received in commerce shall be unlawful and shall be an unfair method of competition and an unfair and deceptive act or practice in commerce under the Federal Trade Commission Act. STANDARD OF FLAMMABILITY SEC. 4. (a) Any article of wearing apparel or fabric shall be deemed so highly flammable within the meaning of section 3 of this Act as to be dangerous when worn by individuals if any uncovered or exposed part of such article of wearing apparel or fabric exhibits rapid and intense burning when tested under the conditions and in the manner prescribed in the Commercial Standard promulgated by the Secretary of Commerce effective January 30, 1953, and identified as "Flammability of Clothing Textiles, Commercial Standard 191-53". (b) When in his opinion the protection of the public interest so requires, the Secretary of Commerce is authorized to modify or supplement the test methods, procedures and standards provided in this Act for determining the rapid and intense burning of wearing apparel and fabrics, by adopting for the purposes of this Act any revision of or amendment to "Flammability of Clothing Textiles, Commercial Standard 191-53" and/or any new applicable commercial standard: Provided however, That any such modification or supplement shall have been developed under the same procedures which were in effect and used in connection with the establishment of Commercial Standard 191-53. ADMINISTRATION AND ENFORCEMENT SEC. 5. (a) Except as otherwise specifically provided herein, sections 3, 5, and 6 of this Act shall be enforced by the Federal Trade Commission under rules, regulations, and procedure provided for in the Federal Trade Commission Act. (b) The Commission is authorized and directed to prevent any person from violating the provisions of section 3 or from knowingly issuing a false guaranty under section 8 of this Act in the same manner, by the same means and with the same jurisdiction, powers and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act; and any such person violating any provision of section 3 of this Act shall be subject to the penalties and entitled to the privileges and immunities provided in said Federal Trade Commission Act as though the applicable terms and provisions of the said Federal Trade Commission Act were incorporated into and made a part of this Act. (c) The Commission is authorized and directed to prescribe such rules and regulations as may be necessary and proper for purposes of administration and enforcement of this Act. (d) The Commission is authorized to (1) cause inspections, analyses, tests, and examinations to be made of any article of wearing apparel or fabric which it has reason to believe falls within the prohibitions of this Act; and (2) to cooperate on matters related to the purposes of this Act with any department or agency of the Government; with any State, Territory, or possession or with the District of Columbia; or with any department, agency, or political subdivision thereof; or with any person. INJUNCTION AND CONDEMNATION PROCEEDINGS SEC. 6. (a) Whenever the Commission has reason to believe that any person is violating or is about to violate section 3 of this Act, and that it would be in the public interest to enjoin such violation until complaint under the Federal Trade Commission Act is issued and dismissed by the Commission or until order to cease and desist made thereon by the Commission has become final within the meaning of the Federal Trade Commission Act or is set aside by the court on review, the Commission may bring suit in the district court of the United States or in United States court of any territory for the district or territory in which such person resides or transacts business, to enjoin such violation and upon proper showing a temporary injunction or restraining order shall be granted without bond. (b) Whenever the Commission has reason to believe that any article of wearing apparel has been manufactured or introduced into commerce or any fabric has been introduced in commerce in violation of section 3 of this Act, it may institute proceedings by process of libel for the seizure and confiscation of such article of wearing apparel or fabric in any district court of the United States within the jurisdiction of which such article of wearing apparel or fabric is found. Proceedings in cases instituted under the authority of this section shall conform as nearly as may be to proceedings in rem in admiralty, except that on demand of either party and in the discretion of the court, any issue of fact shall be tried by jury. Whenever such proceedings involving identical articles of wearing apparel or fabrics are pending in two or more jurisdictions, they may be consolidated for trial by order of any such court upon application seasonably made by any party in interest upon notice to all other parties in interest. Any court granting an order of consolidation shall cause prompt notification thereof to be given to other courts having jurisdiction in the cases covered thereby and the clerks of such other courts shall transmit all pertinent records and papers to the court designated for the trial of such consolidated proceedings. (c) In any such action the court upon application seasonably made before trial shall by order allow any party in interest, his attorney or agent, to obtain a representative sample of the article of wearing apparel or fabric seized. (d) If such articles of wearing apparel or fabrics are condemned by the court they shall be disposed of by destruction, by delivery to the owner or claimant thereof upon payment of court costs and fees and storage and other proper expenses and upon execution of good and sufficient bond to the effect that such articles of wearing apparel or fabrics will not be disposed of for wearing apparel purposes until properly and adequately treated or processed so as to render them lawful for introduction into commerce, or by sale upon execution of good and sufficient bond to the effect that such articles of wearing apparel or fabrics will not be disposed of for wearing apparel purposes until properly and adequately treated or processed so as to render them lawful for introduction into commerce. If such products are disposed of by sale the proceeds, less costs and charges, shall be paid into the Treasury of the United States. PENALTIES SEC. 7. Any person who willfully violates section 3 of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $5,000 or be imprisoned not more than one year or both in the discretion of the court: Provided, That nothing herein shall limit other provisions of this Act. GUARANTY SEC. 8. The penalties provided for a violation of section 3 of this Act shall not apply to any person who establishes a guaranty received in good faith, signed by and containing the name and address of the person residing in the United States by whom the fabric or wearing apparel covered by the guaranty was manufactured or from whom it was received, to the effect that reasonable and representative tests made under the procedures provided in section 4 of this Act show that the specific type of fabric covered by the guaranty or used in the wearing apparel covered by the guaranty, when so tested was not highly flammable within the meaning of section 3 of this Act: Provided, That a person furnishing such a guaranty (except a person relying upon a guaranty received in good faith to furnish a guaranty to the same effect, if he, by further processing, has not affected the flammability of the fabric or wearing apparel covered by the guaranty) shall not be relieved thereby from any of the penalties prescribed for violation of section 3 of this Act. SHIPMENTS FROM FOREIGN COUNTRIES SEC. 9. Any person who has exported or has attempted to export from any foreign country into the United States any wearing apparel or fabric which under the provisions of section 4 is so highly flammable as to be dangerous when worn by individuals may thenceforth be prohibited by the Commission from participating in the exportation from any foreign country into the United States of any wearing apparel or fabric except upon filing bond with the Secretary of the Treasury in a sum double the value of said products and any duty thereon, conditioned upon compliance with the provisions of this Act. INTERPRETATION AND SEPARABILITY SEC. 10. The provisions of this Act shall be held to be in addition to, and not in substitution for or limitation of the provisions of any other law. If any provision of this Act or the application thereof to any person or circumstances is held invalid the remainder of the Act and the application of such provisions to any other person or circumstances shall not be affected thereby. EXCLUSIONS SEC. 11. The provisions of this Act shall not apply (a) to any common carrier, contract carrier or freight forwarder with respect to an article of wearing apparel or fabric shipped or delivered for shipment into commerce in the ordinary course of its business; or (b) to any person manufacturing, delivering for shipment, shipping, selling, or offering for sale, for export from the United States to any foreign country an article of wearing apparel or fabric made in accordance with the specifications of the purchaser; or (e) to any converter, processor, or finisher in performing a contract or commission service for the account of a person subject to the provisions of this Act: Provided, That said converter, processor, or finisher does not cause any article of wearing apparel or fabric to become subject to this Act contrary to the terms of the contracts or commission service; or (d) to any article of wearing apparel or fabric shipped or delivered for shipment into commerce for the purpose of finishing or processing to render such article or fabric not highly flammable under the provisions of section 4 of this Act. EFFECTIVE DATE SEC. 12. This Act shall take effect twelve months after the date of its passage. AUTHORIZATION OF NECESSARY APPROPRIATIONS SEC. 13. There is hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. The CHAIRMAN. I desire to bring to the attention of the committee the reports that have come from the various departments and agencies of the Government. I think that too frequently we do not give sufficient attention to these reports. I desire to read the report from the Assistant Secretary of Commerce, Mr. Sheaffer, speaking for the Department of Commerce. His letter is dated April 15, 1953, and is addressed to the chairman of this committee. [Reading:] Hon. CHARLES A. WOLVERTON, DEPARTMENT OF COMMERCE, OFFICE OF THE SECRETARY, Washington 25, D. C., April 15, 1953. Chairman, Committee on Interstate and Foreign Commerce, House of Representatives, Washington, D. C. DEAR MR. CHAIRMAN: This letter is in further reply to your communications of February 10, 1953, March 12, 1953, and March 25, 1953, requesting the views of this Department with respect to H. R. 2768, H. R. 3851, and H. R. 4159, respectively, bills to prohibit the introduction or movement in interstate commerce of articles of wearing apparel and fabrics which are so highly flammable as to be dangerous when worn by individuals, and for other purposes. We believe that legislation for this purpose is essential for the protection of the public. Recent newspaper accounts of loss of appropriately designated "explosive sweaters", make out a case for the need for regulation in this field. State action is generally limited to regulation at the point of sale to the ultimate user. State action also falls on the usually innocent retailer rather than on the manufacturer who, in contrast to the retailer, is in a position to know of the potential dangerous character of the fabric utilized in making the garments. Because of the interstate traffic in these materials, Federal regulation appears to be the only effective means of eliminating the hazard. We wish to invite your attention to the fact that H. R. 4159 and H. R. 3851 provide that the standard of flammability shall be the commercial standard now in effect and any modification thereof shall be made in accordance with presently existing procedures for the development of Commercial Standards. The assent of large segment of the affected industry is required before standards are placed in effect or modified under presently existing procedures. Where adherence to commercial standards is purely voluntary, this procedure is satisfactory. The required assent to modifications of the standards of flammability by a substantial number of the persons to be regulated by the proposed law raises a question of the constitutionality of the delegation of authority to establish modifications in the standard. The applicable law is not clear. In any event, the policy involved appears subject to question. For these reasons, H. R. 2768, which does not require industry approval of changes in the present standard, is, in our opinion, preferable if certain minor amendments are made thereto. On page 5, line 22, should read "Commercial Standard CS 191-53, Flammability of Clothing Textiles." On page 5, line 24, the words "shall be effective" should be inserted before the period. On page 6, line 24, the first word should read "cause." On page 10, lines 5 and 6, the words "under the presently existing procedures for the establishment of commercial standards" should be deleted since the present procedures for establishing standards do not relate to the furnishing of guaranties. Subject to your consideration of these amendments, the Department recommends enactment of H. R. 2768. We have been advised by the Bureau of the Budget that there would be no objection to our submission of this letter. If we can be of further assistance in this matter, please call on us. C. R. SHAEFFER, I have a letter from the Federal Trade Commission dated March 19, 1953, which relates to the that were introduced prior to that time. This opinion or letter from the Commission is submitted by James M. Mead, Chairman of the Federal Trade Commission. The letter reads: FEDERAL TRADE COMMISSION, Washington 25, D. C., March 19, 1953. Hon. CHARLES A. WOLVERTON, Chairman, Committee on Interstate and Foreign Commerce, House of Representatives, Washington, D. C. MY DEAR MR. WOLVERTON: This is in response to your recent communication requesting report and comment upon H. R. 2768, entitled "A bill to prohibit the introduction or movement in interstate commerce of articles of wearing apparel and fabrics which are so highly flammable as to be dangerous when worn by individuals, and for other purposes" (83d Cong., 1st sess.). The problem to which the proposed legislation is directed has been the subject of much attention by the Commission. In our view the need for more adequate protection of the public against the hazards and risks arising from the marketing ing textile merchandise of highly flammable character is a pressing one. The text of the bill, H. R. 2768, appears to us to be in excellent shape with the exception of certain points which we believe merit careful consideration by the Congress. These points and our suggestions and comments in respect to them are presented as follows: SCOPE OF H. R. 2768 (1) It will be noted that the bill in its scope is limited to certain articles of wearing apparel and fabrics which are intended or sold for use in wearing apparel. Such things, therefore, as blankets for children and adults, bedspreads, lap robes, upholsteries, draperies, stuffed toys, rugs, and household textiles generally are not covered by the measure. Fabric merchandise used in the home can be highly flammable and involve much danger to the safety of individuals in their constant use in close contact with individuals in the family. They may be especially hazardous to small children and elderly persons who, it may be assumed, are not able to act with as much speed or agility for protecting themselves in the event of fire as are the normal active in-between ages. Exclusion of these textiles, therefore, presents a serious question as to whether the bill should be enlarged in its scope so as to be applicable to such household or family textiles when they are so highly flammable as to be seriously dangerous to individuals in their ordinary use in the home. We feel that these additional items when made of dangerously flammable materials should not be excluded from the bill unless the committee prefers to have them treated in separate legislation. This might well be deemed by the committee to be a desirable course to follow in view of the apparent need of having at least partial coverage speedily enacted into law. (2) With respect to the exception provided in section 2 (d) of hats, gloves, and footwear, it is noted that such is limited by provisos. In previous consideration of legislation of this type we had suggested restrictions of the character set forth in these provisions. Unless restricted at least to the extent attempted by such provisos, the exemption of hats, gloves, and footwear, it appears, would in instances leave the public exposed to the dangers against which the bill is intended to afford protection. Without the limiting provisions, such wearing apparel as hoods, baby bonnets, head scarves, and types of headwear which cover the neck, face, or shoulders when made of fabrics which under the standards of the bill exhibit rapid and intense burning, they can present hazards of most serious consequence. For the same reason the provisos likewise properly prevent an exception being accorded to gloves which are very long or are part of another garment, to hosiery, and to types of footwear that form part of another article of wearing apparel. In the event of their becoming ignited these articles present difficulty in respect to quick removal from the person. Such factor is of considerable importance since avoidance of dangerous burns depends in large measure upon the ease and speed with which the garment can be taken off by the wearer. While not wholly removing the exemption of hats, gloves, and footwear, we believe the provisos set forth in section 2 (d) are necessary to afford certain reasonable limitation of the character mentioned in the interest of protecting the consumer. (3) Among further exemptions from the measure is that of "fiber filament or yarn" as provided in section 2 (e). Textiles within this exempt class are used extensively for hand knitting and making into garments in the home. The hand knitting of sweaters for children and grown-ups, and other use of yarns and filaments in connection with family made garments or articles are not uncommon. It appears that materials in this class, especially those of the rather loose or soft type, can be of highly flammable and hazardous character. In the circumstances it is our view that the exception of fiber filaments and yarns contained in section 2 (e) should be removed so that the measure will not exempt from its scope those filaments and yarns sold to ultimate consumers for home knitting or making into garments which in their normal and intended construction and use are so highly flammable as to be dangerous to individuals. The ordinary yarns or filaments widely used in the home, and which are not of such highly flammable and dangerous character, would not be disturbed by removal of this exemption because the restrictions imposed by the bill are intended to apply only to the materials which exhibit such rapid and intense burning as to be dangerous when worn by individuals. STANDARD OF FLAMMABILITY (4) Section 4 of the bill specifies the Commercial Standard CS 191-53 as the required test for dividing between those fabrics and articles of wearing apparel which are so highly flammable as to be dangerous when worn by individuals, and those which are not. This commercial standard was developed, according to our understanding, by the industry under the procedures of the Department of Commerce and the National Bureau of Standards. The efficacy of the entire legislation under the language of the bill would depend upon whether or not this standard is in fact adequate from the standpoint of affording due protection of the consuming public. It provides, for example, that if, after the fabric has been dry-cleaned and washed, 4 seconds or more are required to burn it a distance of 6 inches when placed at a 45° angle in a draft-proof ventilated cabinet, that fabric shall not be considered under the ban of the test and consequently not under the control of this bill. It will be noted that the line of demarcation between the good and the bad, in respect to inflammability, is so finely drawn that 1 second of burning determines whether or not the article is of a dangerous character. Terms of the standard provide that the fabric shall be evaluated on the basis of its first having undergone dry cleaning and washing. Dangerously flammable sweaters which gave rise to a rash of burnings in different parts of the country and against which the Commission has proceeded under the limited powers now available to it, involve cases which took place before the sweaters were washed or dry cleaned. For the most part, consumers do not wash or dry clean new garments until after they have been worn for a considerable period of |