[House Report 116-588]
[From the U.S. Government Publishing Office]


116th Congress }                                             { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                             { 116-588

======================================================================



 
            PANDEMIC EFFECTS ON HOME SAFETY AND TOURISM ACT

                                _______
                                

 November 16, 2020.--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. 8121]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 8121) to require the Consumer Product Safety 
Commission to study the effect of the COVID-19 pandemic on 
injuries and deaths associated with consumer products, and for 
other purposes, having considered the same, reports favorably 
thereon with amendments and recommends that the bill as amended 
do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................4
 II. Background and Need for the Legislation..........................4
III. Committee Hearings...............................................5
 IV. Committee Consideration..........................................5
  V. Committee Votes..................................................6
 VI. Oversight Findings...............................................6
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures6
VIII.Federal Mandates Statement.......................................6

 IX. Statement of General Performance Goals and Objectives............6
  X. Duplication of Federal Programs..................................6
 XI. Committee Cost Estimate..........................................7
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits......7
XIII.Advisory Committee Statement.....................................7

XIV. Applicability to Legislative Branch..............................7
 XV. Section-by-Section Analysis of the Legislation...................7
XVI. Changes in Existing Law Made by the Bill, as Reported............8

    The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Pandemic Effects on 
Home Safety and Tourism Act''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                     TITLE I--COVID-19 HOME SAFETY

Sec. 101. Short title.
Sec. 102. Study and report on the effect of the COVID-19 public health 
emergency on injuries and deaths from consumer products.

           TITLE II--PROTECTING TOURISM IN THE UNITED STATES

Sec. 201. Short title.
Sec. 202. Study and report on effects of COVID-19 pandemic on travel 
and tourism industry in United States.

                     TITLE I--COVID-19 HOME SAFETY

SEC. 101. SHORT TITLE.

  This title may be cited as the ``COVID-19 Home Safety Act''.

SEC. 102. STUDY AND REPORT ON THE EFFECT OF THE COVID-19 PUBLIC HEALTH 
                    EMERGENCY ON INJURIES AND DEATHS FROM CONSUMER 
                    PRODUCTS.

  (a) COVID-19 Report Required.--Not later than 3 months after the date 
of enactment of this section and every 3 months thereafter for the 
duration of the COVID-19 public health emergency, the Consumer Product 
Safety Commission shall submit to the Committee on Energy and Commerce 
of the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate, and make publicly available, a report 
on the effect of the COVID-19 public health emergency on injuries and 
deaths from consumer products.
  (b) Contents of Report.--The report shall include the following:
          (1) Relevant data and statistics from--
                  (A) the data sources of the Commission;
                  (B) other appropriate agencies;
                  (C) media reports;
                  (D) poison control centers, to the extent practical; 
                and
                  (E) any other relevant data sources.
          (2) An identification of trends in injuries and deaths from 
        consumer products, comparing data from representative time 
        periods before and during the COVID-19 public health emergency.
          (3) An identification of subpopulations that have experienced 
        elevated risk of injury or death from consumer products during 
        the COVID-19 public health emergency, such as minorities, 
        infants, people with disabilities, children, or the elderly.
          (4) An identification of where most injuries or deaths from 
        consumer products during the COVID-19 public health emergency 
        are taking place, such as the type of building or outdoor 
        environment.
          (5) A specification about whether consumer products 
        associated with a substantial number of injuries or deaths 
        during the COVID-19 public health emergency are--
                  (A) under recall;
                  (B) subject to a voluntary consumer product safety 
                standard; or
                  (C) subject to a mandatory consumer product safety 
                standard.
          (6) An identification of emerging consumer products that are 
        posing new risks to consumers.
  (c) COVID-19 Public Health Emergency Defined.--The term ``COVID-19 
public health emergency'' means a public health emergency declared 
pursuant to section 319 of the Public Health Service Act (42 U.S.C. 
247d) as a result of confirmed cases of 2019 novel coronavirus (COVID-
19), including any renewal thereof.

           TITLE II--PROTECTING TOURISM IN THE UNITED STATES

SEC. 201. SHORT TITLE.

  This title may be cited as the ``Protecting Tourism in the United 
States Act''.

SEC. 202. STUDY AND REPORT ON EFFECTS OF COVID-19 PANDEMIC ON TRAVEL 
                    AND TOURISM INDUSTRY IN UNITED STATES.

  (a) In General.--Not later than 1 year after the date of enactment of 
this Act, the Secretary, in consultation with the United States Travel 
and Tourism Advisory Board and the head of any other Federal agency the 
Secretary considers appropriate, shall complete a study on the effects 
of the COVID-19 pandemic on the travel and tourism industry, including 
various segments of the travel and tourism industry, such as domestic, 
international, leisure, business, conventions, meetings, and events.
  (b) Matters for Consideration.--In conducting the study required by 
subsection (a) and the interim study required by subsection (e)(1), the 
Secretary shall consider--
          (1) changes in employment rates in the travel and tourism 
        industry during the pandemic period;
          (2) changes in revenues of businesses in the travel and 
        tourism industry during the pandemic period;
          (3) changes in employment and sales in industries related to 
        the travel and tourism industry, and changes in contributions 
        of the travel and tourism industry to such related industries, 
        during the pandemic period;
          (4) the effects attributable to the changes described in 
        paragraphs (1) through (3) in the travel and tourism industry 
        and such related industries on the overall economy of the 
        United States during the pandemic period and the projected 
        effects of such changes on the overall economy of the United 
        States following the pandemic period; and
          (5) any additional matters the Secretary considers 
        appropriate.
  (c) Consultation and Public Comment.--In conducting the study 
required by subsection (a), the Secretary shall--
          (1) consult with representatives of--
                  (A) the small business sector;
                  (B) the restaurant or food service sector;
                  (C) the hotel and alternative accommodations sector;
                  (D) the attractions or recreations sector;
                  (E) the travel distribution services sector;
                  (F) destination marketing organizations;
                  (G) State tourism offices; and
                  (H) the passenger air, railroad, and rental car 
                sectors; and
          (2) provide an opportunity for public comment and advice 
        relevant to conducting the study.
  (d) Report to Congress.--Not later than 6 months after the date on 
which the study required by subsection (a) is completed, the Secretary, 
in consultation with the United States Travel and Tourism Advisory 
Board and the head of any other Federal agency the Secretary considers 
appropriate, shall submit to the Committee on Energy and Commerce of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate, and make publicly available on the 
website of the Department of Commerce, a report that contains--
          (1) the results of such study; and
          (2) policy recommendations for promoting and assisting the 
        travel and tourism industry.
  (e) Interim Study and Report.--Not later than 3 months after the date 
of enactment of this Act, the Secretary, after consultation with 
relevant stakeholders, including the United States Travel and Tourism 
Advisory Board, shall--
          (1) complete an interim study, which shall be based on data 
        available at the time when the study is conducted and provide a 
        framework for the study required by subsection (a), on the 
        effects of the COVID-19 pandemic (as of such time) on the 
        travel and tourism industry, including various segments of the 
        travel and tourism industry, such as domestic, international, 
        leisure, business, conventions, meetings, and events; and
          (2) submit to the Committee on Energy and Commerce of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate, and make publicly 
        available on the website of the Department of Commerce, an 
        interim report that contains the results of the interim study 
        required by paragraph (1).
  (f) Definitions.--In this section--
          (1) the term ``pandemic period'' has the meaning given the 
        term ``emergency period'' in section 1135(g)(1)(B) of the 
        Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)), excluding any 
        portion of such period after the date that is 1 year after the 
        date of the enactment of this Act;
          (2) the term ``Secretary'' means the Secretary of Commerce; 
        and
          (3) the term ``travel and tourism industry'' means the travel 
        and tourism industry in the United States.
    Amend the title so as to read:
    A bill to require the Consumer Product Safety Commission to 
study the effect of the COVID-19 pandemic on injuries and 
deaths associated with consumer products and to direct the 
Secretary of Commerce to study and report on the effects of the 
COVID-19 pandemic on the travel and tourism industry in the 
United States.

                         I. PURPOSE AND SUMMARY

    H.R. 8121, the ``Pandemic Effects on Home Safety and 
Tourism Act'', was introduced by Representatives Tony Cardenas 
(D-CA) and Rodney Davis (R-IL). H.R. 8121 requires the Consumer 
Product Safety Commission (CPSC) to study and report to 
Congress on the effects of the coronavirus disease 2019 (COVID-
19) pandemic on injuries and deaths associated with consumer 
products. The original short title of H.R. 8121 as introduced 
was ``COVID-19 Home Safety Act of 2020'', however, it was 
changed during committee markup when the original bill was 
combined with H.R. 8122.
    During full Committee consideration of the bill, an 
amendment in the nature of a substitute was adopted 
incorporating legislative text based on H.R. 8122, the 
``Protecting Tourism in the United States Act'' 
(Representatives Kathy Castor (D-FL) and Fred Upton (R-MI)), a 
bill referred to the Committee on Energy and Commerce on August 
28, 2020. H.R. 8122 directs the Department of Commerce (DOC) to 
conduct a study and report to Congress on the effects of the 
COVID-19 pandemic on the travel and tourism industry in the 
United States. H.R. 8121, as reported, will help ensure a full 
understanding of the effects of the COVID-19 pandemic on home 
safety and tourism.

                II. BACKGROUND AND NEED FOR LEGISLATION

    The COVID-19 pandemic has dramatically changed every aspect 
of American life. Americans are spending more time at home, 
magnifying existing household risks.\1\ Children may be 
particularly vulnerable, as parents struggle with working 
remotely and supervising them at the same time. Pediatricians 
have warned that the drowning risk for kids may increase during 
the pandemic due to an increase in unsupervised access to 
swimming pools and increased use of kiddie pools and wading 
pools.\2\ Trampolines, bikes, and scooters have emerged as 
major drivers of injuries.\3\ Calls to poison control centers 
involving children ingesting hand sanitizer increased by more 
than 50 percent in March 2020 compared with January 2020.\4\
---------------------------------------------------------------------------
    \1\Prevent Home Injuries to Kids During the Coronavirus Pandemic, 
Consumer Reports (Apr. 17, 2020).
    \2\American Academy of Pediatrics, Wading Pools, In-Ground and 
Inflatable Pools Pose Drowning Risk During COVID-19 (June 23, 2020) 
(services.aap.org/en/news-room/news-releases/aap/2020/wading-pools-in-
ground-and-inflatable-pools-pose-drowning-risk-during-covid-19/).
    \3\Bike Spills, Trampoline Falls and Sips of Sanitizer: How Kids 
Are Getting Hurt at Home, New York Times (June 19, 2020) 
(www.nytimes.com/2020/06/19/well/family/coronavirus-shutdown-children-
injuries.html).
    \4\American Association of Poison Control Centers, Hand Sanitizer 
(aapcc.org/track/hand-sanitizer).
---------------------------------------------------------------------------
    In response to the pandemic, the CPSC has issued a series 
of safety checklists to help families identify and handle 
hidden hazards, including outdoor hazards such as hoverboards 
and backyard trampolines, and indoor hazards such as furniture 
tip-overs, dangerous window coverings, and recalled infant 
products.\5\ The CPSC has yet to provide, however, concrete 
information on any specific trend in terms of deaths and 
injuries associated with consumer products during the pandemic.
---------------------------------------------------------------------------
    \5\Consumer Product Safety Commission, COVID-19 Home Safety 
Information Center (www.cpsc.gov/Safety-Education/Safety-Education-
Centers/covid-19-home-safety).
---------------------------------------------------------------------------
    As Americans stay home to protect themselves during the 
COVID-19 pandemic, travel and tourism have plummeted. The 
travel and tourism industry plays a significant role, not only 
in the United States economy at large, but many local 
communities as well. In fact, travel and tourism supports 15.7 
million American jobs.\6\ It is important to assess the full 
effect on the COVID-19 pandemic on the U.S. economy and the 
millions of workers in the industry to help inform future 
policymaking decisions.
---------------------------------------------------------------------------
    \6\U.S. Travel, U.S. Travel Answer Sheet (Mar. 2019) 
(www.ustravel.org/system/files/media_root/document/Research_Fact-
Sheet_US-Travel-Answer-Sheet.pdf).
---------------------------------------------------------------------------
    H.R. 8121 is needed to ensure all Americans have regular 
updates regarding the effects of the COVID-19 pandemic on home 
safety, including any emerging threats, so that action can be 
taken to protect consumers. It is also needed to make sure 
there is a full accounting of how the COVID-19 pandemic has 
affected the travel and tourism industry, so that assistance 
can be directed appropriately and to support the workers and 
families who rely on the jobs the industry supports.

                        III. COMMITTEE HEARINGS

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress, the following hearing was used to develop or 
consider H.R. 8121:
    The Subcommittee on Consumer Protection and Commerce held a 
virtual hearing on July 9, 2020. The hearing was entitled, 
``Consumers Beware: Increased Risks During the COVID-19 
Pandemic.'' The Subcommittee received testimony from the 
following witnesses:
           Kevin Anderson, Senior Deputy Attorney 
        General, Director, Consumer Protection Division North 
        Carolina Department of Justice
           Sally Greenberg, Executive Director, 
        National Consumers League
           Thomas Quaadman, Executive Vice President, 
        Center for Capital Markets Competitiveness, Chamber 
        Technology Engagement Center, Global Innovation Policy 
        Center, U.S. Chamber of Commerce IV.

                      IV. COMMITTEE CONSIDERATION

    Representatives Cardenas and Davis (R-IL) introduced H.R. 
8121 on August 28, 2020, and the bill was referred to the 
Committee on Energy and Commerce. H.R. 8121 was then referred 
to the Subcommittee on Consumer Protection and Commerce on 
August 31, 2020.
    On September 9, 2020, H.R. 8121 was discharged from further 
consideration by the Subcommittee on Consumer Protection and 
Commerce as the bill was called up for consideration by the 
full Committee on Energy and Commerce. The full Committee met 
in virtual open markup session on September 9, 2020, pursuant 
to notice, to consider H.R. 8121. During consideration of the 
bill, an amendment in the nature of a substitute offered by Mr. 
Cardenas, on behalf of himself and Ms. Castor of Florida, was 
agreed to by a voice vote. The AINS incorporated the 
legislative language of H.R. 8122. Upon conclusion of 
consideration of the bill, the full Committee agreed to a 
motion on final passage offered by Mr. Pallone, Chairman of the 
committee, to order H.R. 8121 reported favorably to the House, 
amended, by a voice vote, a quorum being present. H.R. 8121, as 
reported, supersedes H.R. 8122.

                           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. 
8121, including the motion for final passage of the bill.

                         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 but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
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 study 
the effect of the COVID-19 pandemic on injuries and deaths 
associated with consumer products and on the travel and tourism 
industry in the United States.

                   X. DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 8121 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. 8121 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; Table of contents

    Section 1(a) designates that the short title may be cited 
as the ``Pandemic Effects on Home Safety and Tourism Act''. 
Section 1(b) provides the table of contents.

                     TITLE I--COVID-19 HOME SAFETY


Sec. 101. Short title

    Section 101 designates that this title may be cited as the 
``COVID-19 Home Safety Act''.

Sec. 102. Study and report on the effect of the COVID-19 public health 
        emergency on injuries and deaths from consumer products

    Subsection (a) specifies that not later than three months 
after the date of enactment, the CPSC shall issue a report 
every three months of the effect of the COVID-19 public health 
emergency on injuries and deaths from consumer products.
    Subsection (b) specifies that the report shall include: (1) 
relevant data and statistics; (2) trends in injuries and deaths 
from consumer products; (3) subpopulations that have 
experienced elevated risk of injury or death; (4) where most 
injuries or deaths are taking place; (5) whether consumer 
products associated with a substantial number of injuries or 
deaths are under recall or subject to standards; and (6) any 
emerging consumer products that are posing new risks to 
consumers.
    Subsection (c) defines the term ``COVID-19 public health 
emergency''.

           TITLE II--PROTECTING TOURISM IN THE UNITED STATES

    [This title incorporates text based on H.R. 8122, sponsored 
by Representatives Castor (D-FL) and Upton.]

Sec. 201. Short title

    Section 201 designates that this title may be cited as the 
``Protecting Tourism in the United States Act''.

Sec. 202. Study and report on effects of COVID-19 pandemic on travel 
        and tourism industry in the United States

    Subsection (a) requires the DOC, in consultation with the 
United States Travel and Tourism Advisory Board and the head of 
any other Federal agency considered appropriate, to complete a 
study on the effects of the COVID-19 pandemic on the travel and 
tourism industry no later than one year after the date of 
enactment.
    Subsection (b) specifies that the study shall consider 
certain matters, including any changes in employment rates, 
revenue, and sales during the pandemic period.
    Subsection (c) directs the DOC to consult with 
representatives in the industry in conducting the study and to 
provide an opportunity for public comment.
    Subsection (d) requires that a report with the results of 
the study and policy recommendations shall be issued not later 
than six months after the study is completed.
    Subsection (e) requires the DOC, not later than three 
months after the date of enactment, to complete an interim 
study and issue an interim report on the effects of the COVID-
19 pandemic on the travel and tourism industry.
    Subsection (f) defines terms used throughout the bill, 
including the term ``pandemic period''.

       XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    There are no changes to existing law made by the bill H.R. 
8121.