Consumer Product Safety Improvement Act of 1990 - Title I: Amendments to Acts - Amends the Consumer Product Safety Act (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.
Requires a feasibility study on requiring entities subject to the CPSA to pay amounts to the Consumer Product Safety Commission to defray the costs of Commission services to the entities.
Amends the CPSA, the Federal Hazardous Substances Act (FHSA), and the Flammable Fabrics Act (FFA) (the Acts) to: (1) allow the Commission to terminate a rulemaking or regulation proceeding and rely on a voluntary standard only if such standard is in existence; (2) allow (in some circumstances require) the Commission to devise procedures to monitor voluntary standards compliance; and (3) require the Commission to grant or deny a petition to initiate a rulemaking within a reasonable time after the petition is filed, with the Commission prohibited from denying a petition on the basis of a voluntary standard unless the standard is in existence and other requirements are met.
Amends the CPSA to direct the President, in making appointments to the Commission, to at least consider individuals with experience in the safety of consumer products or in related fields.
Revises quorum requirements applicable to periods in which there are vacancies on the Commission.
Creates the position of Director of Compliance, makes the Director an officer of the Commission, and requires the Director to be an attorney. Makes certain existing positions officers of the Commission and removes the pay cap on those positions. Allows the Chairman, with the approval of the Commission, to remove officers.
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.
Amends the CPSA to add to the list of reasons a manufacturer must notify the Commission about that of: (1) apparent failure to comply with a voluntary standard; and (2) the product's being the subject of a civil action. Prohibits the Commission from disclosing information about a civil action.
Amends the CPSA to increase, and the FHSA and the FFA to establish, basic and maximum civil monetary penalties for prohibited acts. Requires increases in the maximum penalties for inflation.
Amends the CPSA to require the Commission to annually establish an agenda and priorities for Commission action under the Acts under its jurisdiction.
Requires, subject to exception, a presiding hearing officer to transmit any settlement offer to the Commission.
Directs the Commission to establish a 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 the commerce of the United States.
Authorizes appropriations for FY 1991 through 1992.
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); and (2) pursue its pending proceedings to establish a safety standard for cigarette lighters. 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, 1991.
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.
Deems certain provisions of this Act to be a consumer product safety rule issued by the Consumer Product Safety Commission under specified provisions of the Consumer Product Safety Act.
Requires each automatic garage door opening system manufactured after certain dates to: (1) conform to a specified Underwriters Laboratories standard; (2) include an electric sensing edge located on the edge of the door, designed when activated to cause a closing door to open and to prevent an open door from closing; (3) include an optical sensor or other functionally equivalent non-contact sensor designed to do the same; or (4) include a device found to provide equivalent protection from entrapment.
Requires labeling on the packaging and on the system indicating the month and year of manufacture. Requires manufacturers to notify the public of the entrapment hazards of automatic garage goor openers and advise owners of such systems to test them for the automatic reverse feature required by this Act.
Bans all three-wheel all-terrain vehicles in the following ways. Provides that, for purposes of specified provisions of the CPSA, three-wheel all-terrain vehicles (ATVs) which are not subject to a specified consent decree shall be considered banned hazardous products for purposes of sales by manufacturers, distributors, or dealers. Makes it a violation of specified prohibitions under the CPSA for three-wheel ATVs which are subject to such consent decree to be manufactured for sale, offered for sale, distributed in commerce, or imported into the United States for sale in interstate commerce in the United States. Makes such ban effective 30 days after the enactment of this Act. Directs the Commission, before the ban becomes effective, to notify all manufacturers of three-wheel ATVs.
Provides that sales of new three-wheel (ATVs) will be permitted in the future if the Commission: (1) promulgates a consumer product safety standard applicable to them; (2) formally relies upon a voluntary consumer product safety standard applicable to them; or (3) accepts as satisfactory a voluntary standard for such vehicles developed under the Consent Decree.
Directs the Commission to promulgate lateral stability standards for ATVs, or accept satisfactory voluntary standards. Requires semiannual reports to the Congress until such a standard is established.
Requires the Commission to study bittering agents in hazardous products and their effectiveness in deterring ingestion. Directs the Commission to report on the status of the study to the Congress.
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. HR 4952 RH----2 HR 4952 RH----3
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Commerce, Consumer Protection and Competitiveness.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended).
Ordered to be Reported (Amended).
Committee Consideration and Mark-up Session Held.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 101-567.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 101-567.
Placed on the Union Calendar, Calendar No. 351.
Mr. Walgren moved to suspend the rules and pass the bill, as amended.
Mr. Moorhead demanded a second on the motion to suspend the rules.
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Considered under suspension of the rules.
On ordering a second Agreed to without objection.
DEBATE - The House proceeded with forty minutes of debate.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
Motion to reconsider laid on the table Agreed to without objection.
The House discharged from Committee and moved to the consideration of S. 605, a similar measure to H.R. 4952.
Laid on the table. See S. 605 for further action.