IB 
Union Calendar No. 306 
110TH CONGRESS 
1ST SESSION H. R. 4040 
[Report No. 110–501] 
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 
DECEMBER 19, 2007 
Additional sponsors: Ms. SHEA-PORTER, Mr. DOYLE, Mrs. LOWEY, Mr. 
MCNERNEY, Ms. MATSUI, Mr. BUTTERFIELD, Ms. BORDALLO, Ms. 
HERSETH SANDLIN, Ms. WASSERMAN SCHULTZ, Mr. WALSH of New 
York, Mr. DEFAZIO, Mr. MCNULTY, Mr. HASTINGS of Florida, Mr. WIL-
SON of Ohio, Ms. GIFFORDS, Ms. CASTOR, Ms. LEE, Mr. LANGEVIN, Ms. 
SUTTON, Mr. FARR, Mr. VAN HOLLEN, Mr. REYES, Mr. HINOJOSA, Mr. 
VISCLOSKY, Mr. PERLMUTTER, Mr. SPACE, Mr. MOORE of Kansas, Mr. 
HONDA, Mr. BOUCHER, Mr. FORTENBERRY, Ms. RICHARDSON, Mr. 
HARE, Ms. CLARKE, Mr. COURTNEY, Mr. SARBANES, Mr. SIRES, Mr. 
JOHNSON of Georgia, Mr. LAMPSON, Ms. HOOLEY, Mr. MAHONEY of 
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Florida, Mr. REICHERT, Mr. ENGEL, Mr. POMEROY, Mr. MORAN of Vir-
ginia, Mr. MELANCON, Mr. WELCH of Vermont, Mr. WALDEN of Oregon, 
Mr. WAXMAN, Mr. PASTOR, Mrs. TAUSCHER, Mr. MURPHY of Con-
necticut, Ms. BEAN, Mr. CUMMINGS, Ms. SCHAKOWSKY, Mr. ACKERMAN, 
Mr. ALTMIRE, and Mr. DONNELLY 
DECEMBER 19, 2007 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on November 1, 2007] 
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, 
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. 
Sec. 3. Authority to issue implementing regulations. 
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. 
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Sec. 106. Study of preventable injuries and deaths in minority children related 
to consumer products. 
Sec. 107. Review of generally-applicable standards for toys. 
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. Publicly available information on incidents involving injury or death. 
Sec. 207. Prohibition on stockpiling under other Commission-enforced statutes. 
Sec. 208. Notification of noncompliance with any Commission-enforced statute. 
Sec. 209. Enhanced recall authority and corrective action plans. 
Sec. 210. Website notice, notice to third party internet sellers, and radio and tele-
vision notice. 
Sec. 211. Inspection of certified proprietary laboratories. 
Sec. 212. Identification of manufacturer, importers, retailers, and distributors. 
Sec. 213. Export of recalled and non-conforming products. 
Sec. 214. Prohibition on sale of recalled products. 
Sec. 215. Increased civil penalty. 
Sec. 216. Criminal penalties to include asset forfeiture. 
Sec. 217. Enforcement by State attorneys general. 
Sec. 218. Effect of rules on preemption. 
Sec. 219. Sharing of information with Federal, State, local, and foreign govern-
ment agencies. 
Sec. 220. Inspector General authority and accessibility. 
Sec. 221. Repeal. 
Sec. 222. Industry-sponsored travel ban. 
Sec. 223. Annual reporting requirement. 
Sec. 224. Study on the effectiveness of authority relating to imported products. 
SEC. 2. REFERENCES. 
(a) COMMISSION.—As used in this Act, the term ‘‘Com-
mission’’ means the Consumer Product Safety Commission. 
(b) CONSUMER PRODUCT SAFETY ACT.—Except as 
otherwise expressly provided, whenever in this Act an 
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.). 
(c) RULE.—In this Act and the amendments made by 
this Act, a reference to any rule under any Act enforced 
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by the Commission shall be considered a reference to any 
rule, standard, ban, or order under any such Act. 
SEC. 3. AUTHORITY TO ISSUE IMPLEMENTING REGULA-
TIONS. 
The Commission may issue regulations, as necessary, 
to implement this Act and the amendments made by this 
Act. 
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.—Effective 
180 days after the date of enactment of this Act, any 
children’s product containing more than the amounts 
of lead set forth in paragraph (2) shall be a banned 
hazardous 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) 600 parts per million total lead content 
by weight for any part of the product; 
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(B) 300 parts per million total lead content 
by weight for any part of the product, effective 
2 years after the date of enactment of this Act; 
and 
(C) 100 parts per million total lead content 
by weight for any part of the 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 feasible, in which case the Com-
mission shall require the lowest amount of lead 
that the Commission determines is feasible to 
achieve. 
(3) COMMISSION REVISION TO MORE PROTECTIVE 
STANDARD.— 
(A) MORE
PROTECTIVE
STANDARD.—The 
Commission may, by rule, revise the standard set 
forth in paragraph (2)(C) for any class of chil-
dren’s products to any level and form that the 
Commission determines is— 
(i) more protective of human health; 
and 
(ii) feasible to achieve. 
(B) PERIODIC
REVIEW.—The Commission 
shall, based on the best available scientific and 
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technical information, periodically review and 
revise the standard set forth in this section to re-
quire the lowest amount of lead that the Com-
mission determines is feasible to achieve. 
(4) COMMISSION AUTHORITY TO EXCLUDE CER-
TAIN MATERIALS.—The Commission may, by rule, ex-
clude certain products and materials from the prohi-
bition in paragraph (1) if the Commission determines 
that the lead content in such products and materials 
will not result in the absorption of lead in the human 
body or does not have any adverse impact on public 
health or safety. 
(5) DEFINITION OF CHILDREN’S PRODUCT.— 
(A) IN
GENERAL.—As used in this sub-
section, the term ‘‘children’s product’’ means a 
consumer product as defined in section 3(1) of 
the Consumer Product Safety Act (15 U.S.C. 
2052(1)) designed or intended primarily for chil-
dren 12 years of age or younger. 
(B) FACTORS TO BE CONSIDERED.—In de-
termining whether a product is primarily in-
tended for a child 12 years of age or younger, the 
following factors shall be considered: 
(i) A statement by a manufacturer 
about the intended use of such product, in-
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cluding a label on such product if such 
statement is reasonable. 
(ii) Whether the product is represented 
in its packaging, display or advertising as 
appropriate for use by children 12 years of 
age or younger. 
(iii) Whether the product is commonly 
recognized by consumers as being intended 
for use by child 12 years of age or younger. 
(iv) The Age Determination Guidelines 
issued by the Commission staff in Sep-
tember 2002, and any successor thereto. 
(6) EXCEPTION FOR INACCESSIBLE COMPONENT 
PARTS.—The standards established under paragraph 
(2) shall not apply to any component part of a chil-
dren’s product that is not accessible to a child through 
normal and reasonably foreseeable use and abuse of 
such product, as determined by the Commission. A 
component part is not accessible under this para-
graph if such component part is not physically ex-
posed by reason of a sealed covering or casing and 
does not become physically exposed through reason-
ably foreseeable use and abuse of the product. The 
Commission may require that certain electronic de-
vices be equipped with a child-resistant cover or cas-
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ing that prevents exposure of and accessibility to the 
parts of the product containing lead if the Commis-
sion determines that it is not feasible for such prod-
ucts to otherwise meet such standards. 
(b) PAINT STANDARD.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Commission 
shall modify section 1303.1 of title 16, Code of Fed-
eral Regulations, to— 
(A) reduce the standard applicable to lead 
paint by substituting ‘‘0.009 percent’’ for ‘‘0.06 
percent’’ in subsection (a) of that section; 
(B) apply the standard to all children’s 
products as defined in subsection (a)(5); and 
(C) reduce the standard for paint and other 
surface coating on children’s products and fur-
niture to 0.009 milligrams per centimeter 
squared. 
(2) MORE
PROTECTIVE
STANDARD.—Not later 
than 3 years after the date of enactment of this Act, 
the Commission shall, by rule, revise the standard es-
tablished under paragraph (1)(C) to a more protective 
standard if the Commission determines such a stand-
ard to be feasible. 
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(c) AUTHORITY TO EXTEND IMPLEMENTATION PERI-
ODS.—The Commission may extend, by rule, the effective 
dates in subsections (a) and (b) by an additional period 
not to exceed 180 days if the Commission determines that— 
(1) there is no impact on public health or safety 
from extending the implementation period; and 
(2)(A) the complete implementation of the new 
standards by manufacturers subject to such standards 
is not feasible within 180 days; 
(B) the cost of such implementation, particularly 
on small and medium sized enterprises, is excessive; 
or 
(C) the Commission requires additional time to 
implement such standards and determine the required 
testing methodologies and appropriate exceptions in 
order to enforce such standards. 
SEC. 102. MANDATORY THIRD-PARTY TESTING FOR CER-
TAIN CHILDREN’S PRODUCTS. 
(a) MANDATORY AND THIRD-PARTY TESTING.—Sec-
tion 14(a) (15 U.S.C. 2063(a)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘Every manufacturer’’ and 
inserting ‘‘Except as provided in paragraph (2), 
every manufacturer’’; and 
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(B) by striking ‘‘standard under this Act’’ 
and inserting ‘‘rule under this Act or similar 
rule under any other Act enforced by the Com-
mission’’; 
(2) by redesignating paragraph (2) as para-
graph (3) and inserting after paragraph (1) the fol-
lowing: 
‘‘(2) Effective 1 year after the date of enactment 
of the Consumer Product Safety Modernization Act, 
every manufacturer of a children’s product (and the 
private labeler of such children’s product if such prod-
uct bears a private label) which is subject to a con-
sumer product safety rule under this Act or a similar 
rule or standard under any other Act enforced by the 
Commission, shall— 
‘‘(A) have the product tested by a inde-
pendent third party qualified to perform such 
tests or a proprietary laboratory certified by the 
Commission under subsection (e) ; and 
‘‘(B) issue a certificate which shall— 
‘‘(i) certify that such product conforms 
to such standards or rules; and 
‘‘(ii) specify the applicable consumer 
product safety standards or other similar 
rules.’’; and 
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(3) in paragraph (3) (as so redesignated)— 
(A) by striking ‘‘required by paragraph (1) 
of this subsection’’ and inserting ‘‘required by 
paragraph (1) or (2) (as the case may be)’’; and 
(B) by striking ‘‘requirement under para-
graph (1)’’ and inserting ‘‘requirement under 
paragraph (1) or (2) (as the case may be)’’. 
(b) DEFINITION OF CHILDREN’S PRODUCTS AND INDE-
PENDENT THIRD PARTY.—Section 14 (15 U.S.C. 2063) is 
amended by adding at the end the following: 
‘‘(d) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) The term ‘children’s product’ means a con-
sumer product designed or intended primarily for 
children 12 years of age or younger. In determining 
whether a product is primarily intended for a child 
12 years of age or younger, the following factors shall 
be considered: 
‘‘(A) A statement by a manufacturer about 
the intended use of such product, including a 
label on such product if such statement is reason-
able. 
‘‘(B) Whether the product is represented in 
its packaging, display or advertising as appro-
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priate for use by children 12 years of age or 
younger. 
‘‘(C) Whether the product is commonly rec-
ognized by consumers as being intended for use 
by child 12 years of age or younger. 
‘‘(D) The Age Determination Guidelines 
issued by the Commission staff in September 
2002, and any successor thereto. 
‘‘(2) The term ‘independent third party’, means 
an independent testing entity that is not owned, man-
aged, controlled, or directed by such manufacturer or 
private labeler, and that is accredited in accordance 
with an accreditation process established or recog-
nized by the Commission. In the case of certification 
of art material or art material products required 
under this section or under regulations issued under 
the Federal Hazardous Substances Act, such term in-
cludes a certifying organization, as such term is de-
fined in appendix A to section 1500.14(b)(8) of title 
16, Code of Federal Regulations.’’. 
(c) 
CERTIFICATION
OF
PROPRIETARY
LABORA-
TORIES.—Section 14 (15 U.S.C. 2063) is further amended 
by adding at the end the following: 
‘‘(e) CERTIFICATION OF PROPRIETARY LABORATORIES 
FOR MANDATORY TESTING.— 
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‘‘(1) CERTIFICATION.—Upon request, the Com-
mission, or an independent standard-setting organi-
zation to which the Commission has delegated such 
authority, may certify a laboratory that is owned, 
managed, controlled, or directed by the manufacturer 
or private labeler for purposes of testing required 
under this section if the Commission determines 
that— 
‘‘(A) certification of the laboratory would 
provide equal or greater consumer safety protec-
tion than the manufacturer’s use of an inde-
pendent third party laboratory; 
‘‘(B) the laboratory has established proce-
dures to ensure that the laboratory is protected 
from undue influence, including pressure to mod-
ify or hide test results, by the manufacturer or 
private labeler; and 
‘‘(C) the laboratory has established proce-
dures for confidential reporting of allegations of 
undue influence to the Commission. 
‘‘(2) DECERTIFICATION.—The Commission, or an 
independent standard-setting organization to which 
the Commission has delegated such authority, may 
decertify any laboratory certified under paragraph 
(1) if the Commission finds, after notice and inves-
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tigation, that a manufacturer or private labeler has 
exerted undue influence on the laboratory.’’. 
(d) CONFORMING AMENDMENTS.—Section 14(b) (15 
U.S.C. 2063(b)) is amended— 
(1) by striking ‘‘standards under this Act’’ and 
inserting ‘‘rules under this Act or similar rules under 
any other Act enforced by the Commission’’; and 
(2) by striking ‘‘, at the option of the person re-
quired to certify the product,’’ and inserting ‘‘be re-
quired by the Commission to’’. 
SEC. 103. TRACKING LABELS FOR CHILDREN’S PRODUCTS. 
Section 14(a) (15 U.S.C. 2063(a)) is further amended 
by adding at the end the following: 
‘‘(4) Effective 1 year after the date of enactment 
of the Consumer Product Safety Modernization Act, 
the manufacturer of a children’s product shall, to the 
extent feasible, place distinguishing marks on the 
product and its packaging that will enable the manu-
facturer and the ultimate purchaser to ascertain the 
location and date of production of the product, and 
any other information determined by the manufac-
turer to facilitate ascertaining the specific source of 
the product by reference to those marks.’’. 
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SEC. 104. STANDARDS AND CONSUMER REGISTRATION OF 
DURABLE NURSERY PRODUCTS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Danny Keysar Child Product Safety Notification Act’’. 
(b) SAFETY STANDARDS.— 
(1) IN GENERAL.—The Commission shall— 
(A) in consultation with representatives of 
consumer groups, juvenile product manufactur-
ers, and independent child product engineers and 
experts, examine and assess the effectiveness of 
any voluntary consumer product safety stand-
ards for durable infant or toddler product; and 
(B) in accordance with section 553 of title 
5, United States Code, promulgate consumer 
product safety rules that— 
(i) are substantially the same as such 
voluntary standards; or 
(ii) are more stringent than such vol-
untary standards, if the Commission deter-
mines that more stringent standards would 
further reduce the risk of injury associated 
with such products. 
(2) TIMETABLE
FOR
RULEMAKING.—Not later 
than 1 year after the date of enactment of this Act, 
the Commission shall commence the rulemaking re-
quired under paragraph (1) and shall promulgate 
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rules for no fewer than 2 categories of durable nursery 
products every 6 months thereafter, beginning with 
the product categories that the Commission deter-
mines to be of highest priority, until the Commission 
has promulgated standards for all such product cat-
egories. Thereafter, the Commission shall periodically 
review and revise the rules set forth under this sub-
section to ensure that such rules provide the highest 
level of safety for such products that is feasible. 
(c) CONSUMER REGISTRATION REQUIREMENT.— 
(1) RULEMAKING.—Not later than 1 year after 
the date of enactment of this Act, the Commission 
shall, pursuant to its authority under section 16(b) of 
the Consumer Product Safety Act (15 U.S.C. 
2065(b)), promulgate a final consumer product safety 
rule to require manufacturers of durable infant or 
toddler products— 
(A) to provide consumers with a postage- 
paid consumer registration form with each such 
product; 
(B) to maintain a record of the names, ad-
dresses, email addresses, and other contact infor-
mation of consumers who register their owner-
ship of such products with the manufacturer in 
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under the circumstances, as determined by the Com-
mission, for approval by the Commission,’’; and 
(7) by adding at the end the following: 
‘‘(3)(A) If the Commission approves an action plan, 
it shall indicate its approval in writing. 
‘‘(B) If the Commission finds that an approved action 
plan is not effective or appropriate under the cir-
cumstances, or that the manufacturer, retailer, or dis-
tributor is not executing an approved action plan effec-
tively, the Commission may, by order, amend, or require 
amendment of, the action plan. In determining whether an 
approved plan is effective or appropriate under the cir-
cumstances, the Commission shall consider whether a repair 
or replacement changes the intended functionality of the 
product. 
‘‘(C) If the Commission determines, after notice and 
opportunity for comment, that a manufacturer, retailer, or 
distributor has failed to comply substantially with its obli-
gations under its action plan, the Commission may revoke 
its approval of the action plan.’’. 
(c) CONTENT
OF NOTICE.—Section 15 is further 
amended by adding at the end the following: 
‘‘(i) Not later than 180 days after the date of enact-
ment of this Act, the Commission shall, by rule, establish 
guidelines setting forth a uniform class of information to 
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limitations, as a condition of providing the ma-
terial; 
‘‘(ii) any material reflecting a consumer 
complaint obtained from any other foreign 
source, if that foreign source supplying the mate-
rial has requested confidential treatment as a 
condition of providing the material; or 
‘‘(iii) any material reflecting a consumer 
complaint submitted to a Commission reporting 
mechanism sponsored in part by foreign govern-
ment agencies. 
‘‘(B) Nothing in this subsection shall authorize 
the Commission to withhold information from the 
Congress or prevent the Commission from complying 
with an order of a court of the United States in an 
action commenced by the United States or the Com-
mission. 
‘‘(4) In this subsection, the term ‘foreign government 
agency’ means— 
‘‘(A) any agency or judicial authority of a for-
eign government, including a foreign state, a political 
subdivision of a foreign state, or a multinational or-
ganization constituted by and comprised of foreign 
states, that is vested with law enforcement or inves-
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