[Congressional Record Volume 157, Number 119 (Monday, August 1, 2011)]
[House]
[Pages H5823-H5828]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROVIDING GREATER AUTHORITY AND DISCRETION TO CONSUMER PRODUCT SAFETY
COMMISSION
Mrs. BONO MACK. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2715) to provide the Consumer Product Safety Commission with
greater authority and discretion in enforcing the consumer product
safety laws, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2715
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. LIMITATION ON LEAD IN CHILDREN'S PRODUCTS.
(a) Prospective Application of Lead Limit for Children's
Products.--Section 101(a) of the Consumer Product Safety
Improvement Act of 2008 (15 U.S.C. 1278a(a)) is amended by
adding at the end the following:
``(3) Application.--Each limit set forth in paragraph (2)
(except for the limit set forth in subparagraphs (A) and (B))
shall apply only to a children's product (as defined in
section 3(a) of the Consumer Product Safety Act (15 U.S.C.
2052(a))) that is manufactured after the effective date of
such respective limit.''.
(b) Alternative Limits and Exceptions.--Section 101(b) of
such Act (15 U.S.C. 1278a(b)(1)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Functional purpose exception.--
``(A) In general.--The Commission, on its own initiative or
upon petition by an interested party, shall grant an
exception to the limit in subsection (a) for a specific
product, class of product, material, or component part if the
Commission, after notice and a hearing, determines that--
``(i) the product, class of product, material, or component
part requires the inclusion of lead because it is not
practicable or not technologically feasible to manufacture
such product, class of product, material, or component part,
as the case may be, in accordance with subsection (a) by
removing the excessive lead or by making the lead
inaccessible;
``(ii) the product, class of product, material, or
component part is not likely to be placed in the mouth or
ingested, taking into account normal and reasonably
foreseeable use and abuse of such product, class of product,
material, or component part by a child; and
``(iii) an exception for the product, class of product,
material, or component part will have no measurable adverse
effect on public health or safety, taking into account normal
and reasonably foreseeable use and abuse.
``(B) Measurement.--For purposes of subparagraph (A)(iii),
there is no measurable adverse effect on public health or
safety if the exception described in subparagraph (A) will
result in no measurable increase in blood lead levels of a
child. The Commission may adopt an alternative method of
measurement other than blood lead levels if it determines,
after notice and a hearing, that such alternative method is a
better scientific method for measuring adverse effect on
public health and safety.
``(C) Procedures for granting exception.--
``(i) Burden of proof.--A party seeking an exception under
subparagraph (A) has the burden of demonstrating that it
meets the requirements of such subparagraph.
``(ii) Grounds for decision.--In the case where a party has
petitioned for an exception, in determining whether to grant
the exception, the Commission may base its decision solely on
the materials presented by the party seeking the exception
and any materials received through notice and a hearing.
``(iii) Admissible evidence.--In demonstrating that it
meets the requirements of subparagraph (A), a party seeking
an exception under such subparagraph may rely on any
nonproprietary information submitted by any other party
seeking such an exception and such information shall be
considered part of the record presented by the party that
relies on that information.
``(iv) Scope of exception.--If an exception is sought for
an entire product, the burden is on the petitioning party to
demonstrate that the criteria in subparagraph (A) are met
with respect to every accessible component or accessible
material of the product.
``(D) Limitation on exception.--If the Commission grants an
exception for a product, class of product, material, or
component part under subparagraph (A), the Commission may, as
necessary to protect public health or safety--
``(i) establish a lead limit that such product, class of
product, material, or component part may not exceed; or
``(ii) place a manufacturing expiration date on such
exception or establish a schedule after which the
manufacturer of such product, class of product, material, or
component part shall be in full compliance with the limit
established under clause (i) or the limit set forth in
subsection (a).
``(E) Application of exception.--An exception under
subparagraph (A) for a product, class of product, material,
or component part shall apply regardless of the date of
manufacture unless the Commission expressly provides
otherwise.
``(F) Previously submitted petitions.--A party seeking an
exception under this paragraph may rely on materials
previously submitted in connection with a petition for
exclusion under this section. In such cases, petitioners must
notify the Commission of their intent to rely on materials
previously submitted. Such reliance does not affect
petitioners' obligation to demonstrate that they meet all
requirements of this paragraph as required by subparagraph
(C)(i).'';
(2) in paragraph (2)(A), by striking ``include to,'' and
inserting ``include''; and
(3) by redesignating paragraph (5) as paragraph (8) and
inserting after paragraph (4) the following:
``(5) Exception for off-highway vehicles.--
``(A) In general.--Subsection (a) shall not apply to an
off-highway vehicle.
``(B) Off-highway vehicle defined.--For purposes of this
section, the term `off-highway vehicle'--
``(i) means any motorized vehicle--
``(I) that is manufactured primarily for use off public
streets, roads, and highways;
``(II) designed to travel on 2, 3, or 4 wheels; and
``(III) that has either--
``(aa) a seat designed to be straddled by the operator and
handlebars for steering control; or
``(bb) a nonstraddle seat, steering wheel, seat belts, and
roll-over protective structure; and
``(ii) includes a snowmobile.
``(6) Bicycles and related products.--In lieu of the lead
limits established in subsection (a)(2), the limits set forth
for each respective material in the notice of the Commission
entitled `Notice of Stay of Enforcement Pertaining to
Bicycles and Related Products', published June 30, 2009 (74
Fed. Reg. 31254), shall apply to any metal component part of
the products to which the stay of enforcement described in
such notice applies, except that after December 31, 2011, the
limits set forth in such notice shall not be more than 300
parts per million total lead content by weight for any metal
component part of the products to which such stay pertains.
``(7) Exclusion of certain used children's products.--
``(A) General exclusion.--The lead limits established under
subsection (a) shall not apply to a used children's product.
``(B) Definition.--In this paragraph, the term `used
children's product' means a children's product (as defined in
section 3(a) of the Consumer Product Safety Act (15 U.S.C.
2052(a)) that was obtained by the seller for use and not for
the purpose of resale or was
[[Page H5824]]
obtained by the seller, either directly or indirectly, from a
person who obtained such children's product for use and not
for the purpose of resale. Such term also includes a
children's product that was donated to the seller for
charitable distribution or resale to support charitable
purposes. Such term shall not include--
``(i) children's metal jewelry;
``(ii) any children's product for which the donating party
or the seller has actual knowledge that the product is in
violation of the lead limits in this section; or
``(iii) any other children's product or product category
that the Commission determines, after notice and a hearing.
For purposes of this definition, the term `seller' includes a
person who lends or donates a used children's product.''.
SEC. 2. APPLICATION OF THIRD PARTY TESTING REQUIREMENTS.
(a) In General.--Section 14(d) of the Consumer Product
Safety Act (15 U.S.C. 2063(d)) is amended--
(1) in paragraph (2)(B)(ii), by striking ``random'' and
inserting ``representative''; and
(2) by adding at the end the following:
``(3) Reducing third party testing burdens.--
``(A) Assessment.--Not later than 60 days after the date of
enactment of this paragraph, the Commission shall seek public
comment on opportunities to reduce the cost of third party
testing requirements consistent with assuring compliance with
any applicable consumer product safety rule, ban, standard,
or regulation. The request for public comment shall include
the following:
``(i) The extent to which the use of materials subject to
regulations of another government agency that requires third
party testing of those materials may provide sufficient
assurance of conformity with an applicable consumer product
safety rule, ban, standard, or regulation without further
third party testing.
``(ii) The extent to which modification of the
certification requirements may have the effect of reducing
redundant third party testing by or on behalf of 2 or more
importers of a product that is substantially similar or
identical in all material respects.
``(iii) The extent to which products with a substantial
number of different components subject to third party testing
may be evaluated to show compliance with an applicable rule,
ban, standard, or regulation by third party testing of a
subset of such components selected by a third party
conformity assessment body.
``(iv) The extent to which manufacturers with a substantial
number of substantially similar products subject to third
party testing may reasonably make use of sampling procedures
that reduce the overall test burden without compromising the
benefits of third party testing.
``(v) The extent to which evidence of conformity with other
national or international governmental standards may provide
assurance of conformity to consumer product safety rules,
bans, standards, or regulations applicable under this Act.
``(vi) The extent to which technology, other than the
technology already approved by the Commission, exists for
third party conformity assessment bodies to test or to screen
for testing consumer products subject to a third party
testing requirement.
``(vii) Other techniques for lowering the cost of third
party testing consistent with assuring compliance with the
applicable consumer product safety rules, bans, standards,
and regulations.
``(B) Regulations.--Following the public comment period
described in subparagraph (A), but not later than 1 year
after the date of enactment of this paragraph, the Commission
shall review the public comments and may prescribe new or
revised third party testing regulations if it determines that
such regulations will reduce third party testing costs
consistent with assuring compliance with the applicable
consumer product safety rules, bans, standards, and
regulations.
``(C) Report.--If the Commission determines that it lacks
authority to implement an opportunity for reducing the costs
of third-party testing consistent with assuring compliance
with the applicable consumer product safety rules, bans,
standards, and regulations, it shall transmit a report to
Congress reviewing those opportunities, along with any
recommendations for any legislation to permit such
implementation.
``(4) Special rules for small batch manufacturers.--
``(A) Special consideration; exemption.--
``(i) Consideration; alternative requirements.--Subject to
subparagraph (C), in implementing third party testing
requirements under this section, the Commission shall take
into consideration any economic, administrative, or other
limits on the ability of small batch manufacturers to comply
with such requirements and shall, after notice and a hearing,
provide alternative testing requirements for covered products
manufactured by small batch manufacturers in lieu of those
required under subsection (a) or (b). Any such alternative
requirements shall provide for reasonable methods to assure
compliance with any applicable consumer product safety rule,
ban, standard, or regulation. The Commission may allow such
alternative testing requirements for small batch
manufacturers with respect to a specific product or product
class or with respect to a specific safety rule, ban,
standard, or regulation, or portion thereof.
``(ii) Exemption.--If the Commission determines that no
alternative testing requirement is available or economically
practicable, it shall exempt small batch manufacturers from
third party testing requirements under subsections (a) and
(b).
``(iii) Certification.--In lieu of or as part of any
alternative testing requirements provided under clause (i),
the Commission may allow certification of a product to an
applicable consumer product safety rule, ban, standard, or
regulation, or portion thereof, based on documentation that
the product complies with another national or international
governmental standard or safety requirement that the
Commission determines is the same or more stringent than the
consumer product safety rule, ban, standard, or regulation,
or portion thereof. Any such certification shall only be
allowed to the extent of the equivalency with a consumer
product safety rule, ban, standard, or regulation and not to
any other part of the consumer product safety rule, ban,
standard, or regulation.
``(iv) Restriction.--Except as provided in subparagraph
(C), and except where the Commission determines that the
manufacturer does not meet the definition of a small batch
manufacturer, for any small batch manufacturer registered
pursuant to subparagraph (B), the Commission may not require
third party testing of a covered product by a third party
conformity assessment body until the Commission has provided
either an alternative testing requirement or an exemption in
accordance with clause (i) or (ii), respectively.
``(B) Registration.--Any small batch manufacturer that
utilizes alternative requirements or an exemption under this
paragraph shall register with the Commission prior to using
such alternative requirements or exemptions pursuant to any
guidelines issued by the Commission to carry out this
requirement.
``(C) Limitation.--The Commission shall not provide or
permit to continue in effect any alternative requirements or
exemption from third party testing requirements under this
paragraph where it determines, based on notice and a hearing,
that full compliance with subsection (a) or (b) is reasonably
necessary to protect public health or safety. The Commission
shall not provide any alternative requirements or exemption
for--
``(i) any of the third party testing requirements described
in clauses (i) through (v) of subsection (a)(3)(B); or
``(ii) durable infant or toddler products, as defined in
section 104(f) of the Consumer Product Safety Improvement Act
of 2008 (15 U.S.C. 2056a(f)).
``(D) Subsequent manufacturer.--Nothing in this paragraph
shall be construed to affect third party testing or any other
requirements with respect to a subsequent manufacturer or
other entity that uses components provided by one or more
small batch manufacturers.
``(E) Definitions.--For purposes of this paragraph--
``(i) the term `covered product' means a consumer product
manufactured by a small batch manufacturer where no more than
7,500 units of the same product were manufactured in the
previous calendar year; and
``(ii) the term `small batch manufacturer' means a
manufacturer that had no more than $1,000,000 in total gross
revenue from sales of all consumer products in the previous
calendar year. The dollar amount contained in this paragraph
shall be adjusted annually by the percentage increase in the
Consumer Price Index for all urban consumers published by the
Department of Labor.
For purposes of determining the total gross revenue for all
sales of all consumer products of a manufacturer under this
subparagraph, such total gross revenue shall be considered to
include all gross revenue from all sales of all consumer
products of each entity that controls, is controlled by, or
is under common control with such manufacturer. The
Commission shall take steps to ensure that all relevant
business affiliations are considered in determining whether
or not a manufacturer meets this definition.
``(5) Exclusion from third party testing.--
``(A) Certain printed materials.--
``(i) In general.--The third party testing requirements
established under subsection (a) shall not apply to ordinary
books or ordinary paper-based printed materials.
``(ii) Definitions.--
``(I) Ordinary book.--The term `ordinary book' means a book
printed on paper or cardboard, printed with inks or toners,
and bound and finished using a conventional method, and that
is intended to be read or has educational value. Such term
does not include books with inherent play value, books
designed or intended for a child 3 years of age or younger,
and does not include any toy or other article that is not a
book that is sold or packaged with an ordinary book.
``(II) Ordinary paper-based printed materials.--The term
`ordinary paper-based printed materials' means materials
printed on paper or cardboard, such as magazines, posters,
greeting cards, and similar products, that are printed with
inks or toners and bound and finished using a conventional
method.
``(III) Exclusions.--Such terms do not include books or
printed materials that contain components that are printed on
material other than paper or cardboard or contain nonpaper-
based components such as metal or plastic parts or
accessories that are not part of the binding and finishing
materials used in a conventional method.
[[Page H5825]]
``(B) Metal component parts of bicycles.--The third party
testing requirements established under subsection (a) shall
not apply to metal component parts of bicycles with respect
to compliance with the lead content limits in place pursuant
to section 101(b)(6) of the Consumer Product Safety
Improvement Act of 2008.''.
(b) Prohibited Act.--Section 19(a)(14) of the Consumer
Product Safety Act (15 U.S.C. 2068(a)(14)) is amended by
striking the period and inserting ``, or to subdivide the
production of any children's product into small quantities
that have the effect of evading any third party testing
requirements under section 14(a)(2);''.
SEC. 3. APPLICATION OF AND PROCESS FOR UPDATING DURABLE
NURSERY PRODUCTS STANDARDS.
(a) Updating Standard.--Section 104(b) of the Consumer
Product Safety Improvement Act of 2008 (15 U.S.C. 2056a(b))
is amended by adding at the end the following:
``(4) Process for considering subsequent revisions to
voluntary standard.--
``(A) Notice of adoption of voluntary standard.--When the
Commission promulgates a consumer product safety standard
under this subsection that is based, in whole or in part, on
a voluntary standard, the Commission shall notify the
organization that issued the voluntary standard of the
Commission's action and shall provide a copy of the consumer
product safety standard to the organization.
``(B) Commission action on revised voluntary standard.--If
an organization revises a standard that has been adopted, in
whole or in part, as a consumer product safety standard under
this subsection, it shall notify the Commission. The revised
voluntary standard shall be considered to be a consumer
product safety standard issued by the Commission under
section 9 of the Consumer Product Safety Act (15 U.S.C.
2058), effective 180 days after the date on which the
organization notifies the Commission (or such later date
specified by the Commission in the Federal Register) unless,
within 90 days after receiving that notice, the Commission
notifies the organization that it has determined that the
proposed revision does not improve the safety of the consumer
product covered by the standard and that the Commission is
retaining the existing consumer product safety standard.''.
(b) Application of Standard.--Section 104(c) of the
Consumer Product Safety Improvement Act of 2008 (15 U.S.C.
2056a(c)) is amended by redesignating paragraph (3) as
paragraph (4) and inserting after paragraph (2) the
following:
``(3) Application of any revision.--With respect to any
revision of the standard promulgated under subsection
(b)(1)(B) subsequent to the initial promulgation of a
standard under such subsection, paragraph (1) shall apply
only to a person that manufactures or imports cribs, unless
the Commission determines that application to any other
person described in paragraph (2) is necessary to protect
against an unreasonable risk to health or safety. If the
Commission determines that application to a person described
in paragraph (2) is necessary, it shall provide not less than
12 months for such person to come into compliance.''.
SEC. 4. APPLICATION OF SECTION 106 TO FDA-REGULATED PRODUCTS.
Section 106(a) of the Consumer Product Safety Improvement
Act of 2008 (15 U.S.C. 2056b(a)) is amended by inserting ``or
any provision that restates or incorporates a regulation
promulgated by the Food and Drug Administration or any
statute administered by the Food and Drug Administration''
after ``or by statute''.
SEC. 5. APPLICATION OF PHTHALATES LIMIT.
(a) Accessible, Plasticized Component Parts.--Section 108
of the Consumer Product Safety Improvement Act of 2008 (15
U.S.C. 2057c) is amended--
(1) by redesignating subsections (c) through (e) as
subsections (e) through (g), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Application.--Effective on the date of enactment of
this Act, subsections (a) and (b)(1) and any rule promulgated
under subsection (b)(3) shall apply to any plasticized
component part of a children's toy or child care article or
any other component part of a children's toy or child care
article that is made of other materials that may contain
phthalates.
``(d) Exclusion for Inaccessible Component Parts.--
``(1) In general.--The prohibitions established under
subsections (a) and (b) shall not apply to any component part
of a children's toy or child care article that is not
accessible to a child through normal and reasonably
foreseeable use and abuse of such product, as determined by
the Commission. A component part is not accessible under this
paragraph if such component part is not physically exposed by
reason of a sealed covering or casing and does not become
physically exposed through reasonably foreseeable use and
abuse of the product. Reasonably foreseeable use and abuse
shall include swallowing, mouthing, breaking, or other
children's activities, and the aging of the product.
``(2) Limitation.--The Commission may revoke an exclusion
or all exclusions granted under paragraph (1) at any time and
require that any or all component parts manufactured after
such exclusion is revoked comply with the prohibitions
established under subsections (a) and (b) if the Commission
finds, based on scientific evidence, that such compliance is
necessary to protect the public health or safety.
``(3) Inaccessibility proceeding.--Within 1 year after the
date of enactment of this subsection, the Commission shall--
``(A) promulgate a rule providing guidance with respect to
what product components, or classes of components, will be
considered to be inaccessible for purposes of paragraph (1);
or
``(B) adopt the same guidance with respect to
inaccessibility that was adopted by the Commission with
regards to accessibility of lead under section 101(b)(2)(B),
with additional consideration, as appropriate, of whether
such component can be placed in a child's mouth.
``(4) Application pending commission guidance.--Until the
Commission promulgates a rule pursuant to paragraph (3), the
determination of whether a product component is inaccessible
to a child shall be made in accordance with the requirements
laid out in paragraph (1) for considering a component to be
inaccessible to a child.''.
SEC. 6. AUTHORITY TO MODIFY TRACKING LABELS REQUIREMENT.
Section 14(a)(5) of the Consumer Product Safety Act (15
U.S.C. 2063(a)(5)) is amended--
(1) by striking ``Effective 1 year'' and inserting ``(A)
Effective 1 year'';
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively; and
(3) by adding at the end the following:
``(B) The Commission may, by regulation, exclude a specific
product or class of products from the requirements in
subparagraph (A) if the Commission determines that it is not
practicable for such product or class of products to bear the
marks required by such subparagraph. The Commission may
establish alternative requirements for any product or class
of products excluded under the preceding sentence consistent
with the purposes described in clauses (i) and (ii) of
subparagraph (A).''.
SEC. 7. IMPROVED PRODUCT IDENTIFICATION FOR PUBLIC DATABASE.
Section 6A(c) of the Consumer Product Safety Act (15 U.S.C.
2055a(c)) is amended--
(1) in paragraph (3)(A), by inserting ``or paragraph (5)''
after ``paragraph (4)(A)'';
(2) in paragraph (4)(A), by striking ``determines that the
information in such report or comment is materially
inaccurate, the Commission shall--'' and inserting ``receives
notice that the information in such report or comment is
materially inaccurate, the Commission shall stay the
publication of the report on the database as required under
paragraph (3) for a period of no more than 5 additional days.
If the Commission determines that the information in such
report or comment is materially inaccurate, the Commission
shall--''; and
(3) by adding at the end the following new paragraph:
``(5) Obtaining certain product identification
information.--
``(A) In general.--If the Commission receives a report
described in subsection (b)(1)(A) that does not include the
model or serial number of the consumer product concerned, the
Commission shall seek from the individual or entity
submitting the report such model or serial number or, if such
model or serial number is not available, a photograph of the
product. If the Commission obtains information relating to
the serial or model number of the product or a photograph of
the product, it shall immediately forward such information to
the manufacturer of the product. The Commission shall make
the report available in the database on the 15th business day
after the date on which the Commission transmits the report
under paragraph (1) and shall include in the database any
additional information about the product obtained under this
paragraph.
``(B) Rule of construction.--Nothing in this paragraph
shall be construed to--
``(i) permit the Commission to delay transmission of the
report under paragraph (1) until the Commission has obtained
the model or serial number or a photograph of the consumer
product concerned; or
``(ii) make inclusion in the database of a report described
in subsection (b)(1)(A) contingent on the availability of the
model or serial number or a photograph of the consumer
product concerned.''.
SEC. 8. SUBPOENA AUTHORITY.
Section 27(b) of the Consumer Product Safety Act (15 U.S.C.
2076(b)) is amended--
(1) in paragraph (3), by inserting ``and physical'' after
``documentary'';
(2) in paragraph (8), by striking ``and'';
(3) by redesignating paragraph (9) as paragraph (10) and
inserting after paragraph (8) the following:
``(9) to delegate to the general counsel of the Commission
the authority to issue subpoenas solely to Federal, State, or
local government agencies for evidence described in paragraph
(3); and''; and
(4) in paragraph (10) (as so redesignated), by inserting
``(except as provided in paragraph (9))'' after ``paragraph
(3)''.
SEC. 9. DEADLINE FOR RULE BY CONSUMER PRODUCT SAFETY
COMMISSION ON STANDARDS FOR ALL TERRAIN
VEHICLES.
The Commission shall issue the final rule described in
section 42(d) of the Consumer Product Safety Act (15 U.S.C.
2089(d)) not later than one year after the date of enactment
of this Act.
[[Page H5826]]
SEC. 10. TECHNICAL AMENDMENTS.
(a) CPSA.--Section 14 of the Consumer Product Safety Act
(15 U.S.C. 2063) is further amended by redesignating the
second subsection (d) as subsection (i).
(b) CPSIA.--Section 101(a)(1) of the Consumer Product
Safety Improvement Act of 2008 (15 U.S.C. 1278a(a)(1)) is
amended by striking ``(as defined in section 3(a)(16) of the
Consumer Product Safety Act (15 U.S.C. 2052(a)(16)))'' and
inserting ``(as defined in section 3(a) of the Consumer
Product Safety Act (15 U.S.C. 2052(a)))''.
SEC. 11. EFFECTIVE DATE.
Except as provided otherwise, the amendments made by this
Act shall take effect on the date of enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Mrs. Bono Mack) and the gentleman from North Carolina (Mr.
Butterfield) each will control 20 minutes.
The Chair recognizes the gentlewoman from California.
General Leave
Mrs. BONO MACK. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days within which to revise and extend their remarks
on this legislation and to insert extraneous material on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
{time} 1250
Mrs. BONO MACK. Mr. Speaker, I yield myself such time as I may
consume.
I rise today in support of H.R. 2715, a bill that modifies the
Consumer Product Safety Improvement Act of 2008, also called CPSIA, and
provides relief to address a number of unintended consequences that
arose after CPSIA became law.
This bill is a win-win. It is good for American consumers and
American businesses as well. It is also a bipartisan bill. And I want
to thank Energy and Commerce Committee Chairman Upton, as well as
Ranking Member Waxman and my counterpart, Mr. Butterfield, for all of
their hard work in getting this important bill to the floor today.
We passed CPSIA almost unanimously in 2008, and many of its features
have advanced the cause of children's safety. But there also have been
unintended consequences for many businesses, small and large alike. For
3 years now, we have heard the pleas of these businesses, asking for
relief from the CPSIA mandates. We have also heard from the CPSC that
it lacks the authority and flexibility to grant relief where needed.
On August 14, the last deadline looms, the final drop-down to the
0.01 percent lead content limit. Without swift action, we face empty
store shelves that have been cleared of perfectly safe products because
of what I believe was simply a drafting oversight. The bill makes the
August 14 limit prospective in nature, permitting retailers to sell
their existing inventory so long as it was made prior to August 14 and
is compliant with the current lead limit of 0.03 percent, which was
specifically approved by Congress for the last 2 years.
In a true spirit of bipartisanship, Ranking Members Waxman and
Butterfield agreed to act swiftly to address this situation. While we
don't necessarily agree on the best way to address all of the
unintended consequences of CPSIA, we move the bill in response to the
enormous threat facing stakeholders in the children's product industry
in just less than 2 weeks.
In addition to addressing the immediate deadline, this bill goes a
little farther to address the pain so many of our constituents are
facing. ATVs, bikes, books, things that were never intended to be
covered by the law but were ensnared by its wide reach nonetheless,
will no longer face an uncertain future and are exempted from testing
requirements.
Used children's products were also banned for sale as a result of the
2008 law. Thrift stores and charity retail outlets such as Goodwill
Industries and even the local church bazaars were forced to toss
anything made for a child under the age of 12 because it is impossible
to tell whether an item was made in compliance with the law without its
original packing or a dated sales receipt. As a result, the law
essentially made all used children's products contraband. This wasteful
result removed perfectly safe products from the reach of individuals
who rely on the value and savings such stores provide in order to
provide decent clothing for their children.
Manufacturers of other products will also see some relief from the
most costly mandate of the CPSIA--third-party testing and the
continuing compliance testing. This bill directs CPSC to seek comments
within 60 days on how the current third-party testing regime can be
altered to reduce costs.
Small batch manufacturers, who were among the hardest hit by CPSIA,
will also find some relief in this bill. These manufacturers are
generally stay-at-home moms with an entrepreneurial spirit or mom-and-
pop retail outlets that handpick unique toys and other items for sale
in their community. Almost universally, these small businesses got into
business because they wanted to ensure their own children had safe
toys. Almost universally, these small businesses have either closed
shop or are on the verge of closing shop because of the onerous
requirements of the CPSIA and the costs imposed.
The bill directs the Consumer Product Safety Commission to address
the special situation of these businesses by finding alternative, more
affordable testing methods or by exempting these businesses from
testing altogether if no such alternative exists.
The bill creates a functional purpose exception process that we hope
will give the CPSC more flexibility to exempt products from lead limits
where there is no health risk. The exception process created in the
original CPSIA has failed to permit a single exception for any
children's product from the statutory lead limits established in the
CPSIA, even in cases where the CPSC determined that such products pose
no risk to children.
We have a narrow window of opportunity to address those mandates that
threaten the survival of scores of businesses and the livelihoods of
the individuals and families those businesses support. And I would like
to thank the ranking member of the subcommittee, Mr. Butterfield, as
well as the ranking member of the Energy and Commerce Committee, Mr.
Waxman, as well as their staffs for working throughout the weekend to
find a compromise that we both can support.
I urge my colleagues to support this bill, and I reserve the balance
of my time.
Mr. BUTTERFIELD. Mr. Speaker, I yield myself such time as I may
consume.
I rise today in strong support of this very important bill. Almost 3
years ago, President Bush signed H.R. 4040, the Consumer Product Safety
Improvement Act, into law. While that bill passed this House by a vote
of 424 to 1, it soon became evident to all of us that providing some of
the extraordinary protections for children in that bill would be a
challenge for some businesses, especially our smallest manufacturers.
Many of them testified before our subcommittee, and we heard their
concerns.
So I have worked very closely with Chairman Bono Mack in crafting
this compromise to provide targeted and sensible relief for businesses
from some of CPSIA's requirements without sacrificing the health and
safety of our children. I am pleased that we are able to present it to
the House today for immediate consideration. The bill is a marked
change from where we started with H.R. 1939, and I am pleased with the
bipartisan changes reflected in today's bill.
Businesses are provided with relief through prospective application
of the 100 parts per million lead content limits. That means, Mr.
Speaker, businesses won't have to pull products from store shelves that
meet the current legal limit of 300 parts per million on the effective
date of the 100 parts per million limit. We also include an exemption
for off-road vehicles, like ATVs, snowmobiles, and dirt bikes, from
meeting the lead content limit. The safety of our young people is
paramount when designing and building off-road vehicles, and
constructing strong, rigid parts for these vehicles often requires more
lead than CPSIA would otherwise allow.
Further, the bill codifies a stay of enforcement by the CPSC with
respect to the lead content limit of bicycles until
[[Page H5827]]
December 31, 2011, and relaxes the ultimate lead content of bicycles to
300 parts per million.
This bill, Mr. Speaker, provides significant relief for small batch
manufacturers. I have a tremendous amount of respect for America's
small businesses and believe we must do all we can to protect them from
overly burdensome regulations. At the same time, though, we have an
obligation to protect America's children from potentially dangerous
products. The only way to know if those products are safe is to test
them.
Taking the unique circumstances of small batch manufacturers, the
bill requires CPSC, the Consumer Product Safety Commission, to consider
potential economic and administrative burdens to small batch
manufacturers when developing third-party testing requirements. It
further permits the CPSC to provide alternative testing requirements.
After notice and a hearing, if the commission determines there is no
economically practicable alternative, they can exempt the product from
third-party testing altogether.
I am pleased that this bill provides specific relief from testing for
ordinary books and magazines. Our colleague, Mr. Edolphus Towns from
New York, has been concerned about ordinary books becoming an
unintended consequence of the Consumer Product Safety Improvement Act.
Manufacturers of ordinary books and magazines should not be subject to
third-party testing. Still subject to testing will be books that have
plastic parts, like pop-up books, those with nonpaper-based
accessories, or anything else that has inherent play value.
I strongly support the consumer product safety information database
created by H.R. 4040, and that has been somewhat controversial. But I
support the database creation. It went live earlier this year and has
been extremely successful in helping to educate the public about
potentially unsafe products. This bill takes some sensible steps to
make the database even more effective.
The bill requires the commission, the Consumer Product Safety
Commission, to seek out more information about the products reported by
consumers to the database, like a product's serial number, a model
number, or a photograph of the product in question. I think the more
information that is provided, the better and more effective the
database will be for consumers and businesses alike.
Mr. Speaker, as I said earlier, I support this bill. I believe it
provides a strong compromise that will reduce burdens on businesses and
continue to protect American consumers.
{time} 1300
Again, I want to thank our distinguished chairman of the
subcommittee, Chairwoman Bono Mack, for working with me in a bipartisan
fashion to find solutions, commonsense, practical solutions for the
American people.
I thank the chairman of the subcommittee, the chairman of the full
committee, the ranking member of the full committee, all of the
stakeholders who had a part in crafting this compromise.
I reserve the balance of my time.
Mrs. BONO MACK. Mr. Speaker, I yield 3 minutes to the gentleman from
Montana (Mr. Rehberg).
Mr. REHBERG. First of all, Madam Chairman, thank you for the fine
work on this piece of legislation, something that's truly overdue.
Mr. Speaker, the difficulty we had was a number of years ago, a piece
of legislation went through this Congress with all the right things
attached. We wanted to address lead in children's toys. True to
Washington, D.C., form, the bureaucrats carried it to the extent that
no longer made any kind of a common sense.
When it came to time for the regulations to be crafted, I started
receiving phone calls from my motorized vehicle dealers around the
State of Montana, those that sold youth motorcycles, snowmobiles and
ATVs, and they were being told that they had to take those units out of
their showroom, eat the inventory, and could no longer sell their parts
for repairs. Why? Because there was lead in some of the repair parts or
on the units themselves.
Now, I don't know if there is anybody in America that allows their
children to chew on battery cables and valve stems, but they were
determined to be toys, and it doesn't make sense. I come from a
ranching family, and on my place we allow our children the opportunity
to be trained on the smaller units to herd our livestock for the
specific purpose that we don't want them on the larger vehicles. Try as
we might to get the administration to change their regulations, they
were not willing to do that.
Today we are dealing with H.R. 2715, and it addresses a very
important issue, kids just want to ride. They want the opportunity to
ride the motorized vehicles, whether it is a snowmobile, a 4-wheeler or
an ATV, for the specific purpose not just of recreation, but in a work
setting as well.
Because we could not make this change, we had to do it legislatively.
We were successful in putting on riders on the appropriations bill year
after year that said no money could be spent on the enforcement of this
particular piece of legislation and the rules and regulations that were
crafted thereafter. We will no longer have to do that with the passage
of this bill.
So it's with a great deal of appreciation that I say to Mrs. Bono
Mack, thank you for bringing this piece of legislation forward; for the
minority, thank you for your kind support as well in helping to move
this forward and ultimately we can make the right commonsense decision,
and that is to remove this aspect of this onerous regulation so once
again, a kid, children, can ride the right vehicles so they won't be on
the larger 4-wheel units, the larger snowmobiles and the larger
motorcycles.
Mr. BUTTERFIELD. I want to thank the gentleman from Montana for
working with us in crafting this compromise, and I hope he is satisfied
with the ATV component. He has worked very hard and his staff has
worked very hard to bring it to our attention.
Mr. Speaker, I yield such time as he may consume to the distinguished
ranking member of our full committee, the gentleman from California
(Mr. Waxman).
Mr. WAXMAN. Mr. Speaker, I rise in support of this bipartisan bill to
amend the Consumer Product Safety Improvement Act of 2008.
The 2008 act was a historic piece of legislation, both because of the
landmark health and safety protections in that bill for young children
and because of the near unanimous support for that legislation from
Democrats and Republicans. And it has been a success.
Because of the Consumer Product Safety Act, we now have in place
basic safety standards for keeping toxic lead and phthalates out of
children's products. The CPSC has made long overdue revisions to safety
standards for cribs. Manufacturers and retailers have begun the process
of testing to make sure children's products are proven safe before they
have been put on the store shelves and into the hands of children.
The Consumer Product Safety Commission, after years of atrophy due to
budget cuts and neglect, has been reinvigorated and become proactive,
rather than reactive. As a result, we have seen a decline in the number
of children's products that have to be pulled from homes and store
shelves. The agency is intercepting more dangerous products at the
border.
And, finally, the American public has since March had access to
consumer product safety information in a database that they can review
about injuries from consumer products. Consumers now have free and open
access to information that for too long remained hidden inside the
CPSC.
But like any law, the 2008 act had some rough edges that needed to be
smoothed out.
For example, there are some products that require a small amount of
lead to maintain their strength and durability and don't pose a serious
threat to public health or safety. ATVs and bicycles are examples of
these.
Some businesses expressed concern that they could find themselves
with inventory that meets the current legal limit of 300 parts per
million that can no longer be sold when the limit drops to 100 parts
per million on August 14, just 2 weeks away.
The smallest of small businesses are worried that they can't bear the
cost of complying with these requirements in the way that larger
businesses can.
This bill addresses these concerns without jeopardizing our
children's
[[Page H5828]]
safety. It is a compromise bill in the best sense.
Some Members on the other side wanted bigger changes to the 2008 act
and some Members on our side do not believe every provision in the bill
is needed. But thanks to the hard work of my colleagues, Mrs. Bono
Mack, Mr. Butterfield, Mr. Barton and Mr. Dingell, and the leadership
of Chairman Upton, we have arrived at a bill that I can support and
urge my colleagues to join in supporting as well.
I think we have struck the right balance. We have fixed valid
problems and keep in place valuable health and safety protections for
children. That has been my primary goal throughout this process.
It was a long road to get to this place and after many hours and many
months of tough negotiating, what we have here is a compromise that
epitomizes bipartisanship. Neither side got everything it wanted, but
both sides gave up enough that we were able to come up with something
that was sensible and reasonable and that we can move quickly through
this body. I hope the Senate sees it that way and can move quickly on
this bill.
We all share the belief that American businesses should be able to
grow and flourish. I also think we all share the belief that consumers,
especially children, deserve safe products.
Again, I commend Chairwoman Bono Mack and Chairman Upton for their
willingness to hear us out and to work with us. I thank Mr. Butterfield
for fighting for a balanced approach that keeps large and small
businesses competitive and continues to keep our children safe from
potentially dangerous products.
I also want to thank the other members of the Energy and Commerce
Committee that have been active and helped us to get to today,
including Mr. Dingell, Mr. Rush, Ms. Schakowsky, Mr. Markey, Mr. Towns,
Ms. DeGette, and Ms. Eshoo.
Mrs. BONO MACK. I reserve the balance of my time.
Mr. BUTTERFIELD. Mr. Speaker, it doesn't appear that I have any other
speakers on this side. I think their attention might be directed in
another direction today; so I am prepared to close.
Again, Mr. Speaker, I want to thank all of the individuals, all of
the Members, all of the staff who have played a part in crafting this
compromise. It's a good bipartisan compromise that we can all live
with. I look forward to the President signing it into law after the
Senate passes it, hopefully very soon, and hopefully our small
businesses will be able to continue to be profitable.
I yield back the balance of my time.
Mrs. BONO MACK. Mr. Speaker, I also just want to echo the sentiments
of both my colleagues who just spoke about the importance of this bill
and thank them for their cooperation and the hard work that they put
into this over the weekend. Again, I would like to thank the staffs of
both the minority and the majority side.
I have no further requests for time, and I yield back the balance of
my time.
Mr. DINGELL. Mr. Speaker, I rise as an original co-sponsor and in
strong support of H.R. 2715, a bill that will fix many of the
unintended consequences of the Consumer Product Safety Improvement Act
(CPSIA) of 2008. I, along with my colleagues, Messrs. Rush, Barton,
Whitfield, and Waxman, helped write CPSIA in response to the massive
influx of dangerous and tainted Chinese imports during what some have
termed ``the summer of recalls'' in 2007. The House's bill was
negotiated in a bipartisan manner. It was reported favorably by the
Committee on Energy and Commerce through a unanimous vote and then
passed by the full House, 407-1. Then our dear friends in the Senate
got hold of the bill, and we have been trying to fix the mess ever
since.
Although this process has taken over two-and-a-half years, I am
pleased that H.R. 2715 will solve in great measure the problems CPSIA
has caused. This bill will ensure that CPSIA's lead limits are
prospective. It will put in place a waiver process to exempt from
CPSIA's lead limits products that do not pose a danger to children's
health and safety. H.R. 2715 will make the common-sense clarification
that CPSIA's lead limits do not apply to bicycles, all-terrain vehicles
(ATVs), and books. Finally, the bill will allow the Commission
discretion to prescribe alternative third-party testing requirements
with a view toward helping smaller businesses with more finite
resources comply with the law. It bears mentioning that all of these
changes will not undo the strict protections built into CPSIA to keep
kids safe from dangerous products.
H.R. 2715's significant improvements to CPSIA come as a result of
bipartisan negotiation and cooperation. Despite the turmoil and rancor
in Congress over the past few months, this bill shows that the House of
Representatives can still legislate and do so in a manner befitting our
Founding Fathers' vision of representative government. I would like to
thank my friends and colleagues, Messrs. Upton, Waxman, and Butterfield
for their fine work on H.R. 2715. Mrs. Bono Mack, in particular,
deserves praise and congratulations for her success on this bill, her
first as Chairman of the Energy and Commerce Subcommittee on Commerce,
Manufacturing, and Trade. Although often overlooked, the work of staff
on H.R. 2715 demands deserved recognition, especially that of Gib
Mullan and Michelle Ash, Republican and Democratic counsels,
respectively. Their steadfast determination and hard work have made
this bill a reality.
Mr. Speaker, I urge all of my colleagues to vote in support of H.R.
2715 and in so doing help put CPSIA's long and storied legislative sage
to rest. We should all support this bill with the knowledge that it--in
a manner pleasing to Hippocrates--will do no harm. I pray our
colleagues in the other body will adhere to this principle in their
expeditious consideration of H.R. 2715.
Mr. TOWNS. Mr. Speaker, I rise today in strong support of this bi-
partisan legislation that will help protect consumers against dangerous
products that may do them harm. This legislation affects a broad
spectrum of our economy, from the manufacturers of toys to the children
that play with them. I am truly delighted that Democrats and
Republicans were able to come together to support a plan to increase
the safety of all children's products manufactured in this country. I
am also pleased that this bipartisan agreement addresses some of the
unintended consequences of the original legislation without sacrificing
the safety requirements that I believe are necessary to protect our
children.
Our committee has had several months of consultation with industry
officials to alleviate the burden placed on them by the Consumer
Product Safety Improvement Act's (CPSIA) new standards and regulations.
These common sense reforms such as allowing flexibility for the CPSC to
exempt specific products and exclude certain used children's products
were supported by many of the stakeholders that will be affected by the
legislation we are considering today.
I again want to commend Chairman Bono Mack and Ranking Member
Butterfield for coming together and bringing this improved legislation
to the floor. I encourage my colleagues to vote yes on this
legislation, I also urge my colleagues to continue to work together in
the spirit of bi-partisanship to protect the standards of safety that
our constituents demand of us.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Mrs. Bono Mack) that the House suspend the
rules and pass the bill, H.R. 2715.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mrs. BONO MACK. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
____________________