CPSC Reform Act

A bill to reform the Consumer Product Safety Commission to provide greater protection for children's products, to improve the screening of noncompliant consumer products, to improve the effectiveness of consumer product recall programs, and for other purposes.

2/25/2008--Introduced.
CPSC Reform Act - Amends the Consumer Product Safety Act to authorize appropriations to carry out the Act and for other purposes. Creates or modifies provisions relating to personnel and Commissioners of the Consumer Product Safety Commission (CPSC), public disclosure of information, and rulemaking procedures. Requires third party certification of, and provides for tracking and record keeping regarding, children's products. Modifies provisions relating reporting of substantial product hazards and corrective action plans. Requires manufacturers, retailers, distributors, and importers to identify each other. Modifies provisions relating to prohibited acts, penalties, preemption, and sharing of information with federal, state, local, and foreign government agencies. Requires certain manufacturers or distributors to post an escrow or proof of insurance to cover recalls. Allows enforcement by state attorneys general and provides public and private sector whistleblower protections. Bans children's products containing lead and lowers the allowable lead content in paint. Requires a study of preventable injuries and deaths of minority children related to consumer products. Requires a cost-benefit analysis under the Poison Prevention Packaging Act of 1970. Imposes or modifies requirements regarding portable gasoline containers, toy safety, all-terrain vehicles, garage door openers, carbon monoxide, cigarette lighters, and consumer product registration forms. Requires development of a risk assessment methodology regarding imports. Requires publication of a list of product defects that constitute a substantial product hazard. Conditions importation of a consumer product on the manufacturer's compliance with certain inspection and record keeping requirements. Requires a database on violations of consumer product safety rules to be used to determine whether a container being imported contains consumer products that are in violation of a consumer product safety standard and whether action should be taken under imported products provisions.


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Sponsor

• Sen. Mark Pryor [D, AR]
• and 10 Co-Sponsors
  • Sen. Susan Collins [R, ME]
  • Sen. Richard Durbin [D, IL]
  • Sen. Thomas Harkin [D, IA]
  • Sen. Daniel Inouye [D, HI]
  • Sen. Amy Klobuchar [D, MN]
  • Sen. Blanche Lincoln [D, AR]
  • Sen. Bill Nelson [D, FL]
  • Sen. Ken Salazar [D, CO]
  • Sen. Charles Schumer [D, NY]
  • Ted Stevens
  close

Amendments

This bill has 59 amendments. See All AmendmentsHide All Amendments

Amendments to S.2663

Number	Status	Purpose
S.Amdt.4085	Offered	Amendment information not available.
S.Amdt.4087	Offered	Amendment information not available.
S.Amdt.4088	Pass	To authorize the Commission by rule to exempt lead crystal from the ban on lead in children's products if the Commission determines that the lead content is not absorbable and does not have an adverse impact on public safety.
S.Amdt.4089	Offered	Amendment information not available.
S.Amdt.4090	Pass	Of a technical nature.
S.Amdt.4091	Offered	Amendment information not available.
S.Amdt.4092	Pass	To encourage and ensure the use of safe equestrian helmets, and for other purposes.
S.Amdt.4093	Offered	Amendment information not available.
S.Amdt.4094	Fail	To prohibit State attorneys general from entering into contingency fee agreements for legal or expert witness services in certain civil actions relating to Federal consumer product safety rules, regulations, standards, certification or labeling requirements, or orders.
S.Amdt.4095	Fail	In the nature of a substitute.
S.Amdt.4096	Withdrawn	To strike section 21, relating to whisteblower protections.
S.Amdt.4097	Fail	To allow the prevailing party in certain civil actions related to consumer product safety rules to recover attorney fees.
S.Amdt.4098	Pass	To ban the importation of toys made by companies that have a persistent pattern of violating consumer product safety standards.
S.Amdt.4099	Offered	Amendment information not available.
S.Amdt.4100	Offered	Amendment information not available.
S.Amdt.4101	Pass	To revise the section on Inspector General reports.
S.Amdt.4102	Offered	Amendment information not available.
S.Amdt.4103	Pass	To require the Consumer Product Safety Commission to develop training standards for product safety inspectors.
S.Amdt.4104	Pass	To prohibit the manufacture, sale, or distribution in commerce of certain children's products and child care articles that contain specified phthalates.
S.Amdt.4105	Pass	To authorize appropriations for necessary or appropriate travel, subsistence, and related expenses, and for other purposes.
S.Amdt.4106	Offered	Amendment information not available.
S.Amdt.4107	Offered	Amendment information not available.
S.Amdt.4108	Pass	To provide appropriate procedures for individual actions by whistleblowers, to provide for the appropriate assessment of costs and expenses in whistleblower cases, and for other purposes.
S.Amdt.4109	Pass	To require the Consumer Product Safety Commission to study the use of formaldehyde in the manufacturing of textiles and apparel articles and to prescribe consumer product safety standards with respect to such articles.
S.Amdt.4110	Offered	Amendment information not available.
S.Amdt.4111	Offered	Amendment information not available.
S.Amdt.4112	Pass	To clarify the requirement to include cautionary statements on advertisements.
S.Amdt.4113	Pass	To clarify and expand requirements with respect to information in recall notices.
S.Amdt.4114	Pass	To require the Comptroller General of the United States conduct a study and report on the effectiveness of authorities relating to the safety of imported consumer products.
S.Amdt.4115	Offered	Amendment information not available.
S.Amdt.4116	Pass	To provide that attorney-client privileged information shall retain the same protections that would apply in private civil litigation if private counsel is retained to pursue an enforcement action authorized under this Act.
S.Amdt.4117	Offered	Amendment information not available.
S.Amdt.4118	Pass	To require a court to review the reasonableness of fees paid to private counsel retained in an enforcement action that is authorized under this Act.
S.Amdt.4119	Offered	Amendment information not available.
S.Amdt.4120	Pass	To authorize the Consumer Product Safety Commission to identify and validate alternative technologies for the facilitation of recalls of durable infant or toddler products.
S.Amdt.4121	Offered	Amendment information not available.
S.Amdt.4122	Withdrawn	To strike the provision allowing the Commission to certify a proprietary laboratory for third party testing.
S.Amdt.4123	Pass	To provide that Federal employees shall be limited to the remedies available under chapters 12 and 23 of title 5, United States Code, for any violation of the whistleblower provisions.
S.Amdt.4124	Withdrawn	To strike section 31, relating to garage door opener standards.
S.Amdt.4125	Offered	Amendment information not available.
S.Amdt.4126	Offered	Amendment information not available.
S.Amdt.4127	Offered	Amendment information not available.
S.Amdt.4128	Pass	To revise the inaccessible component rule for children's products.
S.Amdt.4129	Offered	Amendment information not available.
S.Amdt.4130	Pass	To require the Consumer Product Safety commission to promulgate consumer product safety rules with respect to durable infant or toddler products and to improve provisions related to registration of such products.
S.Amdt.4131	Offered	Amendment information not available.
S.Amdt.4132	Withdrawn	To authorize the temporary refusal of admission into the customs territory of the United States of consumer products manufactured by companies that have violated consumer product safety rules.
S.Amdt.4133	Offered	Amendment information not available.
S.Amdt.4134	Offered	Amendment information not available.
S.Amdt.4135	Offered	Amendment information not available.
S.Amdt.4136	Pass	Of a perfecting nature.
S.Amdt.4137	Pass	To modify the scope of products to which section 15(b) applies.
S.Amdt.4138	Pass	To revise the section requiring a study of preventable injuries and deaths of minority children related to certain consumer products.
S.Amdt.4140	Offered	Amendment information not available.
S.Amdt.4141	Pass	To modify the automatic residential garage door operators standards requirements.
S.Amdt.4142	Offered	Amendment information not available.
S.Amdt.4143	Pass	To ensure that the Commission appropriately addresses impacts on small businesses of the revised civil penalties provisions.
S.Amdt.4144	Offered	Amendment information not available.
S.Amdt.4145	Offered	Amendment information not available.

Bill Status

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Introduced		Voted on by Senate		Voted on by House		Considered By President		Bill Becomes Law
February 25, 2008

Latest Vote

March 06, 2008Roll call number 40 (Amendment number S.Amdt.4097) in the Senate
Question: On the Motion to Table (Motion To Table Vitter Amdt. No. 4097 )
Amendment purpose: To allow the prevailing party in certain civil actions related to consumer product safety rules to recover attorney fees.
Required percentage of 'Aye' votes: 1/2 (50%)	Percentage of 'aye' votes: 56%	Result: Motion to Table Agreed to

Democrats Voting 'Aye'

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Sen. Daniel Akaka [D, HI]
Sen. Max Baucus [D, MT]
Sen. Evan Bayh [D, IN]
Sen. Joseph Biden [D, DE]
Sen. Jeff Bingaman [D, NM]
Sen. Barbara Boxer [D, CA]
Sen. Sherrod Brown [D, OH]
Sen. Maria Cantwell [D, WA]
Sen. Benjamin Cardin [D, MD]
Sen. Thomas Carper [D, DE]
Sen. Robert Casey [D, PA]
Sen. Kent Conrad [D, ND]
Sen. Christopher Dodd [D, CT]
Sen. Byron Dorgan [D, ND]
Sen. Richard Durbin [D, IL]
Sen. Russell Feingold [D, WI]
Sen. Dianne Feinstein [D, CA]
Sen. Thomas Harkin [D, IA]
Sen. Daniel Inouye [D, HI]
Sen. Tim Johnson [D, SD]
Sen. Edward Kennedy [D, MA]
Sen. John Kerry [D, MA]
Sen. Amy Klobuchar [D, MN]
Sen. Herbert Kohl [D, WI]
Sen. Mary Landrieu [D, LA]
Sen. Frank Lautenberg [D, NJ]
Sen. Patrick Leahy [D, VT]
Sen. Carl Levin [D, MI]
Sen. Blanche Lincoln [D, AR]
Sen. Claire McCaskill [D, MO]
Sen. Robert Menéndez [D, NJ]
Sen. Barbara Mikulski [D, MD]
Sen. Patty Murray [D, WA]
Sen. Ben Nelson [D, NE]
Sen. Bill Nelson [D, FL]
Sen. Mark Pryor [D, AR]
Sen. John Reed [D, RI]
Sen. Harry Reid [D, NV]
Sen. John Rockefeller [D, WV]
Sen. Ken Salazar [D, CO]
Sen. Charles Schumer [D, NY]
Sen. Arlen Specter [D, PA]
Sen. Debbie Ann Stabenow [D, MI]
Sen. Jon Tester [D, MT]
Sen. Jim Webb [D, VA]
Sen. Sheldon Whitehouse [D, RI]
Sen. Ron Wyden [D, OR]

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Republicans Voting 'Aye'

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Sen. Thad Cochran [R, MS]
Sen. Mel Martinez [R, FL]
Sen. Lisa Murkowski [R, AK]
Gordon Smith
Sen. Olympia Snowe [R, ME]
Ted Stevens
John Warner

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Others Voting 'Aye'

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Sen. Joseph Lieberman [I, CT]
Sen. Bernard Sanders [I, VT]

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Democrats Voting 'Nay'

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Republicans Voting 'Nay'

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Sen. Lamar Alexander [R, TN]
Wayne Allard
Sen. John Barrasso [R, WY]
Sen. Robert Bennett [R, UT]
Sen. Christopher Bond [R, MO]
Sen. Samuel Brownback [R, KS]
Sen. Jim Bunning [R, KY]
Sen. Richard Burr [R, NC]
Sen. Saxby Chambliss [R, GA]
Sen. Thomas Coburn [R, OK]
Norm Coleman
Sen. Susan Collins [R, ME]
Sen. Bob Corker [R, TN]
Sen. John Cornyn [R, TX]
Larry Craig
Sen. Michael Crapo [R, ID]
Sen. Jim DeMint [R, SC]
Elizabeth Dole
Pete Domenici
Sen. John Ensign [R, NV]
Sen. Michael Enzi [R, WY]
Sen. Lindsey Graham [R, SC]
Sen. Charles Grassley [R, IA]
Sen. Judd Gregg [R, NH]
Sen. Orrin Hatch [R, UT]
Sen. Kay Hutchison [R, TX]
Sen. James Inhofe [R, OK]
Sen. John Isakson [R, GA]
Sen. Jon Kyl [R, AZ]
Sen. Richard Lugar [R, IN]
Sen. Mitch McConnell [R, KY]
Sen. Pat Roberts [R, KS]
Sen. Jefferson Sessions [R, AL]
Sen. Richard Shelby [R, AL]
John Sununu
Sen. John Thune [R, SD]
Sen. David Vitter [R, LA]
Sen. George Voinovich [R, OH]
Sen. Roger Wicker [R, MS]

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Others Voting 'Nay'

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Democrats Voting 'Abstain'

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Sen. Robert Byrd [D, WV]
Sen. Hillary Clinton [D, NY]
Barack Obama

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Republicans Voting 'Abstain'

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Charles Hagel
Sen. John McCain [R, AZ]

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Others Voting 'Abstain'

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See Full Voting History (5 votes)Hide Voting History     Show All Actions (18 actions)Hide Actions

Voting History

Date	Chamber	Question	Aye	Nay	Result
March 06, 2008	Senate	S.2663 CPSC Reform Act On the Motion to Table (Motion To Table Vitter Amdt. No. 4097 )	56	39	Motion to Table Agreed to	See Vote
March 05, 2008	Senate	S.2663 CPSC Reform Act On the Motion to Table (Motion To Table Cornyn Amdt. No. 4094 As Modified Further )	51	45	Motion to Table Agreed to	See Vote
March 05, 2008	Senate	S.2663 CPSC Reform Act On the Amendment (Klobuchar Amdt. No. 4105 As Modified )	96	0	Amendment Agreed to	See Vote
March 04, 2008	Senate	S.2663 CPSC Reform Act On the Motion to Table (Motion To Table DeMint Amdt. No. 4095 )	57	39	Motion to Table Agreed to	See Vote
March 03, 2008	Senate	S.2663 CPSC Reform Act On the Motion (Motion to Invoke Cloture on the Motion to Proceed to Consider S. 2663 )	86	1	Motion Agreed to	See Vote

All Bill Actions

• Mar 06, 2008: Considered by Senate.
• Mar 06, 2008: Ordered placed on Senate Legislative Calendar under General Orders. Calendar No. 582.
• Mar 06, 2008: See also H.R.4040.
• Mar 06, 2008: Returned to the Calendar. Calendar No. 582.
• Mar 06, 2008: Senate passed companion measure H.R.4040 in lieu of this measure by Yea-Nay Vote. 79 - 13. Record Vote Number: 41.
• Mar 06, 2008: Senate incorporated this measure in H.R.4040 as an amendment.
• Mar 06, 2008: Cloture motion on the bill withdrawn by unanimous consent in Senate.
• Mar 05, 2008: Cloture motion on the bill presented in Senate.
• Mar 05, 2008: Considered by Senate.
• Mar 04, 2008: Measure laid before Senate by motion.
• Mar 03, 2008: Cloture on the motion to proceed invoked in Senate by Yea-Nay Vote. 86 - 1. Record Vote Number: 36.
• Mar 03, 2008: Motion to proceed to measure considered in Senate.
• Feb 29, 2008: Cloture motion on the motion to proceed to the measure presented in Senate.
• Feb 29, 2008: Motion to proceed to consideration of measure withdrawn in Senate.
• Feb 29, 2008: Motion to proceed to consideration of measure made in Senate.
• Added to calendar on Feb 26, 2008: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 582..
• Feb 25, 2008: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
• Introduced on Feb 25, 2008.

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Related Bills:

• S.2045
• H.R.4040

Related Issue Areas:

• Consumers
• Accident prevention
• Actions and defenses
• Administrative procedure
• 49 more
• All terrain vehicles
• Authorization
• Budgets
• Business
• Business insurance
• Carbon monoxide
• Child safety
• Children
• Cigarettes
• Consumer Product Safety Commission
• Consumer protection
• Cost effectiveness
• Data banks
• Death
• Defective products
• Electric appliances
• Energy
• Executive departments
• Federal preemption
• Finance
• Gasoline
• Government information
• Government paperwork
• Government publicity
• Hazardous substances
• Import restrictions
• Imports
• Independent regulatory commissions
• Law
• Manufacturing industries
• Medical care
• Medicine
• Minorities
• Minority health
• Motor vehicle safety
• Packaging
• Parties to actions
• Poisons
• Product safety
• Retail trade
• Risk
• State and local government
• State laws
• Technology
• Test facilities
• Toys
• Trade
• Transportation
• Whistle blowing

Data from the Congressional Research Service

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In the News

March 31, 2008 Proposed safety legislation causes controversy

Section 31 of S. 2663, Garage Door Opener Standard, has come under scrutiny by some manufacturers for its language — particularly: “...all automatic garage ...

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Source: Professional Door Dealer, AZ

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March 17, 2008 United States: Antitrust & Federal Regulation: Senate Passes ...

On March 6, 2008, the US Senate passed S. 2663, the most ambitious reauthorization and amendment to the Consumer Product Safety Act and related statutes ...

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March 13, 2008 The Empower Eliot Spitzer Bill

But to accomplish this purpose, the CPSC Reform Act of 2008 (S. 2663), sponsored by Sen. Mark Pryor (D-Ark.), launches a strange new experiment that turns ...

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Source: American Spectator

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Blog Coverage

December 31, 2008 All Things Reform: Join Social Actions contest to create an ...

... Robert Wexler (2); rollovers (1); Ron Paul (2); Ross Perot (2); RSS (1); RTBA (1); rudy giuliani (1); rules (7); Russ Feingold (1); S.1 (2); S.1285 (6); S.1825 (1); S.2045 (1); S.223 (4); S.2291 (1); S.2321 (1); S.2663 (1) ...

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December 16, 2008 Uppercase Woman: Calling In Sick

S. 2663 was introduced on February 25 , 2008 . This legislation would reauthorize the Consumer Product Safety Act and authorize additional funding for the agency to increase staff levels, improve testing facilities, and increase CPSC ...

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December 06, 2008 All Things Reform: Add your name to our Followers widget!

... Robert Wexler (2); rollovers (1); Ron Paul (2); Ross Perot (2); RSS (1); RTBA (1); rudy giuliani (1); rules (7); Russ Feingold (1); S.1 (2); S.1285 (6); S.1825 (1); S.2045 (1); S.223 (4); S.2291 (1); S.2321 (1); S.2663 (1) ...

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