[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2647 Received in Senate (RDS)]
<DOC>
116th CONGRESS
1st Session
H. R. 2647
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 17, 2019
Received
_______________________________________________________________________
AN ACT
To adopt a certain California flammability standard as a Federal
flammability standard to protect against the risk of upholstered
furniture flammability, 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 ``Safer Occupancy Furniture
Flammability Act'' or the ``SOFFA Act''.
SEC. 2. ADOPTION OF CALIFORNIA FLAMMABILITY STANDARD AS A FEDERAL
STANDARD.
(a) Definitions.--In this section--
(1) the term ``bedding product'' means--
(A) an item that is used for sleeping or sleep-
related purposes; or
(B) any component or accessory with respect to an
item described in subparagraph (A), without regard to
whether the component or accessory, as applicable, is
used--
(i) alone; or
(ii) along with, or contained within, that
item;
(2) the term ``California standard'' means the standard set
forth by the Bureau of Electronic and Appliance Repair, Home
Furnishings and Thermal Insulation of the Department of
Consumer Affairs of the State of California in Technical
Bulletin 117-2013, entitled ``Requirements, Test Procedure and
Apparatus for Testing the Smolder Resistance of Materials Used
in Upholstered Furniture'', originally published June 2013, as
in effect on the date of enactment of this Act;
(3) the terms ``foundation'' and ``mattress'' have the
meanings given those terms in section 1633.2 of title 16, Code
of Federal Regulations, as in effect on the date of enactment
of this Act; and
(4) the term ``upholstered furniture''--
(A) means an article of seating furniture that--
(i) is intended for indoor use;
(ii) is movable or stationary;
(iii) is constructed with an upholstered
seat, back, or arm;
(iv) is--
(I) made or sold with a cushion or
pillow, without regard to whether that
cushion or pillow, as applicable, is
attached or detached with respect to
the article of furniture; or
(II) stuffed or filled, or able to
be stuffed or filled, in whole or in
part, with any material, including a
substance or material that is hidden or
concealed by fabric or another
covering, 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 material,
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 individual sits in an
upright or reclining position;
(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 exercise.
(b) Adoption of Standard.--
(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 California standard shall be considered
to be a flammability standard promulgated by the Consumer
Product Safety Commission under section 4 of the Flammable
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)) with respect to
that standard.
(3) Certification label.--Each manufacturer of a product
that is subject to the California standard as a result of
paragraph (1) shall include the statement ``Complies with
United States CPSC requirements for upholstered furniture
flammability'' on a permanent label located on the product,
which shall be considered to be a certification that the
product complies with that standard.
(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 Improvement 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
upholstered furniture.
(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 preempt 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.
Passed the House of Representatives December 16, 2019.
Attest:
CHERYL L. JOHNSON,
Clerk.