[Congressional Record Volume 154, Number 130 (Friday, August 1, 2008)]
[Extensions of Remarks]
[Pages E1688-E1691]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONFERENCE REPORT ON H.R. 4040, CONSUMER PRODUCT SAFETY IMPROVEMENT ACT 
                                OF 2008

                                 ______
                                 

                               speech of

                         HON. CHARLES B. RANGEL

                              of new york

                    in the house of representatives

                        Wednesday, July 30, 2008

  Mr. RANGEL. Madam Speaker, I rise today to express my support of H.R. 
4040, the Consumer Product Safety Committee, CPSC, Reform Act, 
introduced by Representative Bobby L. Rush on November 1, 2007.
  The passage and enactment of the CPSC Reform Act is necessary to 
ensure our children's safety from unsafe products that threaten their 
health and well-being. Unfortunately, the year of 2007 is known as a 
Year of Recall, with one million toys recalled from the American 
market. The danger that these recalled toys posed to our children is 
frightening. Children suffered the threat of unnecessary deaths and 
injuries from contact with contaminated and poisoned toys and products. 
Lead, phthalate and other dangerous chemicals are widely used in 
products, creating a health threat for our young children and their 
parents.
  This threat can be and must be prevented. By demanding that toy 
manufacturers stop using deadly chemicals and ensuring safety with 
legislative and governmental assistance, we can save our kids. The 
American government has the ability to protect our children and prevent 
future tragedies. The CPSC Reform Act proposes a strengthening of the 
authority of the Government to act to ensure safety of American 
citizens.
  I strongly support the Reform Act. The enactment of this important 
bill shall not be delayed. With the holiday season coming soon, a new 
flow of toys and products will arrive and we need to have greater 
assurance of their safety. The legislation can prevent the risk, 
protecting our vulnerable children. We must act now, refusing any 
hazardous chemicals in products of our children.

[[Page E1689]]

           Summary as of March 6, 2008--Passed Senate Amended

       CPSC Reform Act--(Sec. 3) Amends the Consumer Product 
     Safety Act to authorize appropriations: (1) to carry out the 
     Act and any other provision of law the Consumer Product 
     Safety Commission (CPSC) is authorized or directed to carry 
     out; (2) for the office of Inspector General; (3) to make 
     capital improvements to the research, development, and 
     testing facility of the CPSC; and (4) for research into 
     safety issues related to the use of nanotechnology in 
     consumer products.
       (Sec. 4) Requires the CPSC, subject to the availability of 
     appropriations, to increase by at least 500 the number of its 
     full-time employees and by at least 50 the number of its 
     port-of-entry and overseas production facility inspectors. 
     Requires the CPSC to develop and implement a professional 
     career development program. Requires the CPSC to develop 
     standards for training product safety inspectors and 
     technical staff employed by the CPSC.
       (Sec. 5) Urges the President to nominate members to fill 
     any vacancy in CPSC membership as expeditiously as 
     practicable. Removes a provision limiting the funding for the 
     number of CPSC Commissioners to no more than three.
       (Sec. 6) Adds CPSC annual, semiannual, and other regular 
     periodic reports to the list of reports required to be 
     submitted indefinitely under the Federal Reports Elimination 
     and Sunset Act of 1995.
       (Sec. 7) Modifies provisions concerning the public 
     disclosure of information regarding a consumer product where 
     disclosure will permit the public to ascertain readily the 
     identity of the manufacturer or private labeler, including 
     decreasing some waiting periods before the CPSC may disclose 
     information and providing for expedited court actions.
       Requires the CPSC to maintain on its website a publicly 
     available, searchable database that includes any reports 
     received by the CPSC of injuries, illness, death, or risk of 
     such injury, illness, or death related to the use of consumer 
     products received by the CPSC from consumers, government 
     agencies, and nongovernmental sources other than information 
     provided to the CPSC by manufacturers, private labelers, or 
     retailers. Allows inclusion in the database of comments by 
     manufacturers, labelers, or retailers.
       (Sec. 8) Modifies procedures for promulgating consumer 
     product safety rules under the Consumer Product Safety Act or 
     the Flammable Fabrics Act or regulations under the Federal 
     Hazardous Substances Act. Allows, under the Consumer Product 
     Safety Act, submission of an existing standard or portion of 
     a standard as a proposed consumer product safety standard.
       Removes provisions providing that an action for judicial 
     review of a flammability standard or regulation survives any 
     change in the persons occupying the office of CPSC 
     commissioner or any vacancy in such office.
       (Sec. 9) Expands the authority of the CPSC to prohibit the 
     stockpiling of a product (for the purpose of circumventing a 
     consumer product safety rule) to which a consumer product 
     safety rule applies.
       (Sec. 10) Requires third party laboratory testing (and 
     related certification) of certain products for use by, or 
     care of, a child seven or younger that are subject to a 
     consumer product safety standard or a rule.
       Requires, if an advertisement, label, or package contains a 
     reference to a consumer product safety standard, that there 
     be a statement regarding whether the product meets all 
     requirements of that standard.
       Requires the CPSC, with regard to consumer products in 
     general and children's products in particular, to: (1) 
     establish protocols and standards regarding certification or 
     continuing guarantees of compliance; and (2) provide for 
     accreditation of the third party laboratories. Prohibits 
     importation of children's products lacking certification.
       Authorizes the CPSC, by rule, to extend to other consumer 
     products (or to classes or categories of consumer products) a 
     requirement that a product's manufacturer subject to a 
     consumer product safety standard certify that the product 
     conforms to the standard or is not a banned hazardous 
     product.
       Allows the CPSC, in establishing standards for such third 
     party laboratories, to consider standards and protocols by 
     independent standard-setting organizations. Requires that the 
     final standard for certification incorporate the most current 
     scientific and technological standards and techniques.
       (Sec. 11) Amends the Federal Hazardous Substances Act to 
     require, when a product's packaging or retail display must 
     include a choking warning (as with balloons, small balls, or 
     marbles), that associated advertising that provides a direct 
     means of purchase (including on Internet sites or in catalogs 
     or other distributed materials) also bear the warning. Treats 
     that requirement as a consumer product safety standard.
       Requires the manufacturer of a children's product or other 
     consumer product to place distinguishing marks on the product 
     or its packaging that will enable the ultimate purchaser to 
     ascertain the manufacturer, production time period, and 
     cohort of production.
       (Sec. 12) Requires each manufacturer of a consumer product 
     or other product or substance over which the CPSC has 
     jurisdiction under any Act (except for motor vehicle 
     equipment) to notify the CPSC of certain substantial product 
     hazards. (Current law requires such notification only 
     regarding a consumer product, but makes no reference to other 
     products or substances over which the CPSC has jurisdiction.)
       (Sec. 13) Modifies requirements regarding action plans of 
     manufacturers, distributors, or retailers to deal with 
     products that present a substantial hazard.
       (Sec. 14) Requires manufacturers and their subcontractors, 
     importers, retailers, or distributors of a product or 
     substance to identify each other upon CPSC request.
       (Sec. 15) Makes it unlawful to sell, offer for sale, 
     manufacture, distribute, or import any product or substance 
     regulated under any Act enforced by the CPSC that is not in 
     conformity with an applicable consumer product safety 
     standard, is subject to voluntary corrective action, is 
     subject to an order issued under provisions relating to 
     imminent hazards or substantial product standards, or has 
     been designated a banned hazardous substance under the 
     Federal Hazardous Substances Act.
       Authorizes the CPSC, notwithstanding any other provision of 
     law, to prohibit the export of a product or substance that 
     is: (1) not in conformity with applicable CPSC requirements 
     and does not violate applicable safety standards established 
     by the importing country; (2) subject to an order issued 
     under provisions relating to imminent hazards or substantial 
     product standards, or has been designated a banned hazardous 
     substance under the Federal Hazardous Substances Act; or (3) 
     subject to voluntary corrective action taken by the 
     manufacturer, subject to exception.
       Prohibits selling, offering for sale, distributing, or 
     importing any consumer product bearing a registered safety 
     certification mark owned by an accredited conformity 
     assessment body if use of the mark is (or should have been) 
     known to be unauthorized.
       Prohibits exercising or attempting to exercise undue 
     influence on a third party laboratory.
       (Sec. 16) Increases the maximum civil penalties under the 
     Consumer Product Safety Act, the Federal Hazardous Substances 
     Act, and the Flammable Fabrics Act. Requires a finding of 
     aggravated circumstances in order to impose a civil penalty 
     over $10 million. Modifies criminal penalties under those 
     Acts. Adds mitigation of undue adverse economic impacts on 
     small businesses to the factors to be considered in 
     determining the amount of civil penalties.
       (Sec. 17) Prohibits changing, by rule or regulation (or by 
     reference in any preamble, statement of policy, executive 
     branch statements, or other matter associated with the 
     publication of any such rule or regulation), provisions of 
     the Consumer Product Safety Act, the Federal Hazardous 
     Substances Act, the Flammable Fabrics Act, and the Poison 
     Packaging Prevention Act of 1970 that establish the extent to 
     which those Acts preempt or otherwise affect any other 
     federal, state, or local law, any rule or regulation, or any 
     state cause of action.
       (Sec. 18) Authorizes the CPSC to make certain information 
     obtained by the CPSC available to any federal, state, local, 
     or foreign government agency, provided there is an agreement 
     that the information will be maintained in confidence and 
     used only for law enforcement or consumer protection.
       (Sec. 19) Authorizes the CPSC, by rule, to require the 
     posting of an escrow, proof of insurance, or security by 
     manufacturers, distributors, or persons who have committed 
     multiple significant violations of any CPSC-enforced Act in 
     an amount sufficient to cover recall or holding and 
     destruction costs.
       (Sec. 20) Allows states to bring actions to enforce any Act 
     enforced by the CPSC, except during the pendency of an action 
     brought by the CPSC. Regulates the use of information by 
     private counsel retained to assist a state.
       (Sec. 21) Creates protections for public and private sector 
     whistle-blowers. Allows a court to grant all relief necessary 
     to make the employee whole, including injunctive relief, 
     compensatory damages, reinstatement, back pay (with 
     interest), compensation for any special damages, litigation 
     costs, expert witness fees, and reasonable attorney fees.
       (Sec. 22) Treats any children's product designed or 
     intended for use by, or care of, a child seven or younger 
     that contains lead over a specified level as a banned 
     hazardous substance under the Federal Hazardous Substances 
     Act. Excludes components that are not accessible to a child 
     and will not become physically exposed through normal and 
     reasonably foreseeable product use and abuse. Prohibits 
     considering paint, coatings, or electroplating to be a 
     barrier that would render lead in the substrate inaccessible 
     to a child. Allows the CPSC to exclude lead crystal.
       Requires the CPSC, if it determines it is not feasible for 
     electronic devices, including batteries, to comply with that 
     requirement, to issue standards and establish a schedule for 
     full compliance. Allows the CPSC to establish more stringent 
     levels than those specified in this Act.
       Lowers the lead threshold at which paint becomes a banned 
     hazardous product.
       (Sec. 23) Requires the CPSC to study the feasibility of 
     establishing a measurement standard based on a units-of-mass-
     per-area standard that is statistically comparable to the 
     parts-per-million measurement standard now used in laboratory 
     analysis.
       (Sec. 24) Requires the Government Accountability Office 
     (GAO) to study disparities in the risks and incidence of 
     preventable injuries and deaths among minority children 
     related to products intended for use by children. Requires a 
     report to the Committee on

[[Page E1690]]

     Energy and Commerce of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate. Authorizes appropriations.
       (Sec. 25) Amends the Poison Prevention Packaging Act of 
     1970 to prohibit construing provisions relating to household 
     substance special packaging to protect children to require a 
     cost-benefit analysis in connection with the establishment of 
     a standard.
       (Sec. 26) Requires the CPSC's Inspector General to conduct 
     reviews and audits of implementation of the Consumer Product 
     Safety Act by the CPSC and report annually to the CPSC, the 
     Senate Committee on Commerce, Science, and Transportation, 
     and the House of Representatives Committee on Energy and 
     Commerce.
       Requires the Inspector General to review CPSC employee 
     complaints about failures of other employees to properly 
     enforce rules or regulations of any Act enforced by the CPSC 
     and the process by which corrective action plans are 
     negotiated with such employees and report to the CPSC and 
     such committees.
       Requires the Inspector General to review whether, and to 
     what extent, there have been unauthorized and unlawful 
     disclosures of information by CPSC Members, officers, or 
     employees to CPSC-regulated persons that are not authorized 
     to receive such information and report to the CPSC and such 
     committees.
       (Sec. 27) Requires the CPSC to establish and maintain: (1) 
     on its home page a direct link to the CPSC's Office of 
     Inspector General; and (2) on the home page of its Inspector 
     General website a mechanism by which individuals may 
     anonymously report cases of waste, fraud, or abuse regarding 
     the CPSC.
       (Sec. 28) Establishes, as a consumer product safety rule, a 
     requirement that each portable gasoline container conform to 
     the child-resistance requirements in a specified standard 
     issued by ASTM International.
       (Sec. 29) Considers a specified ASTM-International standard 
     on toy safety to be a consumer product safety rule.
       (Sec. 30) Requires the CPSC, notwithstanding any other 
     provision of law, to establish as a mandatory consumer 
     product safety standard a specified American National 
     Standard for four-wheeled all-terrain vehicles developed by 
     the Specialty Vehicle Institute of America. Makes it unlawful 
     for any manufacturer or distributor to import or distribute 
     any new all-terrain vehicle unless: (1) the vehicle complies 
     with the standard, is subject to an all-terrain vehicle 
     action plan, and bears a label certifying such compliance and 
     certain other information; and (2) the manufacturer or 
     distributor is in compliance with the action plan.
       Prohibits the importation of new three-wheeled all-terrain 
     vehicles until a mandatory consumer product safety rule 
     applicable to three-wheeled all-terrain vehicles is in 
     effect.
       Requires the Comptroller General to study the utility, 
     recreational, and other benefits of certain all-terrain 
     vehicles and the costs associated with accidents and injuries 
     involving all-terrain vehicles.
       (Sec. 31) Requires, notwithstanding specified provisions of 
     the Consumer Product Safety Improvement Act of 1990 or any 
     amendment by the American National Standards Institute and 
     Underwriters Laboratories of specified standards, that all 
     automatic residential garage door operators that directly 
     drive the door in the closing direction include an external 
     secondary entrapment protection device that does not require 
     contact with a person or object for the garage door to 
     reverse. Provides for an exception, requires the CPSC to 
     review and if necessary revise its standard, and eliminates 
     the exception if the revised standard adopts the requirement 
     of the first sentence of this paragraph.
       (Sec. 32) Sets a deadline for the CPSC to issue a final 
     rule in a specified proceeding relating to portable 
     generators.
       Requires the CPSC to report to the Senate Committee on 
     Commerce, Science, and Transportation regarding charcoal 
     briquettes.
       (Sec. 33) Sets a deadline for the CPSC to issue a final 
     rule mandating general safety standards for cigarette 
     lighters in specified proceedings.
       (Sec. 34) Danny Keysar Child Product Safety Notification 
     Act--Requires the CPSC to assess the effectiveness of any 
     voluntary consumer product safety standards for durable 
     products for children under five years of age and promulgate 
     consumer product safety rules that are the same or more 
     stringent than the voluntary standards. Makes it unlawful 
     for any commercial user (including, but not limited to 
     hotels, motels, or similar transient lodging facilities 
     and day care centers) to manufacture, sell, lease, or 
     otherwise place in the stream of commerce any new or used 
     crib, including a portable crib and a crib-pen, that is 
     not in compliance with the mandatory rule.
       Requires the CPSC to promulgate final consumer product 
     safety rules that require manufacturers of durable products 
     for children under five years to: (1) provide consumers with 
     postage-paid consumer registration forms with each such 
     product and maintain the submitted information in order to 
     improve recall effectiveness; and (2) permanently label the 
     product with information about the manufacturer and product.
       Requires the CPSC to study, and report to Congress on, the 
     effectiveness of such rules in facilitating product recalls.
       Allows a manufacturer of such durable products to use a 
     recall notification technology in lieu of such registration 
     forms if the CPSC finds that the technology is at least as 
     effective as the forms. Requires the CPSC to review recall 
     notification technology and report to Congress.
       (Sec. 35) Repeals provisions allowing the CPSC to regulate 
     a product under the Consumer Product Safety Act (if the 
     product has a risk of injury which could be reduced to a 
     sufficient extent by action under the under the Federal 
     Hazardous Substances Act, the Poison Prevention Packaging Act 
     of 1970, or the Flammable Fabrics Act) only if the CPSC by 
     rule finds that it is in the public interest to do so.
       (Sec. 36) Requires the CPSC to enter into a memorandum of 
     understanding with the Secretary of Homeland Security for the 
     assignment by the Commission of at least one full-time 
     equivalent personnel to work at the National Targeting Center 
     of the U.S. Customs and Border Protection to identify 
     products intended for importation that pose a high risk to 
     consumer safety. Allows the CPSC to waive that requirement if 
     it determines that the assignment would not improve 
     effectiveness in identifying such products before 
     importation.
       (Sec. 37) Requires the CPSC to develop a risk assessment 
     methodology for identification of shipments of consumer 
     products that are intended for import and would be refused 
     admission under specified provisions of the Consumer Product 
     Safety Act, including, as far as practicable, using the 
     International Trade Data System (ITDS) to evaluate and assess 
     information before shipments enter U.S. customs territory. 
     Authorizes appropriations.
       (Sec. 38) Requires the CPSC to publish a list of product 
     defects that constitute a substantial product hazard.
       Replaces provisions requiring the exportation (or, on 
     application, destruction) of imports refused admission with 
     provisions requiring the Secretary of Homeland Security to 
     destroy any product refused admission unless the product is 
     exported within a specified period after refusal.
       Requires (currently, allows) the CPSC, by rule, to 
     condition importation of a consumer product on the 
     manufacturer's compliance with certain inspection and record 
     keeping requirements.
       Requires (currently, allows) the CPSC to provide 
     information to other federal agencies with which it is 
     cooperating under an existing permanent surveillance program 
     to prevent the entry of unsafe consumer products.
       Prohibits construing this section to prevent the Secretary 
     of Homeland Security from prohibiting entry or directing the 
     destruction or export of a consumer product under any other 
     provision of law.
       Replaces all references to the Secretary of the Treasury in 
     provisions relating to imported products with references to 
     the Secretary of Homeland Security.
       (Sec. 39) Requires the CPSC to: (1) establish and maintain 
     a database with information about violations of consumer 
     product safety rules, including related statements by 
     manufacturers or suppliers; and (2) make the database 
     available on a real-time basis to the Commissioner 
     responsible for the U.S. Customs and Border Protection of the 
     Department of Homeland Security to be used to determine 
     whether a container being imported contains consumer products 
     that are in violation of a consumer product safety standard 
     and whether action should be taken under imported products 
     provisions. Prohibits other disclosure of the information, 
     except for law enforcement or national security. Prohibits 
     the CPSC and the Commissioner responsible for the U.S. 
     Customs and Border Protection of the Department of Homeland 
     Security from imposing a civil or criminal penalty solely on 
     the basis of information from the database. Authorizes 
     appropriations.
       (Sec. 40) Treats any children's toy or child care article 
     that contains any combination of specified phthalates as a 
     banned hazardous substance under the Federal Hazardous 
     Substances Act. Prohibits certain alternatives to those 
     phthalates. Allows certain related state or local laws.
       (Sec. 41) Requires the CPSC to establish a standard for 
     equestrian helmets.
       (Sec. 42) Authorizes the CPSC, if it finds that a product 
     presents a substantial hazard, and that certain actions under 
     existing provisions are in the public interest, to order a 
     manufacturer, distributor, or retailer to distribute notice 
     of the actions to the public. Specifies the required contents 
     of the notice. Allows the CPSC to require that a notice be 
     distributed in a language other than English if the CPSC 
     determines that doing so is necessary to adequately protect 
     the public.
       Requires the CPSC to make certain information available to 
     the public as the information becomes available to the CPSC, 
     including progress reports and incident updates, statistics 
     regarding injuries and deaths, and certain communications 
     from consumers to the CPSC.
       (Sec. 43) Requires the Comptroller General to: (1) assess 
     the effectiveness of the authorities and provisions of the 
     Consumer Product Safety Act in preventing unsafe consumer 
     products from entering U.S. customs territory; (2) develop a 
     plan to improve effectiveness; and (3) report to Congress 
     regarding inspection of foreign manufacturing plants by the 
     CPSC and requiring foreign manufacturers to consent to the 
     jurisdiction of U.S. courts regarding CPSC enforcement 
     actions.
       (Sec. 44) Bans importation of toys manufactured by 
     companies that have shown a

[[Page E1691]]

     persistent pattern substantial product hazards or that 
     present a risk of injury to the public of such a magnitude 
     that the CPSC has determined that a permanent ban on all toys 
     manufactured by such company is equitably justified. Requires 
     a related annual report to Congress.
       (Sec. 45) Requires the CPSC to conduct a study on the use 
     of formaldehyde in the manufacture of textile and apparel 
     articles, or in any component of such articles, to identify 
     any risks to consumers.

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