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110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-367

======================================================================



 
                CHILDREN'S GASOLINE BURN PREVENTION ACT

                                _______
                                

October 9, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Dingell, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 814]

  The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 814) to require the Consumer Product Safety 
Commission to issue regulations mandating child-resistant 
closures on all portable gasoline containers, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     1
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     4
Statement of General Performance Goals and Objectives............     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Earmarks and Tax and Tariff Benefits.............................     4
Committee Cost Estimate..........................................     4
Congressional Budget Office Estimate.............................     4
Federal Mandates Statement.......................................     4
Advisory Committee Statement.....................................     4
Constitutional Authority Statement...............................     4
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     6

                               AMENDMENT

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Children's Gasoline Burn Prevention 
Act''.

SEC. 2. CHILD-RESISTANT PORTABLE GASOLINE CONTAINERS.

  (a) Consumer Product Safety Rule.--The provision of subsection (b) 
shall be considered to be a consumer product safety rule issued by the 
Consumer Product Safety Commission under section 9 of the Consumer 
Product Safety Act (15 U.S.C. 2058).
  (b) Requirements.--Effective 6 months after the date of enactment of 
this Act, each portable gasoline container manufactured on or after 
that date for sale in the United States shall conform to the child-
resistance requirements for closures on portable gasoline containers 
specified in the standard ASTM F2517-05, issued by ASTM International.
  (c) Definition.--As used in this Act, the term ``portable gasoline 
container'' means any portable gasoline container intended for use by 
consumers.
  (d) Revision of Rule.--If, after the enactment of this Act, ASTM 
International proposes to revise the child resistance requirements of 
ASTM F2517-05, ASTM International shall notify the Consumer Product 
Safety Commission of the proposed revision and the proposed revision 
shall be incorporated in the consumer product safety rule under 
subsection (a) unless, within 60 days of such notice, the Commission 
notifies ASTM International that the Commission has determined that 
such revision does not carry out the purposes of subsection (b).
  (e) Implementing Regulations.--Section 553 of title 5, United States 
Code, shall apply with respect to the issuance of any regulations by 
the Consumer Product Safety Commission to implement the requirements of 
this section, and sections 7 and 9 of the Consumer Product Safety Act 
shall not apply to such issuance.
  (f) Report.--Not later than 2 years after the date of enactment of 
this Act, the Consumer Product Safety Commission shall transmit to the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on--
          (1) the degree of industry compliance with the standard 
        promulgated under subsection (a);
          (2) any enforcement actions brought by the Commission to 
        enforce such standard; and
          (3) incidents involving children interacting with portable 
        gasoline containers (including both those that are and are not 
        in compliance with the standard promulgated under subsection 
        (a)).

                          PURPOSE AND SUMMARY

    The purpose of H.R. 814, the Children's Gasoline Burn 
Prevention Act, is to enhance the protection of children from 
death or serious injury from burn hazards. H.R. 814 requires 
the same child-resistant caps for all gasoline containers, 
whether sold with or without gasoline. Although certain State 
environmental emission and spill control laws as well as 
voluntary child resistance standards have been adopted more 
recently, current Federal law requires such caps only on such 
containers sold with gasoline in them at time of sale. H.R. 814 
thus requires the Consumer Product Safety Commission (CPSC) to 
issue regulations mandating child-resistant closures on all 
portable gasoline containers, and provides that any revisions 
to the applicable child resistance requirements proposed by 
ASTM International shall be incorporated in the consumer 
product safety rule. H.R. 814 also requires the CPSC to report 
to Congress two years after enactment of the legislation on 
compliance by industry, agency enforcement actions, and any 
reported incidents involving children and portable gasoline 
cans.

                  BACKGROUND AND NEED FOR LEGISLATION

    Gasoline in cans not secured with child-resistant caps can 
pose a serious danger if small children gain access to them. 
CPSC data estimate that in a single year, over 1,200 children 
under the age of 5 were treated in emergency rooms for injuries 
related to gasoline, either through fire, ingestion, or 
inhalation of fumes. Other CPSC data confirm that, over an 11-
year period, there were 33 cases which involved a child under 
the age of 5 gaining access to a gas can. Nineteen of these 
resulted in deaths.
    The Poison Packaging Prevention Act of 1973 (PPPA) requires 
items containing dangerous or poisonous materials, such as drug 
containers, to be sold with child-resistant caps. The PPPA does 
not, however, apply to portable gasoline cans because the cans 
are sold empty, even though the cans are designed for the 
purpose of containing gasoline, a flammable substance. This 
legislation is intended to require that all gasoline cans, 
whether sold full or empty of gasoline, will be required to 
have the same child-resistant caps.

                                HEARINGS

    The Subcommittee on Commerce, Trade, and Consumer 
Protection held a hearing on Tuesday, May 15, 2007, entitled 
``Protecting Our Children: Current Issues in Consumer Product 
Safety,'' which examined the performance of the CPSC in 
safeguarding consumers, particularly children, from hazardous 
products. Testimony was received from the Honorable Nancy A. 
Nord, Acting CPSC Chairman; Mr. Alan Korn, Public Policy 
Director and General Counsel, Safe Kids Worldwide; Ms. Rachel 
Weintraub, Director of Product Safety and Senior Counsel, 
Consumer Federation of America; Mr. Frederick Locker, General 
Counsel, Toy Industry Association; Dr. Marla Felcher, Adjunct 
Lecturer, Kennedy School of Government, Harvard University; Mr. 
James A. Thomas, President, ASTM International; and Ms. Nancy 
A. Cowles, Executive Director, Kids in Danger.
    The Subcommittee also held a legislative hearing on 
Wednesday, June 6, 2007, entitled ``Legislation to Improve 
Consumer Product Safety for Children: H.R. 2474, H.R. 1699, 
H.R. 814, and H.R. 1721.'' Testimony was received from Mr. 
Edmund Mierzwinski, Consumer Program Director, United States 
Public Interest Research Group and Ms. Sally Greenberg, Senior 
Product Safety Counsel, Consumers Union.

                        COMMITTEE CONSIDERATION

    On Tuesday, July 31, 2007, the Subcommittee on Commerce, 
Trade, and Consumer Protection met in open markup session and 
favorably forwarded H.R. 814, amended, to the full Committee 
for consideration, by a voice vote. On Tuesday, September 25, 
2007, the full Committee met in open markup session and ordered 
H.R. 814 favorably reported to the House, as amended, by a 
voice vote, a quorum being present. No amendments were offered 
during full Committee consideration.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. 
There were no record votes taken during consideration of H.R. 
814 or in ordering the bill reported. A motion by Mr. Dingell 
to order H.R. 814 favorably reported to the House, as amended, 
was agreed to by a voice vote.

                      COMMITTEE OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the oversight findings of the 
Committee are reflected in this report.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    The purpose of the legislation is to reduce the harm to 
individuals, particularly children, by requiring child-
resistant closures on all portable gasoline containers.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Regarding compliance with clause 3(c)(2) of rule XIII of 
the Rules of the House of Representatives, the Committee finds 
that H.R. 814 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  EARMARKS AND TAX AND TARIFF BENEFITS

    Regarding compliance with clause 9 of rule XXI of the Rules 
of the House of Representatives, H.R. 814 does not contain any 
Congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.

                        COMMITTEE COST ESTIMATE

    The Committee will adopt as its own the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    Regarding clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, a cost estimate on H.R. 814 by the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not available as of the 
time of the filing of this report by the Committee.

                       FEDERAL MANDATES STATEMENT

    The Committee will adopt as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

    Section 1 establishes the short title of the bill as the 
``Children's Gasoline Burn Prevention Act''.

Sec. 2. Child-resistant portable gasoline containers

    Section 2(a) provides that the mandated standard for 
portable gasoline containers under this legislation shall be 
considered to be a consumer product safety rule issued by the 
CPSC pursuant to Section 9 of the Consumer Product Safety Act 
(15 U.S.C. 2058).
    Section 2(b) mandates that, six months after the date of 
enactment of this legislation, all portable gasoline containers 
manufactured for sale in the United States shall conform to the 
child-resistant standard specified in the ``standard ASTM 
F2517-05,'' issued by ASTM International (ASTM), a private 
standard-setting organization.
    Additionally, Section 2(b) eliminates Section 9(a)-(f) of 
the CPSA for the purpose of adopting a final safety rule 
pertaining to portable gasoline containers. The effect of this 
provision would eliminate the current procedural requirement of 
issuing an advance notice of proposed rulemaking (``ANPR'') and 
notice of proposed rulemaking (``NPR'') and potentially permit 
the CPSC to adopt a final rule without the Administrative 
Procedures Act requirement of providing the public with prior 
notice and an opportunity to submit comments on the proposed 
rule. This bill would also eliminate the required findings that 
the Commission currently must make in the ANPR and NPR 
rulemaking stages. The bill would also eliminate findings 
required in the Final Rule stage, such as a final cost-benefit 
regulatory analysis, a description of any alternatives to the 
final rule considered by the Commission, a summary of any 
significant issues raised by comments submitted during the 
public comment period, a determination that the rule is 
reasonably necessary to eliminate or reduce an unreasonable 
risk of injury associated with the product, and a determination 
that the rule imposes the least burdensome requirement which 
prevents or adequately reduces the risk of injury for which the 
rule is being promulgated. Section 2(b) would also eliminate 
the requirement of the Commission to rely upon a voluntary 
standard when the voluntary standard adequately addresses the 
risk of injury and there is likely to be substantial compliance 
with it. Other statutory requirements, however, such as those 
of the Regulatory Flexibility Act, Congressional Review Act, 
and National Environmental Policy Act, would continue to apply 
to the rulemaking.
    While the Committee has serious concerns about removing the 
important requirements of Section 9 of the CPSA, this child-
resistant gasoline container cap standard has been recognized 
as extremely effective. In the interest of protecting children 
from potential harm, the Committee believes that the removal of 
these requirements is in the public interest in this instance.
    Section 2(c) defines ``portable gasoline container'' as any 
portable gasoline container intended for use by consumers.
    Section 2(d) provides that, in the event that ASTM proposes 
in the future to revise the child resistance requirements of 
ASTM F2517-05, ASTM is required to notify the CPSC. The CPSC 
then has 60 days to consider the proposed change. If the CPSC 
does not affirmatively notify ASTM that the proposed change 
does not meet requirements for protecting the public safety, 
the revised standard will replace the standard set forth in 
this legislation and be considered a consumer product safety 
rule under section 9.
    Section 2(e) provides that, in the event that the CPSC 
believes that there is a need to promulgate implementing 
regulations to carry out the purposes of this legislation, it 
may do so pursuant to the requirements of the Administrative 
Procedure Act, 5 U.S.C. 553. It need not follow the procedures 
set forth is sections 7 and 9 of the CPSA. Thus, any 
implementing regulations would take place in a two-part 
proceeding instead of the three-part proceeding required under 
sections 7 and 9. The bill does not anticipate, however, that 
implementing regulations should be necessary. The new standard 
thus may take effect one year after enactment without any 
further action by the CPSC.
    Section 2(f) requires, no later than two years after the 
date of enactment of this legislation, the CPSC to submit a 
report to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate. The report must discuss industry 
compliance with the new standard, CPSC enforcement actions, and 
incidents involving children interacting with portable gasoline 
cans, whether or not such cans are in compliance with the 
required standard.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    This legislation does not amend any existing Federal 
statute.