify in the rule
prescribed under subsection (a) the effective date of the rule. The
effective date may not be later than 24 months after the date of the
enactment of this Act.
(d) Treatment of Standard.--
(1) In general.--The fire safety standard promulgated under
subsection (a) shall be treated as a consumer product safety
standard promulgated under the Consumer Product Safety Act (15
U.S.C. 2051 et seq.), except as provided in section 4.
(2) Treatment of cigarettes.--A cigarette shall be treated
as a consumer product under section 3(a)(1)(B) of the Consumer
Product Safety Act (15 U.S.C. 2052(a)(1)(B)) for purposes of
this Act and for purposes of sections 17 and 18 of the Consumer
Product Safety Act (15 U.S.C. 2066, 2067).
SEC. 4. PREEMPTION.
(a) In General.--This Act, and any cigarette fire safety standard
established or modified pursuant to section 3, may not be construed to
preempt or otherwise affect in any way any law or regulation that
prescribes a fire safety standard for cigarettes--
(1) set forth by the State of New York in the New York
standard; or
(2) promulgated by any State that is more stringent than
the fire safety standard for cigarettes established under this
section.
(b) Private Remedies.--The provisions of section 25 of the Consumer
Product Safety Act (15 U.S.C. 2074) shall apply with respect to the
fire safety standard promulgated under section 3(a) of this Act.
SEC. 5. SCOPE OF JURISDICTION OF CONSUMER PRODUCT SAFETY COMMISSION.
Except as otherwise provided in this Act, the Commission shall have
no jurisdiction over tobacco or tobacco products.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Consumer Product Safety Commission for fiscal year
2005, $2,000,000 for purposes of carrying out this Act.
(b) Availability.--Amounts appropriated pursuant to subsection (a)
shall remain available until expended.
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