text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Cigarette Fire Safety Act of 2004''.
  
  SEC. 2. FINDINGS.
  
      The Congress makes the following findings:
              (1) Cigarette ignited fires are the leading cause of fire 
          deaths in the United States.
              (2) In 1999 there were 807 deaths from cigarette ignited 
          fires, 2,193 civilian injuries from such fires, and 
          $559,100,000 in property damage caused by such fires.
              (3) Nearly 100 children are killed each year from cigarette 
          related fires.
              (4) For over 20 years former Member of Congress Joseph 
          Moakley worked on behalf of burn victims, firefighters, and 
          every individual who has lost a loved one in a fire. By 
          securing enactment of the Cigarette Safety Act of 1984 and the 
          Fire Safe Cigarette Act of 1990, Joseph Moakley completed the 
          necessary technical work for a cigarette fire safety standard 
          and paved the way for a national 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) A 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 $4,600,000,000 per year.
              (7) It is appropriate that the regulatory expertise of the 
          Consumer Product Safety Commission be used to implement a 
          cigarette fire safety standard.
  
  SEC. 3. CIGARETTE FIRE SAFETY STANDARD.
  
      (a) In General.--
              (1) Requirement for standard.--Not later than 18 months 
          after the date of the enactment of this Act, the Commission 
          shall, by rule, prescribe one or more fire safety standards for 
          cigarettes that, except as provided in this Act, are 
          substantively the same as the standards set forth by the State 
          of New York in Part 429 of Title 18 of the Official Compilation 
          of Codes, Rules and Regulations of the State of New York, as 
          promulgated on December 31, 2003 (in this Act referred to as 
          the ``New York standard''), including the Appendix to such 
          Part.
              (2) Cigarettes with unique characteristics.--In adapting 
          section 4(c) of such Part 429, if the Commission determines 
          that a cigarette, because of its unique or nontraditional 
          characteristics, cannot be tested in accordance with the test 
          method prescribed by the Commission, the manufacturer of such 
          cigarette may propose a test method and performance standard 
          for such cigarette. If the Commission finds the proposed method 
          and standard to be equivalent to the test method and 
          performance standard otherwise established by the Commission, 
          the Commission may approve the method and standard and the 
          manufacturer of such cigarette may employ such test method and 
          performance standard to certify the cigarette pursuant to rules 
          prescribed by this Act.
              (3) Commission.--In this Act, the term ``Commission'' means 
          the Consumer Product Safety Commission.
      (b) Procedure.--
              (1) In general.--The rule under subsection (a), and any 
          modification thereof, shall be prescribed in accordance with 
          section 553 of title 5, United States Code.
              (2) Modifications.--
                      (A) Modification by sponsor.--If the sponsor of the 
                  testing methodology used under subsection (a)(2) 
                  modifies the testing methodology in any material 
                  respect, the sponsor shall notify the Commission of the 
                  modification, and the Commission may incorporate the 
                  modification in the rule prescribed under subsection 
                  (a) if the Commission determines that the modification 
                  will enhance a fire safety standard established under 
                  subsection (a)(2).
                      (B) Modification by commission.--The Commission may 
                  modify the rule prescribed under subsection (a), 
                  including the test requirements specified in subsection 
                  (a)(2), in whole or in part, only if the Commission 
                  determines that compliance with such modification is 
                  technically feasible and will enhance a fire safety 
                  standard established under that subsection. Any such 
                  modification shall not take effect earlier than 3 years 
                  after the date on which the rule is first issued.
              (3) Inapplicability of certain laws.--
                      (A) In general.--No Federal law or Executive order, 
                  including the laws listed in subparagraph (B) but not 
                  including chapters 5, 6, 7, and 8 of title 5, United 
                  States Code, commonly referred to as the Administrative 
                  Procedures Act, may be construed to apply to the 
                  promulgation of the rule required by subsection (a), or 
                  a modification of the rule under paragraph (2) of this 
                  subsection.
                      (B) Included laws.--The Federal laws referred to in 
                  subparagraph (A) include the following:
                              (i) The Consumer Product Safety Act (15 
                          U.S.C. 2051 et seq.).
                              (ii) Chapter 6 of title 5, United States 
                          Code.
                              (iii) The National Environmental Policy Act 
                          of 1969 (42 U.S.C. 4321 et seq.).
                              (iv) The Small Business Regulatory 
                          Enforcement Fairness Act of 1996 (Public Law 
                          104-121), and the amendments made by that Act.
      (c) Effective Date.--The Commission shall specify in the rule 
  prescribed under subsection (a) the effective date of the rule. The 
  effective date may not be later than 24 months after the date of the 
  enactment of this Act.
      (d) Treatment of Standard.--
              (1) In general.--The fire safety standard promulgated under 
          subsection (a) shall be treated as a consumer product safety 
          standard promulgated under the Consumer Product Safety Act (15 
          U.S.C. 2051 et seq.), except as provided in section 4.
              (2) Treatment of cigarettes.--A cigarette shall be treated 
          as a consumer product under section 3(a)(1)(B) of the Consumer 
          Product Safety Act (15 U.S.C. 2052(a)(1)(B)) for purposes of 
          this Act and for purposes of sections 17 and 18 of the Consumer 
          Product Safety Act (15 U.S.C. 2066, 2067).
  
  SEC. 4. PREEMPTION.
  
      (a) In General.--This Act, and any cigarette fire safety standard 
  established or modified pursuant to section 3, may not be construed to 
  preempt or otherwise affect in any way any law or regulation that 
  prescribes a fire safety standard for cigarettes--
              (1) set forth by the State of New York in the New York 
          standard; or
              (2) promulgated by any State that is more stringent than 
          the fire safety standard for cigarettes established under this 
          section.
      (b) Private Remedies.--The provisions of section 25 of the Consumer 
  Product Safety Act (15 U.S.C. 2074) shall apply with respect to the 
  fire safety standard promulgated under section 3(a) of this Act.
  
  SEC. 5. SCOPE OF JURISDICTION OF CONSUMER PRODUCT SAFETY COMMISSION.
  
      Except as otherwise provided in this Act, the Commission shall have 
  no jurisdiction over tobacco or tobacco products.
  
  SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
  
      (a) Authorization of Appropriations.--There is authorized to be 
  appropriated to the Consumer Product Safety Commission for fiscal year 
  2005, $2,000,000 for purposes of carrying out this Act.
      (b) Availability.--Amounts appropriated pursuant to subsection (a) 
  shall remain available until expended.
target: Cigarette Fire Safety Act of 2004 - Requires the Consumer Product Safety Commission to prescribe fire safety standards for cigarettes that, except as provided in this Act, are substantively the same as specified standards promulgated by the State of New York.
  
  Directs sponsors of testing methodologies employed under this Act to notify the Commission of any modifications in such methodologies. Authorizes the Commission to modify established fire safety standards to incorporate modifications that will enhance those standards.
  
  Requires fire safety standards promulgated under this Act to be treated as consumer product safety standards, and directs that cigarettes shall be treated as consumer products, under the Consumer Product Safety Act (CPSA).
  
  Precludes the preemption by this Act of the New York standard or more stringent fire safety standards for cigarettes promulgated by any State.
  
  Makes the CPSA's private remedy provisions applicable to fire safety standards promulgated under this Act.
  
  Denies the Commission any jurisdiction over tobacco or tobacco products except as provided in this Act.
feat_title: A bill to provide for fire safety standards for cigarettes, and for other purposes.