[Congressional Record Volume 153, Number 199 (Friday, December 28, 2007)]
[Extensions of Remarks]
[Pages E2667-E2668]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               CONSUMER PRODUCT SAFETY MODERNIZATION ACT

                                 ______
                                 

                               speech of

                          HON. JOHN D. DINGELL

                              of michigan

                    in the house of representatives

                      Wednesday, December 19, 2007

  Mr. DINGELL. Madam Speaker, I am submitting the following remarks for 
the record on H.R. 4040, the Consumer Product Safety Modernization Act 
of 2007, as clarification of House Report 110-501 to accompany the bill 
H.R. 4040, and which shall be considered part of the legislative 
history of this bill.
  H.R. 4040 was ordered favorably reported to the House, amended, by 
the Committee on Energy and Commerce on December 18, 2007, by a 
recorded vote of 51 yeas and 0 nays. This landmark legislation, which 
enjoys broad, bipartisan support, was brought up before the House the 
next day, December 19. In light of this expedited consideration, the 
Committee was forced to file its report on an accelerated schedule. The 
following remarks are offered to clarify the Committee's intent with 
respect to certain provisions of H.R. 4040.
  Section 101 establishes a Federal ban on lead in children's products 
beyond specified minute amounts, with section 101(a) addressing lead 
content in children's products. The intent of the Committee in 
providing a defined limit by weight is to establish a standard that is 
readily understood and easier to monitor for compliance. The 
Committee's primary goal is to provide standards that eliminate 
children's exposure to lead from toys and other children's products, 
and thereby further reduce the potential for harm to children's health.
  The exception in paragraph (6) for inaccessible component parts that 
are contained in sealed coverings and casings is intended primarily for 
sealed electronic devices where component electrical parts and lead 
solder are necessary for the device to function.
  Subsection (b) applies to lead paint in children's products. The 
alternative measure provided for in paragraph (1)(C) is intended to 
enable the Consumer Product Safety Commission, CPSC, to inspect more 
products and enforce the paint levels in less time than would otherwise 
occur if they were confined to testing products in the agency's 
laboratory.
  In administering subsection (c), which gives the CPSC authority to 
extend, by rule, the implementation period for the new lead standards 
for an additional 180 days, the Committee expects the CPSC to give 
careful consideration to the effect on small- and medium-sized 
enterprises. The Committee intends for the agency to put the public 
health and safety first, but within that construct also to work with 
small- and medium-sized enterprises that may be disproportionately 
affected to help them to achieve compliance in a timely manner. In

[[Page E2668]]

general, this section is intended to authorize the granting of a modest 
time extension for manufacturers encountering unexpected technical or 
technological challenges in complying with the lead standard. The 
Committee expects that manufacturers will apply for waivers on a 
product-by-product or class-by-class basis, and that CPSC will 
carefully evaluate each application to ensure that any extension will 
have no adverse health or safety impact.

  Section 102 establishes requirements for mandatory third-party 
testing for certain children's products. The Committee intends for 
these requirements to be vigorously enforced, but it does not intend 
the provision to be interpreted to require unnecessary duplicative 
testing.
  Section 103 requires manufacturers to place distinguishing marks, to 
the extent feasible, on both children's products and their packaging 
that specify the location and date of production of such products. The 
Committee intends for this provision to aid in determining the origin 
of the product through the supply chain and the possible cause of the 
recall. The Committee believes that this will facilitate accurate 
identification of products subject to a recall so that consumers, 
retailers, and others throughout the chain may expeditiously remove the 
product from their homes and the stream of commerce. The Committee does 
not intend for the date requirement to impose an obligation for a daily 
date change, but may include an indication of a period of time if such 
label will accurately identify the product in the event of a recall.
  Section 107 directs the CPSC to examine the effectiveness of the 
current voluntary standard that governs a wide variety of hazards that 
could be presented by children's toys. The Committee is disturbed by 
the large number of recalls this year, and expects this review to be 
undertaken diligently to determine the effectiveness of the applicable 
standards, the relevant risks of injury and the available injury data, 
and the need for mandatory standards and third-party testing, as 
appropriate. The Committee believes that small powerful magnets present 
a serious hazard to children and should be a high priority for CPSC 
action.
  Section 201 authorizes increased funding levels for the CPSC to 
enable the agency, among other things, to attract and retain talented 
and experienced personnel in order to carry out its important mission 
effectively. The Committee urges that, to attract talented scientists 
in the various disciplines necessary to achieve that goal, the CPSC 
will encourage scientific staff to seek appropriate publishing 
opportunities in peer-reviewed journals and other media. To that end, 
the Committee expects the CPSC to adopt, within a few months after 
enactment of this legislation, an internal policy that encourages such 
publication and sets forth appropriate guidelines and timeframes for 
management review and consideration of staff requests for clearance to 
publish. The Committee intends to conduct oversight of the CPSC 
publication policy and practices as part of its review of the CPSC's 
performance of its mission.

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