[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1448 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1448

   To exempt off-highway vehicles from the ban on lead in children's 
                   products, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 28, 2011

  Mr. Pryor (for himself, Ms. Klobuchar, Mr. Manchin, and Mr. Tester) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To exempt off-highway vehicles from the ban on lead in children's 
                   products, 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.

    This Act may be cited as the ``Consumer Product Safety Flexibility 
Act of 2011''.

SEC. 2. PROSPECTIVE APPLICATION OF LOWEST LEAD LIMIT FOR CHILDREN'S 
              PRODUCTS.

    Section 101(a) of the Consumer Product Safety Improvement Act of 
2008 (15 U.S.C. 1278a(a)) is amended by adding at the end of the 
following:
            ``(3) Application.--Each limit set forth in paragraph (2) 
        (except for the limit set forth in subparagraphs (A) and (B) of 
        such paragraph) shall apply only to a children's product (as 
        defined in section 3(a) of the Consumer Product Safety Act (15 
        U.S.C. 2052(a))) that is manufactured after the effective date 
        of such respective limit.''.

SEC. 3. YOUTH OFF-HIGHWAY VEHICLES AND BICYCLES.

    (a) Exception.--Section 101(b) of the Consumer Product Safety 
Improvement Act of 2008 (15 U.S.C. 1278a(b)) is amended--
            (1) by redesignating paragraph (5) as paragraph (7); and
            (2) by inserting after paragraph (4) the following:
            ``(5) Exception for off-highway vehicles.--
                    ``(A) In general.--Subsection (a) shall not apply 
                to an off-highway vehicle.
                    ``(B) Off-highway vehicle defined.--For purposes of 
                this section, the term `off-highway vehicle'--
                            ``(i) means any motorized vehicle--
                                    ``(I) that is manufactured 
                                primarily for use off public streets, 
                                roads, and highways;
                                    ``(II) designed to travel on 2, 3, 
                                or 4 wheels; and
                                    ``(III) have either--
                                            ``(aa) a seat designed to 
                                        be straddled by the operator 
                                        and handlebars for steering 
                                        control; or
                                            ``(bb) a nonstraddle seat, 
                                        steering wheel, seat belts, and 
                                        roll-over protective structure; 
                                        and
                            ``(ii) includes a snowmobile.
            ``(6) Bicycles and related products.--In lieu of the lead 
        limits established in subsection (a)(2), the limits set forth 
        for each respective material in the notice of the Commission 
        entitled `Notice of Stay of Enforcement Pertaining to Bicycles 
        and Related Products', published June 30, 2009 (74 Fed. Reg. 
        31254), shall apply to any metal component part of the products 
        to which the stay of enforcement described in such notice 
        applies, except that the limits set forth in such notice shall 
        not be more than 300 parts per million total lead content by 
        weight for any metal component part of the products to which 
        such stay pertains.''.
    (b) Deadline for Rule by Consumer Product Safety Commission on 
Standards for All Terrain Vehicles.--Section 42(d)(1) of the Consumer 
Product Safety Act (15 U.S.C. 2089(d)(1)) is amended by striking ``The 
Commission'' and inserting ``Not later than 1 year after the date of 
the enactment of the Consumer Product Safety Flexibility Act of 2011, 
the Commission''.
                                 <all>