I 
110TH CONGRESS 
1ST SESSION H. R. 4040 
To establish consumer product safety standards and other safety requirements 
for children’s products and to reauthorize and modernize the Consumer 
Product Safety Commission. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 1, 2007 
Mr. RUSH (for himself, Mr. STEARNS, Mr. DINGELL, Mr. BARTON of Texas, 
Mr. TOWNS, Mr. WHITFIELD, Mr. GORDON of Tennessee, Mr. BURGESS, 
Mr. STUPAK, Mr. WYNN, Mr. GENE GREEN of Texas, Ms. DEGETTE, 
Mrs. CAPPS, Ms. HARMAN, Mr. ALLEN, Ms. SOLIS, Mr. GONZALEZ, Mr. 
INSLEE, Ms. BALDWIN, Mr. ROSS, Mr. MATHESON, Mr. BARROW, Mr. 
HILL, Mr. EMANUEL, Mr. CLYBURN, Mr. BERRY, Mr. BISHOP of Geor-
gia, Mr. BOYD of Florida, Mrs. BOYDA of Kansas, Mr. CARDOZA, Mr. 
CLAY, Mr. CLEAVER, Mr. DAVIS
of Illinois, Mr. ELLISON, Mrs. 
GILLIBRAND, Mr. AL GREEN of Texas, Mr. HALL of New York, Mr. 
HODES, Ms. EDDIE BERNICE JOHNSON of Texas, Ms. KAPTUR, Mr. KIL-
DEE, Mr. LARSON of Connecticut, Ms. JACKSON-LEE of Texas, Mr. LI-
PINSKI, Mrs. MCCARTHY of New York, Ms. LORETTA SANCHEZ of Cali-
fornia, Mr. SCOTT of Virginia, Mr. SESTAK, Mr. THOMPSON of Mis-
sissippi, and Ms. WOOLSEY) introduced the following bill; which was re-
ferred to the Committee on Energy and Commerce 
A BILL 
To establish consumer product safety standards and other 
safety requirements for children’s products and to reau-
thorize and modernize the Consumer Product Safety 
Commission. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Consumer Product Safety Modernization Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References. 
TITLE I—CHILDREN’S PRODUCT SAFETY 
Sec. 101. Ban on children’s products containing lead; lead paint rule. 
Sec. 102. Mandatory third-party testing for certain children’s products. 
Sec. 103. Tracking labels for children’s products. 
Sec. 104. Standards and consumer registration of durable nursery products. 
Sec. 105. Labeling requirement for certain internet and catalogue advertising 
of toys and games. 
TITLE II—CONSUMER PRODUCT SAFETY COMMISSION REFORM 
Sec. 201. Reauthorization of the Commission. 
Sec. 202. Structure and quorum. 
Sec. 203. Submission of copy of certain documents to Congress. 
Sec. 204. Expedited rulemaking. 
Sec. 205. Public disclosure of information. 
Sec. 206. Prohibition on stockpiling under other Commission-enforced statutes. 
Sec. 207. Notification of noncompliance with any Commission-enforced statute. 
Sec. 208. Corrective action plans. 
Sec. 209. Website notice, notice to third party internet sellers, and radio and 
television notice. 
Sec. 210. Identification of manufacturer, importers, retailers, and distributors. 
Sec. 211. Export of recalled and non-conforming products. 
Sec. 212. Prohibition on sale of recalled products. 
Sec. 213. Increased civil penalty. 
Sec. 214. Criminal penalties to include asset forfeiture. 
Sec. 215. Sharing of information with Federal, State, local, and foreign govern-
ment agencies. 
SEC. 2. REFERENCES. 
(a) COMMISSION.—As used in this Act, the term 
‘‘Commission’’ means the Consumer Product Safety Com-
mission. 
(b) CONSUMER PRODUCT SAFETY ACT.—Except as 
otherwise expressly provided, whenever in this Act an 
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amendment is expressed as an amendment to a section 
or other provision, the reference shall be considered to be 
made to a section or other provision of the Consumer 
Product Safety Act (15 U.S.C. 2051 et seq.). 
TITLE I—CHILDREN’S PRODUCT 
SAFETY 
SEC. 101. BAN ON CHILDREN’S PRODUCTS CONTAINING 
LEAD; LEAD PAINT RULE. 
(a) CHILDREN’S PRODUCTS CONTAINING LEAD.— 
(1) BANNED HAZARDOUS SUBSTANCE.—Effec-
tive 60 days after the date of enactment of this Act, 
except as provided in paragraph 2(B), any children’s 
product containing more than the amounts of lead 
set forth in paragraph (2)(A) shall be a banned haz-
ardous substance within the meaning of section 
2(q)(1) of the Federal Hazardous Substances Act 
(15 U.S.C. 1261(q)(1)). 
(2) STANDARD FOR AMOUNT OF LEAD.—The 
amounts of lead referred to in paragraph (1) shall 
be— 
(A)(i) 600 parts per million lead for any 
part of the product; 
(ii) 250 parts per million lead for any part 
of the product, effective 2 years after the date 
of enactment of this Act; and 
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(iii) 100 parts per million lead for any part 
of a product, effective 4 years after the date of 
enactment of this Act, unless the Commission 
determines, after notice and a hearing, that a 
standard of 100 parts per million is not fea-
sible; or 
(B) 90 parts per million of soluble lead for 
any part of the product, as determined by the 
Commission by rule. 
(3) COMMISSION
REVISIONS
OF
THE
STAND-
ARD.— 
(A) MORE
STRINGENT
STANDARD.—The 
Commission may revise the standard set forth 
in paragraph (2) to any lower amount of lead 
than is set forth in such subsection that the 
Commission determines is feasible to achieve. 
(B) PERIODIC REVIEW.—The Commission 
shall, based on the best available scientific and 
technical information, periodically review and 
revise the standard set forth in this section to 
require the lowest amount of lead that the 
Commission determines is feasible to achieve. 
(4) DEFINITION OF CHILDREN’S PRODUCT.— 
(A) IN GENERAL.—As used in this sub-
section, the term ‘‘children’s product’’ means a 
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