Consumer Product Safety Improvement Act of 1988

Consumer Product Safety Improvement Act of 1987- Title I: Amendments to Acts - Amends the Consumer Product Safety Act (CPSA) to require the Consumer Product Safety Commission: (1) to publish an advance notice of proposed rulemaking in cases where there is a significant risk of injury associated with a product and where a consumer product safety rule (rule) would reduce such risk; and (2) within a specified period, to publish a proposed rule or terminate the proceeding if it is not reasonably necessary to reduce risk or not in the public interest. Requires each manufacturer of a product subject to the rule to pay a specified amount to defray the cost of promulgating such rule.

Permits the Commission to rely only upon voluntary consumer product safety standards which are in existence and issued after consideration of the views of interested parties, including consumers and consumer organizations. Requires the Commission to monitor compliance with such standards.

Allows interested parties to petition the Commission to issue a rule or amendment to reduce the risk of injury associated with a product. Directs the Commission to grant or deny the petition within 120 days. Authorizes the petitioner to commence a civil action in U.S. district court to compel the Commission to initiate the rulemaking proceeding if the Commission denies the petition or fails to grant or deny such petition within 120 days.

Directs the court to order the Commission to initiate the rulemaking if the petitioner shows, by a preponderance of evidence in a de novo proceeding, that the product presents an unreasonable risk of injury and that the Commission's failure to initiate a rulemaking proceeding unreasonably exposes consumers to a risk of injury by the product. Authorizes the court to award court costs in such an action.

Provides that the Chairman of the Commission shall be selected by its members and shall serve a two-year term. Terminates the term of office of the current chairman 30 days after the date of enactment of this Act but allows such individual to continue to serve as a Commission member until the expiration of the member's term. Makes a Commission member whose term will expire before the expiration of the two-year term of the Chairman ineligible to be selected as Chairman.

Requires the President to consider individuals with experience in the safety of consumer products or related fields in making Commission appointments.

Provides that if the Commission consists of only three members, two members of the Commission will constitute a quorum for the transaction of business.

Creates a new position of Director of Compliance, to be filled only by an attorney. Prohibits individuals from serving in specified directorships on an acting basis for a period longer than 90 days.

Requires the Commission to employ on a permanent basis no fewer than the full-time equivalent of 525 officers and employees, subject to the availability of appropriations.

Exempts from public disclosure restrictions information not developed by the Commission and on which the Commission has included a disclaimer regarding the accuracy of the information.

Deletes provisions governing the bringing of a civil action by the manufacturer or private labeler who is notified that the Commission plans to disclose a document claimed by such party to be inaccurate.

Authorizes any State attorney general and any other official charged with enforcing State consumer product safety laws to bring a civil action for violations of rules or orders issued under the Consumer Product Safety Act, to petition the Commission to hold public hearings or conduct investigations to determine whether a product presents a substantial hazard, and to appeal Commission decisions.

Amends the Federal Hazardous Substances Act to authorize any State attorney general and any other official charged with enforcing state consumer product safety laws to bring a civil action for violations of the Act. Authorizes such officials to petition the Commission to: (1) require notification of the public of banned hazardous substances; (2) order the manufacturer to repair or replace an article which constitutes a banned hazardous substance; and (3) require notification of the public of substances intended for use by children that are not banned but which contain a defect which creates a substantial risk of injury to children.

Prohibits the Commission from comparing the costs and benefits of reducing or eliminating risks to the public in determining: (1) whether a substantial product hazard exists; (2) whether a toy or other article intended for use by children complies with the Act's labeling requirement; and (3) whether an action taken is in the public interest. Precludes the district court from making such a comparison in determining whether to declare a product to be imminently hazardous.

Sets civil penalties for knowing violations of such Act.

Provides for the setting of an agenda and priorities for Commission action each year, following a public hearing and a reasonable opportunity for the submission of comments. Authorizes appropriations

Title II: Related Provisions - Requires the Commission to promulgate under the CPSA a rule for all terrain vehicles (ATVs) which: (1) requires the manufacturers of ATVs to offer free training in their operation, offer helmets and other protective equipment with the sale of such vehicles, and provide notice to purchasers of the risk of injury or death presented by such vehicles, especially to children; (2) requires each manufacturer and distributor to establish programs to ensure dealer compliance with the safety requirements of the rule; (3) requires the retail dealers of such vehicles to provide safety information regarding their operation to purchasers; (4) prescribes appropriate performance and design characteristics to improve safety; and (5) requires manufacturers of such vehicles to offer refunds or other appropriate means of remedying the imminently hazardous nature of the vehicle to those who, before the date of enactment of this Act, purchased three-wheel ATVs or adult size ATVs to be operated by children under age 16.

Prohibits the sale within a State of three-wheel ATVs or ATVs specifically designed for use by individuals under age 16 unless the State has, within one year of the date of enactment of this Act, a statute in effect: (1) requiring the licensing of drivers of ATVs; (2) requiring safety training for operators of ATVs; (3) requiring the use of helmets by operators of ATVs; and (4) establishing a minimum age of 16 for drivers of ATVs.

Makes an exception where the legislature of a State meets every two years and on the date of enactment of this Act there is less than one year left in the session of the legislature, in which case such prohibition will take effect upon the expiration of one year after the legislature of the State meets after the date of enactment of this Act.

Directs the Commission to conduct a study under the Flammable Fabrics Act to determine if a special flammability standard is needed for adult sleepwear, and to report the results to the Congress within a year of the date of enactment of this Act.

Requires the Commission to review the regulations which apply to lawn darts to determine if stricter requirements, including a ban, are needed for the protection of consumers, particularly children, and to report to the Congress within a year.

Directs the Commission to begin proceedings to establish a safety standard for cigarette lighters.

Requires the Commission to conduct a study to determine whether to set a minimum age for the operator of an amusement park ride to promote safety, and to report to the Congress within 18 months.