September 17, 2019 - Issue: Vol. 165, No. 149 — Daily Edition116th Congress (2019 - 2020) - 1st Session
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PORTABLE FUEL CONTAINER SAFETY ACT OF 2019; Congressional Record Vol. 165, No. 149
(House of Representatives - September 17, 2019)
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[Pages H7727-H7729] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] PORTABLE FUEL CONTAINER SAFETY ACT OF 2019 Ms. SCHAKOWSKY. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 806) to require compliant flame mitigation devices to be used on portable fuel containers for flammable liquid fuels, and for other purposes, as amended. The Clerk read the title of the bill. The text of the bill is as follows: H.R. 806 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 ``Portable Fuel Container Safety Act of 2019''. SEC. 2. PERFORMANCE STANDARDS TO PROTECT AGAINST PORTABLE FUEL CONTAINER EXPLOSIONS NEAR OPEN FLAMES OR OTHER IGNITION SOURCES. (a) Rule on Safety Performance Standards Required.--Not later than 30 months after the date of enactment of this section, the Consumer Product Safety Commission (referred to in this Act as the ``Commission'') shall promulgate a final rule to require flame mitigation devices in portable fuel containers that impede the propagation of flame into the container, except as provided in subsection (c). (b) Rulemaking; Consumer Product Safety Standard.--A rule under subsection (a)-- (1) shall be promulgated in accordance with section 553 of title 5, United States Code; and (2) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). (c) Exception.-- (1) Voluntary standard.--Subsection (a) shall not apply for a class of portable fuel containers in the scope of this Act if the Commission determines at any time that-- (A) there is a voluntary standard for flame mitigation devices for those containers that impedes the propagation of flame into the container; (B) the voluntary standard described in subparagraph (A) is or will be in effect not later than 18 months after the date of enactment of this Act; and (C) the voluntary standard described in subparagraph (A) is developed by ASTM International or such other standard development organization that the Commission determines to have met the intent of this Act. (2) Determination required to be published in the federal register.--Any determination made by the Commission under this subsection shall be published in the Federal Register. (d) Treatment of Voluntary Standard for Purpose of Enforcement.--If the Commission determines that a voluntary standard meets the conditions described in subsection (c), the requirements of such voluntary standard shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058) beginning on the date which is the later of-- (1) 180 days after publication of the Commission's determination under subsection (c); or (2) the effective date contained in the voluntary standard. (e) Revision of Voluntary Standard.-- (1) Notice to commission.--If the requirements of a voluntary standard that meet the conditions of subsection (c) are subsequently [[Page H7728]] revised, the organization that revised the standard shall notify the Commission after the final approval of the revision. (2) Effective date of revision.--Not later than 180 days after the Commission is notified of a revised voluntary standard described in paragraph (1) (or such later date as the Commission determines appropriate), such revised voluntary standard shall become enforceable as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), in place of the prior version, unless within 90 days after receiving the notice the Commission determines that the revised voluntary standard does not meet the requirements described in subsection (c). (f) Future Rulemaking.--The Commission, at any time after publication of the consumer product safety rule required by subsection (a), a voluntary standard is treated as a consumer product safety rule under subsection (d), or a revision is enforceable as a consumer product safety rule under subsection (e) may initiate a rulemaking in accordance with section 553 of title 5, United States Code, to modify the requirements or to include any additional provision that the Commission determines is reasonably necessary to protect the public against flame jetting from a portable fuel container. Any rule promulgated under this subsection shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). (g) Action Required.-- (1) Education campaign.--Not later than 1 year after the date of enactment of this Act, the Commission shall undertake a campaign to educate consumers about the dangers associated with using or storing portable fuel containers for flammable liquids near an open flame or any other source of ignition. (2) Summary of actions.--Not later than 2 years after the date of enactment of this Act, the Commission shall submit to Congress a summary of actions taken by the Commission in such campaign. (h) Portable Fuel Container Defined.--In this section, the term ``portable fuel container'' means any container or vessel (including any spout, cap, and other closure mechanism or component of such container or vessel or any retrofit or aftermarket spout or component intended or reasonably anticipated to be for use with such container)-- (1) intended for flammable liquid fuels with a flash point less than 140 degrees Fahrenheit, including gasoline, kerosene, diesel, ethanol, methanol, denatured alcohol, or biofuels; (2) that is a consumer product with a capacity of 5 gallons or less; and (3) that the manufacturer knows or reasonably should know is used by consumers for transporting, storing, and dispensing flammable liquid fuels. (i) Rule of Construction.--This section may not be interpreted to conflict with the Children's Gasoline Burn Prevention Act (Public Law 110-278; 122 Stat. 2602). SEC. 3. CHILDREN'S GASOLINE BURN PREVENTION ACT. (a) Amendment.--Section 2(c) of the Children's Gasoline Burn Prevention Act (15 U.S.C. 2056 note; Public Law 110-278) is amended by inserting after ``for use by consumers'' the following: ``and any receptacle for gasoline, kerosene, or diesel fuel, including any spout, cap, and other closure mechanism and component of such receptacle or any retrofit or aftermarket spout or component intended or reasonably anticipated to be for use with such receptacle, produced or distributed for sale to or use by consumers for transport of, or refueling of internal combustion engines with, gasoline, kerosene, or diesel fuel''. (b) Applicability.--The amendment made by subsection (a) shall take effect 6 months after the date of enactment of this section. The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from Illinois (Ms. Schakowsky) and the gentleman from Missouri (Mr. Long) each will control 20 minutes. The Chair recognizes the gentlewoman from Illinois. General Leave Ms. SCHAKOWSKY. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous materials on H.R. 806. The SPEAKER pro tempore. Is there objection to the request of the gentlewoman from Illinois? There was no objection. Ms. SCHAKOWSKY. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in strong support of H.R. 806, the Portable Fuel Container Safety Act of 2019. This bipartisan legislation was introduced by Representative Mike Thompson and David Joyce, a bipartisan cosponsorship. It was advanced out of the Energy and Commerce Committee on July 17, 2019, by voice vote. Portable fuel containers are used for many everyday purposes by adults and kids alike. For example, we might see them used to transport or store fuel for the lawnmower or the backyard fire pit, and your son or daughter might use them in their high school chemistry class. What many users don't realize is that these containers are highly explosive. Each year, they send thousands of people to the emergency room, including with third-degree burns. The explosions that they make, known as flame jetting, occur when flammable vapors escape from the open nozzle and are ignited. These explosions, however, are preventable. A small piece of mesh, known as a flame arrester, can be added to the container's spout to eliminate the conditions that create explosions, and they cost just pennies. There is no reason they shouldn't be standard in all portable fuel containers. The Portable Fuel Container Safety Act will make sure that all portable fuel containers have flame mitigation devices, and it will save lives. Mr. Speaker, I am grateful to my colleagues who introduced this bill. I also want to thank Margrett Lewis, who has witnessed firsthand the horrors of such an explosion and who has been such a fierce advocate for many years. Mr. Speaker, I call on all my colleagues to support this bipartisan measure, and I reserve the balance of my time. Mr. LONG. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, this bill directs the Consumer Product Safety Commission to issue a consumer product safety rule to require flame mitigation devices on portable fuel containers. Furthermore, it directs CPSC to conduct an education campaign to alert consumers to the dangers of using or storing portable fuel containers near ignition sources and to report to Congress on the campaign. In addition, it amends the Children's Gasoline Burn Prevention Act to expand existing child-resistance requirements for closures for portable gasoline containers to include portable kerosene and diesel fuel containers and component parts. Mr. Speaker, I want to thank Margrett Lewis for her tireless efforts to help get this bill across the House floor today. She turned her personal tragedy into passionate advocacy in an effort to prevent others from facing a similar incident. I thank everybody for their work on this bill. Mr. Speaker, I congratulate Mr. Thompson and his bipartisan group of cosponsors, and I am pleased to support addressing this important safety issue. Mr. Speaker, I urge my colleagues to support H.R. 806, and I reserve the balance of my time. {time} 1630 Ms. SCHAKOWSKY. Mr. Speaker, it is my honor to yield such time as he may consume to the gentleman from California (Mr. Thompson), who really brought this bill to the attention of our committee and subcommittee and garnered the support that is needed to make sure that death, disfigurement, and tragedy don't occur because of these products. Mr. THOMPSON of California. Mr. Speaker, I thank the gentlewoman for yielding the time, and for all of her effort and help in making sure this bill passes. Mr. Speaker, I rise in strong support of my legislation that addresses a dangerous and deadly public safety issue by directing the Consumer Product Safety Commission to establish a standard for requiring flame mitigation devices to be used in portable fuel containers and to help educate our communities about the dangers of flame jetting. This issue is very personal to me. I met with local fire officials and Margrett Priest Lewis, a mother and constituent. Margrett's daughter, along with her twin sister and a few friends, were roasting marshmallows. Their portable fireplace used a common biofuel that, unfortunately, did not have a flame mitigation device. As Margrett's daughter went to refuel the outdoor fireplace, the fuel exploded from the bottle in a process called flame jetting, which you heard about earlier. Portable fuel containers are found in households across America and, yet, even when used correctly, like in the case of Margrett's family, present a risk for severe injury and, in some cases, death. This story of survival and Margrett's advocacy on behalf of burn survivors [[Page H7729]] has inspired my legislation, and she has been the driving force behind this bill. Flammable or combustible liquids cause over 160,000 fires per year, $1.5 billion in property damage, and some 4,000 injuries and over 450 deaths every year. These accidents can happen in any community, and the results can be devastating. These accidents are caused when fuel vapors flash back and ignite the container contents, leading to flame to flame jetting or explosions. These accidents are easily preventable. Flame mitigation devices can prevent accidents caused by flammable vapors igniting within liquid containers. While workplace safety regulations govern the use of approved flame mitigation devices in flammable liquid containers for industrial use, there is no requirement for consumer containers used in homes, campsites, or schools across our country. This bipartisan solution is supported by a broad coalition, including the American Burn Association, the Congressional Fire Services Institute, the International Association of Fire Fighters, International Association of Fire Chiefs, National Volunteer Fire Council, National Fire Protection Association, the Consumer Federation of America, the Phoenix Society for Burn Survivors, the Portable Fuel Container Manufacturers Association, and the National Association of State Fire Marshals. Mr. Speaker, I include in the Record the National Association of State Fire Marshals' letter of support. National Association of State Fire Marshals, Maitland, FL, September 16, 2019. Hon. Mike Thompson, House of Representatives, Washington, DC. Dear Congressman Thompson: The National Association of State Fire Marshals (NASFM) membership comprises the most senior state fire officials in the United States, with a primary mission of protecting human life, property and the environment from fire and related public safety issues. Therefore, NASFM strongly endorses H.R. 806, Portable Fuel Container Safety Act of 2019. Flammable or combustible liquids cause over 160,000 fires per year, causing $1.5 billion in property damage, almost 4,000 injuries and 454 deaths annually. These accidents can happen in any community, and the results can be devastating. Flame Mitigation Devices (FMD), such as flame arresters, can help prevent accidents caused by flammable vapors igniting within the liquid container, causing an explosion or flash fire. While workplace safety regulations govern the use of approved flame arresters in flammable liquid containers for industrial use, there is no requirement for consumer containers used in homes, camp sites, and schools across the country. H.R. 806, Portable Fuel Container Safety Act of 2019 would address this gap by directing the Consumer Product Safety Commission to establish a standard for requiring FMDs to be used in these containers and reduce the risk of catastrophic accidents. Thank you again for your leadership, NASFM looks forward to working with you to enact into law this important fire safety prevention legislation. Sincerely, Jim Narva, Executive Director, National Association of State Fire Marshals. Mr. THOMPSON of California. Mr. Speaker, I urge every Member of this body to keep our constituents and their children safe by passing this bipartisan, commonsense consumer safety bill. I thank the cosponsor, Mr. Joyce of Ohio, and, again, Chairwoman Schakowsky, for helping move this bill through her subcommittee. Mr. Speaker, I urge everyone to vote in favor of this bill. Mr. LONG. Mr. Speaker, in closing, I urge my colleagues to support H.R. 806, and I yield back the balance of my time. Ms. SCHAKOWSKY. Mr. Speaker, once again, I thank the sponsors of this bill and Congressman Long for his participation. It means so much to me. I thank him for his help and his friendship. I want to say that the story of Margrett and her daughter--her daughter has had countless surgeries as a consequence. She is one of the people who survived, but her life has been transformed forever, and we can prevent this with this legislation. I want to give a special shout-out to the committee staff and the subcommittee staff on the Democratic side, as well as on the Republican side. I want to thank sincerely my staff in my office for all of their help on this bill. This is another one of those that will definitely be improving and saving the lives of so many Americans and ridding our country of this danger. Mr. Speaker, I yield back the balance of my time. Ms. JACKSON LEE. Mr. Speaker, I rise today in strong support of H.R. 806, the Portable Fuel Container Safety Act of 2019. I want to thank Congressman Mike Thompson for introducing H.R. 806 which will help to save the lives of countless children. H.R. 806 directs the Consumer Product Safety Commission (CPSC) to require fuel containers to include devices that impede flames from entering the container. This requirement applies to flammable, liquid fuel containers of fewer than five gallons that are intended for transport. The bill also requires child resistant caps on kerosene and diesel fuel containers. CPSC may either promulgate a rule or adopt an existing standard. Additionally, CPSC must educate consumers about dangers associated with using or storing such containers near an open flame or a source of ignition. On September 21, 2013, a 10-year-old boy, Christopher Allsup, died when an old red plastic gas container exploded showering him with burning gasoline. Over 90 percent of his body was burnt. He was flown to the University of Iowa Burn Center where he lived for only 5 hours. In 2010, Robert Jacoby had poured gasoline from a gas can onto a brush pile he planned to ignite, he then walked the can 20 feet from the pile when it exploded. He said he had not yet lit a match or any other fire but claimed a spark from static electricity created by the friction between the plastic can and his denim jeans was the source of ignition. Jacoby suffered severe burns over 75 percent of his body and spent four months in a burn unit, incurring $1.5 million in medical bills. In August in preparation for Hurricane Dorian a resident of Fort Myers, Florida had filled several gasoline canisters and stored them next to a natural gas-powered water heater. A hot shower triggered the water heater causing it to work harder with the vapors of the gasoline ultimately starting a fire in the garage. Luckily, water coming from the pipe sprayed everywhere, containing the fire to the garage. Gasoline from gas cans is responsible for deaths and injuries both from ignition and the volatile vapors as well as from direct aspiration into the lung or aspiration following vomiting of ingested gasoline. For children, the most serious types of injuries associated with exposure to gasoline are burns following ignition of the volatile vapors, chemical pneumonia, pulmonary damage, and possible death associated with direct aspiration into the lungs or aspiration during vomiting following ingestion. The filling of portable fuel containers or ``gas cans'' in pickup trucks and cars can result in serious fires as a result from the buildup of static electricity from the bed liner or carpet. Under certain limited conditions--including a very low volume of gasoline left inside--a flashback explosion can occur inside a plastic gas can, when gas vapor escaping the can contacts a source of ignition such as a flame or spark. Since 1998 the CPSC has tallied at least 1,200 emergency room visits and 11 deaths due to gas can explosions. That is why I urge all Members to join me in voting for H.R. 806. The SPEAKER pro tempore. The question is on the motion offered by the gentlewoman from Illinois (Ms. Schakowsky) that the House suspend the rules and pass the bill, H.R. 806, as amended. The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill, as amended, was passed. A motion to reconsider was laid on the table. ____________________
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