Date: 1982-12-13
Speaker: SAM B. HALL (democrat)
Chamber: H

Mr. Speaker. I yield myself such time as I may consume. Mr. Speaker. S. 823 would allow the U.S. Claims Court to determine the claims of all those who were harmed by the Consumer Product Safety Commission ban on the rsle of certain childrens sleepwear. The history behind this bill -:gins in 1971. when the Consumer Product Safety Commission (CPSC) issued regulations containing flammability standards for childrens sleepwear. At the time it issued the standards. the CPSC knew that those Who produced the childrens sleepwearand material for such sleepwearwould treat the fabric with a chemical named tris in order to meet the flammability standard. The CPSC also knew that the safety of the chemical for that use had not been adequately tested. Nevertheless. the CPSC issued the standards. and. as expected. the producer used tris to meet the standard. Six years later. new information developed that tris was a carcinogenic chemical. On April 8. 1977. the CPSC. based on this information. banned the sale of all tristreated childrens sleepwearand material for such sleepwear. As a result of this ban. all tristreated garments and fabrics were withdrawn from the market. Losses were incurred by retailers. distributors. manufacturers. converters. and producers of childrens sleepwear and fabric who. as the result of .the original CPSC flammability standards. had flameproofed their products by the use of tris. Mr. Speaker. I emphasize that this bill does not grant any of the claims made by those who suffered due to the ban on tris. This bill simply allows the claimants to have the court determine whether their claims are valid. Only if the court determines that the claims satisfy the standards set forth in the bill will any compensation be paid. Mr. Speaker. I also want to emphasize the provisions included in this bill. which answer most of the concerns regardink the legislation. First. S. 823 as amended requires that a claimant prove that he has lawfully disposed of tristreated products before he obtains compensation. This is to guarantee that none of these garments inadvertently end up being used by children. Second. 8. 823 as amended prohibits any recovery by a claimant who knowingly exported Tristreated products after June 14. 1978. when the CPSC ban on the export of those products was announced. Third. S. 823 as amended requires that any claimant who received Small Business Administration loans or guarantees due to losses resulting from one ban on tristreated products must repay from any compensation under this bill any amounts still owed the SBA. Moreover. to assure that these amounts are repaid to the SBA. the bill provides that the amounts owed by deducted from the compensation before it Is paid to the claimant. Finally. S. 823 as amended states that this legislation does not constitute an admission of liability by the United States for any personal injuries the users of tristreated products may later claim. Mr. Speaker. this is a carefully crafted bill. It would provide a method of compensation for those who actually suffered losses due to governmental actions. At the same time. it assures that the only persons compensated are those who actually suffered losses due to their good faith attempts to comply with Government regulations. This is a good bill. this is a fair bill. I urge its passage. Mr. Speaker. I insert in the RECORD at this point a short explanation of S. 823. as amended: PURPOSE The purpose of the proposed legislation. as amended. is to confer jurisdiction on the United States Claims Court to hear. determine. and render judgment on claims by producers. manufacturers. distributors. converters or retailers of childrens sleepwear or of fabric. yarn. or fiber contained in or intended for use in such sleepwear. These claims relate to losses sustained in connection with U.S. governmental action. under the Federal Hazardous Substances Act. on April 8. 1977. and thereafter. in banning apparel. fabric. yarn. or fiber containing Tris.