[House Report 116-348]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-348
======================================================================
SAFER OCCUPANCY FURNITURE FLAMMABILITY ACT
_______
December 16, 2019.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Pallone, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 2647]
The Committee on Energy and Commerce, to whom was referred
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, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Committee Hearings...............................................3
IV. Committee Consideration..........................................4
V. Committee Votes..................................................4
VI. Oversight Findings...............................................5
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures5
VIII.Federal Mandates Statement.......................................5
IX. Statement of General Performance Goals and Objectives............5
X. Duplication of Federal Programs..................................5
XI. Committee Cost Estimate..........................................5
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits......5
XIII.Advisory Committee Statement.....................................5
XIV. Applicability to Legislative Branch..............................6
XV. Section-by-Section Analysis of the Legislation...................6
XVI. Changes in Existing Law Made by the Bill, as Reported............7
I. PURPOSE AND SUMMARY
H.R. 2647, the ``Safer Occupancy Furniture Flammability
Act'' or ``SOFFA'', was introduced on May 9, 2019, by Reps.
Matsui (D-CA), Griffith (R-VA), Rush (D-IL), and Cardenas (D-
CA) and referred to the Committee on Energy and Commerce. H.R.
2647 requires the adoption of the California upholstered
furniture flammability standard known as Technical Bulletin
117-2013 as a national flammability standard for upholstered
furniture. Technical Bulletin 117-2013 is an updated standard
that protects consumers against the risk of upholstered
furniture fires while omitting previous performance
requirements that were typically satisfied through the addition
of flame-retardant chemicals, which have been associated with
adverse health effects.\1\ Additionally, an existing patchwork
of regulations across the country currently create a difficult
and burdensome framework for furniture manufacturers. Adopting
Technical Bulletin 117-2013 is critical to address such
patchwork and ensure all consumers enjoy the same fire safety
protections for upholstered furniture.
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\1\National Institute of Environmental Health Sciences, Flame-
retardants (www.niehs.nih.gov/health/topics/agents/flame_retardants/
index.cfm).
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II. BACKGROUND AND NEED FOR LEGISLATION
According to the latest available report from the Consumer
Product Safety Commission (CPSC) on residential fire loss
estimates, upholstered furniture poses a significant fire
safety risk.\2\ From 2014 to 2016, an estimated annual average
of 470 deaths were associated with upholstered furniture.\3\
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\2\Consumer Product Safety Commission, 2014-2016 Residential Fire
Loss Estimates (July 2019) (www.cpsc.gov/s3fs-public/
2014_to_2016_Residential_Fire_Loss_Estimates07292019.pdf).
\3\See note 2.
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Since the 1970s, flame-retardant chemicals have been added
to many consumer and industrial products, including upholstered
furniture, to reduce their flammability and to slow or prevent
the start or growth of fire.\4\ Driving the use of flame-
retardant chemicals in upholstered furniture was California's
original upholstered furniture flammability standard, known as
Technical Bulletin 117. This standard was introduced in 1975
and required the concealed filling materials of upholstered
furniture to withstand an open-flame test and a smolder
test.\5\ Furniture manufacturers met this standard
predominantly by using foam treated with flame-retardant
chemicals. Testing by the CPSC and other independent
scientists, however, show that flame-retardant chemicals, as
used in upholstered furniture, provide no meaningful fire
safety benefit and do not provide a meaningful difference in
egress time.\6\
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\4\See note 1.
\5\State of California Bureau of Household Goods and Services,
Technical Bulletin 117--Residential Upholstered Furniture Standard Fact
Sheet (bhgs.dca.ca.gov/industry/tb_117_faq_sheet.pdf).
\6\Consumer Product Safety Commission, Upholstered Furniture Full
Scale Chair Tests--Open Flame Ignition Results and Analysis (May 9,
2012) (www.cpsc.gov/s3fs-public/openflame.pdf); Chicago Tribune,
Testing shows treated foam offers no safety benefit (May 6, 2012)
(www.chicagotribune.com/news/ct-met-flames-barriers-20120506-
story.html).
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In addition, while science has yet to establish a causal
link between all flame retardants and resultant disease, a
growing body of evidence shows that flame-retardant chemicals
could elicit adverse health effects. According to the CPSC's
September 2017 guidance on organohalogen flame retardants
(OFRs), ``The known adverse health effects of [OFRs] to
consumers include: Reproductive impairment (e.g., abnormal
gonadal development, reduced number of ovarian follicles,
reduced sperm count, increased time to pregnancy); neurological
effects (e.g., decreased IQ in children, impaired memory,
learning deficits, altered motor behavior, hyperactivity);
endocrine disruption and interference with thyroid hormone
action (potentially contributing to diabetes and obesity);
genotoxicity; cancer; and immune disorders.''\7\
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\7\Consumer Product Safety Commission, Guidance Document on
Hazardous Additive, Non-Polymeric Organohalogen Flame-retardants in
Certain Consumer Products, 82 Fed. Reg. 45268 (Sept. 28, 2017)
(Guidance document).
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The CPSC's September 2017 guidance also states that human
exposure to OFRs occurs when flame-retardant chemicals migrate
out of furniture and into household dust and other surfaces
where they persist in an indoor environment.\8\ Further, the
CPSC has been presented with scientific evidence that OFRs, due
to their inherent physical properties, have also been shown to
bioaccumulate or build up in people over time because they do
not easily break down.\9\ Babies and children are more likely
to be exposed because of their increased hand-to-mouth behavior
and time spent on the floor.\10\ They may also be particularly
vulnerable to the toxic effects of these chemicals because
their bodies are still developing.\11\ At least one study shows
that firefighters have a greater exposure to flame-retardants
than the general population.\12\ They may also face additional
risks due to the unique exposure from the combustion of flame-
retardant chemicals in firefighting settings.
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\8\See note 7.
\9\See note 1.
\10\Id.
\11\Id.
\12\Susan D. Shaw et al., Persistent organic pollutants including
polychlorinated and polybrominated dibenzo- p-dioxins and dibenzofurans
in firefighters from Northern California, Chemosphere (Feb. 2013).
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In June 2013, California published an updated standard,
Technical Bulletin 117-2013, which took effect January 2015.
This updated standard tests the smolder resistance of cover
fabrics and the interaction of upholstery components. The new
standard provides consumers with a greater level of fire
protection against smoldering sources, the leading ignition
sources of fires,\13\ and eliminates the unnecessary use of
flame-retardant chemicals.
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\13\See note 2.
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H.R. 2647 is needed to protect all consumers from the risk
of upholstered furniture fires and to eliminate unnecessary
consumer exposure to flame-retardant chemicals, which have been
associated with adverse health effects. Adopting Technical
Bulletin 117-2013 as the national standard ensures all
consumers, no matter which state they reside in, enjoy the same
fire safety protections for upholstered furniture.
III. COMMITTEE HEARINGS
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress, the following hearings were used to develop or
consider H.R. 2647:
The Subcommittee on Consumer Protection and Commerce held
an oversight hearing on June 9, 2019, entitled, ``Protecting
Americans from Dangerous Products: Is the Consumer Product
Safety Commission Fulfilling Its Mission?'' The Subcommittee
received testimony from the following witnesses:
The Honorable Ann Marie Buerkle, Acting
Chairman, Consumer Product Safety Commission;
The Honorable Elliot F. Kaye, Commissioner,
Consumer Product Safety Commission;
The Honorable Robert S. Adler, Commissioner,
Consumer Product Safety Commission;
The Honorable Dana Baiocco, Commissioner,
Consumer Product Safety Commission;
The Honorable Peter A. Feldman,
Commissioner, Consumer Product Safety Commission;
Rachel Weintraub, Legislative Director and
General Counsel, Consumer Federation of America;
Nancy Cowles, Executive Director, Kids in
Danger; and
Remington A. Gregg, Counsel for Civil
Justice and Consumer Rights, Public Citizen.
On June 13, 2019, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on H.R. 2647, the
``Safer Occupancy Furniture Flammability Act'', along with six
other bills. The hearing was entitled, ``Keeping Kids and
Consumers Safe from Dangerous Products.'' The Subcommittee
received testimony from the following witnesses:
Will Wallace, Manager, Home & Products
Policy, Consumer Reports;
Crystal Ellis, Founding Member Parents
Against Tip-Overs;
Chris Parsons President, Minnesota
Professional Fire Fighters; and
Charles A. Samuels, Member, Mintz.
IV. COMMITTEE CONSIDERATION
H.R. 2647, the ``Safer Occupancy Furniture Flammability
Act'' or ``SOFFA'', was introduced by Rep. Matsui (D-CA) on May
9, 2019 and referred to the Committee on Energy and Commerce.
Subsequently, the bill was referred to the Subcommittee on
Consumer Protection and Commerce on May 10, 2019. Following
hearings, the Subcommittee met on July 10, 2019, in open markup
session, pursuant to notice, to consider H.R. 2647. No
amendments were offered during its consideration and a motion
by Ms. Schakowsky, Chairwoman of the subcommittee, to forward
favorably H.R. 2647 to the full Committee, without amendment,
was agreed to by a voice vote.
The full Committee met in open markup session on July 17,
2019, pursuant to notice, to consider H.R. 2647. No amendments
were offered to the bill and subsequently, a motion by Mr.
Pallone, Chairman of the committee, to order H.R. 2647 reported
favorably to the House, without amendment, was agreed to by a
voice vote, a quorum being present.
V. COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list each record vote
on the motion to report legislation and amendments thereto. The
Committee advises that there were no record votes taken on H.R.
2647, including a motion by Mr. Pallone ordering H.R. 2647
reported favorably to the House, without amendment.
VI. OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1)
of rule X of the Rules of the House of Representatives, the
oversight findings and recommendations of the committee are
reflected in the descriptive portion of the report.
VII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
Pursuant to 3(c)(2) of rule XIII of the Rules of the House
of Representatives, the Committee adopts as its own the
estimate of new budget authority, entitlement authority, or tax
expenditures or revenues contained in the cost estimate
prepared by the Director of the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974.
The Committee has requested by not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, credit
authority, or an increase or decrease in revenues or tax
expenditures.
VIII. FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
IX. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is to help
protect consumers against the risk of upholstered furniture
fires and to eliminate unnecessary consumer exposure to flame-
retardant chemicals, which have been associated with adverse
health effects.
X. DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 2647 is known to be duplicative of another Federal
program, including any program that was included in a report to
Congress pursuant to section 21 of Public Law 111-139 or the
most recent Catalog of Federal Domestic Assistance.
XI. COMMITTEE COST ESTIMATE
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974.
XII. EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 2647 contains no earmarks, limited
tax benefits, or limited tariff benefits.
XIII. ADVISORY COMMITTEE STATEMENT
No advisory committee within the meaning of section 5(b) of
the Federal Advisory Committee Act was created by this
legislation.
XIV. APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
XV. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
Section 1 designates that the short title may be cited as
the ``Safer Occupancy Furniture Flammability Act'' or
``SOFFA''.
Sec. 2. Adoption of California flammability standard as a Federal
standard
Subsection (a) of this section defines terms used
throughout the bill, including the terms ``bedding product'',
``California standard'', ``foundation'', ``mattress'', and
``upholstered furniture''. 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.'' The term
``upholstered furniture'' is defined to mean all seating
furniture that (1) is intended for indoor use; (2) is movable
or stationary; (3) is constructed with a contiguous upholstered
seat and back or arm; (4) is made or sold with a cushion or
pillow or may be stuffed or filled with any material; and (5)
can be used to support the body of an individual, or the limbs
and feet of an individual. The term specifically does not
include any mattresses, foundations, bedding product, or
furniture that is used exclusively for the purpose of physical
fitness and exercise.
Subsection (b) of this section directs the CPSC to adopt
the California standard as a flammability standard promulgated
by the CPSC under section 4 of the Flammable Fabrics Act (15
U.S.C. 1193) beginning on the date that is 180 days after the
date of enactment of this Act. This subsection further
specifies that any fabric, related material, or product to
which the California standard applies as a result of the new
promulgated standard shall not be subject to section 14(a) of
the Consumer Product Safety Act (15 U.S.C. 2063(a)).
Subsection (c) of this section specifies that no state or
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. This
subsection further clarifies that nothing in this Act or the
Flammable Fabrics Act may be construed to preempt or otherwise
affect (1) any State or local law, regulation, code, standard,
or requirement that concerns health risks associated with
upholstered furniture and 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; (2)
sections 1374 through 1374.3 of title 4, California Code of
Regulations, which specify the adoption of the California
standard, as well as product labeling requirements; or (3) the
California standard.
XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
There are no changes to existing law made by the bill H.R.
2647.