Consumer Product Safety Modernization Act

To establish consumer product safety standards and other safety requirements for children's products and to reauthorize and modernize the Consumer Product Safety Commission.

3/6/2008--Passed Senate amended. CPSC Reform Act -
(Sec. 3) Amends the Consumer Product Safety Act to authorize appropriations:
(1) to carry out the Act and any other provision of law the Consumer Product Safety Commission (CPSC) is authorized or directed to carry out;
(2) for the office of Inspector General;
(3) to make capital improvements to the research, development, and testing facility of the CPSC; and
(4) for research into safety issues related to the use of nanotechnology in consumer products.
(Sec. 4) Requires the CPSC, subject to the availability of appropriations, to increase by at least 500 the number of its full-time employees and by at least 50 the number of its port-of-entry and overseas production facility inspectors. Requires the CPSC to develop and implement a professional career development program. Requires the CPSC to develop standards for training product safety inspectors and technical staff employed by the CPSC.
(Sec. 5) Urges the President to nominate members to fill any vacancy in CPSC membership as expeditiously as practicable. Removes a provision limiting the funding for the number of CPSC Commissioners to no more than three.
(Sec. 6) Adds CPSC annual, semiannual, and other regular periodic reports to the list of reports required to be submitted indefinitely under the Federal Reports Elimination and Sunset Act of 1995.
(Sec. 7) Modifies provisions concerning the public disclosure of information regarding a consumer product where disclosure will permit the public to ascertain readily the identity of the manufacturer or private labeler, including decreasing some waiting periods before the CPSC may disclose information and providing for expedited court actions. Requires the CPSC to maintain on its website a publicly available, searchable database that includes any reports received by the CPSC of injuries, illness, death, or risk of such injury, illness, or death related to the use of consumer products received by the CPSC from consumers, government agencies, and nongovernmental sources other than information provided to the CPSC by manufacturers, private labelers, or retailers. Allows inclusion in the database of comments by manufacturers, labelers, or retailers.
(Sec. 8) Modifies procedures for promulgating consumer product safety rules under the Consumer Product Safety Act or the Flammable Fabrics Act or regulations under the Federal Hazardous Substances Act. Allows, under the Consumer Product Safety Act, submission of an existing standard or portion of a standard as a proposed consumer product safety standard. Removes provisions providing that an action for judicial review of a flammability standard or regulation survives any change in the persons occupying the office of CPSC commissioner or any vacancy in such office.
(Sec. 9) Expands the authority of the CPSC to prohibit the stockpiling of a product (for the purpose of circumventing a consumer product safety rule) to which a consumer product safety rule applies.
(Sec. 10) Requires third party laboratory testing (and related certification) of certain products for use by, or care of, a child seven or younger that are subject to a consumer product safety standard or a rule. Requires, if an advertisement, label, or package contains a reference to a consumer product safety standard, that there be a statement regarding whether the product meets all requirements of that standard.
Requires the CPSC, with regard to consumer products in general and children's products in particular, to:
(1) establish protocols and standards regarding certification or continuing guarantees of compliance; and
(2) provide for accreditation of the third party laboratories. Prohibits importation of children's products lacking certification. Authorizes the CPSC, by rule, to extend to other consumer products (or to classes or categories of consumer products) a requirement that a product's manufacturer subject to a consumer product safety standard certify that the product conforms to the standard or is not a banned hazardous product. Allows the CPSC, in establishing standards for such third party laboratories, to consider standards and protocols by independent standard-setting organizations. Requires that the final standard for certification incorporate the most current scientific and technological standards and techniques.
(Sec. 11) Amends the Federal Hazardous Substances Act to require, when a product's packaging or retail display must include a choking warning (as with balloons, small balls, or marbles), that associated advertising that provides a direct means of purchase (including on Internet sites or in catalogs or other distributed materials) also bear the warning. Treats that requirement as a consumer product safety standard. Requires the manufacturer of a children's product or other consumer product to place distinguishing marks on the product or its packaging that will enable the ultimate purchaser to ascertain the manufacturer, production time period, and cohort of production.
(Sec. 12) Requires each manufacturer of a consumer product or other product or substance over which the CPSC has jurisdiction under any Act (except for motor vehicle equipment) to notify the CPSC of certain substantial product hazards. (Current law requires such notification only regarding a consumer product, but makes no reference to other products or substances over which the CPSC has jurisdiction.)
(Sec. 13) Modifies requirements regarding action plans of manufacturers, distributors, or retailers to deal with products that present a substantial hazard.

(Sec. 14) Requires manufacturers and their subcontractors, importers, retailers, or distributors of a product or substance to identify each other upon CPSC request.
(Sec. 15) Makes it unlawful to sell, offer for sale, manufacture, distribute, or import any product or substance regulated under any Act enforced by the CPSC that is not in conformity with an applicable consumer product safety standard, is subject to voluntary corrective action, is subject to an order issued under provisions relating to imminent hazards or substantial product standards, or has been designated a banned hazardous substance under the Federal Hazardous Substances Act. Authorizes the CPSC, notwithstanding any other provision of law, to prohibit the export of a product or substance that is:
(1) not in conformity with applicable CPSC requirements and does not violate applicable safety standards established by the importing country;
(2) subject to an order issued under provisions relating to imminent hazards or substantial product standards, or has been designated a banned hazardous substance under the Federal Hazardous Substances Act; or
(3) subject to voluntary corrective action taken by the manufacturer, subject to exception. Prohibits selling, offering for sale, distributing, or importing any consumer product bearing a registered safety certification mark owned by an accredited conformity assessment body if use of the mark is (or should have been) known to be unauthorized. Prohibits exercising or attempting to exercise undue influence on a third party laboratory.
(Sec. 16) Increases the maximum civil penalties under the Consumer Product Safety Act, the Federal Hazardous Substances Act, and the Flammable Fabrics Act. Requires a finding of aggravated circumstances in order to impose a civil penalty over $10 million. Modifies criminal penalties under those Acts. Adds mitigation of undue adverse economic impacts on small businesses to the factors to be considered in determining the amount of civil penalties.
(Sec. 17) Prohibits changing, by rule or regulation (or by reference in any preamble, statement of policy, executive branch statements, or other matter associated with the publication of any such rule or regulation), provisions of the Consumer Product Safety Act, the Federal Hazardous Substances Act, the Flammable Fabrics Act, and the Poison Packaging Prevention Act of 1970 that establish the extent to which those Acts preempt or otherwise affect any other federal, state, or local law, any rule or regulation, or any state cause of action.
(Sec. 18) Authorizes the CPSC to make certain information obtained by the CPSC available to any federal, state, local, or foreign government agency, provided there is an agreement that the information will be maintained in confidence and used only for law enforcement or consumer protection.
(Sec. 19) Authorizes the CPSC, by rule, to require the posting of an escrow, proof of insurance, or security by manufacturers, distributors, or persons who have committed multiple significant violations of any CPSC-enforced Act in an amount sufficient to cover recall or holding and destruction costs.
(Sec. 20) Allows states to bring actions to enforce any Act enforced by the CPSC, except during the pendency of an action brought by the CPSC. Regulates the use of information by private counsel retained to assist a state.
(Sec. 21) Creates protections for public and private sector whistle-blowers. Allows a court to grant all relief necessary to make the employee whole, including injunctive relief, compensatory damages, reinstatement, back pay (with interest), compensation for any special damages, litigation costs, expert witness fees, and reasonable attorney fees.
(Sec. 22) Treats any children's product designed or intended for use by, or care of, a child seven or younger that contains lead over a specified level as a banned hazardous substance under the Federal Hazardous Substances Act. Excludes components that are not accessible to a child and will not become physically exposed through normal and reasonably foreseeable product use and abuse. Prohibits considering paint, coatings, or electroplating to be a barrier that would render lead in the substrate inaccessible to a child. Allows the CPSC to exclude lead crystal. Requires the CPSC, if it determines it is not feasible for electronic devices, including batteries, to comply with that requirement, to issue standards and establish a schedule for full compliance. Allows the CPSC to establish more stringent levels than those specified in this Act. Lowers the lead threshold at which paint becomes a banned hazardous product.
(Sec. 23) Requires the CPSC to study the feasibility of establishing a measurement standard based on a units-of-mass-per-area standard that is statistically comparable to the parts-per-million measurement standard now used in laboratory analysis.
(Sec. 24) Requires the Government Accountability Office (GAO) to study disparities in the risks and incidence of preventable injuries and deaths among minority children related to products intended for use by children. Requires a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. Authorizes appropriations.
(Sec. 25) Amends the Poison Prevention Packaging Act of 1970 to prohibit construing provisions relating to household substance special packaging to protect children to require a cost-benefit analysis in connection with the establishment of a standard.
(Sec. 26) Requires the CPSC's Inspector General to conduct reviews and audits of implementation of the Consumer Product Safety Act by the CPSC and report annually to the CPSC, the Senate Committee on Commerce, Science, and Transportation, and the House of Representatives Committee on Energy and Commerce. Requires the Inspector General to review CPSC employee complaints about failures of other employees to properly enforce rules or regulations of any Act enforced by the CPSC and the process by which corrective action plans are negotiated with such employees and report to the CPSC and such committees. Requires the Inspector General to review whether, and to what extent, there have been unauthorized and unlawful disclosures of information by CPSC Members, officers, or employees to CPSC-regulated persons that are not authorized to receive such information and report to the CPSC and such committees.
(Sec. 27) Requires the CPSC to establish and maintain:
(1) on its home page a direct link to the CPSC's Office of Inspector General; and
(2) on the home page of its Inspector General website a mechanism by which individuals may anonymously report cases of waste, fraud, or abuse regarding the CPSC.
(Sec. 28) Establishes, as a consumer product safety rule, a requirement that each portable gasoline container conform to the child-resistance requirements in a specified standard issued by ASTM International.
(Sec. 29) Considers a specified ASTM-International standard on toy safety to be a consumer product safety rule.
(Sec. 30) Requires the CPSC, notwithstanding any other provision of law, to establish as a mandatory consumer product safety standard a specified American National Standard for four-wheeled all-terrain vehicles developed by the Specialty Vehicle Institute of America. Makes it unlawful for any manufacturer or distributor to import or distribute any new all-terrain vehicle unless:
(1) the vehicle complies with the standard, is subject to an all-terrain vehicle action plan, and bears a label certifying such compliance and certain other information; and
(2) the manufacturer or distributor is in compliance with the action plan. Prohibits the importation of new three-wheeled all-terrain vehicles until a mandatory consumer product safety rule applicable to three-wheeled all-terrain vehicles is in effect.
Requires the Comptroller General to study the utility, recreational, and other benefits of certain all-terrain vehicles and the costs associated with accidents and injuries involving all-terrain vehicles.
(Sec. 31) Requires, notwithstanding specified provisions of the Consumer Product Safety Improvement Act of 1990 or any amendment by the American National Standards Institute and Underwriters Laboratories of specified standards, that all automatic residential garage door operators that directly drive the door in the closing direction include an external secondary entrapment protection device that does not require contact with a person or object for the garage door to reverse. Provides for an exception, requires the CPSC to review and if necessary revise its standard, and eliminates the exception if the revised standard adopts the requirement of the first sentence of this paragraph.
(Sec. 32) Sets a deadline for the CPSC to issue a final rule in a specified proceeding relating to portable generators. Requires the CPSC to report to the Senate Committee on Commerce, Science, and Transportation regarding charcoal briquettes.
(Sec. 33) Sets a deadline for the CPSC to issue a final rule mandating general safety standards for cigarette lighters in specified proceedings.
(Sec. 34) Danny Keysar Child Product Safety Notification Act - Requires the CPSC to assess the effectiveness of any voluntary consumer product safety standards for durable products for children under five years of age and promulgate consumer product safety rules that are the same or more stringent than the voluntary standards. Makes it unlawful for any commercial user (including, but not limited to hotels, motels, or similar transient lodging facilities and day care centers) to manufacture, sell, lease, or otherwise place in the stream of commerce any new or used crib, including a portable crib and a crib-pen, that is not in compliance with the mandatory rule. Requires the CPSC to promulgate final consumer product safety rules that require manufacturers of durable products for children under five years to:
(1) provide consumers with postage-paid consumer registration forms with each such product and maintain the submitted information in order to improve recall effectiveness; and
(2) permanently label the product with information about the manufacturer and product. Requires the CPSC to study, and report to Congress on, the effectiveness of such rules in facilitating product recalls. Allows a manufacturer of such durable products to use a recall notification technology in lieu of such registration forms if the CPSC finds that the technology is at least as effective as the forms. Requires the CPSC to review recall notification technology and report to Congress.
(Sec. 35) Repeals provisions allowing the CPSC to regulate a product under the Consumer Product Safety Act (if the product has a risk of injury which could be reduced to a sufficient extent by action under the under the Federal Hazardous Substances Act, the Poison Prevention Packaging Act of 1970, or the Flammable Fabrics Act) only if the CPSC by rule finds that it is in the public interest to do so.
(Sec. 36) Requires the CPSC to enter into a memorandum of understanding with the Secretary of Homeland Security for the assignment by the Commission of at least one full-time equivalent personnel to work at the National Targeting Center of the U.S. Customs and Border Protection to identify products intended for importation that pose a high risk to consumer safety. Allows the CPSC to waive that requirement if it determines that the assignment would not improve effectiveness in identifying such products before importation.
(Sec. 37) Requires the CPSC to develop a risk assessment methodology for identification of shipments of consumer products that are intended for import and would be refused admission under specified provisions of the Consumer Product Safety Act, including, as far as practicable, using the International Trade Data System (ITDS) to evaluate and assess information before shipments enter U.S. customs territory. Authorizes appropriations.
(Sec. 38) Requires the CPSC to publish a list of product defects that constitute a substantial product hazard. Replaces provisions requiring the exportation (or, on application, destruction) of imports refused admission with provisions requiring the Secretary of Homeland Security to destroy any product refused admission unless the product is exported within a specified period after refusal. Requires (currently, allows) the CPSC, by rule, to condition importation of a consumer product on the manufacturer's compliance with certain inspection and record keeping requirements. Requires (currently, allows) the CPSC to provide information to other federal agencies with which it is cooperating under an existing permanent surveillance program to prevent the entry of unsafe consumer products. Prohibits construing this section to prevent the Secretary of Homeland Security from prohibiting entry or directing the destruction or export of a consumer product under any other provision of law. Replaces all references to the Secretary of the Treasury in provisions relating to imported products with references to the Secretary of Homeland Security.
(Sec. 39) Requires the CPSC to:
(1) establish and maintain a database with information about violations of consumer product safety rules, including related statements by manufacturers or suppliers; and
(2) make the database available on a real-time basis to the Commissioner responsible for the U.S. Customs and Border Protection of the Department of Homeland Security 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. Prohibits other disclosure of the information, except for law enforcement or national security. Prohibits the CPSC and the Commissioner responsible for the U.S. Customs and Border Protection of the Department of Homeland Security from imposing a civil or criminal penalty solely on the basis of information from the database. Authorizes appropriations.
(Sec. 40) Treats any children's toy or child care article that contains any combination of specified phthalates as a banned hazardous substance under the Federal Hazardous Substances Act. Prohibits certain alternatives to those phthalates. Allows certain related state or local laws.
(Sec. 41) Requires the CPSC to establish a standard for equestrian helmets.
(Sec. 42) Authorizes the CPSC, if it finds that a product presents a substantial hazard, and that certain actions under existing provisions are in the public interest, to order a manufacturer, distributor, or retailer to distribute notice of the actions to the public. Specifies the required contents of the notice. Allows the CPSC to require that a notice be distributed in a language other than English if the CPSC determines that doing so is necessary to adequately protect the public. Requires the CPSC to make certain information available to the public as the information becomes available to the CPSC, including progress reports and incident updates, statistics regarding injuries and deaths, and certain communications from consumers to the CPSC.
(Sec. 43) Requires the Comptroller General to:
(1) assess the effectiveness of the authorities and provisions of the Consumer Product Safety Act in preventing unsafe consumer products from entering U.S. customs territory;
(2) develop a plan to improve effectiveness; and
(3) report to Congress regarding inspection of foreign manufacturing plants by the CPSC and requiring foreign manufacturers to consent to the jurisdiction of U.S. courts regarding CPSC enforcement actions.
(Sec. 44) Bans importation of toys manufactured by companies that have shown a persistent pattern substantial product hazards or that present a risk of injury to the public of such a magnitude that the CPSC has determined that a permanent ban on all toys manufactured by such company is equitably justified. Requires a related annual report to Congress.
(Sec. 45) Requires the CPSC to conduct a study on the use of formaldehyde in the manufacture of textile and apparel articles, or in any component of such articles, to identify any risks to consumers.


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Sponsor

• Rep. Bobby Rush [D, IL-1]
• and 106 Co-Sponsors
  • Rep. Gary Ackerman [D, NY-5]
  • Rep. Thomas Allen [D, ME-1]
  • Rep. Jason Altmire [D, PA-4]
  • Rep. Tammy Baldwin [D, WI-2]
  • Rep. John Barrow [D, GA-12]
  • Rep. Joe Barton [R, TX-6]
  • Rep. Melissa Bean [D, IL-8]
  • Rep. Robert Berry [D, AR-1]
  • Rep. Sanford Bishop [D, GA-2]
  • Rep. Madeleine Bordallo [D, GU-0]
  • Rep. Frederick Boucher [D, VA-9]
  • Rep. F. Allen Boyd [D, FL-2]
  • Rep. Nancy Boyda [D, KS-2]
  • Rep. Michael Burgess [R, TX-26]
  • Rep. George Butterfield [D, NC-1]
  • Rep. Lois Capps [D, CA-23]
  • Rep. Dennis Cardoza [D, CA-18]
  • Rep. Kathy Castor [D, FL-11]
  • Rep. Yvette Clarke [D, NY-11]
  • Rep. William Clay [D, MO-1]
  • Rep. Emanuel Cleaver [D, MO-5]
  • Rep. James Clyburn [D, SC-6]
  • Rep. Joe Courtney [D, CT-2]
  • Rep. Elijah Cummings [D, MD-7]
  • Rep. Danny Davis [D, IL-7]
  • Rep. Peter DeFazio [D, OR-4]
  • Rep. Diana DeGette [D, CO-1]
  • Rep. John Dingell [D, MI-15]
  • Rep. Joe Donnelly [D, IN-2]
  • Rep. Michael Doyle [D, PA-14]
  • Rep. Keith Ellison [D, MN-5]
  • Rep. Rahm Emanuel [D, IL-5]
  • Rep. Eliot Engel [D, NY-17]
  • Rep. Sam Farr [D, CA-17]
  • Rep. Jeffrey Fortenberry [R, NE-1]
  • Rep. Gabrielle Giffords [D, AZ-8]
  • Rep. Kirsten Gillibrand [D, NY-20]
  • Rep. Charles Gonzalez [D, TX-20]
  • Rep. Barton Gordon [D, TN-6]
  • Rep. Al Green [D, TX-9]
  • Rep. Raymond Green [D, TX-29]
  • Rep. John Hall [D, NY-19]
  • Rep. Phil Hare [D, IL-17]
  • Rep. Jane Harman [D, CA-36]
  • Rep. Alcee Hastings [D, FL-23]
  • Rep. Stephanie Herseth Sandlin [D, SD-0]
  • Rep. Baron Hill [D, IN-9]
  • Rep. Rubén Hinojosa [D, TX-15]
  • Rep. Paul Hodes [D, NH-2]
  • Rep. Michael Honda [D, CA-15]
  • Rep. Darlene Hooley [D, OR-5]
  • Rep. Jay Inslee [D, WA-1]
  • Rep. Sheila Jackson-Lee [D, TX-18]
  • Rep. Eddie Johnson [D, TX-30]
  • Rep. Henry Johnson [D, GA-4]
  • Rep. Marcy Kaptur [D, OH-9]
  • Rep. Dale Kildee [D, MI-5]
  • Rep. Nicholas Lampson [D, TX-22]
  • Rep. James Langevin [D, RI-2]
  • Rep. John Larson [D, CT-1]
  • Rep. Barbara Lee [D, CA-9]
  • Rep. Daniel Lipinski [D, IL-3]
  • Rep. Nita Lowey [D, NY-18]
  • Rep. Tim Mahoney [D, FL-16]
  • Rep. Jim Matheson [D, UT-2]
  • Rep. Doris Matsui [D, CA-5]
  • Rep. Carolyn McCarthy [D, NY-4]
  • Rep. Jerry McNerney [D, CA-11]
  • Rep. Michael McNulty [D, NY-21]
  • Rep. Charles Melancon [D, LA-3]
  • Rep. Dennis Moore [D, KS-3]
  • Rep. James Moran [D, VA-8]
  • Rep. Christopher Murphy [D, CT-5]
  • Rep. Edward Pastor [D, AZ-4]
  • Rep. Ed Perlmutter [D, CO-7]
  • Rep. Earl Pomeroy [D, ND-0]
  • Rep. Dave Reichert [R, WA-8]
  • Rep. Silvestre Reyes [D, TX-16]
  • Rep. Laura Richardson [D, CA-37]
  • Rep. Mike Ross [D, AR-4]
  • Rep. Loretta Sanchez [D, CA-47]
  • Rep. John Sarbanes [D, MD-3]
  • Rep. Janice Schakowsky [D, IL-9]
  • Rep. Robert Scott [D, VA-3]
  • Rep. Joe Sestak [D, PA-7]
  • Rep. Carol Shea-Porter [D, NH-1]
  • Rep. Albio Sires [D, NJ-13]
  • Rep. Hilda Solis [D, CA-32]
  • Rep. Zackary Space [D, OH-18]
  • Rep. Clifford Stearns [R, FL-6]
  • Rep. Bart Stupak [D, MI-1]
  • Rep. Betty Sutton [D, OH-13]
  • Rep. Ellen Tauscher [D, CA-10]
  • Rep. Bennie Thompson [D, MS-2]
  • Rep. Edolphus Towns [D, NY-10]
  • Rep. Christopher Van Hollen [D, MD-8]
  • Rep. Peter Visclosky [D, IN-1]
  • Rep. Greg Walden [R, OR-2]
  • Rep. James Walsh [R, NY-25]
  • Rep. Debbie Wasserman Schultz [D, FL-20]
  • Rep. Henry Waxman [D, CA-30]
  • Rep. Peter Welch [D, VT-0]
  • Rep. Edward Whitfield [R, KY-1]
  • Rep. Charles Wilson [D, OH-6]
  • Rep. Lynn Woolsey [D, CA-6]
  • Rep. Albert Wynn [D, MD-4]
  close

Committees

• House Energy and Commerce
• 2 more
  • House Energy and Commerce
  • House Energy and Commerce
  close

Amendments

This bill has no amendments.

Amendments to H.R.4040

Number	Status	Purpose

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		This Bill Has Become Law
November 01, 2007		December 19, 2007		March 06, 2008		August 14, 2008		August 14, 2008

Latest Vote

July 31, 2008Roll call number 193 in the Senate
Question: On the Conference Report (H.R. 4040 Conference Report )
Required percentage of 'Aye' votes: 1/2 (50%)	Percentage of 'aye' votes: 89%	Result: Conference Report Agreed to

Democrats Voting 'Aye'

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Sen. Daniel Akaka [D, HI]
Sen. Max Baucus [D, MT]
Sen. B. 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. Robert Byrd [D, WV]
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. John Kerry [D, MA]
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 Menendez [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. 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. Lamar Alexander [R, TN]
Sen. Wayne Allard [R, CO]
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. C. Saxby Chambliss [R, GA]
Sen. Thad Cochran [R, MS]
Sen. Susan Collins [R, ME]
Sen. Bob Corker [R, TN]
Sen. John Cornyn [R, TX]
Sen. Larry Craig [R, ID]
Sen. Michael Crapo [R, ID]
Sen. Elizabeth Dole [R, NC]
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. Richard Lugar [R, IN]
Sen. Mel Martinez [R, FL]
Sen. Mitch McConnell [R, KY]
Sen. Lisa Murkowski [R, AK]
Sen. Pat Roberts [R, KS]
Sen. Jefferson Sessions [R, AL]
Sen. Richard Shelby [R, AL]
Sen. Gordon Smith [R, OR]
Sen. Olympia Snowe [R, ME]
Sen. Arlen Specter [R, PA]
Sen. Ted Stevens [R, AK]
Sen. John Sununu [R, NH]
Sen. John Thune [R, SD]
Sen. David Vitter [R, LA]
Sen. George Voinovich [R, OH]
Sen. John Warner [R, VA]
Rep. Roger Wicker [R, MS-1]

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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. Thomas Coburn [R, OK]
Sen. Jim DeMint [R, SC]
Sen. Jon Kyl [R, AZ]

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Others Voting 'Nay'

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Democrats Voting 'Abstain'

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Sen. Hillary Clinton [D, NY]
Sen. Edward Kennedy [D, MA]
Sen. Amy Klobuchar [D, MN]
Sen. Barack Obama [D, IL]

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Republicans Voting 'Abstain'

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Sen. Norm Coleman [R, MN]
Sen. Pete Domenici [R, NM]
Sen. Charles Hagel [R, NE]
Sen. John McCain [R, AZ]

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Others Voting 'Abstain'

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See Full Voting History (6 votes)Hide Voting History     Show All Actions (58 actions)Hide Actions

Voting History

Date	Chamber	Question	Aye	Nay	Result
July 31, 2008	Senate	H.R.4040 Consumer Product Safety Modernization Act On the Conference Report (H.R. 4040 Conference Report )	89	3	Conference Report Agreed to	See Vote
July 30, 2008	House	H.R.4040 Consumer Product Safety Modernization Act On Motion to Suspend the Rules and Agree to the Conference Report: H R 4040 Consumer Product Safety Commission Reform Act	424	1	Passed	See Vote
June 25, 2008	House	H.R.4040 Consumer Product Safety Modernization Act On Motion to Instruct Conferees: H R 4040 Consumer Product Safety Commission Reform Act	415	0	Passed	See Vote
May 14, 2008	House	H.R.4040 Consumer Product Safety Modernization Act On Motion to Instruct Conferees: H R 4040 Consumer Product Saftey Commission Reform Act	405	0	Passed	See Vote
March 06, 2008	Senate	H.R.4040 Consumer Product Safety Modernization Act On Passage of the Bill (H.R. 4040 As Amended )	79	13	Bill Passed	See Vote
December 19, 2007	House	H.R.4040 Consumer Product Safety Modernization Act On Motion to Suspend the Rules and Pass, as Amended: H R 4040 Consumer Product Safety Modernization Act	407	0	Passed	See Vote

All Bill Actions

• Aug 31, 2008. Cleared for White House.
• Enacted on Aug 14, 2008. Became Public Law No: 110-314.
• Signed on Aug 14, 2008.
• Aug 06, 2008. Presented to President.
• Jul 31, 2008. Cleared for White House.
• Jul 31, 2008: Message on Senate action sent to the House.
• Unknown action
• Jul 31, 2008: Conference report considered in Senate.
• Jul 30, 2008: On motion to suspend the rules and agree to the conference report Agreed to by the Yeas and Nays: (2/3 required): 424 - 1 (Roll no. 543).
• Jul 30, 2008: Motions to reconsider laid on the table Agreed to without objection.
• Jul 30, 2008: The House proceeded to consider the conference report H.Rept. 110-787 as unfinished business.
• Jul 30, 2008: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
• Jul 30, 2008: DEBATE - Mr. Dingell asked unanimous consent that debate on the motion to suspend the rules and pass the conference report to accompany H.R. 4040 be extended by 20 minutes, equally divided and controlled. Agreed to without objection.
• Jul 30, 2008: DEBATE - The House proceeded with forty minutes of debate on the conference report to accompany H.R. 4040.
• Jul 30, 2008: Mr. Dingell moved to suspend the rules and agree to the conference report, H. Rept. 110-787.
• Jul 30, 2008: Conference papers: Senate report and manager's statement and message on House action held at the desk in Senate.
• Jul 29, 2008: Conference report H. Rept. 110-787 filed.
• Jul 17, 2008: Conference held.
• Jun 25, 2008: On motion that the House instruct conferees Agreed to by the Yeas and Nays: 415 - 0 (Roll no. 461).
• Jun 25, 2008: Conference held.
• Jun 24, 2008: POSTPONED PROCEEDINGS - At the conclusion of debate on the Kirk motion to instruct conferees on H.R. 4040, the Chair put the question on adoption of the motion to instruct conferees and by voice vote, announced that the noes had prevailed. Mr. Kirk demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
• Jun 24, 2008: The previous question was ordered without objection.
• Jun 24, 2008: DEBATE - The House proceeded with one hour of debate on the Kirk motion to instruct conferees on H.R. 4040. The instructions contained in the motion seek to insist on the provisions contained in the House bill with regard to the definition of "children's product".
• Jun 24, 2008: Mr. Kirk moved that the House instruct conferees.
• Jun 23, 2008: NOTICE OF INTENT TO OFFER MOTION TO INSTRUCT - Mr. Kirk notified the House of his intent to offer a motion to instruct conferees on H.R. 4040.
• May 14, 2008: The Speaker appointed conferees: Dingell, Waxman, Rush, DeGette, Schakowsky, Barton (TX), Whitfield (KY), and Stearns.
• May 14, 2008: On motion that the House instruct conferees Agreed to by the Yeas and Nays: 405 - 0 (Roll no. 320).
• May 14, 2008: The previous question was ordered without objection.
• May 14, 2008: The House proceeded with one hour of debate on the Whitfield motion to instruct conferees on H.R. 4040. The instructions contained in the motion seek to require the managers on the part of the House be instructed to insist upon the provisions contained in the House bill.
• May 14, 2008: Mr. Whitfield (KY) moved that the House instruct conferees.
• May 14, 2008: On motion that the House disagree to the Senate amendment, and agree to a conference Agreed to without objection.
• May 14, 2008: Mr. Dingell moved that the House disagree to the Senate amendment, and agree to a conference.
• Apr 30, 2008: Committee on Appropriations Subcommittee on Financial Services and General Government. Hearings held.
• Apr 30, 2008: Message on Senate action sent to the House.
• Apr 29, 2008: Senate insists on its amendment, asks for a conference, appoints conferees Inouye; Pryor; Boxer; Klobuchar; Stevens; Hutchison; Sununu.
• Mar 06, 2008: See also S.2663.
• Passed roll in the Senate on Mar 06, 2008. Passed Senate in lieu of S.2663 with an amendment by Yea-Nay. 79 - 13. Record Vote Number: 41. (text: CR 3/7/2008 S1768-1781)
• Mar 06, 2008: Senate struck all after the Enacting Clause and substituted the language of S.2663 amended.
• Mar 06, 2008: Measure laid before Senate by unanimous consent.
• Passed roll in the Senate on Mar 06, 2008. Passed Senate in lieu of S.2663 with an amendment by Yea-Nay. 79 - 13. Record Vote Number: 41.
• Added to calendar on Jan 23, 2008: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 562..
• Passed roll in the House on Dec 19, 2007. On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 407 - 0 (Roll no. 1185).
• Dec 19, 2007: Considered as unfinished business.
• Dec 19, 2007: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
• Dec 19, 2007: DEBATE - The House proceeded with forty minutes of debate on H.R. 4040.
• Dec 19, 2007: Considered under suspension of the rules.
• Dec 19, 2007: Mr. Rush moved to suspend the rules and pass the bill, as amended.
• Added to calendar on Dec 19, 2007: Placed on the Union Calendar, Calendar No. 306..
• Dec 19, 2007: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 110-501.
• Dec 19, 2007: Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
• Added to calendar on Dec 18, 2007: Ordered to be Reported (Amended) by the Yeas and Nays: 51 - 0..
• Dec 18, 2007: Committee Consideration and Mark-up Session Held.
• Dec 13, 2007: Committee Consideration and Mark-up Session Held.
• Nov 15, 2007: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
• Nov 15, 2007: Subcommittee Consideration and Mark-up Session Held.
• Nov 02, 2007: Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
• Nov 01, 2007: Referred to the House Committee on Energy and Commerce.
• Introduced on Nov 01, 2007.

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Related Bills:

• S.2045
• S.2663

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In the News

August 17, 2008 Orangeburg's Harrison watches history in the making as Clyburn's ...

... and HR 4040-The Conference Report on the Consumer Product Safety Improvement Act. These bills garnered bipartisan support and passed 326-102 and 424-1. ...

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Source: Orangeburg Times Democrat, SC

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August 15, 2008 NEMA commends Congress for strengthening CPSC.

August 15, 2008 - Prior to adjourning for summer district work period, US House of Representatives and Senate overwhelmingly approved legislation HR 4040 to ...

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August 14, 2008 Bush signs product safety law

HR 4040, which Congress approved last month, reauthorizes the commission for fiscal years 2010-2014, the White House said in a statement. ...

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Blog Coverage

August 29, 2008 Employees Gain Whistleblower Protection Under New Consumer Product ...

Whistleblower protection was given to employees in the retail and manufacturing sectors under the new federal Consumer Product Safety Improvement Act of 2008 (HR 4040) (“Act”). The Act, signed by President George W. Bush on August 14, ...

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August 28, 2008 Consumer Product Safety Improvement Act of 2008 Approved by ...

President Bush has signed the "Consumer Product Safety Improvement Act of 2008" (HR 4040) into law as Public Law No. 110-314.

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August 20, 2008 CPSC Reform Legislation Before President for Signing into Law

On Wednesday, July 30, HR 4040, the conference report to the "Consumer Product Safety Improvement Act of 2008" passed in the House of Representatives by a vote of 424 - 1.

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