Summary: S.605 — 101st Congress (1989-1990)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Conference report filed in House (10/21/1990)

Consumer Product Safety Improvement Act of 1990 - Title I: Amendments to Acts - Amends the Consumer Product Safety Act (CPSA) with respect to the Consumer Product Safety Commission to: (1) require the President, when making appointments to the Commission, to consider individuals with consumer product safety backgrounds; (2) decrease quorum requirements in certain circumstances; (3) revise and add to the list of personnel to be appointed by the Chairman; and (4) direct the Commission to establish an agenda and priorities for its actions prior to each fiscal year.

Permits disclosure of certain information to Commission representatives, including contractors.

Amends the CPSA, the Federal Hazardous Substances Act (FHSA), and the Flammable Fabrics Act (FFA) (the Acts) to require the Commission to: (1) devise procedures to monitor compliance with certain voluntary standards; and (2) terminate a proceeding to promulgate a consumer product safety rule only if a voluntary standard has been finally approved.

Amends the CPSA to set a 12-month deadline, subject to extension, on the issuance of any proposed consumer product safety rule after the date of publication of an advance notice of proposed rulemaking.

Amends the Acts to require the Commission to grant, in whole or in part, or deny a petition to initiate a rulemaking within a reasonable time after the petition is filed. Prohibits the Commission from denying a petition on the basis of a voluntary standard unless the standard has been finally approved and other requirements are met.

Amends the CPSA to add to the list of reasons a manufacturer is required to notify the Commission: (1) apparent failure to comply with a voluntary standard; (2) apparent creation of an unreasonable risk of serious injury or death; and (3) in certain circumstances, civil actions for death or grievous bodily injury. Declares that the reporting of a civil action shall not constitute an admission of liability under any statute or common law. Prohibits the Commission from disclosing information about a civil action, including under legal process. Requires disclosure, on request, to specified congressional committees.

Requires, subject to exception, a presiding hearing officer to transmit to the Commission any settlement offer.

Directs the Commission to establish a permanent product surveillance program in cooperation with other appropriate Federal agencies to: (1) carry out its responsibilities under this Act; and (2) prevent the entry of unsafe consumer products into U.S. commerce.

Increases civil penalties imposed under the CPSA on persons who violate consumer product safety requirements. Adds civil penalties to the criminal penalties imposed in connection with violations of the FHSA and the FFA. Provides for automatic increases in the maximum authorized civil penalties under the Acts, based on increases in the Consumer Price Index.

Allows appointment of employees of the National Institutes of Health, the National Toxicology Program, and the National Center for Toxicological Research to be appointed to the Chronic Hazard Advisory Panel.

Authorizes appropriations to carry out the CPSA.

Amends the FHSA and the FFA to empower an attorney general of a State who alleges a violation under those Acts to bring a civil action for enforcement.

Mandates a feasibility study on requiring entities subject to the CPSA to pay for Commission services.

Title II: Related Provisions - Requires the Commission to: (1) pursue its pending proceedings to establish a safety standard for cigarette lighters; and (2) report to the Congress on its activities to reduce exposure of individuals to indoor air pollutants.

Requires each automatic residential garage door opener manufactured after specified dates for sale in the United States to conform to certain entrapment protection standards. Sets forth labeling requirements. Requires notification by manufacturers to the public of the potential for garage door entrapment.

Mandates a study of the effectiveness of aversive agents in deterring ingestion of hazardous products.