[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3743 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3743

  To declare certain children's products containing lead to be banned 
                         hazardous substances.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 3, 2007

    Mr. Waxman (for himself, Mr. Carney, Mr. Ellison, and Mr. Rush) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To declare certain children's products containing lead to be banned 
                         hazardous substances.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. BAN ON CHILDREN'S PRODUCTS CONTAINING LEAD.

    (a) Banned Hazardous Substance.--Effective 30 days after the date 
of enactment of this Act, any children's product containing more than 
the amounts of lead set forth in subsection (b) shall be a banned 
hazardous substance within the meaning of section 2(q)(1) of the 
Federal Hazardous Substances Act (15 U.S.C. 1261(q)(1)).
    (b) Standard for Amount of Lead.--The amounts of lead referred to 
in subsection (a) shall be--
            (1) 600 parts per million lead for any part of a product, 
        effective 30 days after the date of enactment of this Act;
            (2) 250 parts per million lead for any part of a product, 
        effective 1 year after the date of enactment of this Act; and
            (3) 100 parts per million lead for any part of a product, 
        effective 2 years after the date of enactment of this Act.
    (c) Commission Authority To Revise the Standard.--
            (1) More stringent standard.--The Consumer Product Safety 
        Commission may revise the standard set forth in subsection (b) 
        to any lower amount of lead than is set forth in such 
        subsection that the Commission determines is feasible to 
        achieve.
            (2) Mandatory review.--After the date that is 5 years after 
        the date of enactment of this Act, the Consumer Product Safety 
        Commission shall, based on the best available scientific and 
        technical information, review and revise the standard then 
        effective to require the lowest amount of lead that the 
        Commission determines is feasible to achieve.
    (d) Definition of Children's Product.--As used in subsection (a), 
the term ``children's product'' means any consumer product marketed for 
use by children under age 6, or whose substantial use by children under 
age 6 is foreseeable.
    (e) Certain Electronic Devices.--
            (1) Alternate standard.--If the Consumer Product Safety 
        Commission determines that it is not feasible for certain 
        children's products that are electronic devices to attain the 
        standard set forth in subsection (b) of (c), such products 
        shall be equipped with a child-resistant cover or casing that 
        limits exposure of and accessibility to the parts of the 
        product containing such amounts of lead.
            (2) Treatment as consumer product safety rule.--Paragraph 
        (1) 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 (15 U.S.C. 2058). The 
        Commission may establish a schedule by which such electronic 
        devices shall be in full compliance with the requirement of 
        paragraph (1).
    (f) No Preemption of More Protective State Laws.--Nothing in this 
Act preempts any law or ordinance of a State or political subdivision 
of a State containing a standard for lead in children's products that 
provides equal or greater protection to consumers.
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