Key Votes

HR 4040 - Consumer Product Safety Commission Bill - Key Vote

National Key Votes

Claire McCaskill voted Yea (Conference Report Vote) on this legislation.

Read recent statements Claire McCaskill made in this general time period.

Stages

Family

Issues

Stage Details

Legislation - Signed (Executive) - Became Public Law No. 110-314 -
Signed by President George Bush
Public Law No. 110-314

Legislation - Conference Report Adopted (Senate) (89-3) - (Key vote)

Title: Consumer Product Safety Commission Bill

Vote Smart's Synopsis:

Vote to adopt a conference report that increases funding for the Consumer Product Safety Commission and creates new consumer product safety standards.

Highlights:
  • Increases yearly appropriations for the Consumer Product Safety Commission to (Sec. 201):
    • $118.20 million for fiscal year (FY) 2010;
    • $115.64 million for FY 2011;
    • $123.99 million for FY 2012;
    • $131.78 million for FY 2013; and
    • $136.41 million for FY 2014.
  • Prohibits children's products from containing the following (Sec. 101):
    • 600 parts per million lead content by weight beginning 180 days after the enactment of this bill;
    • 300 parts per million lead content beginning 1 year after the enactment of this bill; and
    • 100 parts per million lead content by weight beginning 3 years after the enactment of this bill.
  • Prohibits the manufacturing of any toy or child care article that contains more than 0.1 percent of the following beginning 180 days after the enactment of this bill (Sec. 108):
    • di-(2-ethylhexyl);
    • phthalate (DEHP)
    • dibutyl phthalate (DBP); and
    • benzyl butyl phthalate (BBP) .
  • Prohibits the manufacturing of any child care article that can be placed in a child's mouth that contains more than 0.1 percent of the following beginning 180 days after the enactment of this bill (Sec. 108):
    • Diisononyl phthalate (DINP);
    • Diisodecyl phthalate (DIDP); and
    • Di-n-octyl phthalate (DnOP) ).
  • Mandates that manufacturers of children's products distribute prototypes of their products to a third party conformity assessment body to test them for compliance with the safety rules of this bill (Sec. 102).
  • Requires that manufacturers of children's products label the packaging of all products with permanent, distinguishing marks that identify the manufacturer and the location, date, and cohort information of production (Sec. 103).
  • Mandates that toys and games that are required to contain a cautionary statement due to small size or the small size of components shall also contain a cautionary statement on any advertisements in which they are featured (Sec. 105).
  • Mandates that 180 days after the enactment of this bill, safety standards from the ASTM International Standard F963-07 Consumer Safety Specifications for Toy Safety shall become official consumer product safety standards and requires the Commission to evaluate and update those standards 1 year after enactment if more stringent standards would further reduce the risk of injury of certain toys (Sec. 106).
  • Prohibits employers from discharging or discriminating against employees for providing the employer, the Federal Government, or the attorney general of a State with information regarding (Sec. 219):
    • Violations of consumer product safety standards;
    • For personally refusing to violate consumer product safety standards; or
    • For testifying in a proceeding about such violations or assisting with such a proceeding.
  • Prohibits the importation or commercial distribution of 3-wheeled all-terrain vehicles (ATVs) until a mandatory consumer product safety standard applicable to such vehicles is in effect (Sec. 232).
  • Increases the number of full-time personnel employed at the Commission to at least 500 by October 1, 2013, subject to the availability of appropriations (Sec. 202). 
  • Requires the Commission to establish a publicly available searchable database on the Internet featuring reports of safety hazards presented by consumer products (Sec. 212).
  • Requires that every importer, retailer, or distributor of a product shall identify the manufacturer of the product upon the request of an officer or designated employee of the Commission (Sec. 215).
See The Voting Record

Legislation - Conference Report Adopted (House) (424-1) -

Legislation - Bill Passed (Senate) (79-13) - (Key vote)

Title: Consumer Product Safety Commission Bill

Vote Smart's Synopsis:

Vote to expand the size, authority, and responsibilities of the Consumer Product Safety Commission and to establish new consumer product safety standards.

Highlights:
  • Raises the Consumer Product Safety Commission's budget each year until 2015, at which time the agency's budget would be $156 million (Sec. 3).
  • Increases the number of full-time personnel employed at the Consumer Product Safety Commission to at least 500 by 2013 (Sec. 4).
  • States that the presence of two members of the Consumer Product Safety Commission from different political parties shall constitute a quorum for the nine-month period after the enactment of this bill (Sec. 5).
  • Requires the Consumer Product Safety Commission to establish a searchable database featuring reports of safety hazards presented by consumer products (Sec. 7).
  • Mandates that children's products be tested by a third party laboratory to ensure that they meet safety standards (Sec. 10).
  • Requires that every importer, retailer, or distributor of a product shall identify the manufacturer of the product upon the request of an officer or designated employee of the Consumer Product Safety Commission (Sec. 14).
  • Raises maximum civil penalties for consumer product safety violations (Sec. 16).
  • Allows state attorneys general to take civil action against parties whose violation of consumer safety standards has affected the residents of their states (Sec. 20).
  • Provides legal protection for employees who provide information relating to consumer safety standard violations to the government, testify in court about such violations, or refuse to participate in activities that they reasonably believe to be in violation of regulations enforced by the Consumer Product Safety Commission (Sec. 21).
  • Bans children's products containing more than trace amounts of lead, defined as 0.03 percent by weight (Sec. 22).
Note:

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

See The Voting Record

Legislation - Bill Passed (House) (407-0) -

Legislation - Introduced (House) -

Title: Consumer Product Safety Commission Bill


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