Summary: H.R.1762 — 101st Congress (1989-1990)All Information (Except Text)

There is one summary for H.R.1762. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (04/11/1989)

Consumer Product Safety Improvement Act of 1989 - Title I: Amendments to Acts - Amends the Consumer Product Safety Act (CPSA) to revise rulemaking procedures in cases when the Consumer Product Safety Commission finds that there may be an unreasonable risk of injury associated with a product and a consumer product safety rule would reduce the risk. Directs the Commission to study and report to the Congress on the feasibility of requiring each manufacturer of a product subject to a consumer product safety rule to help defray rulemaking costs.

Permits the Commission to rely only upon existing voluntary consumer product safety standards that have been issued after consideration of the views of interested parties.

Amends the CPSA, the Federal Hazardous Substances Act (FHSA), and the Flammable Fabrics Act to require the Commission to develop procedures to monitor compliance with product safety standards.

Allows interested parties to petition the Commission to issue a rule or amendment to reduce the risk of injury associated with a product. Prescribes procedures in connection with such petitions, including a cause of action to compel rulemaking.

Revises administrative features relating to the Commission to: (1) direct the President, when making appointments to the Commission, to consider individuals with consumer product safety backgrounds; (2) establish the position of Director of Compliance, to be filled by an attorney; (3) set a minimum personnel level; and (4) permit qualified disclosure of certain information.

Authorizes any State attorney general and any other official charged with enforcing State consumer product safety laws to bring a civil action for relief in connection with violations of rules or orders issued under the CPSA or the FHSA, to determine whether a consumer product presents a substantial product hazard. Prescribes procedures in connection with these actions, including judicial appeals to compel the Commission to initiate determinations concerning product safety if a petition is ignored.

Sets standards to apply when the Commission is determining whether a consumer product presents a substantial product hazard. Prohibits the Commission, in this context, from engaging in cost-benefit analysis with respect to risks presented to the public. Prohibits such analysis also in connection with both Commission and court determinations relating to actions involving imminently hazardous consumer products.

Adds civil penalties to the criminal penalties imposed in connection with violations of the Federal Hazardous Substances Act.

Directs the Commission to establish an agenda and priorities for its actions prior to each fiscal year.

Authorizes appropriations through FY 1991 for the Commission.

Title II: Related Provisions - Directs the Commission to: (1) study and report to the Congress on whether a special flammability standard is needed for sleepwear (other than for children); (2) pursue its pending proceedings to establish a safety standard for cigarette lighters; and (3) study and report to the Congress on whether a minimum age requirement should be established for operators of amusement park rides. Revises the CPSA definition of "amusement ride." Includes amusement rides expressly within the framework of such Act, subjecting them to public disclosure and inspection requirements and to notification and remedy provisions applicable to substantial product hazards when serious injury occurs. Directs the Commission to issue rules in this regard by July 1, 1990.

Directs the Commission to: (1) report to the Congress on its activities to reduce exposure of individuals to an enumerated list of indoor air pollutants; (2) issue a consumer product safety standard to require cautionary labeling in connection with certain toys intended for use by children at least three years old; (3) submit to the Congress a report including specified information about particular products that pose a major hazard to children; and (4) conduct a survey to determine compliance with voluntary industry manufacturing guidelines designed to reduce the entrapment of children in reclining chairs and report the results to the Congress. Requires the Commission to initiate proceedings to establish a safety standard for reclining chairs if a substantial lack of compliance is found.