II 111th CONGRESS 1st Session S. 389 IN THE SENATE OF THE UNITED STATES February 5, 2009 Mr. Bennett introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a conditional stay of the ban on lead in children's products, and for other purposes.

1.

Conditional stay of ban on lead in children's products

Section 101(a)(2) of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 1278a(a)(2)) is amended— (1)in subparagraph (A), by striking (B), (C), (D), and (E) and inserting (B), (C), (D), (E), and (F); (2)in subparagraph (B), by striking (C), (D), and (E) and inserting (C), (D), (E), and (F); and (3)by adding at the end the following: (F)

Conditional stay of lead limits

If, before the beginning date described in subparagraph (A), the Commission has not promulgated final regulations with respect to paragraphs (2) and (3) of section 14(a) of the Consumer Product Safety Act (15 U.S.C. 2063(a)) or has stayed the enforcement of the requirements of such paragraph (2), the Commission may— (i)substitute the beginning date described in subparagraph (A) with the earlier of— (I)(aa)in the case that the Commission did not promulgate the regulations before the beginning date described in subparagraph (A), the date that the Commission promulgates such regulations; or (bb)in the case of a stay of enforcement, the date that the Commission lifts such stay; and (II)the date that is 540 days after the date of the enactment of this Act; and (ii)substitute the beginning date described in subparagraph (B) with the date that is 180 days after the date substituted under clause (i). .