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H.R. 1130 (106th): Fire Safe Cigarette Act of 1999

The text of the bill below is as of Mar 16, 1999 (Introduced).

HR 1130 IH


1st Session

H. R. 1130

To direct the Consumer Product Safety Commission to promulgate fire safety standards for cigarettes, and for other purposes.


March 16, 1999

Mr. MOAKLEY (for himself, Mr. WAXMAN, Mr. MARKEY, Mr. BOEHLERT, Mr. NEAL of Massachusetts, Mr. BARRETT of Wisconsin, Mr. DELAHUNT, Mr. MCGOVERN, Mr. OLVER, Mr. CAPUANO, Mr. NADLER, Ms. PELOSI, Mr. KENNEDY of Rhode Island, Mr. SERRANO, Mr. MEEHAN, Ms. SLAUGHTER, Mr. CUMMINGS, Mr. CARDIN, Mrs. MORELLA, Ms. JACKSON-LEE of Texas, Mr. BROWN of California, Mr. WEINER, Mr. GUTIERREZ, Ms. DELAURO, Mr. OWENS, Mrs. MCCARTHY of New York, Mr. TIERNEY, and Mr. FORD) introduced the following bill; which was referred to the Committee on Commerce


To direct the Consumer Product Safety Commission to promulgate 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,


    (a) SHORT TITLE- This Act may be cited as ‘Fire Safe Cigarette Act of 1999’.

    (b) FINDINGS- The Congress finds that--

      (1) cigarette ignited fires are the leading cause of fire deaths in the United States,

      (2) in 1996 there were 1,083 deaths from cigarette ignited fires, 2,809 civilian injuries from such fires, and $420 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 Cigarette 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 $6,000,000,000 a year, and

      (7) it is appropriate that the regulatory expertise of the Consumer Product Safety Commission be used to implement a cigarette fire safety standard.


    (a) IN GENERAL- Not later than 18 months after the date of the enactment of this Act, the Consumer Product 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 capabilities 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 Technical 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 stockpiling of cigarettes to which the standard issued under subsection (a) will apply. For purposes of this subsection, 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 cigarettes were manufactured or imported for the one year period 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) CONSTRUCTION- None of the following shall be construed to apply with respect to the promulgation of a rule under subsection (a):

        (A) The Consumer Product Safety Act (15 U.S.C. 2051 et seq.).

        (B) Chapter 6 of title 5, United States Code.

        (C) The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

        (D) The Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-121) and the amendments made by such Act.

        (E) Any other Federal law or Executive Order.

    (d) EFFECTIVE DATE- The Commission shall prescribe 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.


      (1) GENERAL RULE- Any person who is adversely affected by a rule issued under subsection (a) may, at any time before the 60th day after the Commission 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 business 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 findings as to the facts, or make new findings, by reason of the additional evidence so taken, and the Commission 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.


    (a) PROHIBITION- No person--

      (1) may manufacture or import a cigarette unless 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 Product Safety Act.


    (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.


    For purposes of this Act:

      (1) The term ‘Commission’ means the Consumer Product Safety Commission.

      (2) The term ‘cigarette’ has the meaning prescribed by section 3 of the Federal Cigarette Labeling and Advertising Act.