Consumer Product Safety Improvement Act of 1990
PL 101-608 (S.605), enacted 11/16/1990

104 STAT. 3110 
PUBLIC LAW 101-608—NOV. 16, 1990 
Public Law 101-608 
101st Congress 
An Act 
Nov. 16, 1990 
[S. 605] 
Consumer 
Product Safety 
Improvement 
Act of 1990. 
15 u s e 2051 
note. 
To authorize appropriations for the Consumer Product Safety Commission, and for 
other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE, 
This Act may be cited as the "Consumer Product Safety Improve-
ment Act of 1990". 
TITLE I—AMENDMENTS TO ACTS 
SEC. 101. REFERENCE. 
Except as otherwise specifically provided, whenever in this title 
an amendment or repeal is expressed in terms of an amendment to, 
or repeal of, 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. 
SEC. 102. QUALIFICATIONS OF MEMBERS OF THE COMMISSION. 
Section 4(a) (15 U.S.C. 2053(a)) is amended by inserting imme-
diately after the first sentence the following: "In making such 
appointments, the President shall consider individuals who, by 
reason of their background and expertise in areas related to 
consumer products and protection of the public from risks to safety, 
are qualified to serve as members of the Commission.". 
SEC. 103. QUORUM ON COMMISSION. 
The first sentence of section 4(d) (15 U.S.C. 2053(d)) is amended by 
inserting before the period a comma and the following: "except that 
if there are only three members serving on the Commission because 
of vacancies in the Commission, two members of the Commission 
shall constitute a quorum for the transaction of business, and if 
there are only two members serving on the Commission because of 
vacancies in the Commission, two members shall constitute a 
quorum for the six month period beginning on the date of the 
vacancy which caused the number of Commission members to 
decline to two", 
SEC. 
1
0
4
. 
APPOINTMENT 
OF 
CERTAIN 
PERSONNEL, 
Section 4(g)(1) (15 U.S.C. 2053(g)(1)) is amended to read as follows: 
"(g)(1)(A) The Chairman, subject to the approval of the Commis-
sion, shall appoint as officers of the Commission an Executive 
Director, a General Counsel, an Associate Executive Director for 
Engineering Sciences, an Associate Executive Director for Epi-
demiology, an Associate Executive Director for Compliance and 
Administrative Litigation, an Associate Executive Director for 
Health Sciences, an Associate Executive Director for Economic 
Analysis, an Associate Executive Director for Administration, an 
PUBLIC LAW 101-608—NOV. 16, 1990 
104 STAT. 3111 
Associate Executive Director for Field Operations, a Director for 
Office of Program, Management, and Budget, and a Director for 
Office of Information and Public Affairs. Any other individual 
appointed to a position designated as an Associate Executive Direc-
tor shall be appointed by the Chairman, subject to the approval of 
the Commission. The Chairman may only appoint an attorney to the 
position of Associate Executive Director of Compliance and Adminis-
trative Litigation except the position of acting Associate Executive 
Director of Compliance and Administrative Litigation. 
"(B)(i) No individual may be appointed to such a position on an 
acting basis for a period longer than 90 days unless such appoint-
ment is approved by the Commission. 
"(ii) The Chairman, with the approval of the Commission, may 
remove any individual serving in a position appointed under 
subparagraph (A). 
"(C) Subparagraph (A) shall not be construed to prohibit appro-
priate reorganizations or changes in classification.". 
SEC. 105. PRIORITIES. 
(a) AMENDMENT.—Section 4 (15 U.S.C. 2053) is amended by adding 
at the end the following: 
"(j) At least 30 days before the beginning of each fiscal year, the 
Commission shall establish an agenda for Commission action under 
the Acts under its jurisdiction and, to the extent feasible, shall 
establish priorities for such actions. Before establishing such agenda Administrative 
and priorities, the Commission shall conduct a public hearing on the procedure" 
agenda and priorities and shall provide reasonable opportunity for 
the submission of comments.". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 15USC2053 
shall apply with respect to fiscal years which begin more than 180 note, 
days after the date of the enactment of this Act. 
SEC. 106. DISCLOSURE TO CONTRACTORS. 
Paragraph (8) of section 6(a) (15 U.S.C. 2055(a)) is amended to read 
as follows: 
"(8) The provisions of paragraphs (2) through (6) shall not prohibit 
the disclosure of information to other officers, employees, or rep-
resentatives of the Commission (including contractors) concerned 
with carrying out this Act or when relevant in any administrative 
proceeding under this Act or in judicial proceedings to which the 
Commission is a party. Any disclosure of relevant information— 
"(A) in Commission administrative proceedings or in judicial 
proceedings to which the Commission is a party, or 
"(B) to representatives of the Commission (including contrac-
tors), 
shall be governed by the rules of the Commission (including in 
camera review rules for confidential material) for such proceedings 
or for disclosures to such representatives or by court rules or orders, 
except that the rules of the Commission shall not be amended in a 
manner inconsistent with the purposes of this section.". 
SEC. 107. MONITORING COMPLIANCE. 
(a) CONSUMER PRODUCT SAFETY ACT.—Section 7(b) (15 U.S.C. 
2056(b)) is amended— 
(1) by inserting "(1)" after "(b)", and 
(2) by adding at tlxe end the following: 
104 STAT. 3112 
PUBLIC LAW 101-608-NOV. 16, 1990 
"(2) The Commission shall devise procedures to monitor compli-
ance with any voluntary standards— 
"(A) upon which the Commission has relied under paragraph 
(1); 
"(B) which were developed with the participation of the 
Commission; or 
"(C) whose development the Commission has monitored,". 
(b) FEDERAL HAZARDOUS SUBSTANCES ACT.—Section 3(g) of the 
Federal Hazardous Substances Act (15 U.S.C. 1262(g)) is amended by 
adding at the end the following: 
"(3) The Commission shall devise procedures to monitor compli-
ance with any voluntary standards— 
"(A) upon which the Commission has relied under paragraph 
(2) of this subsection; 
"(B) which were developed with the participation of the 
Commission; or 
"(C) whose development the Commission has monitored.". 
(c) FLAMMABLE FABRICS ACT.—Section 4(h) of the Flammable Fab-
rics Act (15 U.S.C. 1193(h)) is amended by adding at the end the 
following: 
"(3) The Commission shall devise procedures to monitor compli-
ance with any voluntary standards— 
"(A) upon which the Commission has relied under paragraph 
(2) of this subsection; 
"(B) which were developed with the participation of the 
Commission; or 
"(C) whose development the Commission has monitored.". 
Administrative 
SEC. 108. VOLUNTARY STANDARDS. 
procedure. 
(a) CONSUMER PRODUCT SAFETY AcT.—Section 9(b)(2) (15 U.S.C. 
2058(b)(2)) is amended by striking out the period and inserting the 
following: ", except that the Commission shall terminate any such 
proceeding and rely on a voluntary standard only if such voluntary 
standard is in existence. For purposes of this section, a voluntary 
standard shall be considered to be in existence when it is finally 
approved by the organization or other person which developed such 
standard, irrespective of the effective date of the standard. Before 
relying upon any voluntary consumer product safety standard, the 
Commission shall afford interested persons (including manufactur-
ers, consumers, and consumer organizations) a reasonable oppor-
tunity to submit written comments regarding such standard. The 
Commission shall consider such comments in making any deter-
mination regarding reliance on the involved voluntary standard 
under this subsection.". 
(b) FEDERAL HAZARDOUS SUBSTANCES ACT.—Section 3(g)(2) of the 
Federal Hazardous Substances Act (15 U.S.C. 1262(g)(2)) is amended 
by striking out the period and inserting the following: ", except that 
the Commission shall terminate any such proceeding and rely on a 
voluntary standard only if such voluntary standard is in existence. 
For purposes of this section, a voluntary standard shall be consid-
ered to be in existence when it is finally approved by the organiza-
tion or other person which developed such standard, irrespective of 
the effective date of the standard. Before relying upon any vol-
untary standard, the Commission shall afford interested persons 
(including manufacturers, consumers, and consumer organizations) 
a reasonable opportunity to submit written comments regarding 
such standard. The Commission shall consider such comments in 
PUBLIC LAW 101-608—NOV. 16, 1990 
104 STAT. 3113 
making any determination regarding reliance on the involved vol-
untary standard under this subsection.". 
(c) FLAMMABLE FABRICS ACT.—Section 4(h)(2) of the Flammable 
Fabrics Act (15 U.S.C. 1193(h)(2)) is amended by striking out the 
period and inserting the following: ", except that the Commission 
shall terminate any such proceeding and rely on a voluntary stand-
ard only if such voluntary standard is in existence. For purposes of 
this section, a voluntary standard shall be considered to be in 
existence when it is finally approved by the organization or other 
person which developed such standard, irrespective of the effective 
date of the standard. Before relying upon any voluntary standard, 
the Commission shall afford interested persons (including manufac-
turers, consumers, and consumer organizations) a reasonable oppor-
tunity to submit written comments regarding such standard. The 
Commission shall consider such comments in making any deter-
mination regarding reliance on the involved voluntary standard 
under this subsection.". 
SEC. 109. PROPOSED RULES. 
Section 9(c) (15 U.S.C. 2058(c)) is amended by adding at the end the 
following: "Any proposed consumer product safety rule shall be 
issued within twelve months after the date of publication of an 
advance notice of proposed rulemaking under subsection (a) relating 
to the product involved, unless the Commission determines that 
such proposed rule is not reasonably necessary to eliminate or 
reduce the risk of injury associated with the product or is not in the 
public interest. The Commission may extend the twelve-month 
period for good cause. If the Commission extends such period, it 
shall immediately transmit notice of such extension to the Commit-
tee on Commerce, Science, and Transportation of the Senate and the 
Committee on Energy and Commerce of the House of Representa-
tives. Such notice shall include an explanation of the reasons for 
such extension, together with an estimate of the date by which the 
Commission anticipates such rulemaking will be completed. The 
Federal 
Commission shall publish notice of such extension and the informa- 
^sister, 
tion submitted to the Congress in the Federal Register.". 
publication. 
SEC. 110. PETITIONS AND VOLUNTARY STANDARDS. 
(a) CONSUMER PRODUCT SAFETY ACT.—Section 9 (15 U.S.C. 2058) is 
amended by adding at the end the following: 
"(i) The Commission shall grant, in whole or in part, or deny any 
petition under section 553(e) of title 5, United States Code, request-
ing the Commission to initiate a rulemaking, within a reasonable 
time after the date on which such petition is filed. The Commission 
shall state the reasons for granting or denying such petition. The 
Commission may not deny any such petition on the basis of a 
voluntary standard unless the voluntary standard is in existence at 
the time of the denial of the petition, the Commission has deter-
mined that the voluntary standard is likely to result in the elimi-
nation or adequate reduction of the risk of injury identified in the 
petition, and it is likely that there will be substantial compliance 
with the standard.". 
(b) FEDERAL HAZARDOUS SUBSTANCES ACT.—Section 3 of the Fed-
eral Hazardous Substances Act (15 U.S.C. 1262) is amended by 
adding at the end the following: 
"(j) The Commission shall grant, in whole or in part, or deny any 
petition under section 553(e) of title 5, United States Code, request-
104 STAT. 3114 
PUBLIC LAW 101-608—NOV. 16, 1990 
ing the Commission to initiate a rulemaking, within a reasonable 
time after the date on which such petition is filed. The Commission 
shall state the reasons for granting or denying such petition. The 
Commission may not deny any such petition on the basis of a 
voluntary standard unless the voluntary standard is in existence at 
the time of the denial of the petition, the Commission has deter-
mined that the voluntary standard is likely to result in the elimi-
nation or adequate reduction of the risk of injury identified in the 
petition, and it is likely that there will be substantial compliance 
with the standard.". 
(c) FLAMMABLE FABRICS ACT.—Section 4 of the Flammable Fabrics 
Act (15 U.S.C. 1193) is amended by adding at the end the following: 
"(k) The Commission shall grant, in whole or in part, or deny any 
petition under section 553(e) of title 5, United States Code, request-
ing the Commission to initiate a rulemaking, within a reasonable 
time after the date on which such petition is filed. The Commission 
shall state the reasons for granting or denying such petition. The 
Commission may not deny any such petition on the basis of a 
voluntary standard unless the voluntary standard is in existence at 
the time of the denial of the petition, the Commission has deter-
mined that the voluntary standard is likely to result in the elimi-
nation or adequate reduction of the risk of injury identified in the 
petition, and it is likely that there will be substantial compliance 
with the standard.". 
SEC. 111. COST-BENEFIT ANALYSIS. 
(a) CONSUMER PRODUCT SAFETY ACT.— 
(1) Section 12 (15 U.S.C. 2061) is amended by adding at the end 
the following: 
"(g) Nothing in this section shall be construed to require the 
Commission, in determining whether to bring an action against a 
consumer product or a person under this section, to prepare a 
comparison of the costs that would be incurred in complying with 
the relief that may be ordered in such action with the benefits to the 
public from such relief.". 
(2) Section 15 (15 U.S.C. 2064) is amended by adding at the end 
the following: 
"(h) Nothing in this section shall be construed to require the 
Commission, in determining that a product distributed in commerce 
presents a substantial product hazard and that notification or other 
action under this section should be taken, to prepare a comparison 
of the costs that would be incurred in providing notification or 
taking other action under this section with the benefits from such 
notification or action.". 
(b) FEDERAL HAZARDOUS SUBSTANCES ACT.—Section 15 of the Fed-
eral Hazardous Substances Act (15 U.S.C. 1274) is amended by 
adding at the end the following: 
"(g) Nothing in this section shall be construed to require the 
Commission, in determining that an article or substance distributed 
in commerce presents a substantial product hazard and that 
notification or other action under this section should be taken, to 
prepare a comparison of the costs that would be incurred in provid-
ing notification or taking other action under this section with the 
benefits from such notification or action.". 
PUBLIC LAW 101-608—NOV. 16, 1990 
104 STAT. 3115 
SEC. 112. INFORMATION REPORTING TO CONSUMER PRODUCT SAFETY 
COMMISSION. 
(a) SECTION 15(b) REPORTING.—Section 15(b) (15 U.S.C. 2064(b)) is 
amended— 
(1) in paragraph (1), by striking "; or" and inserting in lieu 
thereof "or with a voluntary consumer product safety standard 
upon which the Commission has relied under section 9;"; 
(2) in paragraph (2), by striking the comma and inserting in 
lieu thereof "; or'; 
(3) by inserting immediately after paragraph (2) the following: 
"(3) creates an unreasonable risk of serious injury or death,"; 
(4) by striking "comply or of such defect," and inserting in 
lieu thereof "comply, of such defect, or of such risk,"; and 
(5) by striking "defect or failure to comply." and inserting in 
lieu thereof "defect, failure to comply, or such risk.". 
(b) INFORMATION REPORTING.—The Consumer Product Safety Act 
is amended by adding at the end the following new section: 
"INFORMATION REPORTING 
"SEC. 37. (a) If a particular model of a consumer product is the Manufacturing, 
subject of at least 3 civil actions that have been filed in Federal or ^^ ^ ^ ^^^'*-
State court for death or grievous bodily injury which in each of the 
24-month periods defined in subsection (b) result in either a final 
settlement involving the manufacturer or a court judgment in favor 
of the plaintiff, the manufacturer of such product shall, in accord-
ance with subsection (c), report to the Commission each such civil 
action within 30 days after the final settlement or court judgment in 
the third of such civil actions, and, within 30 days after any subse-
quent settlement or judgment in that 24-month period, any other 
such action. 
"(b) The 24-month periods referred to in subsection (a) are the 24-
month period commencing on January 1, 1991, and subsequent 
24-month periods beginning on January 1 of the calendar year that 
is two years following the beginning of the previous 24-month 
period. 
"(c)(1) The information required by subsection (a) to be reported to 
the (Dommission, with respect to each civil action described in 
subsection (a), shall include and in addition to any voluntary 
information provided under paragraph (2) shall be limited to the 
following: 
"(A) The name and address of the manufacturer. 
"(B) The model and model number or designation of the 
consumer product subject to the civil action. 
"(C) A statement as to whether the civil action alleged death 
or grievous bodily injury, and in the case of an allegation of 
grievous bodily injury, a statement of the category of such 
injury. 
"(D) A statement as to whether the civil action resulted in a 
final settlement or a judgment in favor of the plaintiff. 
"(E) in the case of a judgment in favor of the plaintiff, the 
name of the civil action, the number assigned the civil action, 
and the court in which the civil action was filed. 
"(2) A manufacturer furnishing the report required by paragraph 
(1) may include (A) a statement as to whether any judgment in favor 
of the plaintiff is under appeal or is expected to be appealed or (B) 
any other information which the manufacturer chooses to provide. 
104 STAT. 3116 
PUBLIC LAW 101-608—NOV. 16, 1990 
Confidential 
business 
information. 
Records. 
A manufacturer reporting to the Commission under subsection (a) 
need not admit or may specifically deny that the information it 
submits reasonably supports the conclusion that its consumer 
product caused a death or grievous bodily injury. 
"(3) No statement of the amount paid by the manufacturer in a 
final settlement shall be required as part of the report furnished 
under subsection (a), nor shall such a statement of settlement 
amount be required under any other section of this Act. 
"(d) The reporting of a civil action described in subsection (a) by a 
manufacturer shall not constitute an admission of— 
"(1) an unreasonable risk of injury, 
"(2) a defect in the consumer product which was the subject of 
such action, 
"(3) a substantial product hazard, 
"(4) an imminent hazard, or 
"(5) any other admission of liability under any statute or 
under any common law.". 
"(e) For purposes of this section: 
"(1) A grievous bodily injury includes any of the following 
categories of injury: mutilation, amputation, dismemberment, 
disfigurement, loss of important bodily functions, debilitating 
internal disorder, severe burn, severe electric shock, and in-
juries likely to require extended hospitalization. 
"(2) For purposes of this section, a particular model of a 
consumer product is one that is distinctive in functional design, 
construction, warnings or instructions related to safety, func-
tion, user population, or other characteristics which could affect 
the product's safety related performance.". 
(c) Section 6 (15 U.S.C. 2055) is amended by adding at the end the 
following: 
"(e)(1) Notwithstanding the provisions of section 552 of title 5, 
United States Code, subsection (a)(7) of this section, or of any other 
law, except as provided in paragraphs (2), (3), and (4), no member of 
the Commission, no officer or employee of the Commission, and no 
officer or employee of the Department of Justice may— 
"(A) publicly disclose information furnished under subsection 
(c)(1) or (c)(2)(A) of section 37; 
"(B) use such information for any purpose other than to carry 
out the Commission's responsibilities; or 
"(C) permit anyone (other than the members, officers, and 
employees of the Commission or officers or employees of the 
Department of Justice who require such information for an 
action filed on behalf of the Commission) to examine such 
information. 
"(2) Any report furnished under subsection (c)(1) or (cX2)(A) of 
section 37 shall be immune from legal process and shall not be 
subject to subpoena or other discovery in any civil action in a State 
or Federal court or in any administrative proceeding, except in an 
action against such manufacturer under section 20, 21, or 22 for 
failure to furnish information required by section 37. 
"(3) The Commission may, upon written request, furnish to any 
manufacturer or to the authorized agent of such manufacturer 
authenticated copies of reports furnished by or on behalf of such 
manufacturer in accordance with section 37, upon payment of the 
actual or estimated cost of searching the records and furnishing 
such copies. 
PUBLIC LAW 101-608—NOV. 16, 1990 
104 STAT. 3117 
"(4) Upon written request of the Chairman or Ranking Minority 
Member of the Committee on Commerce, Science, and Transpor-
tation of the Senate or the Committee on Energy and Commerce of 
the House of Representatives or any subcommittee of such commit-
tee, the Commission shall provide to the Chairman or Ranking 
Minority Member any information furnished to the Commission 
under section 37 for purposes that are related to the jurisdiction of 
such committee or subcommittee. 
"(5) Any officer or employee of the Commission or other officer or 
employee of the Federal Government who receives information 
provided under section 37, who willfully violates the requirements of 
this subsection shall be subject to dismissal or other appropriate 
disciplinary action consistent with procedures and requirements 
established by the Office of Personnel Management.". 
(d) PROHIBITED ACT.—Section 19(a) (15 U.S.C. 2068(a)) is amended 
by adding at the end the following new paragraph: 
"(11) fail to furnish information required by section 37.". 
(e) CIVIL PENALTIES.—The second sentence of section 20(a)(1) (15 
U.S.C. 2069(a)(1)) is amended by striking "or (10)" and inserting in 
lieu thereof "(10), or (11)". 
(f) CONGRESSIONAL REPORTS.— 
(1) The Consumer Product Safety Commission shall report to 
the Congress on the extent to which reports made to the 
Commission under section 37 of the Consumer Product Safety 
Act have assisted the Commission in carrying out its respon-
sibilities under such Act. The report— 
(A) shall provide aggregate data and not the details and 
contents of individual reports filed with the Commission 
pursuant to such section 37, 
(B) shall not disclose the brand names of products in-
cluded in reports under such section 15(b) or 37 or the 
number of reports under such sections for particular models 
or classes of products, and 
(C) shall include— 
(i) a comparison of the number of reports received 
under such section 37 and the number of reports re-
ceived under section 1503) of such Act, 
(ii) a comparison of the number of reports filed with 
the Commission before the date of the enactment of 
this Act and after such date, and 
(iii) the total number of settlements and court judg-
ments reported under such section 37 and the total 
number of rulemakings and enforcement 
actions 
undertaken in response to such reports, 
(iv) recommendations of the Commission for addi-
tional improvements in reporting under the Consumer 
Product Safety Act. 
(2) The first report under paragraph (1) shall be due Febru-
ary 1, 1992, and the second such report shall be due April 1, 
1993. 
SEC. 113. SETTLEMENT OFFERS. 
Section 15(f) (15 U.S.C. 2064(f)) is amended by adding at the end 
the following: "Any settlement offer which is submitted to the 
presiding officer at a hearing under this subsection shall be 
transmitted by the officer to the Commission for its consideration 
15 u s e 2084 
note. 
Confidential 
business 
information. 
-194 O - 91 - 26 : QL 3 Part 4 
104 STAT. 3118 
PUBLIC LAW 101-608—NOV. 16, 1990 
Reports. 
Federal 
Register, 
publication. 
unless the settlement offer is clearly frivolous or duplicative of 
offers previously made.". 
SEC. 
1
1
4
. 
PRODUCT 
SURVEILLANCE 
PROGRAM. 
Section 17 (15 U.S.C. 2066) is amended by adding at the end the 
following: 
"(h)(1) The Commission shall establish and maintain a permanent 
product surveillance program, in cooperation with other appropriate 
Federal agencies, for the purpose of carrying out the Commission's 
responsibilities under this Act and the other Acts administered by 
the Commission and preventing the entry of unsafe consumer prod-
ucts into the commerce of the United States. 
"(2) The Commission may provide to the agencies with which it is 
cooperating under paragraph (1) such information, data, violator 
lists, test results, and other support, guidance, and documents as 
may be necessary or helpful for such agencies to cooperate with the 
Commission to carry out the product surveillance program under 
paragraph (1). 
"(3) The Commission shall periodically report to the Congress the 
results of the surveillance program under paragraph (1).". 
SEC. 115. CIVIL PENALTIES. 
(a) CONSUMER PRODUCT SAFETY ACT.—Section 20(a) (15 U.S.C. 
2069(a)) is amended— 
(1) by striking "$2,000" and inserting in lieu thereof "$5,000"; 
(2) by striking "$500,000" each place it appears and inserting 
in lieu thereof "$1,250,000"; and 
(3) by adding at the end thereof the following: 
"(3)(A) The maximum penalty amounts authorized in par^raph 
(1) shall be adjusted for inflation as provided in this paragraph. 
"(B) Not later than December 1, 1994, and December 1 of each 
fifth calendar year thereafter, the Commission shall prescribe and 
publish in the Federal Register a schedule of maximum authorized 
penalties that shall apply for violations that occur after January 1 
of the year immediately following such publication. 
"(C) The schedule of maximum authorized penalties shall be 
prescribed by increasing each of the amounts referred to in para-
graph (1) by the cost-of-living adjustment for the preceding five 
years. Any increase determined under the preceding sentence shall 
be rounded to— 
"(i) in the case of penalties greater than $1,000 but less than 
or equal to $10,000, the nearest multiple of $1,000; 
"(ii) in the case of penalties greater than $10,000 but less than 
or equal to $100,000, the nearest multiple of $5,000; 
"(iii) in the case of penalties greater than $100,000 but less 
than or equal to $200,000, the nearest multiple of $10,000; and 
"(iv) in the CEise of penalties greater than $200,000, the near-
est multiple of $25,000. 
"(D) For purposes of this subsection: 
"(i) The term 'Consumer Price Index' means the Consumer 
Price Index for all-urban consumers published by the Depart-
ment of Labor. 
"(ii) The term 'cost-of-living adjustment for the preceding five 
years' means the percentage by which— 
"(I) the Consumer Price Index for the month of June of 
the calendar year preceding the adjustment; exceeds 
PUBLIC LAW 101-608—NOV. 16, 1990 
104 STAT. 3119 
"(ID the Consumer Price Index for the month of June 
preceding the date on which the maximum authorized pen-
alty was last adjusted.". 
(b) FEDERAL HAZARDOUS SUBSTANCES ACT.—Section 5 of the Fed-
eral Hazardous Substances Act (15 U.S.C. 1264) is amended by 
adding at the end the following: 
"(c)(1) Any person who knowingly violates section 4 shall be 
subject to a civil penalty not to exceed $5,000 for each such violation. 
Subject to paragraph (2), a violation of subsections (a), (b), (c), (d), (f), 
(g), (i), Cj). and (k) of section 4 shall constitute a separate offense with 
respect to each substance involved, except that the maximum civil 
penalty shall not exceed $1,250,000 for any related series of viola-
tions. A violation of section 4(e) shall constitute a separate violation 
with respect to each failure or refusal to allow or perform an act 
required by section 4(e); and, if such violation is a continuing one, 
each day of such violation shall constitute a separate offense, except 
that the maximum civil penalty shall not exceed $1,250,000 for any 
related series of violations. 
"(2) The second sentence of paragraph (1) of this subsection shall 
not apply to violations of subsection (a) or (c) of section 4— 
"(A) if the person who violated such subsection is not the 
manufacturer, importer, or private labeler or a distributor of 
the substances involved; and 
"(B) if such person did not have either (i) actual knowledge 
that such person's distribution or sale of the substance violated 
such subsection, or (ii) notice from the Commission that such 
distribution or sale would be a violation of such subsection. 
"(3) In determining the amount of any penalty to be sought upon 
commencing an action seeking to assess a penalty for a violation of 
section 4, the Commission shall consider the nature of the substance, 
the severity of the risk of injury, the occurrence or absence of injury, 
the amount of the substance distributed, and the appropriateness of 
such penalty in relation to the size of the business of the person 
charged. 
"(4) Any civil penalty under this subsection may be compromised 
by the Commission. In determining the amount of such penalty or 
whether it should be remitted or mitigated, and in what amount, the 
Commission shall consider the appropriateness of such penalty to 
the size of the business of the persons charged, the nature of the 
substance involved, the severity of the risk of injury, the occurrence 
or absence of injury, and the amount of the substance distributed. 
The amount of such penalty when finally determined, or the amount 
agreed on compromise, may be deducted from any sums owing by 
the United States to the person charged. 
"(5) As used in the first sentence of paragraph (1), the term 
'knowingly' means (A) having actual knowledge, or (B) the presumed 
having of knowledge deemed to be possessed by a reasonable person 
who acts in the circumstances, including knowledge obtainable upon 
the exercise of due care to ascertain the truth of representations. 
"(6)(A) The maximum penalty amounts authorized in paragraph 
(1) shall be adjusted for inflation as provided in this paragraph. 
"(B) Not later than December 1, 1994, and December 1 of each 
fifth calendar year thereafter, the Commission shall prescribe and 
publish in the Federal Register a schedule of maximum authorized 
penalties that shall apply for violations that occur after January 1 
of the year immediately following such publication. 
Federal 
Register, 
publication. 
104 STAT. 3120 
PUBLIC LAW 101-608—NOV. 16, 1990 
"(C) The schedule of maximum authorized penalties shall be 
prescribed by increasing each of the amounts referred to in para-
graph (1) by the cost-of-living adjustment for the preceding five 
years. Any increase determined under the preceding sentence shall 
be rounded to— 
"(i) in the case of penalties greater than $1,000 but less than 
or equal to $10,000, the nearest multiple of $1,000; 
"(ii) in the case of penalties greater than $10,000 but less than 
or equal to $100,000, the nearest multiple of $5,000; 
"(iii) in the case of penalties greater than $100,000 but less 
than or equal to $200,000, the nearest multiple of $10,000; and 
"(iv) in the case of penalties greater than $200,000, the near-
est multiple of $25,000. 
"(D) For purposes of this subsection: 
"(i) The term 'Consumer Price Index' means the Consumer 
Price Index for all-urban consumers published by the Depart-
ment of Labor. 
"(ii) The term 'cost-of-living adjustment for the preceding five 
years' means the percentage by which— 
"(I) the Consumer Price Index for the month of June of 
the calendar year preceding the adjustment; exceeds 
"(II) the Consumer Price Index for the month of June 
preceding the date on which the maximum authorized pen-
alty was last adjusted.", 
(c) FLAMMABLE FABRICS ACT.—Section 5 of the Flammable Fabrics 
15 use 1194. 
Act (15 U.S.C. 1264) is amended by adding at the end the following: 
"(e)(1) Any person who knowingly violates a regulation or stand-
ard under section 4 shall be subject to a civil penalty not to exceed 
$5,000 for each such violation, except that the maximum civil 
penalty shall not exceed $1,250,000 for any related series of 
violations. 
"(2) In determining the amount of any penalty to be sought upon 
commencing an action seeking to assess a penalty for a violation of a 
regulation or standard under section 4, the Commission shall con-
sider the nature and number of the violations, the severity of the 
risk of injury, the occurrence or absence of injury, and the appro-
priateness of such penalty in relation to the size of the business of 
the person charged. 
"(3) Any civil penalty under this subsection may be compromised 
by the Commission. In determining the amount of such penalty or 
whether it should be remitted or mitigated, and in what amount, the 
Commission shall consider the nature and number of the violations, 
the appropriateness of such penalty to the size of the business of the 
persons charged, the severity of the risk of injury, and the occur-
rence or absence of injury. The amount of such penalty when finally 
determined, or the amount agreed on compromise, may be deducted 
from any sums owing by the United States to the person charged. 
"(4) As used in paragraph (1), the term 'knowingly' means (A) 
having actual knowledge, or (B) the presumed having of knowledge 
deemed to be possessed by a reasonable person who acts in the 
circumstances, including knowledge obtainable upon the exercise of 
due care to ascertain the truth of representations. 
"(5)(A) The maximum penalty amounts authorized in paragraph 
(1) shall be adjusted for inflation as provided in this paragraph. 
Fe<i?ral 
"(B) Not later than December 1, 1994, and December 1 of each 
publication 
^^^^ calendar year thereafter, the Commission shall prescribe and 
publish in the Federal Register a schedule of maximum authorized 
PUBLIC LAW 101-608—NOV. 16, 1990 
104 STAT. 3121 
penalties that shall apply for violations that occur after January 1 
of the year immediately following such publication. 
"(C) The schedule of maximum authorized penalties shall be 
prescribed by increasing each of the amounts referred to in para-
graph (1) by the cost-of-living adjustment for the preceding five 
years. Any increase determined under the preceding sentence shall 
be rounded to— 
"(i) in the case of penalties greater than $1,000 but less than 
or equal to $10,000, the nearest multiple of $1,000; 
"(ii) in the case of penalties greater than $10,000 but less than 
or equal to $100,000, the nearest multiple of $5,000; 
"(iii) in the case of penalties greater than $100,000 but less 
than or equal to $200,000, the nearest multiple of $10,000; and 
"(iv) in the case of penalties greater than $200,000, the near-
est multiple of $25,000. 
"(D) For purposes of this subsection: 
"(i) The term 'Consumer Price Index' means the Consumer 
Price Index for all-urban consumers published by the Depart-
ment of Labor. 
"(ii) The term 'cost-of-living adjustment for the preceding five 
years' means the percentage by which— 
"(I) the Consumer Price Index for the month of June of 
the calendar year preceding the adjustment; exceeds 
"(II) the Consumer Price Index for the month of June 
preceding the date on which the maximum authorized pen-
alty was last adjusted.". 
(d) REPORT ON CIVIL PENALTIES.— 
15 use 2076a. 
(1) Beginning 1 year after the date of enactment of this Act, 
and every year thereafter, the Consumer Product Safety 
Commission shall submit to the Committee on Commerce, Sci-
ence, and Transportation of the Senate and the Committee on 
Energy and Commerce of the House of Representatives the 
information specified in paragraph (2) of this subsection. Such 
information may be included in the annual report to the Con-
gress submitted by the Commission. 
(2) The Commission shall submit information with respect to 
the imposition of civil penalties under the statutes which it 
administers. The information shall include the number of civil 
penalties imposed, an identification of the violations that led to 
the imposition of such penalties, and the amount of revenue 
recovered from the imposition of such penalties. 
SEC. 116. CHRONIC HAZARD ADVISORY PANEL. 
Section 28(b)(1) (15 U.S.C. 2077(b)(1)) is amended by inserting 
immediately after "States" the following: "(other than employees of 
the National Institutes of Health, the National Toxicology Program, 
or the National Center for Toxicological Research)". 
SEC. 117. AUTHORIZATION. 
Section 32(a) (15 U.S.C. 2081(a)) is amended by striking out para-
graphs (1) through (9) and inserting in lieu thereof the following: 
"(1) $42,000,000 for fiscal year 1991, and 
"(2) $45,000,000 for fiscal year 1992.". 
SEC. 118. ENFORCEMENT BY STATE ATTORNEYS GENERAL. 
(a) FEDERAL HAZARDOUS SUBSTANCES ACT.—Section 5 of the Fed-
eral Hazardous Substances Act (15 U.S.C. 1264), as amended by 
104 STAT. 3122 
PUBLIC LAW 101-608—NOV. 16, 1990 
15 use 2076 
note. 
Reports. 
section 1150t)) of this Act, is amended by adding at the end the 
following: 
"(d) In the case of an attorney general of a State alleging a 
violation that affects or may affect such State or its residents, such 
attorney general may bring a civil action for an injunction to 
enforce any requirement of this Act relating to misbranded or 
banned hazardous substances. The procedural requirements of sec-
tion 24 of the Consumer Product Safety Act shall apply to any such 
action.". 
(b) FLAMMABLE FABRICS ACT.—Section 5(a) of the Flammable Fab-
rics Act (15 U.S.C. 1194(a)) is amended by adding at the end the 
following: "In the case of an attorney general of a State alleging a 
violation of a standard or regulation under section 4 that affects or 
may affect such State or its residents, such attorney general may 
bring a civil action for an injunction to enforce the requirement of 
such standard or regulation. The procedural requirements of section 
24 of the Consumer Product Safety Act shall apply to any such 
action.". 
SEC. 119. USER FEE STUDY. 
The Consumer Product Safety Commission shall conduct a study 
of the feasibility of requiring entities subject to the Consumer 
Product Safety Act to pay to the Commission amounts to defray the 
reasonable costs of particular services provided by the Commission 
to such entities. The Commission shall complete the study within 
one year of the date of the enactment of this Act and shall report 
the results of the study to the Congress. 
TITLE II—RELATED PROVISIONS 
Infants and 
children. 
Reports. 
SEC. 201. LIGHTERS. 
The Consumer Product Safety Commission shall pursue its pend-
ing proceedings to establish a safety standard for cigarette lighters, 
taking into account the need to protect children from harm from 
lighters. 
SEC. 202. INDOOR AIR POLLUTANTS. 
Not later than 180 days after the date of the enactment of this 
Act, the Consumer Product Safety Commission shall report to Con-
gress on its activities to reduce exposure of individuals to indoor air 
pollutants. Such report shall— 
(1) briefly describe the activities of the Commission before 
such date of enactment in the area of indoor air quality, 
(2) contain a detailed discussion of (A) the current activities of 
the Commission in such area, and (B) the further activities 
which the Commission plans to provide remedial measures to 
address the indoor air quality problems identified by the 
Commission, 
(3) discuss the nature of indoor air quality hazards, the 
association of consumer products with such hazard, and, to the 
extent known, remedial measures which may be taken with 
respect to such hazard, and 
(4) discuss the Commission's overall strategies and plans for 
addressing the identified indoor air quality hazards and for 
identifying and remedying such hazards. 
PUBLIC LAW 101-608—NOV. 16, 1990 
104 STAT. 3123 
SEC. 203. AUTOMATIC GARAGE DOOR OPENERS. 
15 USC 2056 
(a) CONSUMER PRODUCT SAFETY RULE.—The provisions of subsec- 
^°^' 
tion (b) shall be considered to be a consumer product safety rule 
issued by the Consumer Product Safety Commission under section 9 
of the Consumer Product Safety Act. 
(b) REQUIREMENTS.— 
(1) Effective on and after January 1, 1991, each automatic 
residential garage door opener manufactured on or after that 
date for sale in the United States shall conform to the entrap-
ment protection requirements of the American National Stand-
ards Institute Underwriters Laboratories, Inc. Standards for 
Safety—UL 325, third edition, as revised May 4,1988. 
(2)(A) Effective on and after January 1, 1993, all residential 
automatic garage door openers manufactured on and after such 
date for sale in the United States shall conform to any addi-
tional entrapment protection requirements of the American 
National Standards Institute Underwriters Laboratories, Inc. 
Standards for Safety—UL 325, third edition, which were issued 
after the date of the enactment of this Act to become effective 
on or before January 1,1993. 
(B) If, by June 1, 1992, the Underwriters Laboratories, Inc., Regulations. 
has not issued a revision to the May 4, 1988, Standards for 
Safety—UL 325, third edition, to require an entrapment protec-
tion feature or device in addition to that required by the May 4, 
1988, Standard, the Consumer Product Safety Commission shall 
begin a rulemaking proceeding, to be completed no later than 
October 31, 1992, to require an additional such feature or device 
on all automatic residential garage door openers manufactured 
on or after January 1,1993, for sale in the United States. If such 
a revision is issued by the Underwriters Laboratories, Inc. after 
the rulemaking has commenced, the rulemaking shall be termi-
nated and the revision shall be incorporated in the consumer 
product safety rule under subsection (a) unless the Commission 
has determined under subsection (c) that such revision does not 
carry out the purposes of subsection (b). 
(c) REVISION OF RULE.—If, after June 1, 1992, or the date of a 
revision described in subsection (b)(2)(B) if later, the Underwriters 
Laboratories, Inc. proposes to further revise the entrapment protec-
tion requirements of the American National Standards Institute 
Underwriters Laboratories, Inc. Standards for Safety—UL 325, third 
edition, the Laboratories shall notify the Consumer Product Safety 
Commission of the proposed revision and the proposed revision shall 
be incorporated in the consumer product safety rule under subsec-
tion (a) unless, within 30 days of such notice, the Commission 
notifies the Laboratories that the Commission has determined that 
such revision does not carry out the purposes of subsection (b). 
(d) LABELING.—On and after January 1, 1991, a manufacturer 
selling or offering for sale in the United States an automatic resi-
dential garage door opener manufactured on or after January 1, 
1991, shall clearly identify on any container of the system and on 
the system the month or week and year the system was manufac-
tured and its conformance with the requirements of subsection (b). 
The display of the UL logo or listing mark, and compliance with the 
date marking requirements of UL 325, on both the container and the 
system, shall satisfy the requirements of this subsection. 
104 STAT. 3124 
PUBLIC LAW 101-608—NOV. 16, 1990 
Manufacturing. 
15 u s e 2054 
note. 
Reports. 
(e) NOTIFICATION.—Effective on and after July 1, 1991, all manu-
facturers of automatic residential garage door openers shall, in 
consultation with the Consumer Product Safety Commission, notify 
the public of the potential for entrapment by garage doors equipped 
with automatic garage door openers and advise the public to test 
their openers for the entrapment protection feature or device 
required by subsection O
t
>
)
. 
(f) PREEMPTION.—In applying section 26(a) of the Consumer Prod-
uct Safety Act (15 U.S.C. 2075) with respect to the consumer product 
safety rule of the Consumer Product Safety Commission under 
subsection (a), only those provisions of laws of States or political 
subdivisions which relate to the labeling of automatic residential 
garage door openers and those provisions which do not provide at 
least the equivalent degree of protection from the risk of injury 
associated with automatic residential garage door openers as the 
consumer product safety rule provides shall be subject to such 
section. 
(g) REGULATIONS.—Section 553 of title 5, United States Code, shall 
apply with respect to the issuance of any regulations by the 
Consumer Product Safety Commission to implement the require-
ments of this section and sections 7 and 9 of the Consumer Product 
Safety Act do not apply to such issuance. Any additional or revised 
requirement issued by the Commission shall provide an adequate 
degree of protection to the public. 
(h) CONSTRUCTION.—Nothing in this section shall affect or modify 
in any way the obligations or liabilities of any person under the 
common law or any Federal or State law. 
SEC. 204. STUDY OF AVERSIVE AGENTS. 
The Consumer Product Safety Commission shall conduct a study 
of requiring manufacturers of consumer products to include aversive 
agents, as appropriate, in products which present a hazard if in-
gested to determine the potential effectiveness of the aversive 
agents in deterring ingestion. In conducting the study, the Commis-
sion shall consult with appropriate consumer, health, and business 
organizations and appropriate government agencies. The Commis-
sion shall report to Congress the status of the study within one year 
of the date of the enactment of this Act and shall complete the study 
not later than 2 years after such date of enactment. 
Approved November 16, 1990. 
LEGISLATIVE HISTORY—S. 605 (H.R. 4952): 
HOUSE REPORTS: No. 101-567 accompanying H.R. 4952 (Ck)mm. on Energy and 
Commerce) and No. 101-914 (Comm. of Conference). 
SENATE REPORTS: No. 101-37 (Comm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 135 (1989): Aug. 3, considered and passed Senate. 
Vol. 136 (1990): July 16, H.R. 4952 considered and passed House; S. 605, 
amended, passed in lieu. 
Oct. 22, Senate agreed to conference report. 
Oct. 25, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Nov. 16, Presidential statement.