Protecting U.S. jobs and our children’s toys

In 2007, many of our biggest news stories told of “unsafe toys,” those with high levels of lead being imported into our country.  With good cause, parents across the country demanded action from Congress.  Every parent wants to ensure that when they buy their child a toy ­– or any product – at a local store or online, it is safe for their child. With four kids and soon-to-be 10 grandchildren, I understand this completely and remember vividly the days when our house was filled with toys.  My wife and I still visit a toy store on occasion for our grandchildren, and I, too, want to ensure that anything I buy for them is safe.

In typical fashion, Congress enacted reactionary legislation – the Consumer Product Safety Improvement Act (CPSIA) – by a large margin in the 110th Congress. This legislation mandates the level of lead allowed in children’s products by certain target dates – which, not surprisingly, has already been pushed back two years to 2011.  CPSIA also requires manufacturers to test each product for lead levels, certifying the results of that test and furnishing the retailer and distributor with these certificates. For items produced internationally, the company importing the items is responsible for issuing the certificates.

{mosads}By all accounts, this legislation means well and serves, in some instances, an important purpose. However, in the rush to get these regulations through Congress, some significant – though unintended – consequences have become evident.  The legislation took a sledgehammer to issues that needed a more nuanced approach, something immediately apparent once the bill became law.

Included in these “unintended” consequences is a ban on youth ATVs. While nearly all components of these vehicles are compliant with the CPSIA lead limitations, some parts unavoidably contain small quantities of lead in excess of the new limits. And, because these small quantities are unavoidable, powersports businesses had to stop selling numerous youth products – forcing parents to bypass safety regulations by purchasing larger ATVs meant for adults – clearly a more dangerous outcome. Similarly, other products ranging from bicycles to brass instruments clearly cannot comply with the lead limits, despite the fact they could very well be safe for children.

Unfortunately, in the 111th Congress, the Energy & Commerce Committee Democrats have failed to make needed corrections.  Despite repeated requests from Republicans on the committee, the majority has only held one oversight hearing, which was last September. And, their sole attempt to fix the bill was to try and attach weak legislative language, drafted in secret, to the Defense Appropriations bill at the end of 2009. This language would have only exempted library books and ATVs, and done nothing to protect small businesses or a host of other products. Thankfully, it failed, but it was a feeble attempt – particularly given the repeated requests by the minority for hearings.

As a Member of the Commerce, Trade, and Consumer Protection Subcommittee, I am proud to cosponsor the Consumer Product Safety Solutions Act H.R. 1815 – introduced by Full Committee Ranking Member Joe Barton (R-Texas). This legislation maintains the intent of CPSIA while protecting domestic toy makers. These mostly small business owners absolutely want to operate within the intent of the law, and obviously would prefer growing and prospering to folding. 

We also need to provide reasonable exclusions to the lead limit regulations while ensuring that the Consumer Product Safety Commission has the discretion to judge what is a safe product and that products with no health threat do not get driven out of the market place.  Additionally, thrift stores – like the Goodwill – must be able to continue accepting contributions without any fear of reprisal.

Hope springs eternal, and there might be a light at the end of the tunnel.  Democrats canceled a markup of a majority-written “fix” bill, and have replaced it instead with a legislative hearing we are scheduled to hold today – the proper sequence for evaluating legislation.  I am hopeful that this time, the Democrats will allow their Republican colleagues to help them move forward on amending CPSIA so that we can protect small businesses from the unintended consequences of this bipartisan bill.

We all have a vested interest in the safety of our children, and we owe it to them to get it right.  I firmly believe this can be accomplished in a bipartisan fashion, without driving small toymakers, thrift stores, and others out of business.  That is the last thing we need in an already tough economy.  By doing it right, we give parents and grandparents the certainty that the products they buy for their children are safe, and domestic small businesses the ability to continue to innovate, grow, and employ American workers.

Gingrey is a member of the Commerce, Trade, and Consumer Protection Subcommittee of the Energy and Commerce Committee.