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Tags: accom, act conference, chil dren, consumer product safety, consumer product safety commission, cpsa, cpsc, ference, improvement act, modernization act, product safety act, product safety commission, product safety standards, reform act, safety improvement, safety modernization, safety requirements, section 1, senate amendment, xywrite,
Pages: 13
Language: english
Created: Mon Jul 28 18:53:26 2008

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JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF
CONFERENCE
The managers on the part of the House and Senate at the con-
ference on the disagreeing vote of the two Houses on the amend-
ment of the Senate to the bill (H.R. 4040), to establish consumer
product safety standards and other safety requirements for chil-
dren's products and to reauthorize and modernize the Consumer
Product Safety Commission, submit the following joint statement to
the House and Senate in explanation of the effects of the action
agreed upon by the managers and recommended in the accom-
panying report.
1. SHORT TITLE

House bill
Section 1: ``Consumer Product Safety Modernization Act''.
Senate amendment
Section 1: ``CPSC Reform Act''.
Conference substitute
Section 1: ``Consumer Product Safety Improvement Act of 2008''.
2. REFERENCES

House bill
Section 2: Defines ``Commission'' as meaning the Consumer Prod-
uct Safety Commission (Commission), provides that amendments in
the Act are to the Consumer Product Safety Act (CPSA) except as
otherwise provided, and defines ``rule'' as meaning a rule, standard,
ban, or order under any Act enforced by the Commission.
Senate amendment
Section 2: Provides that amendments in the Act are to the CPSA
except as otherwise provided.
Conference substitute
Section 2: Adds definition of ``appropriate Congressional commit-
tees'' as meaning the House of Representatives Committee on En-
ergy and Commerce and the Senate Committee on Commerce,
Science, and Transportation. Deletes definition of ``rule''.
3. AUTHORITY TO USE IMPLEMENTING REGULATIONS

House bill
Section 3: Authorizes Commission to issue implementing regula-
tions for the Act and amendments made by the Act.
Senate amendment
No provision.
Conference substitute
Section 3: House provision.

(1)

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4. PRODUCT SAFETY IMPROVEMENTS AND COMMISSION REFORM

TITLE I--CHILDREN'S PRODUCT SAFETY
Section 101. Children's Products Containing Lead; Lead Paint Rule.
The Conferees agreed to modified language that is similar to the
provisions in the House bill and the Senate amendment. The Con-
ference Report ultimately requires that the Commission lower the
permissible lead level in children's products to the lowest amount
that is technologically feasible. This section provides a definition of
technologically feasible, and includes a provision identifying alter-
native practices, best practices, or other operational changes that
would allow a manufacturer to comply with the lead limit. The in-
tent of this alternative and best practices provision is to require
manufacturers to use better methods of producing a product that
can be achieved without the need for major technological advances,
such as taking steps to better clean equipment or the factory, or
to make changes in operation, maintenance, or other practices that
can reduce or eliminate lead in the product. The Conference Report
also establishes a more stringent lead paint limit.
The Conferees acknowledge that several Federal agencies are
charged with protecting children from lead. Historically, lead in
public water systems has been governed by the Environmental Pro-
tection Agency under the Safe Drinking Water Act and its Lead
and Copper Rule. The Conferees do not wish to alter that author-
ity. A child may be exposed to lead through drinking fountains and
faucets designed or intended primarily for use by children, such as
for use in schools and daycare facilities. In any action under this
Conference Report and the CPSA to address the specific issue of
lead in drinking fountains and faucets that are designed or in-
tended primarily for use by children, such as in schools and
daycare facilities, the Conferees wish that both agencies work col-
laboratively to protect the health of our children from the dangers
posed by lead exposure.
Section 102. Mandatory Third Party Testing for Certain Children's
Products.
The Conferees agreed to modified language that is similar to the
provisions in the House bill and the Senate amendment, requiring
third party testing of certain children's products. The Conferees in-
tend that the accreditation structure for governmental participa-
tion will apply equally to all entities, be they domestic, non-domes-
tic, joint ventures, or entities controlled in whole by a government.
It is not the intention of the Conferees that the subsection restrict
equal participation of entities which are not controlled in whole by
a government.
Section 103. Tracking Labels for Children's Products.
The Conferees agreed to modified language that is similar to the
provisions in the House bill and the Senate amendment. The Con-
ference Report would require manufacturers of children's products
to place distinguishing marks on a product and its packaging, to
the extent practicable, that would enable the purchaser to ascer-
tain the source, date, and cohort (including the batch, run number,
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or other identifying characteristic) of production of the product by
reference to those marks. To the extent that small toys and other
small products are manufactured and shipped without individual
packaging, the Conferees recognize that it may not be practical for
a label to be printed on each item. The packaging of the bulk ship-
ment of those items, however, would be required to be labeled so
that retailers and vendors would be able to easily identify products
that are recalled.
Section 104. Standards and Consumer Registration of Durable
Nursery Products.
The Conferees agreed to modified language that is similar to the
provisions in the House bill and the Senate amendment. The Con-
ference Report requires the Commission to promulgate rules to en-
sure the highest level of safety for durable infant and toddler prod-
ucts. The Conference Report also establishes new requirements for
registration forms for these products and requires the Commission
to review and assess the effectiveness of alternative recall notifica-
tion technologies.
Section 105. Labeling Requirement for Advertising Toys and Games.
The Conferees agreed to modified language that is similar to lan-
guage in the House bill and the Senate amendment, requiring a
cautionary statement to be displayed with certain advertisements.
Section 106. Mandatory Toy Safety Standards.
The Conferees agreed to modified language that would make the
American Society for Testing and Materials (ASTM) International
standard F963-07, as it exists on the date of enactment of this Con-
ference Report (except for section 4.2 and Annex 4 or any provision
that restates or incorporates an existing mandatory standard or
ban promulgated by the Commission or by statute), an interim con-
sumer product safety standard pending evaluation by the Commis-
sion. The Commission shall establish the mandatory standards by
rule after the relevant components of the rule are evaluated.
In conducting the evaluation required under this section, the
Conferees direct the Commission to conduct a study of injuries and
deaths related to toy guns and current safety standards applicable
to toy guns, and consider the adoption of a consumer product safety
rule providing for more distinctive marking of toy guns to distin-
guish them from actual firearms.
The Conference Report requires the Commission to promulgate
rules to ensure the highest level of safety for toys. The Conferees
direct the Commission to designate as quickly as possible the form
and manner for States to notify the Commission of any existing
State laws or regulations relating to safety requirements for toys.
Section 107. Study of Preventable Injuries and Deaths in Minority
Children Related to Consumer Products.
The Conferees agreed to modified language that is similar to pro-
visions in the House bill and the Senate amendment. The Con-
ference Report requires the Government Accountability Office
(GAO) to assess and report on the racial disparities of the rates of
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preventable injuries and deaths related to suffocation, poisonings,
and drowning among children.
Section 108. Prohibition on Sale of Certain Products Containing
Specified Phthalates.
The Conferees agreed to a modified version of the Senate amend-
ment's prohibition on specific phthalates in certain children's prod-
ucts.
TITLE II--CONSUMER PRODUCT SAFETY COMMISSION
REFORM
SUBTITLE A--ADMINISTRATIVE IMPROVEMENTS

Section 201. Reauthorization of the Commission.
The Conferees agreed to modified language that would reauthor-
ize the Commission for five years beginning in fiscal year 2010 and
provided a specific travel allowance for the Commission.
The Conferees recognize nanotechnology as a new technology uti-
lized in the manufacture of consumer products and its nature as
an emerging technology. The Conferees expect the Commission to
review such utilization and the safety of its application in con-
sumer products consistent with the Commission's mission.
As part of the general authorizations for fiscal years 2010
through 2014, the Conferees authorized $25,000,000 to establish
and maintain the database required by section 212 of the Con-
ference Report and to upgrade and integrate the Commission's in-
formation technology systems.
Section 202. Full Commission Requirement; Interim Quorum; Per-
sonnel.
The Conferees agreed to modified language that is similar to pro-
visions in the House bill and the Senate amendment. The Con-
ference Report reinstates a five-member Commission after one
year, and establishes a two-member quorum for one year after the
date of enactment.
Section 203. Submission of Copy of Certain Documents to Congress.
The Conferees agreed to the identical provisions in the House bill
and the Senate amendment.
Section 204. Expedited Rulemaking.
The Conferees agreed to modified language that is similar to pro-
visions in the House bill and the Senate amendment. The Con-
ference Report provides the Commission the authority to forgo an
Advanced Notice of Proposed Rulemaking.
Section 205. Inspector General Audits and Reports.
The Conferees agreed to modified language that is similar to pro-
visions in the House bill and the Senate amendment. The Con-
ference Report instructs the Inspector General of the Commission
to conduct reviews and audits to assess the Commission's capital
improvement efforts and the adequacy of procedures for accrediting
conformity assessment bodies as required by this Conference Re-
port. The Conference Report also requires that the Commission es-

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tablish and maintain on the homepage of its Internet website a di-
rect link to the Internet webpage of the Commission's Office of In-
spector General.
The Conferees direct the Commission to take steps to inform all
employees that they are free to make anonymous complaints
through the Inspector General's webpage about waste, fraud and
mismanagement within the Commission. The Inspector General
should investigate any complaints about the failure of Commission
employees to enforce in good faith the rules and regulations of the
CPSA or any other Act enforced by the Commission or otherwise
carry out their responsibilities under such Acts, including efforts to
alter or suppress relevant data, subvert enforcement measures, and
succumb to undue influence.
Section 206. Industry-Sponsored Travel Ban.
The House bill and the Senate amendment contained similar pro-
visions. The Senate receded to the House bill with minor modifica-
tions.
Section 207. Sharing of Information with Federal, State, Local and
Foreign Government Agencies.
The Conferees agreed to modified language that is nearly iden-
tical to the provisions in the House bill and the Senate amend-
ment.
Section 208. Employee Training Exchanges.
The Conferees agreed to language that provides the Commission
the authority to retain or employ officers or employees of foreign
government agencies on a temporary basis or to detail employees
of the Commission to work on a temporary basis for appropriate
foreign government agencies.
Section 209. Annual Reporting Requirement.
The Conferees agreed to modified language that is nearly iden-
tical to the provisions in the House bill and the Senate amend-
ment.
SUBTITLE B--ENHANCED ENFORCEMENT AUTHORITY

Section 211. Public Disclosure of Information.
The House receded to the Senate amendment, which included
language that would modify sections 6(a) and 6(b) of the CPSA.
The Conference Report includes amendments to the CPSA allowing
the Commission, when a manufacturer goes to court under section
6(b)(3) attempting to stop the release of information, to file a re-
quest with the Federal District Court for expedited consideration of
the matter. While the Conferees expect quick action on these mat-
ters to protect public health and safety, they recognize that the
prosecution of other matters before the court, such as Class A and
Class B felonies, is also extremely important to the public welfare.
It is the Conferees' view that the expedited consideration of section
6(b)(3) cases should not delay action on these other important
issues.

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Section 212. Establishment of a Public Consumer Product Safety
Database.
The Conferees agreed to modified language that requires the
Commission to establish a publicly available searchable database
on the safety of consumer products and other products or sub-
stances regulated by the Commission within two years of the date
of enactment. The Conferees intend that the Commission prevent
duplicative reports from being added to the publicly available data-
base. If multiple reports that describe the same incident are sub-
mitted to the database, the Commission should, to the extent prac-
ticable, remove unnecessary reports and preserve the most relevant
report in the database. However, the Conferees recognize that it is
possible that multiple reports regarding the same incident could
provide different relevant details and that information from those
reports could be helpful to the public and should, therefore, remain
in the database. The Conferees also direct the GAO to study the
general utility of the database and provide recommendations for
measures to increase use of the database.
Section 213. Prohibition on Stockpiling Under Other Commission-
Enforced Statutes.
The Conferees agreed to the identical provisions in the House bill
and the Senate amendment.
Section 214. Enhanced Recall Authority and Corrective Action
Plans.
The Conference Report amends the notification requirements
under section 15(b) of the CPSA to promote the timely, accurate,
and complete disclosure to the Commission of information that is
necessary to protect public health and safety. The Conferees recog-
nize that innovation in the design of consumer products has led to
the development of products that can be used in both motor vehi-
cles and the home. For example, some children's car safety seats
can be used in a car but also in a frame so that they can be used
as strollers or in the home. The Conferees do not intend in the par-
enthetical language used in section 15(b) to exempt those products
from the reporting requirements to the extent that they have de-
fects arising from uses outside a motor vehicle.
To the list of reports required from manufacturers, retailers, and
distributors, this section adds the broad requirement to report in-
formation that a product fails to comply with any other rule, stand-
ard, ban, or order under this Act, or any other Act enforced by the
Commission. It also adds a sentence indicating that a report under
this new paragraph may not be used as the basis for criminal pros-
ecution of the reporting person under section 5 of the Federal Haz-
ardous Substances Act (FHSA), except for offenses which require a
showing of intent to defraud or mislead. With consideration of the
increased criminal penalties in the Conference Report, the Con-
ferees took this narrow, limited action in order to avoid an unjust
result under a possible construction of section 5 that provides for
strict liability for criminal enforcement without regard to any ap-
plicable requirement of knowledge, intent, or willfulness in such
situations. The Conferees do not intend for the limited use immu-
nity provided by this section to be used to shelter bad actors from
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the consequences of their acts but rather to ensure that there are
no unintended impediments to the flow of information to the Com-
mission.
The Conferees also agreed to modified language that is similar
to provisions in the House bill and the Senate amendment. The
Conference Report provides the Commission greater recall author-
ity and creates requirements for recall notices in order to better in-
form the public of potential product harms.
Section 215. Inspection of Firewalled Conformity Assessment Bod-
ies; Identification of Supply Chain.
The Senate receded to the House bill on language that provides
authority to the Commission to inspect firewalled conformity as-
sessment bodies certified as third party conformity assessment bod-
ies. The Conferees also agreed to modified language that is similar
to the House bill and the Senate amendment.
Section 216. Prohibited Acts.
The Conferees agreed to modified language that is similar to the
provisions in the House bill and the Senate amendment, incor-
porating into the Prohibited Acts section of the CPSA violations
created by this Conference Report. In amending section 19(a) of the
CPSA, the restriction on exporting a consumer product subject to
a voluntary corrective action is not meant to include products that
have been reconditioned or repaired in accordance with the Com-
mission-approved corrective action for such products that are com-
pliant.
Section 217. Penalties.
The Conferees agreed to modified language that increases the
civil penalty cap for each violation of a prohibited act under the
CPSA, the FHSA, or the Flammable Fabrics Act (FFA) from $8,000
to $100,000, and the maximum civil penalty cap for a related series
of violations under each Act from $1,825,000 to $15,000,000. With-
in one year of the date of enactment of this Conference Report, the
Commission is required to issue a final regulation providing its in-
terpretation of factors to be taken into account by the Commission
when determining the amount of any civil penalty.
The Conferees agreed to language that is similar to provisions in
the House bill and the Senate amendment, which would authorize
the Commission to seek asset forfeiture as a penalty for a criminal
violation of this Conference Report. The House receded to Senate
language that would increase maximum criminal penalties and re-
move the knowledge of notice of noncompliance requirements for
directors, officers, and agents under section 21(b) of the CPSA.
Section 218. Enforcement by State Attorneys General.
The Conferees agreed to modified language that is similar to the
provisions in the House bill and the Senate amendment. The Con-
ferees agreed to include amendments to the CPSA and the Poison
Prevention Packaging Act (PPPA) to enhance the ability of the at-
torney general of a State, or other authorized State officer, alleging
specified violations under those Acts that affect or may affect the
State or its residents, to obtain appropriate injunctive relief. To en-

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sure the efficient operation of enforcement efforts along with the
consistent interpretation and application of Commission regula-
tions, the Conferees expect cooperation and consultation to occur
between the attorneys general and the Commission in the normal
course of business in implementing and carrying out this authority.
This section requires a State attorney general to notify the Com-
mission prior to filing any action and provide the Commission a
maximum of 30 days to respond to or assist with an action. The
Conferees recognize that certain circumstances require immediate
action to protect the public from a substantial product hazard. The
Conferees have provided a limited exception that would allow the
States to proceed upon notification to the Commission when a sub-
stantial product hazard may result from the use of a product. The
Conferees believe current and future technologies, such as elec-
tronic mail and facsimile, should provide a State attorney general
the ability to notify the Commission immediately prior to initiating
such enforcement actions.
With regard to the limitation in section 218(b)(5), the Conferees
intend to preserve the injunctive authority of State attorneys gen-
eral to remove dangerous products from the stream of commerce
when the Commission is engaged in protracted litigation with de-
fendants. The purpose of this limited exception is to facilitate effi-
cient enforcement of section 19, not impede it. As such, the Con-
ferees do not intend by the parenthetical language to allow unlim-
ited lawsuits against the same defendant in various jurisdictions
across the country. Multiple lawsuits involving the same facts and
same defendants could delay the prosecution of injunction suits
filed by the Commission adding pretrial procedural issues, such as
consolidation or transfer. Moreover, the Conferees do not intend for
such suits to interfere with the Commission's choice of venue.
Section 219. Whistleblower Protections.
The House receded to the Senate amendment with modifications.
The Conference Report includes whistleblower protections for em-
ployees of manufacturers, private labelers, retailers, and distribu-
tors with respect ot alleged violations of any CPSC-enforced prod-
uct safety requirements.
SUBTITLE C--SPECIFIC IMPORT-EXPORT PROVISIONS

Section 221. Export of Recalled and Non-conforming Products.
The Conferees agreed to modified language that is similar to pro-
visions in the House bill and the Senate amendment.
Section 222. Import Safety Management and Interagency Coopera-
tion.
The House receded to the Senate amendment with modifications.
The Conferees agreed to language that would require the Commis-
sion, in consultation with the United States Customs and Border
Protections (CBP), to develop a risk assessment methodology for
the identification of shipments that are likely to include consumer
products that violate section 17(a) of the CPSA. The Conferees also
agreed to require the Commission to utilize the International Trade
Data System (ITDS) insofar as practicable (i.e., as soon as ITDS is

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operational) to evaluate and assess information about shipments of
consumer products intended for import into the customs territory
of the United States when developing the risk assessment method-
ology pursuant to this section. The Conference Report also requires
the Commission to develop a plan for sharing information and en-
hancing coordination with CBP.
Section 223. Substantial Product Hazard List and Destruction of
Noncompliant Imported Products.
The House receded to the Senate amendment with modifications.
The Conferees agreed to modified language that would authorize
the Commission, by rule, to specify characteristics of a consumer
product or class of consumer products whose existence or absence
would be deemed to constitute a substantial product hazard. The
Conferees also agreed that products refused admission into the cus-
toms territory of the United States would be required to be de-
stroyed, unless the Secretary of the Treasury permits the export of
the product in lieu of destruction. The Conferees agreed to amend
the CPSA to condition the distribution of consumer goods in com-
merce upon manufacturers' compliance with Commission record-
keeping and inspection requirements.
Section 224. Financial Responsibility.
The House receded to the Senate amendment with modifications.
The Conferees agreed to modified language regarding identification
and determination of a bond amount sufficient to cover the cost of
destruction of any consumer product or substance regulated under
the CPSA or any other Act enforced by the Commission. The Con-
ferees direct the GAO to conduct a study to determine the feasi-
bility of requiring the posting of an escrow, proof of insurance, or
security sufficient in amount to cover the cost of destruction of a
domestically-produced product or substance regulated by any Act
enforced by the Commission. The GAO is also directed to study the
feasibility of posting an escrow, proof of insurance, or security suffi-
cient in amount to cover the effective recall of a domestically-pro-
duced or imported product or substance regulated by any Act en-
forced by the Commission.
Section 225. Study and Report on Effectiveness of Authorities Relat-
ing to Safety of Imported Consumer Products.
The House bill and the Senate amendment included language to
assess the effectiveness of the Commission's authority in pre-
venting unsafe products from entering the United States. The
House receded to the Senate amendment with minor modifications.
SUBTITLE D--MISCELLANEOUS PROVISIONS AND CONFORMING
AMENDMENTS

Section 231. Preemption.
The Conferees agreed to language that combines provisions from
the House bill and the Senate amendment with modifications. The
Conference Report contains a provision reiterating the intentions of
sections 25 and 26 of the CPSA, section 18 of the FHSA, section
16 of the FFA, and section 7 of the PPPA. The Conferees recog-

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nized that the Commission frequently explains the scope of Com-
mission rules and standards and that this is appropriate in order
to give guidance to the States and the State attorneys general. Fur-
thermore, it is not the intention of the Conferees to supersede the
otherwise lawful and appropriate preemption of State laws and reg-
ulations. As section 26(a) of the CPSA makes clear, ``whenever a
consumer product safety standard under this Act is in effect and
applies to a risk of injury associated with a consumer product, no
State or political subdivision of a State shall have any authority ei-
ther to establish or to continue in effect any provision of a safety
standard or regulation which prescribes any requirements as to the
performance, composition, contents, design, finish, construction,
packaging, or labeling of such product which are designed to deal
with the same risk of injury associated with such consumer prod-
uct, unless such requirements are identical to the requirements of
the Federal standard.'' Given this language, States may not pre-
scribe additional safety standards that go further than Commission
regulations when it has been determined that State regulations are
preempted, except as provided in sections 18(b)(2)-(4) of the FHSA,
sections 26(b) and (c) of the CPSA, sections 16(b) and (c) of the
FFA, and sections 7(b) and (c) of the PPPA of 1970. The Conferees
also agreed to the preservation of certain State laws.
The Conferees included language intended to clarify that the re-
quirements under the Conference Report and the FHSA shall not
be construed to preempt or affect State warning requirements
under State laws, such as California's Proposition 65, that were en-
acted prior to August 31, 2003.
Section 232. All-Terrain Vehicles.
The House receded to the Senate amendment with modifications.
Section 233. Cost-Benefit Analysis Under the Poison Packaging Pre-
vention Act of 1970.
The House receded to the Senate amendment with a technical
modification.
Section 234. Study on Use of Formaldehyde in Manufacturing of
Textile and Apparel Articles.
The House receded to the Senate amendment with a modification
that the GAO shall conduct the study instead of the Commission.
Section 235. Technical and Conforming Changes.
The Conferees agreed to conforming changes throughout the
CPSA.
The Senate receded to the House bill and agreed to include the
House position that a children's product means a consumer product
designed or intended primarily for children 12 years of age or
younger.
Section 236. Expedited Judicial Review.
The Conferees agreed to language that would streamline the ju-
dicial review of rules promulgated under certain Acts enforced by
the Commission.
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Section 237. Repeal.
The Conferees agreed to the identical provisions in the House bill
and the Senate amendment to repeal section 30(d) of the CPSA.
Section 238. Pool and Spa Safety Act Technical Amendments.
The Conferees agreed to technical amendments to the Virginia
Graeme Baker Pool and Spa Safety Act (15 U.S.C. 8001 et seq.).
Section 239. Effective Dates and Severability.
The Conferees agreed to language regarding the effective date of
the Conference Report and the effective dates of the amendments
to all the Acts under the Commission's jurisdiction as established
by the Conference Report. The Conferees also agreed to language
with regard to the severability of the Conference Report.
5. SPECIAL ISSUES

The Senate amendment contained several single-product issues
that Senate Members believed important for the Commission to ad-
dress. The House bill contained no title relating to single-product
issues because the House Members believed consumers were better
served by keeping the House bill focused on the task of reforming
the Commission. Many of these issues were raised by Members of
the House Committee on Energy and Commerce in colloquies or
discussions of amendments that were offered and withdrawn.
While the Conference Report addresses certain single-product
issues, other single-product issues from the Senate amendment
were not included. Nevertheless, the Conferees believe certain sin-
gle-product issues require heightened regulatory scrutiny and
greater attention.
The Conferees believe the Commission must take additional ac-
tion to reduce the number of preventable deaths and serious inju-
ries resulting from accidental carbon monoxide poisoning. To that
end, the Conferees direct the Commission to expeditiously issue a
final rule in its proceeding entitled ``Portable Generators'' for which
the Commission issued an Advance Notice of Proposed Rulemaking
on December 12, 2006 (71 Fed. Reg. 74472). The Conferees also di-
rect the Commission to review the effectiveness of its labeling re-
quirements for charcoal briquettes (16 CFR 150014(b)(6)) given the
events that occurred during the windstorm that struck the Pacific
Northwest beginning on December 14, 2006; identify any specific
challenges faced by non-English speaking populations with use of
the current standards; and make recommendations, if warranted,
for improving the labels on bags of charcoal briquettes.
The Conferees support carbon monoxide devices being installed
in all residential dwelling units and support the efforts of indi-
vidual States that have enacted legislation requiring the installa-
tion of carbon monoxide devices in homes and other dwelling
places. The Conferees believe the Commission should consider the
adoption of the American National Standards Institute/Under-
writers Laboratories standards ANSI/UL 2034 and ANSI/US 2075
for carbon monoxide devices sold in the United States. The Con-
ferees also direct the Commission to conduct a public awareness
campaign to educate consumers about carbon monoxide poisoning
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and the importance of residential carbon monoxide alarms includ-
ing recommendations for the effective use and maintenance of car-
bon monoxide alarms.
The Conferees direct the Commission to conduct a public aware-
ness campaign to educate consumers about the importance of resi-
dential smoke alarms and improved smoke detector technology, in-
cluding the difference between ionization type and photoelectric
type alarms. The campaign should include recommendations for ef-
fective use and maintenance of smoke alarms.
The Conferees direct the Commission to issue a final rule in its
proceeding entitled, ``Safety Standard for Cigarette Lighters'' for
which the Commission issued an Advance Notice of Proposed Rule-
making on April 11, 2005 (70 Fed Reg 18339).
The Conferees believe that the Commission must take strong ac-
tion to reduce the number of preventable fatal traumatic brain in-
juries resulting from inadequate equestrian helmets. The Conferees
direct the Commission to consider establishing a mandatory con-
sumer product safety rule for equestrian helmets that is consistent
with current voluntary standards, such as the ASTM standard des-
ignated as F 1163 and the Snell Memorial Foundation standard
designated as E2001, to the extent such standards would increase
safety.
The Conferees believe that the Commission must take action to
prevent deaths and serious injuries resulting from garage door en-
trapment. To that end, the Conferees direct the Commission, in
consultation with interested parties consistent with Commission
practices, to expeditiously review, revise, and consider the adoption
of standards as necessary to ensure the safety and effectiveness of
both inherent and external secondary entrapment protection de-
vices that cause the garage door to reverse, including contact and
non-contact sensors.
The Conferees believe the Commission should take appropriate
action with respect to lead included in any ceramic product within
its jurisdiction.
The Conferees direct the Commission to examine its current au-
thority with respect to toys intended for use by household pets, es-
pecially those that could become children's play things. If the Com-
mission determines that it has the appropriate authority to regu-
late such products, the Conferees direct the Commission to consider
the adoption of limits regarding the use of lead and lead paint in
household pet toys.
The Conferees are aware of tipping dangers presented by fur-
niture, ovens, other large appliances, and television sets that have
resulted in serious injuries. In order to help stem preventable acci-
dents and injuries, the Conferees direct the Commission to examine
these matters, and, where appropriate, to require stabilizing mech-
anisms such as braces and clear and conspicuous warning labels,
and to make available on its Internet website recommendations on
tip-over prevention.
The Conferees intend for the Commission to give priority to the
timely and effective implementation of this Conference Report.
Nonetheless, the Conferees request that these special issues be
given consideration. The Commission's House and Senate author-
izing committees intend to review the status of these issues at ap-

July 28, 2008 (6:53 p.m.)
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propriate intervals to make sure that they are addressed with rea-
sonable diligence.

July 28, 2008 (6:53 p.m.)