101st CONGRESS
2d Session
S. 605
AMENDMENTS
S 605 EAH
In the House of Representatives, U. S.,
July 16, 1990.
Resolved, That the bill from the Senate (S. 605) entitled `An Act to
authorize appropriations for the Consumer Product Safety Commission,
and for other purposes', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause, and insert:

640d78f52ef01ebea4b41a334e13e3b4c67d6dfc4eb628889dc7c70caa6eda68

(a) SHORT TITLE- This Act may be cited as the `Consumer Product Safety
Improvement Act of 1990'.
(b) REFERENCE- Except as otherwise specifically provided, whenever in this
Act an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Consumer Product Safety Act.

6605451b424a05e9ded1d652895ad722080ab5858b01e1f3795f7f6d7107c1b2

(a) PUBLICATION OF PROPOSED RULE-  Section 9(c) (15 U.S.C. 2058(c))
is amended by adding at the end the following: `Any proposed consumer
product safety rule shall be issued within twelve months after the date of
publication of an advance notice of proposed rulemaking under subsection
(a) relating to the product involved, unless the Commission determines
that such proposed rule is not reasonably necessary to eliminate or
reduce the risk of injury associated with the product or is not in the
public interest. The Commission may extend the twelve-month period for
good cause. If the Commission extends such period, it shall immediately
transmit notice of such extension to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy and Commerce
of the House of Representatives. Such notice shall include an explanation
of the reasons for such extension, together with an estimate of the date
by which the Commission anticipates such rulemaking will be completed. The
Commission shall publish notice of such extension and the information
submitted to the Congress in the Federal Register.'.
(b) COSTS- The Consumer Product Safety Commission shall conduct a study
of the feasibility of requiring entities subject to the Consumer Product
Safety Act to pay to the Commission amounts to defray the reasonable costs
of particular services provided by the Commission to such entities. The
Commission shall complete the study within one year of the date of the
enactment of this Act and shall report the results of the study to the
Congress.
(c) VOLUNTARY STANDARDS-
(1) Section 9(b)(2) (15 U.S.C. 2058(b)(2)) is amended by striking out the
period and inserting the following: `, except that the Commission shall
terminate any such proceeding and rely on a voluntary standard only if
such voluntary standard is in existence. Before relying upon any voluntary
consumer product safety standard, the Commission shall afford interested
persons (including manufacturers, consumers, and consumer organizations)
a reasonable opportunity to submit written comments regarding such
standard. The Commission shall consider such comments in making any
determination regarding reliance on the involved voluntary standard under
this subsection.'.
(2) Section 3(g)(2) of the Federal Hazardous Substances Act (15
U.S.C. 1262(g)(2)) is amended by striking out the period and inserting
the following: `, except that the Commission shall terminate any such
proceeding and rely on a voluntary standard only if such voluntary
standard is in existence. Before relying upon any voluntary standard,
the Commission shall afford interested persons (including manufacturers,
consumers, and consumer organizations) a reasonable opportunity to submit
written comments regarding such standard. The Commission shall consider
such comments in making any determination regarding reliance on the involved
voluntary standard under this subsection.'.
(3) Section 4(h)(2) of the Flammable Fabrics Act (15 U.S.C. 1193(h)(2))
is amended by striking out the period and inserting the following:
`, except that the Commission shall terminate any such proceeding and
rely on a voluntary standard only if such voluntary standard is in
existence. Before relying upon any voluntary standard, the Commission
shall afford interested persons (including manufacturers, consumers,
and consumer organizations) a reasonable opportunity to submit written
comments regarding such standard. The Commission shall consider such
comments in making any determination regarding reliance on the involved
voluntary standard under this subsection.'.
(4) Section 7(b) (15 U.S.C. 2056(b) is amended--
(A) by inserting `(1)' after `(b)', and
(B) by adding at the end the following:
`(2) The Commission shall devise procedures to monitor compliance with
any voluntary standards--
`(A) upon which the Commission has relied under paragraph (1);
`(B) which were developed with the participation of the Commission; or
`(C) whose development the Commission has monitored after the date of the
enactment of the Consumer Product Safety Improvement Act of 1990.
The Commission may devise procedures to monitor compliance with any voluntary
standard whose development the Commission monitored before the date of the
enactment of the Consumer Product Safety Improvement Act of 1990.'.
(5) Section 3(g) of the Federal Hazardous Substances Act (15 U.S.C. 1262(g))
is amended by adding at the end the following:
`(3) The Commission shall devise procedures to monitor compliance with
any voluntary standards--
`(A) upon which the Commission has relied under paragraph (2) of this
subsection;
`(B) which were developed with the participation of the Commission; or
`(C) whose development the Commission has monitored after the date of the
enactment of the Consumer Product Safety Improvement Act of 1990.
The Commission may devise procedures to monitor compliance with any voluntary
standard whose development the Commission monitored before the date of the
enactment of the Consumer Product Safety Improvement Act of 1990.'.
(6) Section 4(h) of the Flammable Fabrics Act (15 U.S.C. 1193(h)) is
amended by adding at the end the following:
`(3) The Commission shall devise procedures to monitor compliance with
any voluntary standards--
`(A) upon which the Commission has relied under paragraph (2) of this
subsection;
`(B) which were developed with the participation of the Commission; or
`(C) whose development the Commission has monitored after the date of the
enactment of the Consumer Product Safety Improvement Act of 1990.
The Commission may devise procedures to monitor compliance with any voluntary
standard whose development the Commission monitored before the date of the
enactment of the Consumer Product Safety Improvement Act of 1990.'.

4f2fce2b49b6f1c9d7ee9dfec07ed03c38d1a77336aaab750c2f807f588eb82f

TITLE I

-AMENDMENTS TO ACTS

(a) CONSUMER PRODUCT SAFETY ACT- Section 9 (15 U.S.C. 2058) is amended by
adding at the end the following:
`(i) The Commission shall grant or deny any petition under section 553(e)
of title 5, United States Code, requesting the Commission to initiate a
rulemaking, within a reasonable time after the date on which such petition
is filed. The Commission shall state the reasons for granting or denying
such petition. The Commission may not deny any such petition on the basis
of a voluntary standard unless the voluntary standard is in existence at
the time of the denial of the petition, the Commission has determined
that the voluntary standard is likely to result in the elimination or
adequate reduction of the risk of injury identified in the petition, and
it is likely that there will be substantial compliance with the standard.'.
(b) FEDERAL HAZARDOUS SUBSTANCES ACT- Section 3 of the Federal Hazardous
Substances Act (15 U.S.C. 1262) is amended by adding at the end the
following:
`(j) The Commission shall grant or deny any petition under section 553(e)
of title 5, United States Code, requesting the Commission to initiate a
rulemaking, within a reasonable time after the date on which such petition
is filed. The Commission shall state the reasons for granting or denying
such petition. The Commission may not deny any such petition on the basis
of a voluntary standard unless the voluntary standard is in existence at
the time of the denial of the petition, the Commission has determined
that the voluntary standard is likely to result in the elimination or
adequate reduction of the risk of injury identified in the petition, and
it is likely that there will be substantial compliance with the standard.'.
(c) FLAMMABLE FABRICS ACT- Section 4 of the Flammable Fabrics Act (15
U.S.C. 1193) is amended by adding at the end the following:
`(k) The Commission shall grant or deny any petition under section 553(e)
of title 5, United States Code, requesting the Commission to initiate a
rulemaking, within a reasonable time after the date on which such petition
is filed. The Commission shall state the reasons for granting or denying
such petition. The Commission may not deny any such petition on the basis
of a voluntary standard unless the voluntary standard is in existence at
the time of the denial of the petition, the Commission has determined
that the voluntary standard is likely to result in the elimination or
adequate reduction of the risk of injury identified in the petition, and
it is likely that there will be substantial compliance with the standard.'.

d666b9b95f41101d7b26f3b6ebd210959116deefb96769f762358c3dba42fb4d

(a) QUALIFICATION FOR APPOINTMENT- Section 4(a) (15 U.S.C. 2053(a)) is
amended by inserting after the first sentence the following: `In making
appointments to the Commission, the President shall at least consider
individuals with experience in the safety of consumer products or in
related fields.'.
(b) QUORUM- The first sentence of section 4(d) (15 U.S.C. 2053(d)) is amended
by inserting before the period a comma and the following: `except that if
there are only three members serving on the Commission because of vacancies
in the Commission, two members of the Commission shall constitute a quorum
for the transaction of business, and if there are only two members serving
on the Commission because of vacancies in the Commission, two members shall
constitute a quorum for the six month period beginning on the date of the
vacancy which caused the number of Commission members to decline to two'.
(c) STATUS- Section 4(g)(1) of such Act (15 U.S.C. 2053(g)(1)) is amended--
(1) by inserting `(A)' after `(1)',
(2) by striking out `shall appoint' and inserting in lieu thereof `shall
appoint as officers of the Commission',
(3) by striking out `and a Director' and inserting in lieu thereof `a
Director of Compliance, and a Director',
(4) by inserting after the first sentence the following: `The Chairman may
only appoint an attorney to the position of Director of Compliance except
the position of acting Director of Compliance.',
(5) by striking out the last sentence and adding at the end the following:
`(B)(i) No individual appointed to a position under subparagraph (A) may
receive pay in excess of the annual rate of basic pay in effect for grade
GS-18 of the General Schedule. No individual may be appointed to such a
position on an acting basis for a period longer than 90 days unless such
appointment is approved by the Commission.
`(ii) The Chairman, with the approval of the Commission, may remove any
individual serving in a position appointed under subparagraph (A).'.

7231ec25a1d7e0b1a469dfaed44440525ba70b86134af68c7c851daa9132ec3e

(a) FEDERAL HAZARDOUS SUBSTANCES ACT- Section 5 of the Federal Hazardous
Substances Act (15 U.S.C. 1264) is amended by adding at the end the
following:
`(c) In the case of an attorney general of a State alleging a violation that
affects or may affect such State or its residents, such attorney general
may bring a civil action for an injunction to enforce any requirement
of this Act relating to misbranded or banned hazardous substances. The
procedural requirements of section 24 of the Consumer Product Safety Act
shall apply to any such action.'.
(b) FLAMMABLE FABRICS ACT- Section 5(a) of the Flammable Fabrics Act (15
U.S.C. 1194(a)) is amended by adding at the end the following: `In the
case of an attorney general of a State alleging a violation of a standard
or regulation under section 4 that affects or may affect such State or its
residents, such attorney general may bring a civil action for an injunction
to enforce the requirement of such standard or regulation. The procedural
requirements of section 24 of the Consumer Product Safety Act shall apply
to any such action.'.

c99d06ff80a1fdee5bf13e02d240b4cb1cdf3f8a3165f84aedd7a81708bf4fea

(a) IN GENERAL- Section 15(b) (15 U.S.C. 2064(b)) is amended--
(1) by striking out `; or' at the end of paragraph (1) and inserting in
lieu thereof `or with a voluntary consumer product safety standard which
the Commission has relied upon in accordance with section 9;',
(2) by striking out the comma at the end of paragraph (2) and inserting
in lieu thereof `; or',
(3) by adding after paragraph (2) the following:
`(3) is the subject of a civil action which is brought for a death or
grievous bodily injury, including mutilation, amputation/dismemberment,
disfigurement, loss of important bodily functions, debilitating internal
disorders, severe burns, severe electrical shocks, and injuries likely to
require extended hospitalization,',
(4) by striking out `comply or of such defect' and inserting in lieu thereof
`comply, of such defect, or of such civil action',
(5) by striking out `defect or failure to comply' and inserting in lieu
thereof `failure to comply, of such defect, or of such civil action', and
(6) by adding at the end the following: `A manufacturer, distributor, or
retailer reporting to the Commission because of a civil action described in
paragraph (3) need not admit or may specifically deny that the information
it submits reasonably supports the conclusion that its consumer product
caused a death or grievous bodily injury.'.
(b) CONFORMING AMENDMENT- Section 6(b)(5) (15 U.S.C. 2055(b)(5)) is amended
by adding before the period at the end the following: `other than a judicial
proceeding described in section 15(b)(3)'.

5b3b2ee30ddbb376a5d4c16e224f9dda3db43b096ec5b20d913503619419dcab

(a) IN GENERAL-
(1) Section 12 (15 U.S.C. 2061) is amended by adding at the end the
following:
`(g) Nothing in this section shall be construed to require the Commission,
in determining whether to bring an action against a consumer product or a
person under this section, to prepare a comparison of the costs that would
be incurred in complying with the relief that may be ordered in such action
with the benefits to the public from such relief.'.
(2) Section 15 (15 U.S.C. 2064) is amended by adding at the end the
following:
`(h) Nothing in this section shall be construed to require the Commission,
in determining that a product distributed in commerce presents a substantial
product hazard and that notification or other action under this section
should be taken, to prepare a comparison of the costs that would be incurred
in providing notification or taking other action under this section with
the benefits from such notification or action.'.
(b) FEDERAL HAZARDOUS SUBSTANCES ACT- Section 15 of the Federal Hazadous
Substances Act (15 U.S.C. 1274) is amended by adding at the end the
following:
`(g) Nothing in this section shall be construed to require the Commission,
in determining that an article or substance distributed in commerce presents
a substantial product hazard and that notification or other action under
this section should be taken, to prepare a comparison of the costs that
would be incurred in providing notification or taking other action under
this section with the benefits from such notification or action.'.

8e7c236e55500fb0919513d0edc28ca105f4f32f262b148f8c45334f83629e1a

(a) CONSUMER PRODUCT SAFETY ACT- Section 20(a) (15 U.S.C. 2069(a))
is amended--
(1) by striking `$2,000' and inserting in lieu thereof `$5,000';
(2) by striking `$500,000' each place it appears and inserting in lieu
thereof `$1,250,000'; and
(3) by adding at the end thereof the following:
`(3)(A) The maximum penalty amounts authorized in paragraph (1) shall be
adjusted for inflation as provided in this paragraph.
`(B) Not later than December 1, 1994, and December 1 of each fifth calendar
year thereafter, the Commission shall prescribe and publish in the Federal
Register a schedule of maximum authorized penalties that shall apply for
violations that occur after January 1 of the year immediately following
such publication.
`(C) The schedule of maximum authorized penalties shall be prescribed
by increasing each of the amounts referred to in paragraph (1) by the
cost-of-living adjustment for the preceding five years. Any increase
determined under the preceding sentence shall be rounded to--
`(i) in the case of penalties greater than $1,000 but less than or equal
to $10,000, the nearest multiple of $1,000;
`(ii) in the case of penalties greater than $10,000 but less than or equal
to $100,000, the nearest multiple of $5,000;
`(iii) in the case of penalties greater than $100,000 but less than or
equal to $200,000, the nearest multiple of $10,000; and
`(iv) in the case of penalties greater than $200,000, the nearest multiple
of $25,000.
`(D) For purposes of this subsection:
`(i) The term `Consumer Price Index' means the Consumer Price Index for
all-urban consumers published by the Department of Labor.
`(ii) The term `cost-of-living adjustment for the preceding five years'
means the percentage by which--
`(I) the Consumer Price Index for the month of June of the calender year
preceding the adjustment; exceeds
`(II) the Consumer Price Index for the month of June preceding the date
on which the maximum authorized penalty was last adjusted.'.
(b) FEDERAL HAZARDOUS SUBSTANCES ACT- Section 5 of the Federal Hazardous
Substances Act (15 U.S.C. 1264), as amended by section 104(a), is amended
by adding at the end the following:
`(d)(1) Any person who knowingly violates section 4 shall be subject to
a civil penalty not to exceed $5,000 for each such violation. Subject to
paragraph (2), a violation of subsections (a), (b), (c), (d), (f), (g), (i),
(j), and (k) of section 4 shall constitute a separate offense with respect
to each substance involved, except that the maximum civil penalty shall
not exceed $1,250,000 for any related series of violations. A violation of
section 4(e) shall constitute a separate violation with respect to each
failure or refusal to allow or perform an act required by section 4(e);
and, if such violation is a continuing one, each day of such violation
shall constitute a separate offense, except that the maximum civil penalty
shall not exceed $1,250,000 for any related series of violations.
`(2) The second sentence of paragraph (1) of this subsection shall not
apply to violations of subsection (a) or (c) of section 4--
`(A) if the person who violated such subsection is not the manufacturer,
importer, or private labeler or a distributor of the substances involved; and
`(B) if such person did not have either (i) actual knowledge that such
person's distribution or sale of the substance violated such subsection,
or (ii) notice from the Commission that such distribution or sale would
be a violation of such subsection.
`(3) In determining the amount of any penalty to be sought upon commencing
an action seeking to assess a penalty for a violation of section 4, the
Commission shall consider the nature of the substance, the severity of
the risk of injury, the occurrence or absence of injury, the amount of the
substance distributed, and the appropriateness of such penalty in relation
to the size of the business of the person charged.
`(4) Any civil penalty under this subsection may be compromised by the
Commission. In determining the amount of such penalty or whether it should
be remitted or mitigated, and in what amount, the Commission shall consider
the appropriateness of such penalty to the size of the business of the
persons charged, the nature of the substance involved, the severity of the
risk of injury, the occurrence or absence of injury, and the amount of the
substance distributed. The amount of such penalty when finally determined,
or the amount agreed on compromise, may be deducted from any sums owing
by the United States to the person charged.
`(5) As used in the first sentence of paragraph (1), the term `knowingly'
means (A) having actual knowledge, or (B) the presumed having of knowledge
deemed to be possessed by a reasonable person who acts in the circumstances,
including knowledge obtainable upon the exercise of due care to ascertain
the truth of representations.
`(6)(A) The maximum penalty amounts authorized in paragraph (1) shall be
adjusted for inflation as provided in this paragraph.
`(B) Not later than December 1, 1994, and December 1 of each fifth calendar
year thereafter, the Commission shall prescribe and publish in the Federal
Register a schedule of maximum authorized penalties that shall apply for
violations that occur after January 1 of the year immediately following
such publication.
`(C) The schedule of maximum authorized penalties shall be prescribed
by increasing each of the amounts referred to in paragraph (1) by the
cost-of-living adjustment for the preceding five years. Any increase
determined under the preceding sentence shall be rounded to--
`(i) in the case of penalties greater than $1,000 but less than or equal
to $10,000, the nearest multiple of $1,000;
`(ii) in the case of penalties greater than $10,000 but less than or equal
to $100,000, the nearest multiple of $5,000;
`(iii) in the case of penalties greater than $100,000 but less than or
equal to $200,000, the nearest multiple of $10,000; and
`(iv) in the case of penalties greater than $200,000, the nearest multiple
of $25,000.
`(D) For purposes of this subsection:
`(i) The term `Consumer Price Index' means the Consumer Price Index for
all-urban consumers published by the Department of Labor.
`(ii) The term `cost-of-living adjustment for the preceding five years'
means the percentage by which--
`(I) the Consumer Price Index for the month of June of the calendar year
preceding the adjustment; exceeds
`(II) the Consumer Price Index for the month of June preceding the date
on which the maximum authorized penalty was last adjusted.'.
(c) FLAMMABLE FABRICS ACT- Section 5 of the Flammable Fabrics Act (15
U.S.C. 1264) is amended by adding at the end the following:
`(e)(1) Any person who knowingly violates a regulation or standard under
section 4 shall be subject to a civil penalty not to exceed $5,000 for
each such violation, except that the maximum civil penalty shall not exceed
$1,250,000 for any related series of violations.
`(2) In determining the amount of any penalty to be sought upon commencing
an action seeking to assess a penalty for a violation of a regulation
or standard under section 4, the Commission shall consider the nature
and number of the violations, the severity of the risk of injury, the
occurrence or absence of injury, and the appropriateness of such penalty
in relation to the size of the business of the person charged.
`(3) Any civil penalty under this subsection may be compromised by the
Commission. In determining the amount of such penalty or whether it should be
remitted or mitigated, and in what amount, the Commission shall consider the
nature and number of the violations, the appropriateness of such penalty to
the size of the business of the persons charged, the severity of the risk
of injury, and the occurrence or absence of injury. The amount of such
penalty when finally determined, or the amount agreed on compromise, may
be deducted from any sums owing by the United States to the person charged.
`(4) As used in paragraph (1), the term `knowingly' means (A) having
actual knowledge, or (B) the presumed having of knowledge deemed to be
possessed by a reasonable person who acts in the circumstances, including
knowledge obtainable upon the exercise of due care to ascertain the truth
of representations.
`(5)(A) The maximum penalty amounts authorized in paragraph (1) shall be
adjusted for inflation as provided in this paragraph.
`(B) Not later than December 1, 1994, and December 1 of each fifth calendar
year thereafter, the Commission shall prescribe and publish in the Federal
Register a schedule of maximum authorized penalties that shall apply for
violations that occur after January 1 of the year immediately following
such publication.
`(C) The schedule of maximum authorized penalties shall be prescribed
by increasing each of the amounts referred to in paragraph (1) by the
cost-of-living adjustment for the preceding five years. Any increase
determined under the preceding sentence shall be rounded to--
`(i) in the case of penalties greater than $1,000 but less than or equal
to $10,000, the nearest multiple of $1,000;
`(ii) in the case of penalties greater than $10,000 but less than or equal
to $100,000, the nearest multiple of $5,000;
`(iii) in the case of penalties greater than $100,000 but less than or
equal to $200,000, the nearest multiple of $10,000; and
`(iv) in the case of penalties greater than $200,000, the nearest multiple
of $25,000.
`(D) For purposes of this subsection:
`(i) The term `Consumer Price Index' means the Consumer Price Index for
all-urban consumers published by the Department of Labor.
`(ii) The term `cost-of-living adjustment for the preceding five years'
means the percentage by which--
`(I) the Consumer Price Index for the month of June of the calendar year
preceding the adjustment; exceeds
`(II) the Consumer Price Index for the month of June preceding the date
on which the maximum authorized penalty was last adjusted.'.
(d) REPORT ON CIVIL PENALTIES-
(1) Beginning 1 year after the date of enactment of this Act, and every
year thereafter, the Consumer Product Safety Commission shall submit to
the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House of Representatives the
information specified in paragraph (2) of this subsection. Such information
may be included in the annual report to the Congress submitted by the
Commission.
(2) The Commission shall submit information with respect to the imposition
of civil penalties under the statutes which it administers. The information
shall include the number of civil penalties imposed, an identification
of the violations that led to the imposition of such penalties, and the
amount of revenue recovered from the imposition of such penalties.

0056f389465c951bd603a29432776a65107ea72e48e78f24146160dae89ce51b

(a) AMENDMENT- Section 4 (15 U.S.C. 2053) is amended by adding at the end
the following:
`(j) At least 30 days before the beginning of each fiscal year, the
Commission shall establish an agenda for Commission action under the
Acts under its jurisdiction and, to the extent feasible, shall establish
priorities for such actions. Before establishing such agenda and priorities,
the Commission shall conduct a public hearing on the agenda and priorities
and shall provide reasonable opportunity for the submission of comments.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply with
respect to fiscal years which begin more than 180 days after the date of
the enactment of this Act.

2122b8197bd7b1d99c8ad99a4c2641b5cdc4a873cba6b1e64360e37c345a7dc3

Section 15(f) (15 U.S.C. 2064(f)) is amended by adding at the end the
following: `Any settlement offer which is submitted to the presiding
officer at a hearing under this subsection shall be transmitted by the
officer to the Commission for its consideration unless the settlement
offer is clearly frivolous or duplicative of offers previously made.'.

1e7a78dc204a483b5c2bfc48126517c0de94a831761883d75c2ee63b48c15b02

Section 17 (15 U.S.C. 2066) is amended by adding at the end the following:
`(h)(1) The Commission shall establish and maintain a permanent product
surveillance program, in cooperation with other appropriate Federal agencies,
for the purpose of carrying out the Commission's responsibilities under
this Act and the other Acts administered by the Commission and preventing
the entry of unsafe consumer products into the commerce of the United States.
`(2) The Commission may provide to the agencies with which it is cooperating
under paragraph (1) such information, data, violator lists, test results,
and other support, guidance, and documents as may be necessary or helpful
for such agencies to cooperate with the Commission to carry out the product
surveillance program under paragraph (1).
`(3) The Commission shall periodically report to the Congress the results
of the surveillance program under paragraph (1).'.

469aae0b5ad1436366bc5328549f53fedca84449cbeb4dae89c42ea194a4313d

Section 32(a) (15 U.S.C. 2081(a)) is amended by striking out paragraphs
(1) through (9) and inserting in lieu thereof the following:
`(1) $42,000,000 for fiscal year 1991, and
`(2) $45,000,000 for fiscal year 1992.'.

342ead793f723a03cd46c478d649d77863720d323468457dd07d396c654c8354

Unless otherwise specified, the amendments made by this title shall take
effect on the date of the enactment of this Act.

d09424e99b41a0d8cd0ed25f9b4de516bf249d64ece3dad00a779279d16d2cb8

The Consumer Product Safety Commission shall conduct a study under the
Flammable Fabrics Act to determine if a special flammability standard is
needed for sleepwear other than sleepwear for children. In conducting such
study, the Commission shall consider the risks to the elderly and other
adults presented by flammable sleepwear and the benefits to the elderly
from the promulgation of a special flammability standard. The Commission
shall report the results of the study to the Congress not later than one
year after the date of the enactment of this Act.

7273f3987f0a9ade021c58e8280561a5c837b03ccc7edb91340e79c9cd67fcfe

TITLE II

-RELATED PROVISIONS

The Consumer Product Safety Commission shall pursue its pending proceedings
to establish a safety standard for cigarette lighters, taking into account
the need to protect children from harm from lighters.

7ee5caa68f2a81ed3c3491fcd437347106bb228746d3c9ec2c6ad9405b27b38e

(a) DEFINITION OF AMUSEMENT RIDE-
(1) Section 3(a)(1) (15 U.S.C. 2052(a)(1)) is amended by striking out the
first two sentences following subparagraph (I).
(2) Section 3(a) is amended by adding at the end the following:
`(15) The term `amusement ride' means any device which carries or conveys
passengers along, around, or over a fixed or restricted route or course or
within a defined area for the purpose of giving its passengers amusement
and which is customarily controlled or directed by an individual who is
employed for that purpose and who is not a consumer with respect to such
device. An amusement ride which is not permanently fixed to a site is a
consumer product for purposes of this Act and an amusement ride which is
permanently fixed to a site--
`(A) is not a consumer product for purposes of sections 7, 8, 14, 15(b),
15(c), and 15(d), and
`(B) is a consumer product for the remainder of the Act which is otherwise
applicable.
`(16) The term `amusement ride operator' means the owner of an amusement
ride.'.
(3) Section 3(a)(1)(I) is amended by striking out `. The term `food',
as used in this subparagraph means all `food' '.
(b) PUBLIC DISCLOSURE OF INFORMATION- Section 6(b) (15 U.S.C. 2055(b)(1))
is amended--
(1) in the first sentence of paragraph (1) by striking out `the Commission
shall' through the end of the sentence and inserting in lieu thereof
the following:
`the Commission shall, to the extent practicable, notify and provide a
summary of the information to--
`(A) each manufacturer or private labeler of the consumer product, and
`(B) to each amusement ride operator who owns the amusement ride
to which the information pertains, if the manner in which such consumer
product or amusement ride is to be designated or described in such
information will permit the public to ascertain readily the identity of
such manufacturer, private labeler, or amusement ride operator and shall
provide such manufacturer, private labeler, or amusement ride operator with
a reasonable opportunity to submit comments to the Commission regarding such
information.', and
(2) in the second and third sentences of paragraph (1) and in paragraphs
(2) and (3), by striking out `or private labeler' each place it occurs and
inserting in lieu thereof `, private labeler, or amusement ride operator'.
(c) NOTIFICATION AND REMEDIES-
(1) Section 15(f) (15 U.S.C. 2064(f)) is amended by striking out `(c) or
(d)' and inserting in lieu thereof `(c), (d), or (h)'.
(2) Section 15 is amended by adding at the end the following:
`(i)(1)(A) Each amusement ride operator who obtains information which
indicates that a serious injury occurred during the operation of an
amusement ride which the operator owns and which is permanently fixed to
a site shall immediately notify the Commission of such occurrence unless
the operator has actual knowledge that the Commission has been adequately
informed of such occurrence. Each notification shall include a complete
description of the occurrence for which the notification was made.
`(B) For purposes of subparagraph (A), the term `serious injury' means
trauma or other injury which actually results in death or a bone fracture
or which requires overnight hospitalization or typically requires overnight
hospitalization.
`(2)(A) If the Commission determines (after affording interested persons,
including consumers and consumer organizations, an opportunity for a
hearing in accordance with subsection (f)) that an amusement ride which
has been involved in a serious injury or is mechanically identical to a
ride involved in a serious injury presents a substantial product hazard as
defined in subsection (a)(2) and action under this subsection is in the
public interest, it may order the amusement ride operator who owns such
amusement ride to cease operating the ride until the ride is repaired so
that it no longer presents such substantial product hazard. Any order
so issued shall specify the substantial product hazard presented by
the amusement ride. The amusement ride operator may resume operation of
the ride as soon as the ride is repaired so that it no longer presents a
substantial product hazard. The Commission shall vacate the order requiring
cessation of operation of an amusement ride at any time that the Commission
determines that such ride no longer presents a substantial product hazard.
`(B) An amusement ride operator who is subject to an order issued under
subparagraph (A) may elect to submit to the Commission a certification
that repairs have been made to eliminate the substantial product hazard
specified in the order. Such certification shall describe such repairs. A
ride for which a certification has been submitted shall be deemed to no
longer present a substantial product hazard if the Commission does not
reject the certification within 10 business days of its receipt. If a
certification is rejected, the operator who submitted the certification
may petition the Commission for a hearing in accordance with subsection (f).'
(3) Section 19(a) (15 U.S.C. 2068(a)) is amended by striking out `or'
at the end of paragraphs (7) and (8), by striking out the period at the
end of paragraph (9) and inserting in lieu thereof a semicolon, and by
striking out the period at the end of paragraph (10) and inserting in lieu
thereof a semicolon, and by adding after paragraph (10) the following:
`(11) fail to make a notification required by section 15(h)(1) or to comply
with an order of the Commission issued under section 15(h)(2); or'.
(d) INSPECTION- Section 16(a) (15 U.S.C. 2065(a)) is amended by striking out
`and' at the end of paragraph (1), by striking out the period before the last
sentence in paragraph (2) and inserting in lieu thereof `; and', by striking
out the last sentence, and by adding after paragraph (2) the following:
`(3) to inspect, at reasonable times and in a reasonable manner--
`(A) amusement rides which are not permanently fixed to a site, and
`(B) an amusement ride which is permanently fixed to a site if the ride
was involved in a serious injury (as defined in section 15(h)(1)) or if
the ride is mechanically identical to a ride involved in a serious injury
(as defined in section 15(h)(1)).
Each such inspection shall be commenced and completed with reasonable
promptness and, in the case of an amusement ride described in subparagraph
(B), shall include the authority to investigate the cause of the serious
injury in which the ride was involved and to test the safety of the ride.'.
(e) REGULATIONS- The Consumer Product Safety Commission shall issue
regulations for the administration of section 15 of the Consumer Product
Safety Act, as amended by subsection (c), not later than 6 months after
the effective date of this Act.
(f) EFFECTIVE DATE- The amendments made by this section shall take effect
January 1, 1991.

c0ae16c9dd39e575eb300bc786b2cb91e1e1c151007d5013cfecf0272e2b9321

(a) REPORT REQUIREMENT- Not later than the expiration of 90 days after the
date of the enactment of this Act, the Consumer Product Safety Commission
shall submit to Congress a report on its activities to reduce exposure of
individuals to--
(1) methylene chloride,
(2) formaldehyde,
(3) asbestos,
(4) paradichlorobenzene,
(5) combustion by-products,
(6) allergens and pathogens, and
(7) any other pollutant which the Commission determines poses or may pose
an unreasonable risk to the safety of individuals.
(b) REPORT CONTENT- The report required by subsection (a) shall include--
(1) the amount of funds which have been obligated by the Commission since
1980 for each of the pollutants listed in subsection (a),
(2) a description of each contract entered into since 1980 with respect
to such pollutants,
(3) a description of research undertaken by the Commission since 1980
respecting such pollutants,
(4) a description of voluntary standards involving such pollutants and an
evaluation of their effectiveness,
(5) a chronology of the standards being developed by the Commission
involving such pollutants,
(6) a description of pending petitions to the Commission relating to indoor
air quality,
(7) the number of Commission personnel assigned to Commission actions
concerning indoor air and the number of vacancies in such positions,
(8) a description of the participation by the Commission in interagency
efforts on indoor air pollution,
(9) a description of the hazards presented by such pollutants and the
populations affected by the pollutants,
(10) a description of informational materials prepared by the Commission
respecting such pollutants, and
(11) the type and number of complaints received by the Commission's Hotline
and other Commission offices respecting such pollutants.

1eb212ad9983c4baa7a1b4e2d328e4ba7930f6cf5d2cd885d6a9e5118aff0dca

(a) General Rule-
(1) The Consumer Product Safety Commission shall issue a consumer product
safety standard for any toy intended for use by children 3 years of age
or older which--
(A) is manufactured for sale, offered for sale, distributed in commerce,
or imported into the United States, and
(B) which includes a small part, as defined by the Commission,
to require that the packaging of such toy and any descriptive materials which
accompany such toy contain the cautionary label described in paragraph (2).
(2) The cautionary label required under paragraph (1) for a toy shall--
(A) state the age of children for which such toy is not intended, and
(B) contain a description, with respect to children within the age range for
which such toy is not intended, of any dangerous property of such toy, and
the hazardous consequences which can result from any such dangerous property.
(3) No later than January 1, 1991, the Commission shall establish the
consumer product safety standard referred to in paragraph (1) and rules
implementing the requirements of the standard.
(b) LABELING REQUIREMENTS- All labeling required under a standard issued
under subsection (a) for a toy shall--
(1) be prominently and conspicuously displayed on the packaging of the
toy and on any descriptive materials which accompany the toy,
(2) be visible, noticeable, and in the English language, and
(3) include the word `WARNING' in capital letters.
(c) ENFORCEMENT- The Commission may use any remedy available to it under
the Consumer Product Safety Act to enforce the requirements of the standard
issued under subsection (a).

7fe18e3596e496c791743c5b9121ca6982121f78c0f1a41b0e3a83f7757cde5c

(a) REPORT ON PRODUCTS- Not later than 120 days after the date of the
enactment of this Act the Consumer Product Safety Commission shall report
to Congress on products which pose a major hazard to children, including--
(1) wood and metal home playground equipment,
(2) children's products which contain the chemical DEHP (2-ethylhexyl
phthalate),
(3) small parts for toys and other products intended for use by children
under 3 years of age,
(4) baby pacifiers which contain a total action level of nitrosamines in
excess of 10 parts per billion,
(5) baby cribs, including baby cribs with corner post extensions of a
length of less than  5/8  of an inch, and
(6) bunk beds.
(b) CONTENT- The report made under subsection (a) shall--
(1) describe the hazards associated with each product reported on and
include data on all known injuries and deaths from such product,
(2) include a review of the actions taken by the Consumer Product Safety
Commission with respect to each such product, and
(3) include a time schedule for additional actions by the Commission with
respect to such product.

2af862dee477a7e792398e6318c8ac8350f3780300ba1aafb28eeceb236b3826

(a) SURVEY- The Consumer Product Safety Commission shall conduct a survey,
using statistically significant samples, of--
(1) all reclining chairs being sold in the United States,
(2) the retail outlets for reclining chairs, and
(3) manufacturers of reclining chairs to determine their compliance
with voluntary industry manufacturing guidelines designed to reduce the
entrapment of children in such chairs.
(b) REPORT- Within 120 days of the date of the enactment of this Act
the Commission shall report to Congress the specific number of reclining
chairs, retail outlets for such chairs, and manufacturers of such chairs
included in the survey under subsection (a) and the number of such chairs
and manufacturers which are not in compliance with voluntary industry
manufacturing guidelines designed to reduce the entrapment of children in
such chairs.
(c) COMMISSION ACTION- If the Commission determines that there is
a substantial lack of compliance with such industry guidelines, the
Commission shall initiate proceedings under the Consumer Product Safety
Act to establish a safety standard for reclining chairs to prevent the
entrapment of children in such chairs.

6d9eb50f2ebfda117f1e4000f853aba7a8b8be81927f13e24a1be6b9329d103f

(a) CONSUMER PRODUCT SAFETY RULE- The provisions of subsection (b) shall
be considered to be a consumer product safety rule issued by the Consumer
Product Safety Commission under section 9 of the Consumer Product Safety Act.
(b) REQUIREMENT-
(1) Effective on and after January 1, 1991, each automatic garage door
opening system manufactured on or after that date shall conform to the
applicable requirements of the American National Standards Institute
Underwriters Laboratories, Inc. Standards for Safety--UL 325, third edition,
as revised May 4, 1988, or any later revised edition.
(2) Effective on and after January 1, 1993, all automatic garage door
opening systems manufactured on and after such date shall be manufactured
to operate only if the systems include--
(A)(i) an electric sensing edge located on the edge of the door which does
not require more than 5 pounds per square inch of pressure and which when
activated is designed to cause a closing door to open and prevent an open
door from closing, or
(ii) an optical sensor or other functionally equivalent non-contact
sensor which when activated is designed to cause a closing door to open
and prevent an open door from closing, or
(B) a device found by the Consumer Product Safety Commission to provide
protection from entrapment equivalent to that provided by a device described
in subparagraph (A).
A device described in subparagraph (A) shall be designed to operate in
a manner such that interruption or misalignment of the device or an open
or short in the wires between the device and the power head would cause a
closing door to open and prevent an open door from closing.
(c) LABELING- On and after January 1, 1991, a manufacturer selling or
offering for sale an automatic garage door opening system shall clearly
identify on any container of the system and on the system the month and
year the system was manufactured and its conformance with the requirements
of subsection (b).
(d) NOTIFICATION- Effective on and after July 1, 1991, all manufacturers
of automatic garage door opening systems shall, in consultation with the
Consumer Product Safety Commission, notify the public of the entrapment
hazards of automatic garage door openers and advise owners of automatic
garage door opening systems to test their system for the automatic reverse
feature required by subsection (b).
(e) PREEMPTION- In applying section 26(a) of the Consumer Product Safety Act
(15 U.S.C. 2075) with respect to the consumer product safety rule of the
Consumer Product Safety Commission under subsection (a), only those laws
of States or political subdivisions which do not provide the equivalent
degree of protection from the risk of injury associated with garage door
opening systems as the consumer product safety rule provides shall be
subject to such section.
(f) REGULATIONS- Section 553 of title 5, United States Code, shall apply
with respect to the issuance of any regulations by the Consumer Product
Safety Commission to implement the requirements of this section.
(g) CONSTRUCTION- Nothing in this section shall affect or modify in any
way the obligations or liabilities of any person under the common law or
any Federal or State law.

ba4869aca58213795f6d96bca4d220e22d22de285a597bca50ffd2872d0f17af

(a) SALE OF 3-WHEEL ALL TERRAIN VEHICLES-
(1) Section 19(a) (15 U.S.C. 2068(a)), as amended by section 203(c)(3),
is amended by adding after paragraph (11) the following:
`(12) sell any 3-wheel all terrain vehicle--
`(A) which is new or which has not been sold to a consumer, and
`(B) which is not subject to the consent decree approved by the United
States District Court for the District of Columbia on April 28, 1988,
if such person is the manufacturer, distributor, or dealer of such vehicle.
Paragraph (12) shall not apply to the sale of a 3-wheel all terrain vehicle
on and after the date the Commission promulgates a consumer product safety
standard under this Act applicable to 3-wheel all terrain vehicles, the
Commission accepts under section 7(b) a voluntary consumer product safety
standard applicable to 3-wheel all terrain vehicles, or the Commission
accepts as satisfactory a voluntary standard for 3-wheel all terrain vehicles
developed under the consent decree referred to in paragraph (12)(B).'.
(2) The amendment made by paragraph (1) shall take effect upon the expiration
of 30 days after the date of the enactment of this Act. Before the expiration
of such 30 days the Consumer Product Safety Commission shall issue a notice
to all manufacturers of 3-wheel all terrain vehicles explaining the effect
of the amendment made by paragraph (1).
(b) LATERAL STABILITY STANDARD- Not later than the expiration of 18 months
after the date of the enactment of this Act, the Consumer Product Safety
Commission shall--
(1) promulgate under the Consumer Product Safety Act a consumer product
safety standard for all terrain vehicles which prescribes appropriate
lateral stability standards for the vehicle, or
(2) accept under--
(A) the consent decree approved by the United States District Court for
the District of Columbia on April 28, 1988, or
(B) section 7(b) of the Consumer Product Safety Act,
a voluntary consumer product safety standard of the type described in paragraph
(1) if the standard is acceptable to the Commission.
If the Commission is unable to promulgate or accept such a standard before
the expiration of such 18 months, the Commission shall report to the Congress
at the expiration of such 18 months and every 6 months after the expiration
of such 18 months on the progress it is making in promulgating or accepting
such a standard.
(c) REFUNDS- The Consumer Product Safety Commission shall consider the
advisability of requiring refunds to persons who purchased 3-wheel all
terrain vehicles before January 1, 1988, and report to the Congress by March
31, 1991, the action the Commission proposes to take (if any) under section
15 of the Consumer Product Safety Act or the Federal Hazardous Substances
Act to require refunds to such persons and the reasons for such action.
(d) DEFINITION- For purposes of this section and the amendment made by
subsection (a), the term `all terrain vehicle' means a motorized vehicle
which is--
(1) generally characterized by large low pressure tires, a seat designed
to be straddled by the operator, and handlebars for steering, and
(2) intended for off-road use by an individual rider on various types of
non-paved terrains.
(e) CONSTRUCTION- Nothing in this section shall affect or modify in any
way the obligations or liabilities of any person under the common law or
any Federal or State law.

af695bc4e46e7ce65b568c5c4e7f7866e9ad6be8f0503d33b8670d6fcbd64bef

The Consumer Product Safety Commission shall conduct a study of requiring
manufacturers of consumer products to include as appropriate bittering agents
in products which present a hazard if ingested to determine the potential
effectiveness of the agents in deterring ingestion. The Commission shall
report to Congress the status of the study within one year of the date of
the enactment of this Act and shall complete the study not later than 2
years after such date of enactment.
Amend the title so as to read: `An Act to amend the Consumer Product Safety
Act to reauthorize the Consumer Product Safety Commission and to improve
the Commission's regulatory process and for other purposes.'.
Attest:
Clerk.
S 605 EAH----2
S 605 EAH----3

f21bcf53a479eebc6598f7afebd0d9fd3e97430accc63a699a7c822d726738c6

Consumer Product Safety Commission Authorization Act of 1989 — S. 605

Other Sections

TITLE I

TITLE II

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