Text: H.R.4952 — 101st Congress (1989-1990)All Information (Except Text)

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Union Calendar No. 351
101st CONGRESS
2d Session
H. R. 4952
[Report No. 101-567]
A BILL
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.
June 28, 1990
Reported with an amendment, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
HR 4952 RH
Union Calendar No. 351
101st CONGRESS
2d Session
 H. R. 4952
[Report No. 101-567]
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.
IN THE HOUSE OF REPRESENTATIVES
May 24, 1990
Mr. WALGREN (for himself, Mr. RITTER, Mr. WAXMAN, Mr. BARTON of Texas,
Mr. SHARP, Mr. SLATTERY, Mr. SIKORSKI, Mr. ECKART, Mr. SYNAR, Mr. WYDEN,
Mr, RINALDO, Mr. BOUCHER, Mr. BATES, and Mr. NIELSON of Utah)  introduced
the following bill; which was referred to the Committee on Energy and Commerce
June 28, 1990
Additional sponsors: Mrs. COLLINS and Mr. ROWLAND of Georgia
June 28, 1990
Reported with an amendment, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on May 24, 1990]
A BILL
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.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE, REFERENCE.
  (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.
TITLE I--AMENDMENTS TO ACTS
SEC. 101. IMPROVEMENT OF REGULATORY PROCESS.
  (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.'.
SEC. 102. PETITIONS AND VOLUNTARY STANDARDS.
  (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.'.
SEC. 103. ADMINISTRATIVE STRUCTURE.
  (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).'.
SEC. 104. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
  (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.'.
SEC. 105. NOTIFICATION AND REPAIR, REPLACEMENT, OR REFUND.
  (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)'.
SEC. 106. COST-BENEFIT ANALYSIS.
  (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 Hazardous
  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.'.
SEC. 107. CIVIL PENALTIES.
  (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 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.'.
  (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.
SEC. 108. PRIORITIES.
  (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.
SEC. 109. SETTLEMENT OFFERS.
  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.'.
SEC. 110. AUTHORIZATION.
  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.'.
SEC. 111. EFFECTIVE DATE.
  Unless otherwise specified, the amendments made by this title shall take
  effect on the date of the enactment of this Act.
TITLE II--RELATED PROVISIONS
SEC. 201. SLEEPWEAR.
  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.
SEC. 202. LIGHTERS.
  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.
SEC. 203. AMUSEMENT RIDES.
  (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.
SEC. 204. INDOOR AIR POLLUTANTS.
  (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.
SEC. 205. LABELING REQUIREMENT.
  (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 after the date of the enactment of this section 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).
SEC. 206. CHILDREN'S PRODUCTS.
  (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.
SEC. 207. RECLINING CHAIRS.
  (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.
SEC. 208. AUTOMATIC GARAGE DOOR SYSTEMS.
  (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.
SEC. 209. ALL TERRAIN VEHICLES.
  (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.
SEC. 210. STUDY OF BITTERING AGENTS.
  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.
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