S.Amdt. 3530

SA 3530. Mr. SCHUMER (for himself and Mr. Blumenthal) submitted an
amendment intended to be proposed to amendment SA 3464 submitted by Mr.
Thune (for himself and Mr. Nelson) to the bill H.R. 636, to amend the
Internal Revenue Code of 1986 to permanently extend increased expensing
limitations, and for other purposes; which was ordered to lie on the
table; as follows:

At the appropriate place, insert the following:

SEC. ____. PROHIBITION ON SALE, MANUFACTURE, IMPORT, AND
DISTRIBUTION IN COMMERCE OF LASER POINTERS.

(a) Authority for Consumer Product Safety Commission to
Regulate Laser Pointers.--Section 31(a) of the Consumer
Product Safety Act (15 U.S.C. 2080(a)) is amended, in the
second sentence, by striking ``The Commission'' and inserting
``Except for a laser pointer (as defined in section 39A of
title 18, United States Code), the Commission''.
(b) Classification of Laser Pointers as Banned Hazardous
Products.--
(1) In general.--Except as provided in paragraph (2), all
laser pointers are hereby declared banned hazardous products
within the meaning of section 8 of the Consumer Product
Safety Act (15 U.S.C. 2057).
(2) Exceptions.--Paragraph (1) shall not apply to such
laser pointers as the Consumer Product Safety Commission
determines are for legitimate and professional use.
(c) Treatment of Classification.--For purposes of the
Consumer Product Safety Act (15 U.S.C. 2051 et seq.),
subsection (b) of this section shall be treated as if it were
a rule promulgated under section 8 of such Act (15 U.S.C.
2057).
(d) Regulations.--
(1) In general.--The Consumer Product Safety Commission may
promulgate such rules as the Commission considers appropriate
to carry out this section.
(2) Manner of promulgation.--Notwithstanding any other
provision of law, a rule promulgated under paragraph (1)
shall be promulgated in accordance with section 553 of title
5, United States Code.
(e) Laser Pointer Defined.--In this section, the term
``laser pointer'' has the meaning given such term in section
39A of title 18, United States Code.
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