[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1046 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1046

  To ensure the effective implementation of children's product safety 
  standards under the Consumer Product Safety Improvement Act of 2008.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 12, 2009

Mr. Putnam (for himself and Mr. Platts) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To ensure the effective implementation of children's product safety 
  standards under the Consumer Product Safety Improvement Act of 2008.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Product Safety 
Enhancement and Clarification Act of 2009''.

SEC. 2. MANDATORY EXCLUSION OF FABRIC PRODUCTS FROM LEAD LIMITS; 
              SPECIAL CONSIDERATIONS IN ENFORCEMENT WITH RESPECT TO 
              SMALL BUSINESSES, THRIFT STORES SELLING USED GOODS, AND 
              DONATIONS TO CHARITIES.

    (a) Mandatory Exclusion of Fabric Products From Lead Limits.--
Section 101(b) of the Consumer Product Safety Improvement Act of 2008 
(15 U.S.C. 1278a(b)) is amended by adding at the end the following:
            ``(6) Mandatory exclusion of fabric products.--Subsection 
        (a) of this section shall not apply to a children's product (as 
        defined in section 3(a)(16) of the Consumer Product Safety Act) 
        made solely out of fabric (as defined in section 2(f) of the 
        Textile Fiber Products Identification Act).''.
    (b) Special Considerations in Enforcement With Respect to Small 
Businesses, Thrift Stores Selling Used Goods, and Donations to 
Charities.--Section 101 of such Act (15 U.S.C. 1278a) is amended by 
adding at the end the following:
    ``(h) Special Considerations in Enforcement With Respect to Small 
Businesses, Thrift Stores Selling Used Goods, and Donations to 
Charities.--
            ``(1) In general.--In enforcing this section with respect 
        to an entity described in paragraph (2), or a donation 
        described in paragraph (3) made or to be made by any entity, 
        the Commission shall do the following:
                    ``(A) Work cooperatively with the entity.
                    ``(B) Take into account economic, administrative, 
                or other limits on the ability of the entity to comply 
                with this section.
                    ``(C) Construe this section, as it applies to the 
                entity or the donation, favorably to the entity.
            ``(2) Entity described.--An entity is described in this 
        paragraph if the entity--
                    ``(A) has made a good faith effort to comply with 
                this section; and
                    ``(B) is any of the following:
                            ``(i) A business concern that meets the 
                        requirements of section 3(a) of the Small 
                        Business Act and the regulations promulgated 
                        pursuant to that section.
                            ``(ii) A person who sells, including on 
                        consignment, a children's product (as defined 
                        in section 3(a)(16) of the Consumer Product 
                        Safety Act) that, when sold or offered for 
                        sale, has been previously purchased by a 
                        consumer.
            ``(3) Donation described.--A donation is described in this 
        paragraph if the donation is of a children's product (as 
        defined in section 3(a)(16) of the Consumer Product Safety Act) 
        by a person to an organization that is--
                    ``(A) described in section 501(c)(3) of the 
                Internal Revenue Code of 1986; and
                    ``(B) exempt from taxation under section 501(a) of 
                such Code.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of section 101 of the Consumer 
Product Safety Improvement Act of 2008.

SEC. 3. EXEMPTION OF FABRIC PRODUCTS FROM MANDATORY THIRD PARTY 
              TESTING.

    (a) In General.--Section 14(a)(2) of the Consumer Product Safety 
Act (15 U.S.C. 2063(a)(2)), as amended by section 102(a)(2) of the 
Consumer Product Safety Improvement Act of 2008, is amended by 
inserting after ``a children's product safety rule'' the following: 
``(except a children's product made solely out of fabric (as defined in 
section 2(f) of the Textile Fiber Products Identification Act))''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the enactment of section 102 of the 
Consumer Product Safety Improvement Act of 2008.
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