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You are here: Home / NewsMom Investigates / Investigating Car Seat Chemicals / Investigating Car Seat Chemicals: The Lawmaker Response

Investigating Car Seat Chemicals: The Lawmaker Response

May 20, 2016 By newsmom 2 Comments

“If chemical-conscious moms spent as much time advocating against flame retardants in car seats as they did trying to find one without flame retardants, we wouldn’t be here.” That was the response from Green Science Policy Institute founder Arlene Blum when asked what parents could do about concerning chemicals in car seats.

Blum is one of the foremost experts on flame retardants in consumer products. Her research was the catalyst for the decision to remove Chlorinated Tris from children’s clothing in the ’70s and led to the revision of California’s furniture flammability standard, which can now be met without retardants.

However, many concerned parents say they don’t know who to contact or where to start. So, ahead of our most recent story, we reached out dozens of lawmakers with oversight of the National Highway Traffic Safety Administration (NHTSA) and compiled this resource.

See Toxic Safety: Investigating Car Seat Chemicals for context:

It began with a consumer story about alleged false advertising and expanded into a year-long KPIX-CBS investigation exposing apparent legal loopholes and outdated federal regulations that may systematically expose millions of children to concerning, even known-cancer-causing, chemicals in their car seats.

In light of the more than 20 million U.S. children exposed to chemical flame retardants in car seats daily, along with increasing concerns about the health effects of those chemicals on children—and the lack of evidence that they provide a significant safety benefit in a car seat—many believe it is incumbent upon NHTSA and Congress to accelerate research into an alternative flammability standard for car seats that does not ostensibly require flame retardants.

We shared our research with three Congressional committees and more than 60 individual members of Congress, focusing primarily on the majority members who currently have the power to call hearings and get bills passed.

Below, you’ll find a summary of the responses to our investigation from the congressional committees with direct oversight of NHTSA.

Key Committees With Jurisdiction Over NHTSA

Senate Committee on Commerce, Science & Transportation
House Energy and Commerce Committee
House Committee on Transportation & Infrastructure

Most notably, two committees and three lawmakers have taken action so far.

Members of both the House and Senate Commerce Committees questioned NHTSA about the standard after reviewing our findings.

Senator Kelly Ayotte (R-NH) raised the issue at a recent Senate Commerce hearing with the Department of Transportation and requested a separate hearing specifically to discuss flame retardants in car seats. She and Chairman John Thune (R-SD) sent a joint letter to the NHTSA administrator requesting additional information about the agency’s research into the effectiveness of its 44 year old standard.

However, Rep. Jared Huffman (D-CA) has gone significantly further. After contacting NHTSA and commissioning a nonpartisan congressional research report, Huffman has now introduced legislation that would require NHTSA to update its flammability standard for car seats.

Huffman’s legislation would modernize car seat regulations by requiring the National Highway Traffic Safety Administration (NHTSA) to update its flammability test for children’s car seats from an “open flame” to a “smolder” test. California Governor Jerry Brown has approved a similar shift for furniture sold in the state because of concerns regarding toxic flame retardant chemicals. This smolder test is a more appropriate standard for the types of fire hazard risks actually present in automobile crashes, and will ensure that the use of arbitrary and inappropriate standards do not force manufacturers to apply dangerous chemicals unnecessarily.

While the agency has now committed to beginning research into an updated flammability standard, Huffman cites the nonpartisan congressional research report he commissioned following our investigation as evidence that legislation is required. “Because any administrative changes to NHTSA’s flammability standard might take years, legislation is required that will force the adoption of a more reasonable smolder test for children’s car seats,” said Huffman.

The bill was introduced into the House Commerce Committee. The majority (Republican) members of the House Commerce Committee currently have the power to expedite the legislation.

However, it would likely require support from key members including Chairman Fred Upton (R-MI) and Vice Chairman Marsha Blackburn (R-TN) to see any significant movement during this session of congress.

This Change.Org petition by the blogger “Natural Baby Mama” is calling on lawmakers to immediately support and pass Huffman’s legislation. We shared our findings with more than 60 members of Congress who have oversight of NHTSA. So far, none have signed on to support the legislation.


Responses From Key Lawmakers

Below you will find the responses we received from each committee that we reached out to and a selection of key members on those committees.

Use these links to navigate the responses below:

Senate Committee on Commerce, Science & Transportation

The House Energy and Commerce Committee

House Committee on Transportation & Infrastructure

Congressional Research Report - Car Seat Flame Retardants

Congressional Research Report – Car Seat Flame Retardants

Car Seat Flame Retardant Legislation

Car Seat Flame Retardant Legislation

DOT Response To Rep. Huffman

DOT Response To Rep. Huffman

Senator Ayotte-Chairman Thune Letter To DOT

Senator Ayotte-Chairman Thune Letter To DOT

 


Senate Committee on Commerce, Science & Transportation:

Of the committees we reached out to, the most responsive by far was the Senate Committee on Commerce, Science & Transportation.

After reviewing our findings, the Senate Commerce communications director announced a hearing where members would have the opportunity to question the Department of Transportation about the 44-year-old flammability regulation that critics say needlessly exposes kids to concerning–and, in some cases, cancer-causing—flame retardants in car seats.

The Senate Commerce Committee intends to query NHTSA about its flammability standards. In addition, Senators on the committee will have an opportunity to raise concerns about safety and transportation policy at an upcoming hearing.

– Frederick Hill, Communication Director

Senator Kelly Ayotte was the only member to raise the issue at the hearing. In response, Transportation Secretary Anthony Foxx read from a prepared statement that was nearly word-for-word the same statement NHTSA provided to KPIX in February. Since then, our investigation has discredited many of the agency’s assertions and called into question the relevancy of statistics cited by the agency.

Also See: Chemicals in Children’s Car Seats Addressed at Washington Hearing • CBS San Francisco

Before the hearing, we provided committee members with data that clearly contradicted many of the assertions made by Secretary Foxx. However, due to limited time, lawmakers did not ask follow up questions.

The hearing was intended to address a variety of transportation issues, but Ayotte has requested a separate hearing to specifically discuss flame retardants in car seats. Additionally, Ayotte and Commerce Committee Chair, Sen. John Thune (R-S.D.), sent a joint letter to the NHTSA administrator asking followup questions.

Here is the full list of members of the Commerce Committee, which has oversight of NHTSA.

Below is a list of the members we contacted along with their response.

Surface Transportation Subcommittee 
SenatorStateDC Office PhoneResponse
Kelly AyotteNew Hampshire(202) 224- 3324I wanted to share with you that we’ve actually just called for a hearing of the Commerce Committee on this very topic. We’ll be putting out a press release on this sometime this week, but the letter we sent is attached here.
Deb FischerNebraska(202) 224- 6551Sen. Fischer’s subcommittee would not have relevant jurisdiction on this issue.
Roger WickerMississippi(202) 224- 6253Jurisdiction belongs to the Commerce Committee, specifically the Subcommittee on Consumer Protection, Product Safety, Insurance, and Data Security. Sen. Wicker is not a member of that particular subcommittee.
Roy BluntMissouri(202) 224- 5721In general, the subcommittee chair, Sen. Fischer, and/or the fill committee chair, Sen. Thune, would be in a position to call a hearing.  You may want to reach out to those offices as well.  I will do the same to see if this issue has come up and is being discussed.
Jerry MoranKansas(202) 224- 6521No Response
Dan SullivanAlaska(202) 224- 3004No Response
Ron JohnsonWisconsin(202) 224- 5323(Asked us to send him more information on our findings)
Steve DainesMontana(202) 224- 2651No Response
Dean HellerNevada(202) 224- 6244No Response

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 The House Energy and Commerce Committee:

Members of the House Energy and Commerce Committee also reached out to NHTSA after reviewing our findings. Of the 30+ members of the committee that we directly reached out to, most declined to comment and instead pointed us to the committee statement below and Facebook post on the topic.

Thanks again for bringing the issue to our attention. We’ve reached out to both NHTSA and CPSC, and are waiting NHTSA’s completion of its important work. Also wanted to flag this Facebook post for you highlighting both your work and the station’s. I will be in touch when I have more information.

– Dan Schneider, Press Secretary

We followed up to ask for more information, including a copy of NHTSA’s response to the committee and a time frame or deadline for NHTSA’s “important work.”

We also inquired about specific details, including which tests NHTSA is planning to perform, how much input the agency will solicit from the chemical industry or the fire scientists involved in revising the furniture flammability standard, and whether there would be a third-party independent review of NHTSA’s findings.

Schneider clarified that the majority of their communications with NHTSA have been verbal, and they’ve not received a formal response yet.

Rep. StateDC OfficeResponse
Gus BilirakisFlorida(202) 225- 5755No Response
John ShimkusIllinois(202) 225- 5271No Response
Adam KinzingerIllinois(202) 225- 3635The Congressman, as a member of the Energy and Commerce Committee, will join his colleagues in looking further into this issue based on the information received.
Larry BucshonIndiana(202) 225- 4636No Response
Susan BrooksIndiana(202) 225- 2276No Response
Mike PompeoKansas(202) 225- 6216Congressman Pompeo has no comment on this issue.
Ed WhitfieldKentucky(202) 225- 3115It is our understanding that the Energy and Commerce committee has contacted both the National Highway Traffic Safety Administration and the Consumer Product Safety Commission on this issue.
Brett GuthrieKentucky(202) 225- 3501No Response
Steve ScaliseLouisiana(202) 225- 3015No Response
Fred UptonMichigan(202) 225- 3761No Response
Gregg HarperMississippi(202) 225- 5031No Response
Billy LongMissouri(202) 225- 6536Response Forthcoming
Leonard LanceNew Jersey(202) 225- 5361Thanks for this.  I’m going to make sure the Energy and Commerce Committee staff is seeing this request.
Chris CollinsNew York(202) 225- 5265No Response
Renee EllmersNorth Carolina(202) 225- 4531No Response
Richard HudsonNorth Carolina(202) 225- 3715email bounce back
Kevin CramerNorth Dakota(202) 225- 2611No Response
Robert LattaOhio(202) 225- 6405No Response
Bill JohnsonOhio(202) 225- 5705(Followed up via phone to get more information)
Markwayne MullinOklahoma(202) 225- 2701No Response
Greg WaldenOregon(202) 225- 6730No Response
Joseph PittsPennsylvania (202) 225- 2411Thanks for your inquiry. I would suggest reaching out to Dan Schneider on the Energy and Commerce Committee, as he is the point person on the issue.
Tim MurphyPennsylvania(202) 225- 2301I would suggest getting in touch directly with the Energy and Commerce Committee regarding this request.
Marsha BlackburnTennessee(202) 225- 2811email bounce back
Joe BartonTexas(202) 225- 2002No Response
Michael BurgessTexas(202) 225- 7772“This is a serious consumer protection issue. We are committed to gathering all of the necessary information from the appropriate federal agencies. The House Energy & Commerce Committee has reached out to both NHTSA and CPSC. NHTSA has informed us that it is taking this issue seriously and is looking into revising the testing standards of flame retardants in car seats. While we await the completion of this critical work, we will continue monitoring these potentially dangerous incidences closely to be sure all children are safe on the road.”
Pete OlsonTexas(202) 225- 5951No Response
Bill FloresTexas(202) 225- 6105No Response
Morgan GriffithVirginia(202) 225- 3861Response Forthcoming
Cathy McMorris RodgersWashington(202) 225- 2006email bounce back
David McKinleyWest Virginia(202) 225- 4172The Committee is looking into the issue, has reached out to NHTSA and CPSC, and I am sure they will keep you updated upon NHTSA’s completion of its important work.

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House Committee on Transportation & Infrastructure:

We initially reached out to 30 majority members in the House Committee on Transportation & Infrastructure after an interview with Rep. Huffman, a minority member of that committee. Huffman was the first, to our knowledge, to question NHTSA about the flammability standard in car seats.

We shared a summary of our investigation with each of the members and asked for a response, or even a call on background to discuss the issue. Before any of the members had the opportunity to respond, the committee’s communication director sent us the following response and essentially instructed them not to comment.

The issue of flame retardant car seats is not within the Transportation Committee’s jurisdiction.  Think of it like this in terms of highway and vehicle safety/NHTSA – The roads you drive on are Transportation Committee;  the things on the roads are Energy and Commerce. While it’s any member’s prerogative to weigh in on any issue, our committee members wouldn’t necessarily be familiar with it simply based on their seat on the committee.  I believe it wouldn’t be productive to comment on an issue that is outside of this committee’s jurisdiction and expertise.

– Jim Billimoria, Communication Director

Here’s a list of the members we contacted along with their response.

Rep.StateDC PhoneResponse
Jared HuffmanCalifornia(202) 225- 5161(Introduced legislation requiring NHTSA to update its standard.)
Sam GravesMissouri(202) 225- 7041No Response
Duncan HunterCalifornia(202) 225- 5672No Response
Jeff DenhamCalifornia(202) 225- 4540“Thanks for reaching out – I’m told that NHTSA jurisdiction is actually with the Energy & Commerce committee.”
Mimi WaltersCalifornia(202) 225- 5611No Response
Don YoungAlaska(202) 225- 5765No Response
John DuncanTennessee(202) 225- 5435No Response
John MicaFlorida(202) 225- 4035No Response
Frank LoBiondoNew Jersey(202) 225- 6572No Response
Eric CrawfordArkansas(202) 225- 4076No Response
Lou BarlettaPennsylvania(202) 225- 6511No Response
Blake FarentholdTexas(202) 225- 7742No Response
Bob GibbsOhio (202) 225- 6265No Response
Richard HannaNew York (202) 225- 3665No Response
Daniel WebsterFlorida (202) 225- 2176No Response
Jeff DenhamCalifornia (202) 225- 4540No Response
Reid RibbleWisconsin(202) 225- 5665(Communications Director reached out via phone to learn more)
Thomas MassieKentucky(202) 225- 3465No Response
Tom RiceCarolina (202) 225- 9895No longer on the committee
Mark MeadowsNorth Carolina(202) 225- 6401No Response
Scott PerryPennsylvania(202) 225- 5836No Response
Rodney DavisIllinois(202) 225- 2371No Response
Rob WoodallGeorgia(202) 225- 4272No Response
John KatkoNew York(202) 225- 3701No Response
Brian BabinTexas(202) 225- 1555No Response
Cresent HardyNevada(202) 225- 9894Email Bounce Back
Ryan CostelloPennsylvania (202) 225- 4315No Response
Garret GravesLouisiana(202) 225- 3901No Response
Mimi WaltersCalifornia(202) 225- 5611No Response
Barbara ComstockVirginia(202) 225- 5136No Response
Bill ShusterPennsylvania(202) 225- 2431No Response

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NOTE: This post was updated on 5-27-16 after Rep. Huffman introduced legislation and again on 6-23-16 to include details about the Senate Commerce Hearing with the Department of Transportation.


Learn More

For a summary of the ongoing investigation into chemicals in car seat along with additional resources for parents, links to relevant data & documents, responses from lawmakers and editorials by the reporter, see:

Car Seat Chemicals Continuing Coverage

What began as a NewsMom editorial, expanded into a 6-month KPIX-CBS investigation exposing alleged false advertising, apparent legal loopholes and outdated federal regulations that systematically expose millions of children to concerning, even known-cancer-causing, chemicals in their car seats.

 

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Click above to return to the NewsMom "Car Seat Chemicals" resource page featuring continuing coverage, lawmaker reaction, background data and unique resources to help reduce your child's exposure to concerning chemicals in car seats.

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