[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 814 Reported in House (RH)]






                                                 Union Calendar No. 228
110th CONGRESS
  1st Session
                                H. R. 814

                          [Report No. 110-367]

To require the Consumer Product Safety Commission to issue regulations 
mandating child-resistant closures on all portable gasoline containers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 5, 2007

 Mr. Moore of Kansas (for himself, Mr. Bachus, Mr. Burton of Indiana, 
 Mr. Clay, Mr. Cleaver, Mr. Coble, Mr. Cummings, Mr. Lincoln Davis of 
Tennessee, Mr. Gillmor, Mr. Gutierrez, Mr. Holden, Mr. Holt, Ms. Eddie 
 Bernice Johnson of Texas, Ms. Kaptur, Mr. Kennedy, Ms. Zoe Lofgren of 
   California, Mrs. McCarthy of New York, Mr. Michaud, Mr. Moran of 
Virginia, Mrs. Napolitano, Mr. Price of North Carolina, Ms. Schakowsky, 
Ms. Schwartz, Mr. Sherman, and Mr. Wynn) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

                            October 9, 2007

 Additional sponsors: Ms. Loretta Sanchez of California, Mr. Boswell, 
    Mr. Moran of Kansas, Mr. Hastings of Florida, Mr. Tierney, Mr. 
 Grijalva, Mr. Hinojosa, Mr. Ross, Mr. Honda, Ms. Woolsey, Mr. Barrow, 
Mr. Olver, Mr. Waxman, Mrs. Boyda of Kansas, Ms. Harman, and Mr. Gordon 
                              of Tennessee

                            October 9, 2007

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To require the Consumer Product Safety Commission to issue regulations 
mandating child-resistant closures on all portable gasoline containers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Children's Gasoline Burn 
Prevention Act''.</DELETED>

<DELETED>SEC. 2. CHILD-RESISTANT PORTABLE GASOLINE 
              CONTAINERS.</DELETED>

<DELETED>    (a) Consumer Product Safety Standard.--Within 180 days 
after the date of enactment of this Act, the Consumer Product Safety 
Commission shall promulgate, as final consumer product safety standards 
under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), 
child-resistance standards for closures on all portable gasoline 
containers. Such standards shall be substantially the same as the 
standard ASTM F2517-05, issued by ASTM International, or any successor 
standard issued by ASTM International.</DELETED>
<DELETED>    (b) Application of Certain Promulgation Requirements.--The 
requirements of subsections (a) through (f) of section 9 of the 
Consumer Product Safety Act (15 U.S.C. 2058 (a) through (f)) shall not 
apply to the consumer product safety standards required by subsection 
(a) of this section.</DELETED>
<DELETED>    (c) Definition.--As used in this Act, the term ``portable 
gasoline container'' means any portable gasoline container intended for 
use by consumers.</DELETED>
<DELETED>    (d) Effective Date.--The consumer product safety standard 
required by subsection (a) shall take effect on the date that is 6 
months after the date on which such standard shall be 
promulgated.</DELETED>
<DELETED>    (e) 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--</DELETED>
        <DELETED>    (1) the degree of industry compliance with the 
        standard promulgated under subsection (a);</DELETED>
        <DELETED>    (2) any enforcement actions brought by the 
        Commission to enforce such standard; and</DELETED>
        <DELETED>    (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)).</DELETED>

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)).
                                                 Union Calendar No. 228

110th CONGRESS

  1st Session

                               H. R. 814

                          [Report No. 110-367]

_______________________________________________________________________

                                 A BILL

To require the Consumer Product Safety Commission to issue regulations 
mandating child-resistant closures on all portable gasoline containers.

_______________________________________________________________________

                            October 9, 2007

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed