datamatters24/research-document-archive huggingface dataset:
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121
HR 4040 EAS
‘‘(A) has shown a persistent pattern of
manufacturing such toys with defects that con-
stitute substantial product hazards (as defined in
section 15(a)(2)); or
‘‘(B) has manufactured such toys that
present a risk of injury to the public of such a
magnitude that the Commission has determined
that a permanent ban on all imports of such toys
manufactured by such company is equitably jus-
tified.’’; and
(2) by adding at the end the following:
‘‘(i) Whenever the Commission makes a determination
described in subsection (a)(7) with respect to a manufac-
turer, the Commission shall submit to the Secretary of
Homeland Security information that appropriately identi-
fies the manufacturer.
‘‘(j) Not later than March 31 of each year, the Commis-
sion shall submit to Congress an annual report identifying,
for the 12-month period preceding the report—
‘‘(1) toys classified under heading 9503, 9504, or
9505 of the Harmonized Tariff Schedule of the United
States that—
‘‘(A) were offered for importation into the
customs territory of the United States; and
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122
HR 4040 EAS
‘‘(B) the Commission found to be in viola-
tion of a consumer product safety standard; and
‘‘(2) the manufacturers, by name and country,
that were the subject of a determination described in
subsection (a)(7)(A) and (B).’’.
SEC. 45. CONSUMER PRODUCT SAFETY STANDARDS USE OF
FORMALDEHYDE IN TEXTILE AND APPAREL
ARTICLES.
(a) STUDY ON USE OF FORMALDEHYDE IN MANUFAC-
TURING OF TEXTILE AND APPAREL ARTICLES.—Not later
than 2 years after the date of the enactment of this Act,
the Consumer Product Safety Commission shall conduct a
study on the use of formaldehyde in the manufacture of tex-
tile and apparel articles, or in any component of such arti-
cles, to identify any risks to consumers caused by the use
of formaldehyde in the manufacturing of such articles, or
components of such articles.
Attest:
Secretary.
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 
children 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-
cluding a label on such product if such 
statement is reasonable. 
(ii) Whether the product is rep-
resented in its packaging, display or adver-
tising 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 young-
er. 
(iv) The Age Determination Guideline 
issued by the Commission in September 
2002, and any successor thereto. 
(5) EXCEPTION
FOR
INACCESSIBLE
COMPO-
NENT
PARTS.—The standards established under 
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paragraph (2) shall not apply to any component of 
a children’s product that is not accessible to a child 
through normal and reasonably foreseeable use and 
abuse of such product, as determined by the Com-
mission. A component part is not accessible under 
this paragraph if such component is not physically 
exposed 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-
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. 
(6) NO EFFECT ON STATE APPLICATION FOR 
EXEMPTION.—Nothing in this subsection affects sec-
tion 18(b)(3) of the Federal Hazardous Substances 
Act 15 U.S.C. 1261(b)(3). 
(b) PAINT STANDARD FOR ALL PRODUCTS.—Not 
later than 30 days after the date of enactment of this Act, 
the Commission shall modify section 1303.1 of title 16, 
Code of Federal Regulations, by substituting ‘‘0.009 per-
cent’’ for ‘‘0.06 percent’’ in subsection (a) of that section. 
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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), by striking ‘‘Every manu-
facturer’’ and inserting ‘‘Except as provided in para-
graph (2), every manufacturer’’; 
(2) by redesignating paragraph (2) as para-
graph (3) and inserting after paragraph (1) the fol-
lowing: 
‘‘(2) Every manufacturer of a children’s prod-
uct (and the private labeler of such children’s prod-
uct if such product bears a private label) which is 
subject to a consumer product safety rule under this 
Act or a similar rule 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; and 
‘‘(B) issue a certification which shall— 
‘‘(i) certify that such product con-
forms to such standards or rules; and 
‘‘(ii) specify the applicable consumer 
product safety standards or other such 
rules.’’; and 
(3) in paragraph (3) (as so redesignated)— 
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HR 4040 PCS
Hazardous Substances Act (15 U.S.C. 1262) is 
amended— 
(A) by striking ‘‘shall be commenced’’ in 
subsection (f) and inserting ‘‘may be com-
menced’’; 
(B) by striking ‘‘in the notice’’ in sub-
section (g)(1) and inserting ‘‘in a notice’’; and 
(C) by striking ‘‘unless, not less than 60 
days after publication of the notice required in 
subsection (f), the’’ in subsection (h) and in-
serting ‘‘unless the’’. 
(4) CONFORMING AMENDMENTS.—The Federal 
Hazardous Substances Act (15 U.S.C. 1261 et seq.) 
is amended— 
(A) by striking subsection (d) of section 2 
and inserting the following: 
‘‘(d) The term ‘Commission’ means the Consumer 
Product Safety Commission.’’; 
(B) by striking ‘‘Secretary’’ each place it 
appears and inserting ‘‘Commission’’ except— 
(i) in section 10(b) (15 U.S.C. 
1269(b)); 
(ii) in section 14 (15 U.S.C. 1273); 
and 
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vice and consent of the Senate, to serve for a term 
of 2 years as Chairperson of the Board and the chief 
executive officer of the Corporation. 
(2) VICE CHAIRPERSON.—One of the 4 mem-
bers of the Board who were not nominated by the 
Governor of Louisiana and the Governor of Mis-
sissippi shall be designated by the President, by and 
with the advice and consent of the Senate, to serve 
for a term of 2 years as Vice Chairperson of the 
Board. 
(3) ACTING CHAIRPERSON.—In the event of a 
vacancy in the position of Chairperson of the Board 
or during the absence or disability of the Chair-
person, the Vice Chairperson shall act as Chair-
person. 
(c) TERM OF OFFICE.— 
(1) IN GENERAL.—Each member of the Board 
shall be appointed to a term of 5 years. 
(2) STAGGERED TERMS.—Of the members first 
appointed to the Board after the date of the enact-
ment of this Act— 
(A) 2 shall be appointed for a term of 5 
years; 
(B) the 4 members who were nominated by 
the Governor of Louisiana and the Governor of 
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(C) by striking ‘‘Secretary’’ each place it 
appears, except in sections 9 and 14, and insert-
ing ‘‘Commission’’; 
(D) by striking ‘‘he’’ and ‘‘his’’ each place 
either term appears in reference to the secretary 
and insert ‘‘it’’ and ‘‘its’’, respectively; 
(E) in section 4(e), by striking paragraph 
(5) and redesignating paragraph (6) as para-
graph (5); 
(F) in section 15, by striking ‘‘Consumer 
Product Safety Commission (hereinafter referred 
to as the ‘Commission’)’’ and inserting ‘‘Com-
mission’’; 
(G) by striking section 16(d) and inserting 
the following: 
‘‘(d) In this section, a reference to a flammability 
standard or other regulation for a fabric, related materials, 
or product in effect under this Act includes a standard of 
flammability continued in effect by section 11 of the Act 
of December 14, 1967 (Public Law 90–189).’’; and 
(H) in section 17, by striking ‘‘Consumer 
Product Safety Commission’’ and inserting 
‘‘Commission’’. 
SEC. 205. PUBLIC DISCLOSURE OF INFORMATION. 
Section 6(b) (15 U.S.C. 2055(b)) is amended— 
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‘‘(A) any agency or judicial authority of a for-
eign government, including a foreign state, a polit-
ical subdivision of a foreign state, or a multinational 
organization constituted by and comprised of foreign 
states, that is vested with law enforcement or inves-
tigative authority in civil, criminal, or administrative 
matters; and 
‘‘(B) any multinational organization, to the ex-
tent that it is acting on behalf of an entity described 
in subparagraph (A).’’. 
Æ 
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1083 
(4) The owner or mortgagor of the transferring 
project shall notify and consult with the tenants re-
siding in the transferring project and provide a cer-
tification of approval by all appropriate local govern-
mental officials. 
(5) The tenants of the transferring project who 
remain eligible for assistance to be provided by the 
receiving project or projects shall not be required to 
vacate their units in the transferring project or 
projects until new units in the receiving project are 
available for occupancy. 
(6) The Secretary determines that this transfer 
is in the best interest of the tenants. 
(7) If either the transferring project or the re-
ceiving project or projects meets the condition speci-
fied in subsection (c)(2)(A), any lien on the receiving 
project resulting from additional financing obtained 
by the owner shall be subordinate to any FHA-in-
sured mortgage lien transferred to, or placed on, 
such project by the Secretary. 
(8) If the transferring project meets the re-
quirements of subsection (c)(2)(E), the owner or 
mortgagor of the receiving project or projects shall 
execute and record either a continuation of the exist-
ing use agreement or a new use agreement for the 
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1084 
project where, in either case, any use restrictions in 
such agreement are of no lesser duration than the 
existing use restrictions. 
(9) Any financial risk to the FHA General and 
Special Risk Insurance Fund, as determined by the 
Secretary, would be reduced as a result of a transfer 
completed under this section. 
(10) The Secretary determines that Federal li-
ability with regard to this project will not be in-
creased. 
(c) For purposes of this section— 
(1) the terms ‘‘low-income’’ and ‘‘very low-in-
come’’ shall have the meanings provided by the stat-
ute and/or regulations governing the program under 
which the project is insured or assisted; 
(2) the term ‘‘multifamily housing project’’ 
means housing that meets one of the following con-
ditions— 
(A) housing that is subject to a mortgage 
insured under the National Housing Act; 
(B) housing that has project-based assist-
ance attached to the structure including 
projects undergoing mark to market debt re-
structuring under the Multifamily Assisted 
Housing Reform and Affordability Housing Act; 
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(2) in subsection (f)— 
(A) by striking ‘‘An order’’ and inserting 
‘‘(1) Except as provided in paragraph (2), an 
order’’; and 
(B) by inserting at the end the following: 
‘‘(2) The requirement for a hearing in paragraph 
(1) shall not apply to an order issued under sub-
section (c) relating to an imminently hazardous con-
sumer product with regard to which the Commission 
has filed an action under section 12.’’. 
(b) CORRECTIVE ACTION PLANS.—Section 15(d) (15 
U.S.C. 2064(d)) is amended— 
(1) by inserting ‘‘(1)’’ after the subsection des-
ignation; 
(2) by redesignating paragraphs (1), (2), and (3) 
as subparagraphs (A), (B), and (C); 
(3) by striking ‘‘more (A)’’ in subparagraph (C), 
as redesignated, and inserting ‘‘more (i)’’; 
(4) by striking ‘‘or (B)’’ in subparagraph (C), as 
redesignated, and inserting ‘‘or (ii)’’; 
(5) by striking ‘‘An order under this subsection 
may’’ and inserting: 
‘‘(2) An order under this subsection shall’’; 
(6) by striking ‘‘, satisfactory to the Commis-
sion,’’ and inserting ‘‘, as promptly as practicable 
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Mississippi shall be appointed for a term of 3 
years; and 
(C) 2 shall be appointed for a term of 2 
years. 
(3) INTERIM APPOINTMENTS.—Any member ap-
pointed to fill a vacancy occurring before the expira-
tion of the term for which such member’s prede-
cessor was appointed shall be appointed only for the 
remainder of such term. 
(4) CONTINUATION OF SERVICE.—The Chair-
person, Vice Chairperson, and each appointed mem-
ber may continue to serve after the expiration of the 
term of office to which such member was appointed 
until a successor has been appointed and qualified. 
(5) REMOVAL FOR CAUSE.—The Chairperson, 
Vice Chairperson, and any appointed member may 
be removed by the President for cause. 
(6) FULL-TIME SERVICE.—The members of the 
Board shall serve on a full-time basis. 
(d) VACANCY.—Any vacancy on the Board shall be 
filled in the manner in which the original appointment was 
made, provided: 
(1) Any member appointed to fill a vacancy in 
the Board occurring prior to the expiration of the 
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term for which his predecessor was appointed shall 
be appointed for the remainder of such term. 
(2) Vacancies in the Board so long as there 
shall be three members in office shall not impair the 
powers of the Board to execute the functions of the 
Corporation, and three of the members in office 
shall constitute a quorum for the transaction of the 
business of the Board. 
(e) INELIGIBILITY FOR OTHER OFFICES.— 
(1) OTHER GOVERNMENT POSITIONS.—No per-
son may serve as a member of the Board while hold-
ing any position as an officer or employee of the 
Federal Government, any State government, or any 
political subdivision of any State. 
(2) RESTRICTION DURING SERVICE.—No mem-
ber of the Board may— 
(A) be an officer or director of any insured 
depository institution, insured credit union, de-
pository institution holding company, Federal 
reserve bank, Federal home loan bank, invest-
ment bank, mortgage bank, or any other entity 
which enters into any contract with the Cor-
poration; or 
(B) hold stock in any insured depository 
institution, depository institution holding com-
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Union Calendar No. 306 
110TH CONGRESS 
1ST SESSION 
H. R. 4040 
[Report No. 110–501] 
A BILL 
To establish consumer product safety standards 
and other safety requirements for children’s 
products and to reauthorize and modernize the 
Consumer Product Safety Commission. 
DECEMBER 19, 2007 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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1085 
(C) housing that is assisted under section 
202 of the Housing Act of 1959 as amended by 
section 801 of the Cranston-Gonzales National 
Affordable Housing Act; 
(D) housing that is assisted under section 
202 of the Housing Act of 1959, as such sec-
tion existed before the enactment of the Cran-
ston-Gonzales National Affordable Housing Act; 
or 
(E) housing or vacant land that is subject 
to a use agreement; 
(3) 
the 
term 
‘‘project-based 
assistance’’ 
means— 
(A) assistance provided under section 8(b) 
of the United States Housing Act of 1937; 
(B) assistance for housing constructed or 
substantially rehabilitated pursuant to assist-
ance provided under section 8(b)(2) of such Act 
(as such section existed immediately before Oc-
tober 1, 1983); 
(C) rent supplement payments under sec-
tion 101 of the Housing and Urban Develop-
ment Act of 1965; 
(D) interest reduction payments under sec-
tion 236 and/or additional assistance payments 
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1086 
under section 236(f)(2) of the National Hous-
ing Act; and 
(E) assistance payments made under sec-
tion 202(c)(2) of the Housing Act of 1959; 
(4) the term ‘‘receiving project or projects’’ 
means the multifamily housing project or projects to 
which some or all of the project-based assistance, 
debt, and statutorily required use low-income and 
very low-income restrictions are to be transferred; 
(5) the term ‘‘transferring project’’ means the 
multifamily housing project which is transferring 
some or all of the project-based assistance, debt and 
the statutorily required low-income and very low-in-
come use restrictions to the receiving project or 
projects; and 
(6) the term ‘‘Secretary’’ means the Secretary 
of Housing and Urban Development. 
SEC. 214. The funds made available for Native Alas-
kans under the heading ‘‘Native American Housing Block 
Grants’’ in title III of this Act shall be allocated to the 
same Native Alaskan housing block grant recipients that 
received funds in fiscal year 2005. 
SEC. 215. No funds provided under this title may be 
used for an audit of the Government National Mortgage 
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I 
110TH CONGRESS 
1ST SESSION H. R. 4043 
To amend the Financial Institutions Reform, Recovery, and Enforcement 
Act of 1989 to preserve and expand minority depository institutions, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 1, 2007 
Mr. WATT (for himself, Mr. GARY G. MILLER of California, Mr. FRANK of 
Massachusetts, Mr. GUTIERREZ, Mr. CLEAVER, Mr. CAPUANO, Mrs. 
MCCARTHY of New York, Ms. CARSON, Mr. MEEKS of New York, Mr. 
CLAY, Mr. AL GREEN of Texas, Ms. MOORE of Wisconsin, and Mr. 
ELLISON) introduced the following bill; which was referred to the Com-
mittee on Financial Services 
A BILL 
To amend the Financial Institutions Reform, Recovery, and 
Enforcement Act of 1989 to preserve and expand minor-
ity depository institutions, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preserving and Ex-
panding Minority Depository Institutions Act’’. 
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SEC. 2. PRESERVING AND EXPANDING MINORITY DEPOSI-
TORY INSTITUTIONS. 
(a) IN GENERAL.—Section 308(a) of the Financial 
Institutions Reform, Recovery, and Enforcement Act of 
1989 (12 U.S.C. 1463(a) nt.) is amended— 
(1) by inserting ‘‘the Chairman of the Board of 
Governors of the Federal Reserve System, the 
Comptroller of the Currency’’ after ‘‘consult with’’; 
and 
(2) by inserting a comma after ‘‘Thrift Super-
vision’’. 
(b) REPORT.—Section 308 of the Financial Institu-
tions Reform, Recovery, and Enforcement Act of 1989 (12 
U.S.C. 1463 nt.) is amended by adding at the end the 
following new subsection: 
‘‘(c) REPORTS.—The Secretary of the Treasury, the 
Chairman of the Board of Governors of the Federal Re-
serve System, the Comptroller of the Currency, the Direc-
tor of the Office of Thrift Supervision, and the Chair-
person of the Federal Deposit Insurance Corporation shall 
each submit an annual report to the Congress containing 
a description of actions taken to carry out this section’’. 
(c) TECHNICAL AND CONFORMING AMENDMENT.— 
Effective upon the enactment of subsection (b), section 
3(g)(2) of the Home Owners’ Loan Act (12 U.S.C. 
1462a(g)(2)) is amended to read as follows: 
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‘‘(2) [Repealed].’’. 
Æ 
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IIB 
110TH CONGRESS 
1ST SESSION H. R. 4043 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 6, 2007 
Received; read twice and referred to the Committee on Banking, Housing, and 
Urban Affairs 
AN ACT 
To amend the Financial Institutions Reform, Recovery, and 
Enforcement Act of 1989 to preserve and expand minor-
ity depository institutions, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Aug 31 2005 
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HR 4043 RFS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preserving and Ex-
panding Minority Depository Institutions Act’’. 
SEC. 2. PRESERVING AND EXPANDING MINORITY DEPOSI-
TORY INSTITUTIONS. 
(a) IN GENERAL.—Section 308(a) of the Financial 
Institutions Reform, Recovery, and Enforcement Act of 
1989 (12 U.S.C. 1463(a) note) is amended— 
(1) by inserting ‘‘the Chairman of the Board of 
Governors of the Federal Reserve System, the 
Comptroller of the Currency’’ after ‘‘consult with’’; 
and 
(2) by inserting a comma after ‘‘Thrift Super-
vision’’. 
(b) REPORT.—Section 308 of the Financial Institu-
tions Reform, Recovery, and Enforcement Act of 1989 (12 
U.S.C. 1463 note) is amended by adding at the end the 
following new subsection: 
‘‘(c) REPORTS.—The Secretary of the Treasury, the 
Chairman of the Board of Governors of the Federal Re-
serve System, the Comptroller of the Currency, the Direc-
tor of the Office of Thrift Supervision, and the Chair-
person of the Federal Deposit Insurance Corporation shall 
each submit an annual report to the Congress containing 
a description of actions taken to carry out this section.’’. 
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HR 4043 RFS
(c) TECHNICAL AND CONFORMING AMENDMENT.— 
Effective upon the enactment of subsection (b), section 
3(g)(2) of the Home Owners’ Loan Act (12 U.S.C. 
1462a(g)(2)) is amended to read as follows: 
‘‘(2) [Repealed].’’. 
Passed the House of Representatives December 5, 
2007. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
VerDate Aug 31 2005 
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