Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, good morning. I rise in opposition to Senate bill 3874 that was introduced by Barbara Boxer of California, the Reduction of Lead…
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, good morning. I rise in opposition to Senate bill 3874 that was introduced by Barbara Boxer of California, the Reduction of Lead in Drinking Water Act, and urge my colleagues to do likewise.
I want to be clear that simply by opposing this bill, I do not support lead in drinking water, obviously. Let's clear the air on that. Rather, I am opposed to the manner in which this bill tackles the problem and, simply, Mr. Speaker, the unintended consequences that could result. So bear with me.
This legislation lowers the Federal limit for lead allowed in the manufacturing of certain plumbing fixtures that come into contact with water that Americans drink. However, reports in The Washington Post and testimony before Congress suggest that lead service lines are the biggest culprits of leeched lead. People should not mistake this bill as a panacea when other actions like corrosion protection and other treatments, including some lead line replacement, have just as much, if not more, impact on what this legislation purports to do.
Second, we need an education component to this bill. I urge my colleagues to vote against this bill so we can get an education component part of it. I am concerned that do-it-yourselfers, much like me, are going to see this legislation pass, think that their existing faucets are toxic fountains, go to their hardware store to get a new faucet, cut their home piping, thereby releasing lead shavings into their home's pipes, and wind up with water streaming from their faucets with even more lead than had they just left the faucet alone.
And, third, I know many of this bill's supporters believe we need this bill in order to prevent disparate standards among the States and that much of the industry is either meeting the most stringent State standards or is ready to make the move to do so. But, Mr. Speaker, I am not convinced, though, that this bill will provide the kind of preemption that prevents States from enacting different laws after this bill's enactment. The 50 States could do that. If the major producers of faucets in this country are already making the kinds of changes that the bill seeks, and the bill does not solve this preemption problem, then why do we have to pass a Federal bill in the first place?
And, finally, my colleagues and, importantly, the Congressional Budget Office estimate for identical provisions in a House bill projected the cost of the mandate in this bill, introduced by Barbara Boxer, would be the additional costs to manufacturers, importers, or users associated with producing or acquiring compliant products.
So based on information from industry sources, CBO wrote on July 27, 2010, to expect that some manufacturers would already be in compliance with the new standard because of existing
standards in some States, for example, California, Maryland, and Vermont: ``However, information from those sources suggest that the incremental cost of manufacturing or importing such products would total hundreds of millions of dollars to the private sector in at least some of the first 5 years the mandate is in effect.'' Some of those costs could be passed through to end users, including public entities.
While the additional cost to State, local, and tribal entities could be significant, CBO estimates that those costs would total less than the annual threshold established in the Unfunded Mandate Reform Act in 1995 for intergovernmental mandates.
Now what does that mean? Let me just explain. Just because it doesn't create unfunded mandates on the United States Government doesn't mean it is not going to create a huge amount of unfunded mandates on the private sector. In fact, this would be a large cost for the private sector, even though the advocates for this bill will say there is no unfunded mandates on the government.
To be fair, the industry has challenged these figures that the proponents of this bill have suggested, and most companies will just simply pass their costs along in a highly competitive market. When you look at this bill, the industry is saying that at a maximum the best guess would be almost a 3 percent increase to consumers if and when they need a new faucet valve or fitting. This is not the kind of disparity that we need. We should be able to reconcile these numbers before American jobs are challenged by this bill.
So, Mr. Speaker, there are probably some very worthy reasons to pass this bill, including perhaps stopping bad products produced overseas from entering the stream of U.S. commerce, and we know counterfeit products will be provided. However, and unfortunately, the issues that I have mentioned outweigh the good intentions of this bill that was introduced by Barbara Boxer in California, and I would urge my colleagues to oppose its passage.
I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
The gentleman will realize, of course, that oftentimes a bill has a wonderful-sounding name on it. And bills sometimes pass here by unanimous consent; and lo and behold, we go back and find there are unintended consequences. I submit to the gentleman that when the Senate passed this, they might have done that under the same auspices. And I suspect if they looked at it carefully, particularly some of the folks over there that I know, they would not have been in unanimous support of this.
Also when you talk about the Plumbing Manufacturers Institute, as you know, lots of times when people are quoted down here, there are sometimes, and I'm not saying this is always true, but sometimes there is vested interest in an issue. We see sometimes on the floor some people are proponents of an issue, and lo and behold there is some perhaps indirect, discrete, perhaps some vested interest. I have not seen the Plumbing Manufacturers Institute letters, I am not familiar with that, but I suspect I could find a letter on this side that would refute the Plumbing Manufacturers Institute. In fact, we have many people who have pointed out to us that this is going to increase cost.
So your other argument that people will not react, I have seen people react, particularly young families who perhaps think that there might be lead in the water with their infants, and they might overreact. And what happens when new detection levels are achieved?
So I would say to my friend that we have here a clear case of a difference of opinion. Here we are in 2010 before the Christmas holidays, and we are still talking about something that I think for the most part even you admitted it, a lot of the States are complying and are underneath the requirement. So if that is true, why do we need the bill? You are even making my argument of why do we need this bill that would have unintended consequences when you admit yourself that the States now are underneath the requirement.
I think all of us do not want to have lead in our water. All of us believe that there is some reason for Congress to get involved and to make sure that States comply to Federal preemption and that we also continue to monitor this and see what the latest detection levels are.
But I submit I have been in Congress a number of years, just as you have, and we have specified again and again requirements to not have lead in our water. So I think at this point this bill is probably an overstep, an overreach. And taking your own comment that a lot of the States are underneath the requirement, I'm not sure that we need the bill.
I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Let me first of all say, when you are quoting conservatives, the former chairman of the Energy and Commerce Committee, Ranking Member Joe Barton, is against this bill. So when you talk about who is the spokesman in the House, Joe Barton on Energy and Commerce is the spokesman. You serve on Energy and Commerce, so you obviously would respect his opinion.
Also, I would say to my colleague, we are not a subcommittee of the Senate. We are an independent body. So as much as I respect your voicing accommodation to the Senate frequently here, I submit that the House of Representatives is a totally different body and represents closer to the people, the people who go to Lowe's, the people who go to the hardware stores, and the people who don't want to have over- regulation and are trying to create jobs in this economy.
You keep mentioning how the Senate overwhelmingly supports this bill. I would say rhetorically to you: Did you support the tax cuts last night? Did you support the tax cut extension? A lot of people on the majority did not; yet in the Senate, it was overwhelmingly supported. So oftentimes there is a different approach in the Senate than in the House.
And I suspect if you get elected every 6 years as opposed to every 2 years, you are going to have a little more close relationship with your constituents. You will do town meetings. You will do telephone town meetings. Whereas if you are a U.S. Senator, perhaps you have a large State, you will be doing it through the media. But if you are there in a town meeting when somebody comes up to you face to face and says, Stearns, why are you going to put this new requirement in? I thought we had the proper levels already in place, and why are you stipulating more regulation?
And so I go back again to your statement that basically this is a case where the States are underneath the requirement. Going by your own statement, I think you have summed up my argument that the bill is not needed.
I reserve the balance of my time.
Will the gentleman yield?
At that point, that was not the bill that Barbara Boxer introduced in the Senate. That was a bill that was instituted and created in the House.
Mr. Speaker, I yield myself such time as I may consume.
This debate has probably gone on too long for this. I will wrap up and just say to my colleagues that at the point that Mr. Barton had an understanding with Mr. Waxman, it was under different understandings for the funding of the bill, the science of the bill, and the labor provisions. These things have since changed.
As you know, if it was the same bill, it would come back under a House bill number, but it is coming back as a Senate bill that was introduced by Barbara Boxer. So, as you would realize, this is not the same bill; otherwise, what Mr. Barton agreed upon with Mr. Waxman, that would be the bill that we would be voting on. As you know, this is not the bill. This is a different bill.
I urge my colleagues, with that, to vote against the bill, and I yield back the balance of my time so we can move on to other important bills.
Mr. Speaker, on that I demand the yeas and nays.