[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2132 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2132

    To prohibit the introduction or delivery for introduction into 
 interstate commerce of children's products that contain lead, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 3, 2007

Mr. Reid (for Mr. Obama (for himself, Mr. Schumer, Mr. Whitehouse, Mr. 
 Kerry, Mrs. Clinton, and Mr. Durbin)) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To prohibit the introduction or delivery for introduction into 
 interstate commerce of children's products that contain lead, 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. BAN ON CHILDREN'S PRODUCTS THAT CONTAIN LEAD.

    (a) In General.--Beginning on the date that is 30 days after the 
date of the enactment of this Act, any children's product that contains 
more than the amount of lead set forth in subsection (b) shall be 
treated as a banned hazardous substance under the Federal Hazardous 
Substances Act (15 U.S.C. 1261 et seq.) and the prohibitions contained 
in section 4 of such Act shall apply.
    (b) Standard for Amount of Lead.--The amount of lead set forth in 
this subsection is--
            (1) 600 parts per million lead for any part of a product, 
        effective 30 days after the date of the enactment of this Act;
            (2) 250 parts per million lead for any part of a product, 
        effective 1 year after the date of the enactment of this Act; 
        and
            (3) 100 parts per million lead for any part of a product, 
        effective 2 years after the date of the 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 amount of lead that is lower than the level set forth in 
        such subsection if the Commission determines such lower amount 
        is feasible to achieve.
            (2) Mandatory review.--After the date that is 5 years after 
        the date of the 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) 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) or (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.--The 
        requirement of 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).
    (e) Definition of Children's Product.--In this section, 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.
    (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.
                                 <all>