SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) Unintentional injuries are the leading cause 
of death among children, and for every such injury 
that is fatal, approximately 18 children are hospital-
ized and 233 are treated by emergency departments 
for such injuries that are nonfatal. 
(2) According to the Consumer Product Safety 
Commission, an average of 65 children under the 
age of 5 die each year in incidents associated with 
nursery products, and about 27 of these deaths each 
year are associated with cribs. 
(3) In 2001, an estimated 69,500 children 
under the age of 5 were treated in United States 
hospital emergency rooms for injuries associated 
with nursery products, and there were 13,070 inju-
ries to children under the age of 5 years associated 
with strollers alone. 
(4) Of the 210 recalls issued by the Consumer 
Product Safety Commission in 2002, 90 (or 43 per-
cent) were children’s products. Children’s products 
were recalled, on average, nearly 2 times per week, 
and accounted for over 11,000,000 individual units. 
SEC. 3. PURPOSE. 
The purpose of this Act is to prevent dangerous chil-
dren’s products from getting to the market, by requiring
independent testing of all durable infant and toddler prod-
ucts before they enter commerce.
SEC. 4. DEFINITIONS. 
In this Act: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Consumer Product Safety Commission. 
(2) DURABLE
INFANT
OR
TODDLER
PROD-
UCT.—The term ‘‘durable infant or toddler prod-
uct’’—
(A) means a durable product intended for 
use, or that may be reasonably expected to be 
used, by children under the age of 5 years; and 
(B) includes—
(i) full-size cribs and nonfull-size 
cribs; 
(ii) toddler beds; 
(iii) car seats; 
(iv) high chairs, booster chairs, and 
hook-on chair; 
(v) bath seats; 
(vi) gates and other enclosures for 
confining a child; 
(vii) play yards; 
(viii) stationary activity centers; 
(ix) child carriers;
(x) strollers; 
(xi) walkers; 
(xii) swings; and 
(xiii) bassinets and cradles. 
(3) PANEL.—The term ‘‘Panel’’ means the In-
fant and Toddler Product Review Panel established 
under section 7. 
SEC. 5. CONSUMER PRODUCT SAFETY STANDARDS FOR DU-
RABLE INFANT AND TODDLER PRODUCTS. 
(a) IN GENERAL.—The Consumer Products Safety 
Commission shall, without regard to sections 7(b)(1) and 
9(f)(3)(D) of the Consumer Product Safety Act (15 
U.S.C. 2056(b)(1), 2058(f)(3)(D)), promulgate a con-
sumer product safety standard under section 7(a) of the 
Consumer Product Safety Act (15 U.S.C. 2056(a)) for 
each durable infant or toddler product. 
(b) SCHEDULE.—The Commission shall promulgate 
consumer product safety standards under this section—
(1) for at least 7 durable infant or toddler 
products every 2 calendar years beginning after the 
date of the enactment of this Act, through 2010; 
and 
(2) for all durable infant or toddler products by 
not later than December 31, 2010.
(c) CONSULTATION WITH PANEL.—The Commission 
shall promulgate any consumer product safety standard 
under this section for a durable infant or toddler prod-
uct—
(1) in consultation with the Panel; and 
(2) after considering the results of a review by 
such panel of any existing guidelines for that prod-
uct. 
SEC. 6. DURABLE INFANT AND TODDLER PRODUCT COM-
PLIANCE CERTIFICATION. 
(a) IN GENERAL.—The Commission shall by rule—
(1) require that testing and certification re-
quired under section 14 of the Consumer Product 
Safety Act (15 U.S.C. 2063) for a durable infant or 
toddler product shall be performed by an inde-
pendent third party; and 
(2) require the use, and prescribe the form and 
content, of a label under section 14(c) for such prod-
ucts for which such a certificate is issued, including 
a seal prescribed under subsection (b). 
(b) CONSULTATION WITH PANEL.—The Commission 
shall delegate to the Panel the authority to prescribe a 
seal that shall be used, under the labeling requirements 
under subsection (a)(2), for infant or toddler products 
that are certified pursuant to section 14(a) of the Con-
sumer Product Safety Act (15 U.S.C. 2063(a)(2)) to com-
ply with applicable consumer product safety standards 
promulgated under this Act. 
SEC. 7. INFANT AND TODDLER PRODUCT REVIEW PANEL. 
(a) ESTABLISHMENT.—The Commission shall estab-
lish an Infant and Toddler Product Review Panel to advise 
the Commission regarding the implementation of this Act. 
(b) FUNCTIONS.—The Panel shall—
(1) review and report to the Commission re-
garding the existing guidelines for durable infant or 
toddler products; and 
(2) advise the Commission regarding the pro-
mulgation of consumer product safety standards 
under this Act. 
(c) MEMBERSHIP.—
(1) IN
GENERAL.—The Panel shall be com-
prised of—
(A) representatives of—
(i) the juvenile product manufacturers 
industry; 
(ii) consumer groups; and 
(iii) independent child product engi-
neers and experts; and 
(B) Consumer Product Safety Commission 
engineers.
(2) LIMITATION.—Representatives under para-
graph (1)(A)(i) shall not exceed 40 percent of the 
membership of the Panel.
SEC. 8. AMENDMENTS TO CONSUMER PRODUCT SAFETY 
ACT. 
(a) REMOVAL OF LIMITATION ON MAXIMUM CIVIL 
PENALTY.—Section 20(a) of the Consumer Product Safe-
ty Act (15 U.S.C. 2069(a)) is amended—
(1) in the second sentence by striking ‘‘Subject 
to paragraph (2),’’ and inserting ‘‘Subject to para-
graphs (2) and (3),’’; and 
(2) by adding at the end the following: 
‘‘(4) The second sentence of paragraph (1) shall not 
apply to any violation with respect to a durable infant or 
toddler product.’’. 
(b) REQUIREMENTS REGARDING DISCLOSURE OF IN-
FORMATION NOT APPLICABLE.—Section 6(b) of the Con-
sumer Product Safety Act (15 U.S.C. 2055(b)) is amend-
ed by adding at the end the following: 
‘‘(9) This subsection shall not apply with respect to 
any durable infant or toddler product.’’. 
(c) DEFINITION OF DURABLE INFANT OR TODDLER 
PRODUCT.—Section 3(a) of the Consumer Product Safety 
Act (15 U.S.C. 2052(a)) is amended by adding at the end 
the following: