text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as ``Joseph Moakley Memorial Fire Safe 
  Cigarette Act of 2002''.
  
  SEC. 2. FINDINGS.
  
      Congress makes the following findings:
              (1) Cigarette ignited fires are the leading cause of fire 
          deaths in the United States.
              (2) In 1998 there were 903 deaths from cigarette ignited 
          fires, 2,453 civilian injuries from such fires, and 
          $411,700,000 in property damage caused by such fires.
              (3) Nearly 100 children are killed each year from cigarette 
          related fires.
              (4) The results accomplished under the Cigarette Safety Act 
          of 1984 and the Fire Safe Cigarette Act of 1990 complete the 
          necessary technical work for a cigarette fire safety standard.
              (5) It is appropriate for 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 a 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 to reduce the risk of ignition presented by 
          cigarettes.
              (2) General test requirements.--
                      (A) Testing methodology.--Except as provided in 
                  paragraph (3), in establishing standards under 
                  paragraph (1), the Commission shall use the testing 
                  methodology for determining the ignition propensity of 
                  cigarettes referred to in ``Relative Ignition 
                  Propensity of Test Market Cigarettes--National 
                  Institute of Standards and Technology--NIST Technical 
                  Note 1436, January, 2001--Appendix D: Cigarette 
                  Extinction Method'', together with any requirements 
                  specified in this paragraph.
                      (B) Additional requirement.--Testing shall be 
                  conducted on 10 layers of filter paper, as described in 
                  the testing methodology referred to in subparagraph 
                  (A).
                      (C) Complete test trial.--Forty replicate tests 
                  shall be required to comprise a complete test trial for 
                  each cigarette tested. Test results and the application 
                  of an acceptance criterion shall be derived only for 
                  complete test trials comprised of 40 replicate tests.
                      (D) Test failure.--A test failure shall consist of 
                  more than 25 percent of the cigarettes tested in a test 
                  trial failing to self-extinguish before burning the 
                  full length of the tobacco column.
              (3) Cigarettes with unique characteristics.--In 
          establishing standards under paragraph (1) with respect to a 
          cigarette that cannot be tested using the testing methodology 
          referred to in paragraph (2) because of unique or 
          nontraditional characteristics, the Commission shall accept a 
          testing methodology and acceptance criterion that are proposed 
          by the manufacturer or manufacturers of the cigarette if the 
          Commission, after review of the application of the proposed 
          testing methodology and acceptance criterion, determines that 
          the cigarette has an ignition propensity equivalent to or less 
          than cigarettes that pass the acceptance criterion referred to 
          in paragraph (2).
              (4) Cigarette paper.--In addition to establishing standards 
          under paragraph (1), the Commission may also regulate the 
          ignition propensity of cigarette paper for roll-your-own 
          tobacco products.
              (5) Exercise of authority.--If the Commission does not 
          prescribe the standard required by paragraph (1) within the 
          time specified in that paragraph, paragraph (1) shall continue 
          to apply, and the provisions of paragraph (2) shall be in 
          effect as a consumer product safety standard under the Consumer 
          Product Safety Act (15 U.S.C. 2051 et seq.) until the 
          Commission prescribes the standard under paragraph (1).
      (b) Stockpiling.--
              (1) In general.--The Commission shall include in the rule 
          prescribed under subsection (a) a prohibition on the 
          stockpiling of cigarettes to which the fire safety standards in 
          the rule will apply.
              (2) Stockpiling defined.--In this subsection, the term 
          ``stockpiling'', in the case of a cigarette to which a standard 
          under subsection (a) will apply, means the manufacturing or 
          importing of the cigarette, between the date the standard is 
          issued and the date the standard takes effect, at a rate 
          greater than the rate the cigarette was manufactured or 
          imported during the one-year period ending on the date the 
          standard is issued.
      (c) Procedure.--
              (1) In general.--The rule under subsection (a), and any 
          modification thereof, shall be prescribed in accordance with 
          the provisions of section 553 of title 5, United States Code.
              (2) Modifications.--
                      (A) Modification by sponsor.--If the sponsor of the 
                  testing methodology 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, 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.--No Federal law, or 
          any Executive order, other than the rulemaking and review 
          provisions of title 5, United States Code, that are commonly 
          referred to as the Administrative Procedures Act, may be 
          construed to apply to the promulgation of the rule required by 
          subsection (a), or the modification of the rule under paragraph 
          (2), including the following:
                      (A) The Consumer Product Safety Act (15 U.S.C. 2051 
                  et seq.).
                      (B) Chapter 6 of title 5, United States Code.
                      (C) The National Environmental Policy Act of 1969 
                  (42 U.S.C. 4321 et seq.).
                      (D) The Small Business Regulatory Enforcement 
                  Fairness Act of 1996 (Public Law 104-121), and the 
                  amendments made by that Act.
      (d) 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 30 months after the date of the 
  enactment of this Act.
      (e) 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.).
              (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 
          implementing and enforcing compliance with this Act and the 
          standard promulgated under this Act, including 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 under section 3, may not be construed to preempt or 
  otherwise affect in any way any law or regulation of a State or 
  political subdivision thereof which prescribes a fire safety standard 
  for cigarettes which is more stringent than a fire safety standard 
  established under section 3.
      (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 subsection (a).
  
  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. DEFINITIONS.
  
      In this Act:
              (1) Commission.--The term ``Commission'' means the Consumer 
          Product Safety Commission.
              (2) Cigarette.--The term ``cigarette'' has the meaning 
          given that term in section 3(1) of the Federal Cigarette 
          Labeling and Advertising Act (15 U.S.C. 1332(1)).
  
  SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
  
      (a) Authorization of Appropriations.--There is hereby authorized to 
  be appropriated to the Consumer Product Safety Commission for fiscal 
  year 2002, $2,000,000 for purposes of carrying out this Act.
      (b) Availability.--Amounts authorized to be appropriated by 
  subsection (a) shall remain available until expended.
target: Joseph Moakley Memorial Fire Safe Cigarette Act of 2002 - Directs the Consumer Product Safety Commission to prescribe fire safety standards for cigarettes to reduce the risk of ignition presented by cigarettes (including a proscription against the stockpiling of cigarettes to which the fire safety standards will apply).Sets forth general test requirements.Denies the Commission any jurisdiction over tobacco or tobacco products except as provided in this Act.
feat_title: To provide for fire safety standards for cigarettes, and for other purposes.