[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.
____________________