[Congressional Record Volume 165, Number 203 (Monday, December 16, 2019)]
[House]
[Pages H10292-H10294]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               SAFER OCCUPANCY FURNITURE FLAMMABILITY ACT

  Ms. SCHAKOWSKY. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2647) to adopt a certain California flammability standard as 
a Federal flammability standard to protect against the risk of 
upholstered furniture flammability, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2647

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Safer Occupancy Furniture 
     Flammability Act'' or the ``SOFFA Act''.

     SEC. 2. ADOPTION OF CALIFORNIA FLAMMABILITY STANDARD AS A 
                   FEDERAL STANDARD.

       (a) Definitions.--In this section--
       (1) the term ``bedding product'' means--
       (A) an item that is used for sleeping or sleep-related 
     purposes; or
       (B) any component or accessory with respect to an item 
     described in subparagraph (A), without regard to whether the 
     component or accessory, as applicable, is used--
       (i) alone; or
       (ii) along with, or contained within, that item;
       (2) the term ``California standard'' means the standard set 
     forth by the Bureau of Electronic and Appliance Repair, Home 
     Furnishings and Thermal Insulation of the Department of 
     Consumer Affairs of the State of California in Technical 
     Bulletin 117-2013, entitled ``Requirements, Test Procedure 
     and Apparatus for Testing the Smolder Resistance of Materials 
     Used in Upholstered Furniture'', originally published June 
     2013, as in effect on the date of enactment of this Act;
       (3) the terms ``foundation'' and ``mattress'' have the 
     meanings given those terms in section 1633.2 of title 16, 
     Code of Federal Regulations, as in effect on the date of 
     enactment of this Act; and
       (4) the term ``upholstered furniture''--
       (A) means an article of seating furniture that--
       (i) is intended for indoor use;
       (ii) is movable or stationary;
       (iii) is constructed with an upholstered seat, back, or 
     arm;
       (iv) is--

       (I) made or sold with a cushion or pillow, without regard 
     to whether that cushion or pillow, as applicable, is attached 
     or detached with respect to the article of furniture; or
       (II) stuffed or filled, or able to be stuffed or filled, in 
     whole or in part, with any material, including a substance or 
     material that is hidden or concealed by fabric or another 
     covering, including a cushion or pillow belonging to, or 
     forming a part of, the article of furniture; and

       (v) together with the structural units of the article of 
     furniture, any filling material, and the container and 
     covering with respect to those structural units and that 
     filling material, can be used as a support for the body of an 
     individual, or the limbs and feet of an individual, when the 
     individual sits in an upright or reclining position;
       (B) includes an article of furniture that is intended for 
     use by a child; and
       (C) does not include--
       (i) a mattress;
       (ii) a foundation;
       (iii) any bedding product; or
       (iv) furniture that is used exclusively for the purpose of 
     physical fitness and exercise.
       (b) Adoption of Standard.--
       (1) In general.--Beginning on the date that is 180 days 
     after the date of enactment of this Act, and except as 
     provided in paragraph (2), the California standard shall be 
     considered to be a flammability standard promulgated by the 
     Consumer Product Safety Commission under section 4 of the 
     Flammable Fabrics Act (15 U.S.C. 1193).
       (2) Testing and certification.--A fabric, related material, 
     or product to which the California standard applies as a 
     result of paragraph (1) shall not be subject to section 14(a) 
     of the Consumer Product Safety Act (15 U.S.C. 2063(a)) with 
     respect to that standard.
       (3) Certification label.--Each manufacturer of a product 
     that is subject to the California standard as a result of 
     paragraph (1) shall include the statement ``Complies with 
     U.S. CPSC requirements for upholstered furniture 
     flammability'' on a permanent label located on the product, 
     which shall be considered to be a certification that the 
     product complies with that standard.
       (c) Preemption.--
       (1) In general.--Notwithstanding section 16 of the 
     Flammable Fabrics Act (15 U.S.C. 1203) and section 231 of the 
     Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 
     2051 note), and except as provided in subparagraphs (B) and 
     (C) of paragraph (2), no State or any political subdivision 
     of a State may establish or continue in effect any provision 
     of a flammability law, regulation, code, standard, or 
     requirement that is designed to protect against the risk of 
     occurrence of fire, or to slow or prevent the spread of fire, 
     with respect to upholstered furniture.
       (2) Preservation of certain state law.--Nothing in this Act 
     or the Flammable Fabrics Act (15 U.S.C. 1191 et seq.) may be 
     construed to preempt or otherwise affect--
       (A) any State or local law, regulation, code, standard, or 
     requirement that--
       (i) concerns health risks associated with upholstered 
     furniture; and
       (ii) is not designed to protect against the risk of 
     occurrence of fire, or to slow or prevent the spread of fire, 
     with respect to upholstered furniture;
       (B) sections 1374 through 1374.3 of title 4, California 
     Code of Regulations (except for subsections (b) and (c) of 
     section 1374 of that title), as in effect on the date of 
     enactment of this Act; or
       (C) the California standard.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Illinois (Ms. Schakowsky) and the gentleman from Ohio (Mr. Latta) each 
will control 20 minutes.


                             General Leave

  Ms. SCHAKOWSKY. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 2647.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Illinois?
  There was no objection.
  Ms. SCHAKOWSKY. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in strong support of H.R. 2647, the Safer 
Occupancy Furniture Flammability Act, also known as SOFFA.
  This bipartisan legislation, which I have cosponsored, was introduced 
by Representatives Doris Matsui and Morgan Griffith. It advanced out of 
the Committee on Energy and Commerce by voice vote.
  This bill adopts California's upholstered furniture flammability 
standard as the Federal standard. This new standard will ensure all 
Americans are protected from the rise of upholstered furniture fires 
and will eliminate unnecessary consumer exposure to flame-retardant 
chemicals. These toxic chemicals are associated with adverse health 
effects, including hormonal disruption, reduced fertility, and even 
cancer.
  For too long, upholstered furniture has been laden with flame-
retardant chemicals and has been a significant source of human exposure 
to those toxic chemicals. Flame retardants are known to migrate out of 
the furniture and into household dust and persist in the indoor 
environment.
  Since the chemicals also accumulate in our bodies over time, babies 
and children, whose bodies and brains are still developing and who 
spend a lot of time on the floor, are especially vulnerable to toxic 
effects.
  Firefighters have long expressed concern that they face additional 
risks due to their unique exposure by the combustion of flame-retardant 
chemicals that occurs when they are battling fires.
  Flame-retardant chemicals in furniture are all risk and no reward. 
Testing by the Consumer Product Safety Commission has shown flame 
retardants added to furniture provide no meaningful fire safety benefit 
and make no difference in how much time you have to escape in the event 
of a fire.
  With this legislation, consumers will no longer have to second-guess 
whether or not the new sofa that they are purchasing meets stringent 
flammability standards. Manufacturers will be required to include a 
statement on a permanent label regarding the product's compliance with 
this new standard.
  Mr. Speaker, I call on my colleagues to support this important 
legislation for public health and safety, and I reserve the balance of 
my time.
  Mr. LATTA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 2647, the Safer Occupancy 
Furniture Flammability Act, or SOFFA.
  SOFFA adopts a national Federal standard for upholstered furniture.

[[Page H10293]]

SOFFA is important to ensure uniformity in the regulation of 
flammability standards for upholstered furniture to avoid a patchwork 
of State laws. This provides necessary certainty to the industry and 
also safety for consumers who know, no matter what their ZIP Code is, 
they will enjoy the same protections.
  I am glad to see my friends across the aisle agree that the Federal 
Government must act to establish a national standard here. This debate 
is timely because we are having this very same discussion with respect 
to online privacy.
  As my good friends know, the internet knows no boundaries. 
Upholstered furniture, like privacy, should enjoy a national standard 
to avoid a patchwork of State laws.
  If it makes sense here, it must make sense with privacy. We do not 
want States regulating the internet differently. Consumer protections 
should not depend on Zip Codes.
  I am encouraged to see my colleagues agree today that, with 
upholstered furniture, a national framework makes sense. I urge them to 
apply the same to online privacy.
  Mr. Speaker, I thank the gentlewoman from California (Ms. Matsui) and 
the gentleman from Virginia (Mr. Griffith) for their bipartisan work on 
this bill, and the chair, the gentlewoman from Illinois (Ms. 
Schakowsky), for her work on this legislation.
  Mr. Speaker, I again urge my colleagues to support SOFFA, H.R. 2647, 
and pass this very important legislation, and I yield back the balance 
of my time.

                              {time}  1645

  Ms. SCHAKOWSKY. Mr. Speaker, I yield myself the balance of my time.
  Think of it, that in our upholstered furniture there can be toxic 
chemicals that actually cause tremendous health hazards, not only to 
the people who own that furniture, but, now, to firefighters who are 
coming to put out fires. That is one.
  And number two, we find that these don't really have any effect on 
fires and make the time shorter that you can get out or actually reduce 
the chance of fire. So as I said, there is no gain in having these 
chemicals.
  Mr. Speaker, I have two letters that I will include in the Record, 
and they are:
  One, a letter from 17 organizations, including the Natural Resources 
Defense Council, Consumer Federation of America, Earthjustice, Green 
Science Policy Institute, Safer Chemicals Healthy Families, and Toxic-
Free Future, among many others, urging strong support by Members for 
SOFFA; and
  Two, a letter from 15 national organizations representing consumers 
throughout the United States, including the Consumer Federation of 
America, National Consumers League, Kids in Danger, Public Citizen, and 
Safe Kids Worldwide, among many others, also urging strong support for 
this legislation.

                                                December 16, 2019.
       Dear Member of Congress: The undersigned groups urge you to 
     vote YES on the SOFFA Act (H.R. 2647), led by Representatives 
     Matsui and Griffith. This bipartisan legislation would help 
     safeguard public health. There is currently no flammability 
     standard for upholstered furniture at the federal level. This 
     is a major gap that Congress should fill. Fortunately, the 
     state of California recently conducted an extensive process 
     to identify a furniture flammability standard that would 
     provide protection against the vast majority of upholstered 
     furniture fires, without the need for flame retardant 
     chemicals, which have been linked to a variety of adverse 
     health effects, including impaired brain development, 
     reproductive problems, and cancers. Firefighters and children 
     face especially high exposures and risks. The SOFFA Act would 
     make California's flammability standard for upholstered 
     furniture the standard across the nation.
       In 2013, California's Bureau of Household Goods and 
     Services (``Bureau'') determined that the vast majority of 
     upholstered furniture fires are started by smoldering 
     materials on the fabric surface of the furniture. Therefore, 
     it adopted a standard that addresses the safety threat of 
     smoldering materials igniting the cover fabric of furniture. 
     The result was California Technical Bulletin 117-2013 (TB 
     117-2013). TB 117-2013 was widely supported by firefighters, 
     environmental and public health groups, and independent fire 
     scientists.
       Since the standard was adopted, additional science has 
     reinforced its importance and effectiveness. A 2019 study 
     published in the American Journal of Public Health found that 
     among furniture fires, those caused by smoking products were 
     the deadliest, and that the odds of someone dying in a 
     furniture fire caused by smoking was three times greater than 
     in a furniture fire caused by an open flame (such as a candle 
     or match). It also found that standards focused on fires 
     caused by an open flame and that relied on the addition of 
     toxic flame retardant chemicals to furniture were ineffective 
     in reducing the incidence of fires. The authors concluded 
     that ``[d]ata on injury and death in residential fires 
     support greater attention to smoking-related fires in 
     furniture, because they are associated with a much higher 
     risk of death than are fires ignited by open flames. 
     Standards such as TB117-2013 are designed to address 
     cigarette ignition of furniture without the use of toxic FR 
     [flame retardant] chemicals. Future regulations to increase 
     fire safety of residential furniture should continue to focus 
     on ignition from smoking materials.''
       Making California's TB 117-2013 the national flammability 
     standard would end sporadic efforts to promulgate open flame 
     standards that promote the use of toxic, flame retardant 
     chemicals without providing a fire safety benefit. It would 
     also provide a uniform standard for the furniture industry, 
     while being health protective. The Consumer Product Safety 
     Commission (CPSC) has previously relied on California 
     flammability standards as the basis for federal health-
     protective standards. The SOFFA Act will create strong public 
     health protections for people across the country and reduce 
     the risk of harm by furniture-related fires. We urge you to 
     safeguard public health for all Americans and vote YES on 
     H.R. 2647.
           Sincerely,
       Alaska Community Action on Toxics, Center for Environmental 
     Health, Clean and Healthy New York, Clean Water Action, 
     Coming Clean, Commonwealth Biomonitoring Resource Center, 
     Consumer Federation of America, Earthjustice, Ecology Center 
     (Michigan), Environmental Health Strategy Center, Green 
     Science Policy Institute, Healthy Baby Bright Futures, 
     Healthy Legacy Coalition, Natural Resources Defense Council, 
     Safer Chemicals Healthy Families, Safer States, Toxic-Free 
     Future.
                                  ____

                                               September 12, 2019.
       Dear Representative: As organizations dedicated to 
     improving consumer protections, we write to express our 
     support for three consumer product safety bills as they move 
     to the House floor. These bills would enhance protections to 
     prevent deaths from portable fuel cans, injuries and deaths 
     from carbon monoxide poisoning, and reduce exposure to 
     harmful flame retardants. We urge you to support these bills 
     to protect children and all consumers from preventable 
     injuries and deaths.
       The Nicholas and Zachary Burt Carbon Monoxide Poisoning 
     Prevention Act of 2019 (H.R. 1618) would establish a grant 
     program, administered by the CPSC, that would encourage 
     states to require the installation of residential carbon 
     monoxide detectors, including for vulnerable populations. 
     According to the CDC, during 2010-2015, a total of 2,244 
     deaths resulted from unintentional carbon monoxide (CO) 
     poisoning, with 393 of those deaths occurring in 2015. This 
     bill seeks to reduce carbon monoxide poisonings.
       The Portable Fuel Container Safety Act of 2019 (H.R. 806) 
     would help prevent flame jetting incidents through 
     establishing a binding and enforceable standard that would 
     require flame mitigation devices, or flame arrestors, on 
     portable fuel containers to prevent flames from entering 
     these containers and igniting the gases inside. According to 
     National Fire Protection Association estimates, fire 
     departments responded to an average of 160,910 fires per year 
     between 2007 and 2011 that started with ignition of a 
     flammable or combustible liquid, resulting in an estimated 
     454 civilian deaths, 3,910 civilian injuries, and $1.5 
     billion in direct property damage per year.
       The Safer Occupancy Furniture Flammability Act, or SOFFA 
     (H.R. 2647), would adopt a California flammability standard 
     as a federal flammability standard to help protect against 
     the risk of upholstered furniture fires and consumer exposure 
     to flame retardant chemicals. Today's California standard, TB 
     117-2013, is currently the strongest measure U.S. consumers 
     have to keep them protected from purchasing upholstered 
     furniture that is either highly flammable or loaded with 
     flame-retardant chemicals. While this bill seeks to protect 
     consumers from both fires and flame retardant exposure, we 
     urge members to strengthen the bill through amending it so 
     that other states retain the ability to exceed TB 117-2013's 
     level of protection if they so choose.
       These bills offer a critical opportunity to protect 
     children and all consumers from preventable injuries and 
     deaths. We urge you to support these child health and safety 
     bills, and to vote ``yes'' on them as they move to the House 
     floor.
           Sincerely,
       Alaska Public Interest Research Group (AkPIRG), Center for 
     Justice & Democracy, Chicago Consumer Coalition, Child Injury 
     Prevention Alliance, Consumer Assistance Council, Inc., 
     Consumer Federation of America, Kids In Danger, National 
     Consumers League, OHSU/Doernbecher Tom Sargent Safety Center, 
     Parents for Window Blind Safety, Public Citizen, Safe Kids 
     Worldwide, Safe States Alliance, The Society for Advancement 
     of Violence and Injury Research

[[Page H10294]]

     (SAVIR), Virginia Citizens Consumer Council.

  Ms. SCHAKOWSKY. Mr. Speaker, I urge strong support for this 
bipartisan legislation. I urge all Members to vote in favor, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Illinois (Ms. Schakowsky) that the House suspend the 
rules and pass the bill, H.R. 2647, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________