H.R. 1815House111th Congress (2009-2011)In Committee

Consumer Product Safety Solutions Act of 2009

Sponsored by Joe BartonRep. Joe Barton (R-TX)
Introduced March 31, 2009

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Commerce, Trade and Consumer Protection.

April 1, 2009

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HouseIntro Referral

Introduced in House

March 31, 2009

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

March 31, 2009

HouseCommittee

Referred to the Subcommittee on Commerce, Trade and Consumer Protection.

April 1, 2009

Floor Debate

16 members

What members said about H.R. 1815 on the floor

10 Republicans6 Democrats
Pete Sessions
Rep. Pete SessionsR-TX-32 · Oct 28, 2009

I appreciate the gentleman, Mr. King, for not only yielding me time to talk about our former colleague and the great Secretary of the Army, John McHugh, but I also thank the gentleman for his…

Peter T. King
Rep. Peter T. KingR-NY-3 · Oct 28, 2009

Madam Speaker, I proudly rise on the House floor tonight to manage a Special Order on behalf of our former colleague and the present Secretary of the Army, former Congressman John McHugh, now…

Tom Cole
Rep. Tom ColeR-OK-4 · Oct 28, 2009

I thank the gentleman for yielding. I want to reflect just a moment, as we all have, on our mutual friend John McHugh. Obviously, I didn't have the opportunity to know him in New York. I first got to…

Paul Tonko
Rep. Paul TonkoD-NY-21 · Oct 28, 2009

Thank you, Representative King. The opportunity to share some thoughts about Representative McHugh here this evening is something I relish. Our work partnership goes back several, several years,…

Steven C. LaTourette
Rep. Steven C. LaTouretteR-OH-14 · Oct 28, 2009

I thank the gentleman for yielding. Mr. Speaker, it's my privilege to be here during this Special Order, talking about our friend John McHugh. You know, when somebody retires or leaves or goes on to…

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Maurice D. Hinchey
Rep. Maurice D. HincheyD-NY-22 · Oct 28, 2009

Well, thank you very much for yielding to me. I also want to express my deep gratitude to you for doing this event because John McHugh is a very good friend of all of us, and we very much appreciate…

Glenn Thompson
Rep. Glenn ThompsonR-PA-5 · Oct 28, 2009

I thank my good friend for the opportunity to join you tonight to recognize Congressman John McHugh. Unlike my colleague from New York, I didn't know Congressman McHugh when he served in the State…

Eliot L. Engel
Rep. Eliot L. EngelD-NY-17 · Oct 28, 2009

Thank you very much. I thank my friend from Long Island for yielding to me. I, too, want to say very, very nice things about our colleague John McHugh. You know, I hope he's listening now because one…

Howard P. "Buck" McKeon
Rep. Howard P. "Buck" McKeonR-CA-25 · Oct 28, 2009

Mr. Speaker, this afternoon I rise to honor a good friend of mine and an esteemed former Member of this House. First elected in 1993, John McHugh represented New York's 23rd Congressional district…

Thaddeus G. McCotter
Rep. Thaddeus G. McCotterR-MI-11 · Oct 28, 2009

I thank the distinguished gentleman from New York. In fact, all truth be told, one of the reasons that I'm here is a conversation we once had. The gentleman, Mr. King, said to me, If John McHugh and…

John Shimkus
Rep. John ShimkusR-IL-19 · Oct 28, 2009

Madam Speaker, I thank my colleague from New York for giving me this time and allowing me to go promptly. Everybody loves John McHugh, an honorable man. We have a great history in this country that a…

Charles B. Rangel
Rep. Charles B. RangelD-NY-15 · Oct 28, 2009

Let me thank my dear friend, Peter King, for taking time out on behalf of the entire delegation to give us an opportunity to pay tribute to one of our great Members of Congress and certainly one of…

Silvestre Reyes
Rep. Silvestre ReyesD-TX-16 · Oct 28, 2009

Mr. Speaker, I rise today to honor my colleague and my friend Congressman John McHugh. I had the pleasure of serving with John McHugh both on the Armed Services Committee and on the Intelligence…

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Christopher J. Lee
Rep. Christopher J. LeeR-NY-26 · Oct 28, 2009

Mr. Speaker, while I only had a few months to serve with Secretary McHugh, I enjoyed the opportunity to get to know this great statesman. As one of the first Members I met, he was not only gracious…

Dan Burton
Rep. Dan BurtonR-IN-5 · Oct 28, 2009

I thank the gentleman for taking this time tonight for our colleague, Mr. McHugh. John is not only a nice guy, he really is a hard worker. I think he has earned his place in the administration with…

Louise McIntosh Slaughter
Rep. Louise McIntosh SlaughterD-NY-28 · Oct 28, 2009

Mr. Speaker, while working with Secretary John McHugh for many years as a fellow Upstate New York Representative, I had the privilege of getting to know him not only as a Representative but as a…

Bill Text

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Introduced in HouseIssued March 31, 2009

I

111th CONGRESS

1st Session

H. R. 1815

IN THE HOUSE OF REPRESENTATIVES

March 31, 2009

Mr. Barton of Texas (for himself, Mr. Radanovich, Mr. Rogers of Michigan, Mrs. Blackburn, Mr. Sessions, Mr. Whitfield, Mrs. Myrick, Mr. Blunt, Mr. Gallegly, Mr. Gingrey of Georgia, Mr. Sullivan, Mr. Bartlett, Mr. Putnam, Mr. Terry, Mr. Stearns, Mr. Pitts, and Mr. Thornberry) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To clarify the applicability of certain provisions in the Consumer Product Safety Improvement Act, and for other purposes.

1.

Short title

This Act may be cited as the Consumer Product Safety Solutions Act of 2009.

2.

Prospective application of lead limits and third party testing requirements

(a)

Lead content

Section 101 of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 1278a) is amended—

(1)

by redesignating subsection (b) through (g) as subsections (c) through (h), respectively;

(2)

by inserting after subsection (a) the following new subsection:

(b)

Application

(1)

600 parts per million

Subsection (a)(2)(A) shall apply beginning February 10, 2009, only to any children’s product that is manufactured after such date, and after February 9, 2010, to any children’s product regardless of the date of manufacture.

(2)

300 parts per million

Subsection (a)(2)(B) shall apply beginning 2 years after the date of enactment of this Act only to any children’s product that is manufactured after such date, and beginning 3 years after the date of enactment of this Act, to any children’s product regardless of the date of manufacture.

;

(3)

in subsection (e)(2), by striking subsection (b) and inserting subsection (c); and

(4)

in subsection (g), by striking or (b) and inserting or (c).

(b)

Effective date

The amendments made by subsections (a) shall be treated as having taken effect on August 15, 2008.

3.

Prospective application of phthalates prohibition

(a)

Application of phthalates prohibition

Section 108 of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 1257c) is amended—

(1)

by redesignated subsections (c) through (e) as subsection (d) through (f), respectively; and

(2)

by inserting after subsection (b) the following:

(c)

Application

Subsections (a) and (b)(1) and any rule promulgated under subsection (b)(3) shall apply beginning February 10, 2009, only to any children’s product that is manufactured after such date, and after February 9, 2010, to any children’s product regardless of the date of manufacture.

.

(b)

Effective date

The amendments made by subsections (a) shall be treated as having taken effect on August 15, 2008.

4.

Clarification of testing methodologies

(a)

Rulemaking

Not later than 180 days after the date of enactment of this Act, the Consumer Product Safety Commission shall promulgate a rule setting forth the testing methodology or methodologies which the Commission determines shall be used for purposes of determining compliance with sections 101(a) and 108 of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 1278a(a); 2057c).

(b)

Effective date for conformity certification

Section 14(a)(1) of the Consumer Product Safety Act (15 U.S.C. 2063(a)(1)) is amended by striking Except as provided and inserting Beginning 90 days after the issuance of a rule required by section 4(a) of the Consumer Product Safety Solutions Act of 2009 except as provided.

(c)

Temporary rule of compliance

Beginning February 10, 2009, and continuing until a rule is promulgated under subsection (a), any children’s product that is tested for conformity with the requirements of section 101(a) and section 108 of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 1278a(a); 2057c) and certified pursuant to section 14(a)(1) of the Consumer Product Safety Act (15 U.S.C. 2063(a)(1)) shall be considered to be in compliance with such section if such children’s product was tested in good faith and in accordance with a reasonable testing methodology and the product was certified based on the results of such testing.

5.

Exclusion of certain materials from lead content limit

Section 101(c)(1) of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 1278a(c)(1)) (as redesignated by section 1) is amended—

(1)

in the matter preceding subparagraph (A), by striking material will neither— and inserting material—

(2)

in subparagraph (A)—

(A)

by striking result in the absorption of any lead into the human body and inserting will not result in the absorption of lead into the human body in excess of the amounts set forth under subsection (a)(2);

(B)

by inserting of the age for which the product is intended after child; and

(C)

by striking nor and inserting or; and

(3)

in subparagraph (B), by striking have any other and inserting will not have any.

6.

Waiver of third party testing requirement for certain component parts

Section 14(g) of the Consumer Product Safety Act (15 U.S.C. 2063(g)) is amended by adding at the end the following:

(5)

Special rule for lead content and phthalate content testing and certification

Subsection (a) shall not require the manufacturer or private labeler of a children’s product to test such product for, or certify it with respect to, lead content or phthalate content, as applicable, if—

(A)

each component of the product that is required to be tested for compliance with sections 101(a) and 108 of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 1278a(a); 2057c) has been tested for lead content or phthalate content, as applicable, by the manufacturer or private labeler of the component; and

(B)

the manufacturer or private labeler of each such component certifies that the component does not contain more lead than the limit established by subsection (a)(2) and (f) of section 101 of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 1278a(a)(2) and (f)) or the applicable phthalate limit in effect under section 108 of such Act, as applicable.

.

7.

Exemptions from tracking label requirements

Section 14(a)(5) of the Consumer Product Safety Act (15 U.S.C. 2063(a)(5)) is amended—

(1)

by striking Effective and inserting (A) In general—Effective;

(2)

by adding at the end the following new subparagraph:

(B)

Commission exemptive authority

The Commission may, by rule, exempt or modify any of the requirements of this section for any product or product category, if the Commission determines such requirement to be unduly burdensome or cost prohibitive in relationship to the potential risk presented by such product or product category, or not practical due to the intended use of such product or product category.

.

8.

General application and exemptive authority

Section 3 of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 2051 note) is amended—

(1)

by striking The and inserting (a) In general.—The; and

(2)

by adding at the end the following:

(b)

Authority To extend or delay effective dates

The Commission may extend the application of the effective date of any provision of this Act or the amendments made by this Act with respect to any particular manufacturer, distributer, or retailer or class of manufacturers, distributors, or retailers if the Commission determines that a delay would better promote public safety and that a later effective date is in the public interest and publishes the reason for such a determination.

(c)

Exemptive authority

The Commission may exempt a particular manufacturer, distributor, or retailer or class of manufacturers, distributors, or retailers from any provision of this Act or the amendments made by this Act if the Commission determines that a delay would better promote public safety and that such exemption is in the public interest and publishes the reason for such determination.

.

9.

Compliance guidance for small businesses

(a)

In General

Not later than 180 days after the date of enactment of this Act, the Consumer Product Safety Commission shall develop and make available on the Commission’s Internet website a compliance guide to assist small businesses in complying with the requirements of the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and other Acts enforced by the Commission.

(b)

Contents

The guide—

(1)

shall be designed to assist small businesses to determine—

(A)

whether the Consumer Product Safety Act (or any other Act enforced by the Commission) applies to their business activities;

(B)

whether they are considered distributors, manufacturers, private labelers, or retailers under such Act or Acts; and

(C)

which rules, standards, regulations, or statutory requirements apply to their business activities;

(2)

shall provide guidance on how to comply with any such applicable rule, standard, regulation, or requirement, including—

(A)

what actions they should take to ensure that they meet the requirements; and

(B)

how to determine whether they have met the requirements; and

(3)

may contain such additional information as the Commission considers appropriate, including telephone, e-mail, and Internet contacts for compliance support and information.