EXPEDITED RULEMAKING.

SEC. 204. EXPEDITED RULEMAKING.(a) ANPR Requirement.—(1) In general.—Section 9 (15 U.S.C. 2058) is amended—(A) by striking “shall be commenced” in subsection (a) and inserting “may be commenced”;(B) by striking “in the notice” in subsection (b) and inserting “in a notice”;(C) by striking “unless, not less than 60 days after publication of the notice required in subsection (a), the” in subsection (c) and inserting “unless the”;(D) by striking “an advance notice of proposed rulemaking under subsection (a) relating to the product involved,” in the third sentence of subsection (c) and inserting “the notice,”; and(E) by striking “Register.” in the matter following paragraph (4) of subsection (c) and inserting “Register. Nothing in this subsection shall preclude any person from submitting an existing standard or portion of a standard as a proposed consumer product safety standard.”.122 STAT. 3041(2) Conforming amendment.—Section 5(a)(3) (15 U.S.C. 2054(a)(3)) is amended by striking “an advance notice of proposed rulemaking or”.(b) Rulemaking Under Federal Hazardous Substances Act.—(1) In general.—Section 3(a) of the Federal Hazardous Substances Act (15 U.S.C. 1262(a)) is amended to read as follows:“(a) Rulemaking.—“(1) In general.—Whenever in the judgment of the Commission such action will promote the objectives of this Act by avoiding or resolving uncertainty as to its application, the Commission may by regulation declare to be a hazardous substance, for the purposes of this Act, any substance or mixture of substances, which it finds meets the requirements of section 2(f)(1)(A).“(2) Procedure.—Proceedings for the issuance, amendment, or repeal of regulations under this subsection and the admissibility of the record of such proceedings in other proceedings, shall be governed by the provisions of subsections (f) through (i) of this section.”.(2) Procedure.—Section 2(q)(2) of the Federal Hazardous Substances Act (15 U.S.C. 1261(q)(2)) is amended by striking “Proceedings for the issuance, amendment, or repeal of regulations pursuant to clause (B) of subparagraph (1) of this paragraph shall be governed by the provisions of sections 701(e), (f), and (g) of the Federal Food, Drug, and Cosmetic Act: Provided, That if” and inserting “Proceedings for the issuance, amendment, or repeal of regulations pursuant to clause (B) of subparagraph (1) of this paragraph shall be governed by the provisions of subsections (f) through (i) of section 3 of this Act, except that if”.(3) ANPR requirement.—Section 3 of the Federal Hazardous Substances Act (15 U.S.C. 1262) is amended—(A) by striking “shall be commenced” in subsection (f) and inserting “may be commenced”;(B) by striking “in the notice” in subsection (g)(1) and inserting “in a notice”;(C) by striking “unless, not less than 60 days after publication of the notice required in subsection (f), the” in subsection (h) and inserting “unless the”; and(D) by striking “Committee on Commerce” and all that follows through “Representatives.” in subsection (h), and inserting “appropriate Congressional committees. Nothing in this subsection shall preclude any person from submitting an existing standard or portion of a standard as a proposed regulation.”(4) Other conforming amendments.—The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) is amended—(A) by striking paragraphs (c) and (d) of section 2 and inserting the following:“(c) The term ‘Commission’ means the Consumer Product Safety Commission.”;(B) by striking “Secretary” each place it appears and inserting “Commission” except—(i) in section 10(b) (15 U.S.C. 1269(b));(ii) in section 14 (15 U.S.C. 1273); and122 STAT. 3042(iii) in section 21(a) (15 U.S.C. 1276(a));(C) by striking “Department” each place it appears, except in sections 5(c)(6)(D)(i) and 14(b) (15 U.S.C. 1264(c)(6)(D)(i) and 1273(b)), and inserting “Commission”;(D) by striking “he” and “his” each place they appear in reference to the Secretary and inserting “it” and “its”, respectively;(E) by striking “Secretary of Health, Education, and Welfare” each place it appears in section 10(b) (15 U.S.C. 1269(b)) and inserting “Commission”;(F) by striking “Secretary of Health, Education, and Welfare” each place it appears in section 14 (15 U.S.C. 1273) and inserting “Commission”;(G) by striking “Department of Health, Education, and Welfare” in section 14(b) (15 U.S.C. 1273(b)) and inserting “Commission”;(H) by striking “Consumer Product Safety Commission” each place it appears and inserting “Commission”;(I) by striking “(hereinafter in this section referred to as the ‘Commission’)” in section 14(d) (15 U.S.C. 1273(d)) and section 20(a)(1) (15 U.S.C. 1275(a)(1)); and(J) by striking paragraph (5) of section 18(b) (15 U.S.C. 1261 note).(c) Rulemaking Under Flammable Fabrics Act.—(1) In general.—Section 4 of the Flammable Fabrics Act (15 U.S.C. 1193) is amended—(A) by striking “shall be commenced” in subsection (g) and inserting “may be commenced by a notice of proposed rulemaking or”;(B) by striking “unless, not less than 60 days after publication of the notice required in subsection (g), the” in subsection (i) and inserting “unless the”; and(C) by striking “Committee on Commerce” and all that follows through “Representatives.” in subsection (i), and inserting “appropriate Congressional committees. Nothing in this subsection shall preclude any person from submitting an existing standard or portion of a standard as a proposed regulation.”(2) Other conforming amendments.—The Flammable Fabrics Act (15 U.S.C. 1193) is amended—(A) by striking paragraph (i) of section 2 (15 U.S.C. 1191(i)) and inserting the following:“(i) The term ‘Commission’ means the Consumer Product Safety Commission.”;(B) by striking “Secretary of Commerce” each place it appears and inserting “Commission”;(C) by striking “Secretary” each place it appears and inserting “Commission”, except in sections 9 and 14 (15 U.S.C. 1198 and 1201);(D) by striking “he” and “his” each place either such word appears in reference to the Secretary and inserting “it” and “its”, respectively;(E) by striking paragraph (5) of section 4(e) (15 U.S.C. 1193(e)) and redesignating paragraph (6) as paragraph (5);(F) by striking “Consumer Product Safety Commission (hereinafter in this section referred to as the ‘Commission’) in section 15 (15 U.S.C. 1202)” and inserting “Commission”;122 STAT. 3043(G) by amending subsection (d) of section 16 (15 U.S.C. 1203) to read as follows:“(d) In this section, a reference to a flammability standard or other regulation for a fabric, related material, or product in effect under this Act includes a standard of flammability continued in effect by section 11 of the Act of December 14, 1967 (Public Law 90–189).”; and(H) by striking “Consumer Product Safety Commission” in section 17 (15 U.S.C. 1204) and inserting “Commission”.