FY 2012 Appropriations Law Bans Funding for Light Bulb Standard Enforcement, Etc.

Highlights of the 2012 appropriations for DHS (including CBP and TSA) have previously been covered in ITT. (See ITT’s Online Archives 11122013 for summary.)

The following are highlights of the non-DHS trade-related provisions in P.L. 112-74:

Department of Energy

Funding for Certain Light Bulb Standards Prohibited in FY 2012

P.L. 112-074 contains provisions that would prohibit any of its funding (FY 2012) from being used to implement or enforce:

100-watt incandescent bulb “phase out” - the more stringent energy conservation standards for general service incandescent lamps (light bulbs) under 10 CFR 430.32(x). The only standards impacted in 2012 would be the standard corresponding to 100 watt incandescent bulbs.

Implement, enforce standards for certain IRLs - the standards established by the tables contained in 42 USC 6295(i)(1)(B) with respect to BPAR incandescent reflector lamps (IRLs), BR incandescent reflector lamps, and ER incandescent reflector lamps.¹

But Prohibition May Have Little Impact

Standards themselves not changed. According to a National Electrical Manufacturers Association (NEMA) press release, the provision, which imposes funding limitations on DOE to enforce the light bulb standards for FY 2012, does not repeal or adjust the standards themselves or their effective timeline.

Manufacturers already switched to better bulbs. Senator Bingaman, Chairman of the Senate Energy and Natural Resources Committee, issued a press release in which he states that the provision “may have little practical consequence on which incandescent light bulbs are available in stores because, starting Jan 1, it will be illegal to produce or import the inefficient, wasteful bulbs in the U.S. The five major bulb manufacturers have already switched to making and selling the better bulbs.”

Consumer Product Safety Commission

P.L. 112-074 provides $114.5 million in FY 2012 funding for the Consumer Product Safety Commission (CPSC), slightly less than the amount enacted in FY 2011.

Potential Risks Associated with New and Emerging Consumer Products

The Government Accountability Office (GAO) would be required, not later than 1 year after the date of the enactment, to conduct an analysis of the potential safety risks associated with new and emerging consumer products, including chemicals and other materials used in their manufacture, taking into account the ability and authority of the CPSC to (i) to identify, assess, and address such risks in a timely manner; and (ii) keep abreast of the effects of new and emerging consumer products on public health and safety.

Efficacy of Voluntary Industry Standards for Cheap Consumer Imports

The GAO would also be required, not later than 150 days after the date of the enactment, to conduct an analysis of:

• the extent to which manufacturers comply with voluntary industry standards for consumer products, particularly with respect to inexpensive, imported products;
• whether there are consequences for such manufacturers for failing to comply with such standards;
• whether the Consumer Product Safety Commission has the authority and the ability to require compliance with such standards; and
• whether there are patterns of non-compliance with such standards among certain types of products or certain types of manufacturers.

H.R. 2055 also include a provision to make technical corrections to the Virginia Graeme Baker Pool and Spa Safety Act.)

Conferees Support Warning Labels, Etc. for Toys with Button Cell Batteries

The conferees note that small, round, coin-shaped batteries, known as button cell batteries' are increasingly present in consumer products, and pose a hazard (potentially fatal) to small children who ingest them. The conferees support efforts to ensure that these batteries are securely enclosed in products (like the existing Federal safety rules that require toys that use batteries to have such compartments), with accompanying warning labels.

Conferees Want New Efforts Against Corded Window Covering Strangulation Risk

According to the conferees, the CPSC has identified window coverings with cords as one of the top five hidden hazards in the home and CPSC is aware of 120 fatalities and 113 serious injuries related to corded window blinds since 1999. The conferees urge parties involved in the standards process to redouble efforts to address the strangulation risk posed by corded window coverings in a timely manner.

Export Provisions

Certain Surplus Western Red Cedar Exports to be Allowed

P.L. 112-074 contains a provision which states that certain additional western red cedar volume not sold to Alaska or contiguous 48 U.S. domestic processors may be exported to foreign markets at the election of the timber sale holder. All Alaska yellow cedar may be sold at prevailing export prices at the election of the timber sale holder.

(15 CFR 754 imposes short supply export controls on certain unprocessed western red cedar, including a license requirement and a license exception.)

Restrictions on Defense Export Licenses for Cluster Munitions

P.L. 112-074 states that no defense export license for cluster munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless certain conditions are met.

Funding Prohibitions for F-22A Fighters, Tobacco Exports

P.L. 112-74 prohibits its funding from being used to:

Tobacco - Promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type.

F-22A tactical fighters - Approve or license the sale of F-22A advance tactical fighters to any foreign government (although the Defense Department may conduct or participate in studies, research, design, or other activities to define and develop a future export version of the F22A that protects classified and sensitive information, technologies, etc.

¹According to the Appliance Standards Awareness Project, incandescent reflector lamps (IRLs) are common cone-shaped light bulbs most typically used in track lighting and "recessed can" light fixtures. The cone is lined with a reflective coating to direct the light. PAR lamps are the most common type of IRL; other common IRLs include "blown" PAR (BPAR) lamps, which are designed to be a low cost substitute for PAR lamps, and "bulged" reflector (BR) lamps. The organization states that use of BR lamps has ballooned over the past 15 years as manufacturers have taken advantage of a loophole that exempts them from federal standards.

(See ITT’s Online Archives 11122013 for summary of passage of H.R. 2055 conference report by House and Senate.

See ITT's Online Archives 11032822 for summary of DOE light bulb standards.)

Senator Bingaman press release available here

NEMA press release available here

H.R. 2055 available here

H.R. 2055 conference report available here