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United States · Bill · HR

H.R. 4952 (101st)

Consumer Product Safety Improvement Act of 1990

openUnited States· United States Congress· EN

Introduced

24 May 1990

Last action

Status

Laid on the table. See S. 605 for further action.

Sponsors

Subjects

Discovery layer

Source updated

5 February 2024

Summary

Consumer Product Safety Improvement Act of 1990 - Title I: Amendments to Acts - Amends the Consumer Product Safety Act (CPSA) to set a 12-month deadline, subject to extension, on the issuance of any proposed consumer product safety rule after the date of publication of an advance notice of proposed rulemaking. Requires a feasibility study on requiring entities subject to the CPSA to pay amounts to the Consumer Product Safety Commission to defray the costs of Commission services to the entities. Amends the CPSA, the Federal Hazardous Substances Act (FHSA), and the Flammable Fabrics Act (FFA) (the Acts) to: (1) allow the Commission to terminate a rulemaking or regulation proceeding and rely on a voluntary standard only if such standard is in existence; (2) allow (in some circumstances require) the Commission to devise procedures to monitor voluntary standards compliance; and (3) require the Commission to grant or deny a petition to initiate a rulemaking within a reasonable time after the petition is filed, with the Commission prohibited from denying a petition on the basis of a voluntary standard unless the standard is in existence and other requirements are met. Amends the CPSA to direct the President, in making appointments to the Commission, to at least consider individuals with experience in the safety of consumer products or in related fields. Revises quorum requirements applicable to periods in which there are vacancies on the Commission. Creates the position of Director of Compliance, makes the Director an officer of the Commission, and requires the Director to be an attorney. Makes certain existing positions officers of the Commission and removes the pay cap on those positions. Allows the Chairman, with the approval of the Commission, to remove officers. Amends the FHSA and the FFA to empower an attorney general of a State who alleges a violation under those Acts to bring a civil action for enforcement. Amends the CPSA to add to the list of reasons a manufacturer is required to notify the Commission that of: (1) apparent failure to comply with a voluntary standard; and (2) the product being the subject of a civil action. Prohibits the Commission from disclosing information about a civil action. Amends the CPSA to increase, and the FHSA and the FFA to establish, basic and maximum civil monetary penalties for prohibited acts. Requires increases in the maximum penalties for inflation. Amends the CPSA to require the Commission to annually establish an agenda and priorities for Commission action under the Acts under its jurisdiction. Requires, subject to exception, a presiding hearing officer to transmit any settlement offer to the Commission. Authorizes appropriations. Title II: Related Provisions - Directs the Commission to: (1) study and report to the Congress on whether a special flammability standard is needed for sleepwear (other than for children); and (2) pursue its pending proceedings to establish a safety standard for cigarette lighters. Revises the CPSA definition of "amusement ride." Includes amusement rides expressly within the framework of such Act, subjecting them to public disclosure and inspection requirements and to notification and remedy provisions applicable to substantial product hazards when serious injury occurs. Directs the Commission to issue rules in this regard by July 1, 1991. Directs the Commission to: (1) report to the Congress on its activities to reduce exposure of individuals to an enumerated list of indoor air pollutants; (2) issue a consumer product safety standard to require cautionary labeling in connection with certain toys intended for use by children at least three years old; (3) submit to the Congress a report including specified information about particular products that pose a major hazard to children; and (4) conduct a survey to determine compliance with voluntary industry manufacturing guidelines designed to reduce the entrapment of children in reclining chairs and report the results to the Congress. Requires the Commission to initiate proceedings to establish a safety standard for reclining chairs if a substantial lack of compliance is found.

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Documents

4 official files

Reported in House (text)

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