Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	7,394	n/a	n/a
Reported in House	11,837	202	51%
Engrossed in House	11,427	10	4%
Placed on Calendar Senate	11,442	10	0%
Engrossed Amendment Senate	22,908	593	91%
Enrolled Bill	28,598	918 Show Changes Hide Changes	89%

Display Version Introduced in House Reported in House Engrossed in House Placed on Calendar Senate Engrossed Amendment Senate Enrolled Bill

HR 4040 EAS

In the Senate of the United States,March 6, 2008.Resolved,That the bill from the House of Representatives (H.R.4040CommentsClose CommentsPermalink

) entitled `An Act t One Hundred Tenth Congress CommentsClose CommentsPermalink

CommentsClose CommentsPermalink

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

', do pass with the followingAMENDMENT:Strike out all after the enacting clause and insert: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.CommentsClose CommentsPermalink

(a) SHORT TITLEhort Title- This Act may be cited as the `CPSC Reform Act'‘Consumer Product Safety Improvement Act of 2008’.CommentsClose CommentsPermalink





(b) TABLE OF CONTENTSable of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Amendment of Consumer Product Safety ActReferences.CommentsClose CommentsPermalink





Sec. 3. Authority to issue implementing regulations.CommentsClose CommentsPermalink

Sec. 101. Children’s products containing lead; lead paint rule.CommentsClose CommentsPermalink





Sec. 3. Reauthorization102. Mandatory third party testing for certain children’s products.CommentsClose CommentsPermalink





Sec. 103. Tracking labels for children’s products.CommentsClose CommentsPermalink





Sec. 104. Standards and consumer registration of durable nursery products.CommentsClose CommentsPermalink





Sec. 4. Personnel105. Labeling requirement for advertising toys and games.CommentsClose CommentsPermalink





Sec. 5106. Mandatory toy safety standards.CommentsClose CommentsPermalink





Sec. 107. Study of preventable injuries and deaths in minority children related to consumer products.CommentsClose CommentsPermalink





Sec. 108. Prohibition on sale of certain products containing specified phthalates.CommentsClose CommentsPermalink

Sec. 201. Reauthorization of the Commission.CommentsClose CommentsPermalink





Sec. 202. Full Commission requirement; interim quorum; personnel.CommentsClose CommentsPermalink





Sec. 6203. Submission of copy of certain documents to Congress.CommentsClose CommentsPermalink





Sec. 7204. Expedited rulemaking.CommentsClose CommentsPermalink





Sec. 205. Inspector general audits and reports.CommentsClose CommentsPermalink





Sec. 206. Industry-sponsored travel ban.CommentsClose CommentsPermalink





Sec. 207. Sharing of information with Federal, State, local, and foreign government agencies.CommentsClose CommentsPermalink





Sec. 208. Employee training exchanges.CommentsClose CommentsPermalink





Sec. 209. Annual reporting requirement.CommentsClose CommentsPermalink

Sec. 211. Public disclosure of information.CommentsClose CommentsPermalink





Sec. 8. Rulemaking212. Establishment of a public consumer product safety database.CommentsClose CommentsPermalink





Sec. 9213. Prohibition on stockpiling under other Commission-enforced statutes.CommentsClose CommentsPermalink





Sec. 10. Third party certification of children's products.Sec. 11. Tracking labels for products for children.Sec. 12. Substantial product hazard reporting requirement.Sec. 13. C214. Enhanced recall authority and corrective action plans.CommentsClose CommentsPermalink





Sec. 14. Identification of manufacturer by importers, retailers, and distributors215. Inspection of firewalled conformity assessment bodies; identification of supply chain.CommentsClose CommentsPermalink





Sec. 15216. Prohibited acts.CommentsClose CommentsPermalink





Sec. 16217. Penalties.CommentsClose CommentsPermalink





Sec. 17. Preemption.Sec. 18. Sharing of information with Federal, State, local, and foreign government agencies.Sec. 19. Financial responsibility.Sec. 20218. Enforcement by State attorneys general.CommentsClose CommentsPermalink





Sec. 219. Whistleblower protections.CommentsClose CommentsPermalink

Sec. 221. Export of recalled and non-conforming products.CommentsClose CommentsPermalink





Sec. 22. Ban on children's products containing lead; lead paint rule2. Import safety management and interagency cooperation.CommentsClose CommentsPermalink





Sec. 23. Alternative measures of lead content23. Substantial product hazard list and destruction of noncompliant imported products.CommentsClose CommentsPermalink





Sec. 24. Study of preventable injuries and deaths of minority children related to certain consumer products.Sec. 2524. Financial responsibility.CommentsClose CommentsPermalink





Sec. 225. Study and report on effectiveness of authorities relating to safety of imported consumer products.CommentsClose CommentsPermalink

Sec. 231. Preemption.CommentsClose CommentsPermalink





Sec. 232. All-terrain vehicle standard.CommentsClose CommentsPermalink





Sec. 233. Cost-benefit analysis under the Poison Prevention Packaging Act of 1970.CommentsClose CommentsPermalink





Sec. 26. Inspector general reports.Sec. 27. Public internet website links.Sec. 28. Child-resistant portable gasoline containers.Sec. 29. Toy safety standard.Sec. 30. All-terrain vehicle safety standard.Sec. 31. Garage door opener standard.Sec. 32. Reducing deaths and injuries from carbon monoxide poisoning34. Study on use of formaldehyde in manufacturing of textile and apparel articles.CommentsClose CommentsPermalink





Sec. 33. Completion of cigarette lighter rulemaking235. Technical and conforming changes.CommentsClose CommentsPermalink





Sec. 34. Consumer product registration forms and standards for durable infant or toddler products236. Expedited judicial review.CommentsClose CommentsPermalink





Sec. 35237. Repeal.CommentsClose CommentsPermalink





Sec. 36. Consumer Product Safety Commission presence at National Targeting Center of U.S. Customs and Border Protection.Sec. 37. Development of risk assessment methodology to identify shipments of consumer products that are likely to contain consumer products in violation of safety standards.Sec. 38. Seizure and destruction of imported products in violation of consumer product safety standards.Sec. 39. Database of manufacturing facilities and suppliers involved in violations of consumer product safety standards.Sec. 40. Ban on certain products containing specified phthalates.Sec. 41. Equestrian helmets.Sec. 42. Requirements for recall notices.Sec. 43. Study and report on effectiveness of authorities relating to safety of imported consumer products.Sec. 44. Ban on importation of toys made by certain manufacturer238. Pool and Spa Safety Act technical amendments.CommentsClose CommentsPermalink





Sec. 45. Consumer product safety standards use of formaldehyde in textile and apparel articles239. Effective dates and Severability.CommentsClose CommentsPermalink

SEC. 2. AMENDMENT OF CONSUMER PRODUCT SAFETY ACT.REFERENCES.CommentsClose CommentsPermalink

(a) Defined Terms- As used in this Act--CommentsClose CommentsPermalink





(1) the term ‘appropriate Congressional committees’ means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate; andCommentsClose CommentsPermalink





(2) the term ‘Commission’ means the Consumer Product Safety Commission.CommentsClose CommentsPermalink





(b) Consumer Product Safety Act- Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of,is expressed as an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Consumer Product Safety Act (15 U.S.C. 2051 et seq.).CommentsClose CommentsPermalink

SEC. 3. REAUTHORIZATION.(a) IN GENERAL- Section 32102. MANDATORY THIRD PARTY TESTING FOR CERTAIN CHILDREN’S PRODUCTS.CommentsClose CommentsPermalink

(a) Mandatory and Third Party Testing-CommentsClose CommentsPermalink





(1) GENERAL CONFORMITY CERTIFICATION-CommentsClose CommentsPermalink





(A) AMENDMENT- Paragraph (1) of section 14(a) (15 U.S.C. 2081) is amended--(1) by redesignating subsection (c) as subsection (e)63(a)) is amended to read as follows:CommentsClose CommentsPermalink





‘(1) GENERAL CONFORMITY CERTIFICATION- Except as provided in paragraphs (2) and (3), every manufacturer of a product which is subject to a consumer product safety rule under this Act or similar rule, ban, standard, or regulation under any other Act enforced by the Commission and which is imported for consumption or warehousing or distributed in commerce (and the private labeler of such product if such product bears a private label) shall issue a certificate which--CommentsClose CommentsPermalink





‘(A) shall certify, based on a test of each product or upon a reasonable testing program, that such product complies with all rules, bans, standards, or regulations applicable to the product under this Act or any other Act enforced by the Commission; andCommentsClose CommentsPermalink





‘(B) shall specify each such rule, ban, standard, or regulation applicable to the product.’.CommentsClose CommentsPermalink





(B) EFFECTIVE DATE- The amendment made by subparagraph (A) shall take effect 90 days after the date of enactment of this Act.CommentsClose CommentsPermalink





(2) THIRD PARTY TESTING REQUIREMENT- Section 14(2) (15 U.S.C. 2063(2)) is further amended by redesignating paragraph (2) as paragraph (4) and inserting after paragraph (1) the following:CommentsClose CommentsPermalink





‘(2) THIRD PARTY TESTING REQUIREMENT- Effective on the dates provided in paragraph (3), before importing for consumption or warehousing or distributing in commerce any children’s product that is subject to a children’s product safety rule, every manufacturer of such children’s product (and the private labeler of such children’s product if such children’s product bears a private label) shall--CommentsClose CommentsPermalink





‘(A) submit sufficient samples of the children’s product, or samples that are identical in all material respects to the product, to a third party conformity assessment body accredited under paragraph (3) to be tested for compliance with such children’s product safety rule; andCommentsClose CommentsPermalink





‘(B) based on such testing, issue a certificate that certifies that such children’s product complies with the children’s product safety rule based on the assessment of a third party conformity assessment body accredited to conduct such tests.CommentsClose CommentsPermalink





A manufacturer or private labeler shall issue either a separate certificate for each children’s product safety rule applicable to a product or a combined certificate that certifies compliance with all applicable children’s product safety rules, in which case each such rule shall be specified.CommentsClose CommentsPermalink





‘(3) SCHEDULE FOR IMPLEMENTATION OF THIRD PARTY TESTING-CommentsClose CommentsPermalink





‘(A) GENERAL APPLICATION- Except as provided under subparagraph (F), the requirements of paragraph (2) shall apply to any children’s product manufactured more than 90 days after the Commission has established and published notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with a children’s product safety rule to which such children’s product is subject.CommentsClose CommentsPermalink





‘(B) TIME LINE FOR ACCREDITATION-CommentsClose CommentsPermalink





‘(i) LEAD PAINT- Not later than 30 days after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the Commission shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with part 1303 of title 16, Code of Federal Regulations.CommentsClose CommentsPermalink





‘(ii) FULL-SIZE CRIBS; NON FULL-SIZE CRIBS; PACIFIERS- Not later than 60 days after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the Commission shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with parts 1508, 1509, and 1511 of such title.CommentsClose CommentsPermalink





‘(iii) SMALL PARTS- Not later than 90 days after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the Commission shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with part 1501 of such title.CommentsClose CommentsPermalink





‘(iv) Children’S METAL JEWELRY- Not later than 120 days after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the Commission shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with the requirements of section 101(a)(2) of such Act with respect to children’s metal jewelry.CommentsClose CommentsPermalink





‘(v) BABY BOUNCERS, WALKERS, AND JUMPERS- Not later than 210 days after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the Commission shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with parts 1500.18(a)(6) and 1500.86(a) of such title.CommentsClose CommentsPermalink





‘(vi) ALL OTHER CHILDREN’S PRODUCT SAFETY RULES- The Commission shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with other children’s product safety rules at the earliest practicable date, but in no case later than 10 months after the date of enactment of the Consumer Product Safety Improvement Act of 2008, or, in the case of children’s product safety rules established or revised 1 year or more after such date of enactment, not later than 90 days before such rules or revisions take effect.CommentsClose CommentsPermalink





‘(C) ACCREDITATION- Accreditation of third party conformity assessment bodies pursuant to the requirements established under subparagraph (B) may be conducted either by the Commission or by an independent accreditation organization designated by the Commission.CommentsClose CommentsPermalink





‘(D) PERIODIC REVIEW- The Commission shall periodically review and revise the accreditation requirements established under subparagraph (B) to ensure that the requirements assure the highest conformity assessment body quality that is feasible.CommentsClose CommentsPermalink





‘(E) PUBLICATION OF ACCREDITED ENTITIES- The Commission shall maintain on its Internet website an up-to-date list of entities that have been accredited to assess conformity with children’s product safety rules in accordance with the requirements published by the Commission under this paragraph.CommentsClose CommentsPermalink





‘(F) EXTENSION- If the Commission determines that an insufficient number of third party conformity assessment bodies have been accredited to permit certification for a children’s product safety rule under the accelerated schedule required by this paragraph, the Commission may extend the deadline for certification to such rule by not more than 60 days.CommentsClose CommentsPermalink





‘(G) RULEMAKING- Until the date that is 3 years after the Consumer Product Safety Improvement Act of 2008, Commission proceedings under this paragraph shall be exempt from the requirements of sections 553 and 601 through 612 of title 5, United States Code.’.CommentsClose CommentsPermalink





(3) CONFORMING AMENDMENTS- Section 14(a)(4) (15 U.S.C. 2063(a)(4)), as redesignated by paragraph (2) of this subsection, is amended--CommentsClose CommentsPermalink





(A) by striking ‘required by paragraph (1) of this subsection’ and inserting ‘required under paragraph (1), (2), or (3)’; andCommentsClose CommentsPermalink





(B) by striking ‘requirement under paragraph (1)’ and inserting ‘requirement under paragraph (1), (2), or (3)’.CommentsClose CommentsPermalink





(b) Additional Requirements; Definitions- Section 14 (15 U.S.C. 2063) is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(d) Additional Regulations for Third Party Testing-CommentsClose CommentsPermalink





‘(1) AUDIT- Not later than 10 months after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the Commission shall by regulation establish requirements for the periodic audit of third party conformity assessment bodies as a condition for the continuing accreditation of such conformity assessment bodies under subsection (a)(3)(C).CommentsClose CommentsPermalink





‘(2) COMPLIANCE; CONTINUING TESTING- Not later than 15 months after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the Commission shall by regulation--CommentsClose CommentsPermalink





‘(A) initiate a program by which a manufacturer or private labeler may label a consumer product as complying with the certification requirements of subsection (a); andCommentsClose CommentsPermalink





‘(B) establish protocols and standards--CommentsClose CommentsPermalink





‘(i) for ensuring that a children’s product tested for compliance with an applicable children’s product safety rule is subject to testing periodically and when there has been a material change in the product’s design or manufacturing process, including the sourcing of component parts;CommentsClose CommentsPermalink





‘(ii) for the testing of random samples to ensure continued compliance;CommentsClose CommentsPermalink





‘(iii) for verifying that a children’s product tested by a conformity assessment body complies with applicable children’s product safety rules; andCommentsClose CommentsPermalink





‘(iv) for safeguarding against the exercise of undue influence on a third party conformity assessment body by a manufacturer or private labeler.CommentsClose CommentsPermalink





‘(e) Withdrawal of Accreditation-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Commission may withdraw its accreditation or its acceptance of the accreditation of a third party conformity assessment body accredited under this section if the Commission finds, after notice and investigation, that--CommentsClose CommentsPermalink





‘(A) a manufacturer, private labeler, or governmental entity has exerted undue influence on such conformity assessment body or otherwise interfered with or compromised the integrity of the testing process with respect to the certification of a children’s product under this section; orCommentsClose CommentsPermalink





‘(B) such conformity assessment body failed to comply with an applicable protocol, standard, or requirement established by the Commission under subsection (d).CommentsClose CommentsPermalink





‘(2) PROCEDURE- In any proceeding to withdraw the accreditation of a conformity assessment body, the Commission--CommentsClose CommentsPermalink





‘(A) shall consider the gravity of the conformity assessment body’s action or failure to act, including--CommentsClose CommentsPermalink





‘(i) whether the action or failure to act resulted in injury, death, or the risk of injury or death;CommentsClose CommentsPermalink





‘(ii) whether the action or failure to act constitutes an isolated incident or represents a pattern or practice; andCommentsClose CommentsPermalink





‘(iii) whether and when the conformity assessment body initiated remedial action; andCommentsClose CommentsPermalink





‘(B) may--CommentsClose CommentsPermalink





‘(i) withdraw its acceptance of the accreditation of the conformity assessment body on a permanent or temporary basis; andCommentsClose CommentsPermalink





‘(ii) establish requirements for reaccreditation of the conformity assessment body.CommentsClose CommentsPermalink





‘(3) FAILURE TO COOPERATE- The Commission may suspend the accreditation of a conformity assessment body if it fails to cooperate with the Commission in an investigation under this section.CommentsClose CommentsPermalink





‘(f) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) Children’S PRODUCT SAFETY RULE- The term ‘children’s product safety rule’ means a consumer product safety rule under this Act or similar rule, regulation, standard, or ban under any other Act enforced by the Commission, including a rule declaring a consumer product to be a banned hazardous product or substance.CommentsClose CommentsPermalink





‘(2) THIRD PARTY CONFORMITY ASSESSMENT BODY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘third party conformity assessment body’ means a conformity assessment body that, except as provided in subparagraph (D), is not owned, managed, or controlled by the manufacturer or private labeler of a product assessed by such conformity assessment body.CommentsClose CommentsPermalink





‘(B) GOVERNMENTAL PARTICIPATION- Such term may include an entity that is owned or controlled in whole or in part by a government if--CommentsClose CommentsPermalink





‘(i) to the extent practicable, manufacturers or private labelers located in any nation are permitted to choose conformity assessment bodies that are not owned or controlled by the government of that nation;CommentsClose CommentsPermalink





‘(ii) the entity’s testing results are not subject to undue influence by any other person, including another governmental entity;CommentsClose CommentsPermalink





‘(iii) the entity is not accorded more favorable treatment than other third party conformity assessment bodies in the same nation who have been accredited under this section;CommentsClose CommentsPermalink





‘(iv) the entity’s testing results are accorded no greater weight by other governmental authorities than those of other third party conformity assessment bodies accredited under this section; andCommentsClose CommentsPermalink





‘(v) the entity does not exercise undue influence over other governmental authorities on matters affecting its operations or on decisions by other governmental authorities controlling distribution of products based on outcomes of the entity’s conformity assessments.CommentsClose CommentsPermalink





‘(C) TESTING AND CERTIFICATION OF ART MATERIALS AND PRODUCTS- A certifying organization (as defined in appendix A to section 1500.14(b)(8) of title 16, Code of Federal Regulations (or any successor regulation or ruling)) meets the requirements of subparagraph (A) with respect to the certification of art material and art products required under this section or by regulations prescribed under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.).CommentsClose CommentsPermalink





‘(D) FIREWALLED CONFORMITY ASSESSMENT BODIES- Upon request, the Commission may accredit a conformity assessment body that is owned, managed, or controlled by a manufacturer or private labeler as a third party conformity assessment body if the Commission by order finds that--CommentsClose CommentsPermalink





‘(i) accreditation of the conformity assessment body would provide equal or greater consumer safety protection than the manufacturer’s or private labeler’s use of an independent third party conformity assessment body; andCommentsClose CommentsPermalink





‘(ii) the conformity assessment body has established procedures to ensure that--CommentsClose CommentsPermalink





‘(I) its test results are protected from undue influence by the manufacturer, private labeler or other interested party;CommentsClose CommentsPermalink





‘(II) the Commission is notified immediately of any attempt by the manufacturer, private labeler or other interested party to hide or exert undue influence over test results; andCommentsClose CommentsPermalink





‘(III) allegations of undue influence may be reported confidentially to the Commission.CommentsClose CommentsPermalink





‘(g) Requirements for Certificates-CommentsClose CommentsPermalink





‘(1) IDENTIFICATION OF ISSUER AND CONFORMITY ASSESSMENT BODY- Every certificate required under this section shall identify the manufacturer or private labeler issuing the certificate and any third party conformity assessment body on whose testing the certificate depends. The certificate shall include, at a minimum, the date and place of manufacture, the date and place where the product was tested, each party’s name, full mailing address, telephone number, and contact information for the individual responsible for maintaining records of test results.CommentsClose CommentsPermalink





‘(2) ENGLISH LANGUAGE- Every certificate required under this section shall be legible and all content required by this section shall be in the English language. A certificate may also contain the same content in any other language.CommentsClose CommentsPermalink





‘(3) AVAILABILITY OF CERTIFICATES- Every certificate required under this section shall accompany the applicable product or shipment of products covered by the same certificate and a copy of the certificate shall be furnished to each distributor or retailer of the product. Upon request, the manufacturer or private labeler issuing the certificate shall furnish a copy of the certificate to the Commission.CommentsClose CommentsPermalink





‘(4) ELECTRONIC FILING OF CERTIFICATES FOR IMPORTED PRODUCTS- In consultation with the Commissioner of Customs, the Commission may, by rule, provide for the electronic filing of certificates under this section up to 24 hours before arrival of an imported product. Upon request, the manufacturer or private labeler issuing the certificate shall furnish a copy to the Commission and to the Commissioner of Customs.CommentsClose CommentsPermalink





‘(h) Rule of Construction- Compliance of any children’s product with third party testing and certification or general conformity certification requirements under this section shall not be construed to exempt such children’s product from any requirement that such product actually be in conformity with all applicable rules, regulation, standards, or ban under any Act enforced by the Commission.’.CommentsClose CommentsPermalink





(c) CPSC Consideration of Existing Requirements- In establishing standards for accreditation of a third party conformity assessment body under section 14(a)(3) of the Consumer Product Safety Act, as added by subsection (a), the Commission may consider standards and protocols for accreditation of such conformity assessment bodies by independent accreditation organizations that are in effect on the date of enactment of this Act, but shall ensure that the protocols, standards, and requirements prescribed under such section 14(a)(3) incorporate, as the standard for accreditation, the most current scientific and technological standards and techniques available.CommentsClose CommentsPermalink





(d) Conforming Amendments- Section 14(b) (15 U.S.C. 2063(b)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘consumer products which are subject to consumer product safety standards under this Act’ and inserting ‘any product which is subject to a consumer product safety rule under this Act, or a similar rule, regulation, standard, or ban under any other Act enforced by the Commission,’; andCommentsClose CommentsPermalink





(2) by striking subsections (a) and (b) and inserting the following:`(a)(1)‘or testing programs.’ and inserting ‘, unless the Commission, by rule, requires testing by an independent third party for a particular rule, regulation, standard, or ban, or for a particular class of products.’.CommentsClose CommentsPermalink

(a) Authorization of Appropriations- Subsection (a) of section 32 (15 U.S.C. 2081) is amended to read as follows:CommentsClose CommentsPermalink





‘(a) General Authorization of Appropriations-CommentsClose CommentsPermalink





‘(1) IN GENERAL- There are authorized to be appropriated to the Commission for the purpose of carrying out the provisions of this Act and any other provision of law the Commission is authorized or directed to carry out--CommentsClose CommentsPermalink





`(A) $88,500,000 for fiscal year 2009;`(B) $96,800,000 for fiscal year 2010;`(C) $106,480,000 for fiscal year 2011;`(D) $117,128,000 for fiscal year 2012;`(E) $128,841,000 for fiscal year 2013;`(F) $141,725,000 for fiscal year 2014; and`(G) $155,900,000 for fiscal year 2015.`(2) ‘(A) $118,200,000 for fiscal year 2010; CommentsClose CommentsPermalink





‘(B) $115,640,000 for fiscal year 2011;CommentsClose CommentsPermalink





‘(C) $123,994,000 for fiscal year 2012;CommentsClose CommentsPermalink





‘(D) $131,783,000 for fiscal year 2013; andCommentsClose CommentsPermalink





‘(E) $136,409,000 for fiscal year 2014.CommentsClose CommentsPermalink





‘(2) TRAVEL ALLOWANCE- From amounts appropriated pursuant to paragraph (1), there shall shall be made available, for each of fiscal years 2009 through 2015, up to be made available $1,200,000 for fiscal year 2010, $1,248,000 for fiscal year 2011, $1,297,000 for fiscal year 2012, $1,350,000 for fiscal year 2013, and $1,403,000 for fiscal year 2014, for travel, subsistence, and related expenses incurred in furtherance of the official duties of Commissioners and employees with respect to attendance at meetings or similar functions, which shall be used by the Commission for such purposes in lieu of acceptance of payment or reimbursement for such expenses from any person--CommentsClose CommentsPermalink





`‘(A) seeking official action from, doing business with, or conducting activities regulated by, the Commission; orCommentsClose CommentsPermalink





`‘(B) whose interests may be substantially affected by the performance or nonperformance of the Commissioner's or employee'’s or employee’s official duties.`’.CommentsClose CommentsPermalink





(b) There are authorized to be appropriated to the Commission for the Office of Inspector General--`(1) $1,600,000 for fiscal year 2009;`(2) $1,770,000 for fiscal year 2010;`(3) $1,936,000 for fiscal year 2011;`(4) $2,129,600 for fiscal year 2012;`(5) $2,342,560 for fiscal year 2013;`(6) $2,576,820 for fiscal year 2014; and`(7) $2,834,500 for fiscal year 2015.`(c) There are authorized to be appropriated to the Commission for the purpose of renovation, repair, construction, equipping, and making other necessary capital improvements to the Commission's research, development, and testing facility (including bringing the facility into compliance with applicable environmental, safety, and accessibility standards), $40,000,000 for fiscal years 2009 and 2010.`(d) There are authorized to be appropriated to the Commission for research, in cooperation with the National Institute of Science and Technology, the Food and Drug Administration, and other relevant Federal agencies into safety issues related to the use of nanotechnology in consumer products, $1,000,000 for fiscal years 2009 and 2010.'.SEC. 4. PERSONNEL.(a) Professional Staff-(1) IN GENERAL- The Consumer Product SafetyReport- Not later than 180 days after the date of enactment of this Act, the Commission shall increasetransmit to the appropriate Congressional committees a report of its plans to allocate the funding authorized by subsection (a). Such report shall include--CommentsClose CommentsPermalink





(1) the number of fulltime personnel employed by the Commission to at least 500 by October 1, 2013, subject to the availability of appropriations.(2) PORTS OF ENTRY; OVERSEAS INSPECTORS- The Consumer Product Safety Commission shall hire at least 50 additional personnel to be assigned to duty stations at United States ports of entry, or to inspect overseas production facilities, by October 1, 2010, subject to the availability of appropriations.(b) PROFESSIONAL CAREER PATH- The Commission shall develop and implement a professional career development program for professional staff to encourage retention of career personnel and provide professional development opportunities for Commission employees.(c) Training Standards-(1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall--(A)-time investigators and other full-time equivalents the Commission intends to employ;CommentsClose CommentsPermalink





(2) efforts by the Commission to develop standards for training product safety inspectors and technical staff employed by the Commission;CommentsClose CommentsPermalink





and(B) submit to Congress a report on such standards.(2) CONSULTATIONS- The Commission shall develop the training standards required under paragraph (1) in consultation with a broad range of organizations with expertise in (3) efforts and policies of the Commission to encourage Commission scientific staff to seek appropriate publishing opportunities in peer-reviewed journals and other media; and CommentsClose CommentsPermalink





(4) the efforts of the Commission to reach and educate retailers of second-hand products and informal sellers, such as thrift shops and yard sales, concerning consumer product safety issuesrules and product recalls, especially those relating to durable nursery products, in order to prevent the resale of any products that have been recalled, including the development of educational materials for distribution not later than 1 year after the date of enactment of this Act.CommentsClose CommentsPermalink





(c) Conforming Amendments- Section 32 (15 U.S.C. 2081) is further amended by striking subsection (b) and redesignating subsection (c) as subsection (b) and inserting after such subsection designation the following: ‘Limitation- ’.CommentsClose CommentsPermalink

SEC. 5202. FULL COMMISSION REQUIREMENT; INTERIM QUORUM; PERSONNEL.CommentsClose CommentsPermalink

(a) Number of Commissioners-(1) IN GENERAL- The Congress finds that it is necessary, in order for the Consumer Product Safety Commission to function effectively and carry out the purposes for which the Consumer Product Safety Act was enacted, for the full complement of 5 members of the Commission to serve and participate in the business of the Commission and urges the President to nominate members to fill any vacancy in the membership of the Commission as expeditiously as practicable.(2) REPEAL OF LIMITATION- Title III ofPublic Law 102-389 is amended by striking the first proviso in the item captioned `CONSUMER PRODUCT SAFETY COMMISSION, SALARIES AND EXPENSES' (15 U.S.C. 2053 note).(b) TEMPORARY QUORUMTemporary Quorum- Notwithstanding section 4(d) of the Consumer Product Safety Act (15 U.S.C. 2053(d)), 2 members of the Consumer Product Safety Commission, if they are not affiliated with the same political party, shall constitute a quorum for the transaction of business for the 9-month1 year period beginning on the date of enactment of this Act.CommentsClose CommentsPermalink





(b) Repeal of Quorum Limitation-CommentsClose CommentsPermalink





(1) REPEAL- Title III of Public Law 102-389 is amended by striking the first proviso in the item captioned ‘Consumer Product Safety Commission, Salaries and Expenses’ (15 U.S.C. 2053 note).CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect 1 year after the date of enactment of this Act.CommentsClose CommentsPermalink





(c) Personnel-CommentsClose CommentsPermalink





(1) PROFESSIONAL STAFF- The Commission shall increase the number of full-time personnel employed by the Commission to at least 500 by October 1, 2013, subject to the availability of appropriations.CommentsClose CommentsPermalink





(2) PORTS OF ENTRY; OVERSEAS INSPECTORS- As part of the 500 full-time employees required by paragraph (1), the Commission shall hire personnel to be assigned to duty stations at United States ports of entry, or to inspect overseas manufacturing facilities, subject to the availability of appropriations.CommentsClose CommentsPermalink

SEC. 6203. SUBMISSION OF COPY OF CERTAIN DOCUMENTS TO CONGRESS.CommentsClose CommentsPermalink

(a) IN GENERAL- Notwithstanding any rule, regulation, or order to then General- Notwithstanding any rule, regulation, or order to the contrary, the Commission shall comply with the requirements of section 27(k) of the Consumer Product Safety Act (15 U.S.C. 2076(k)) with respect to budget recommendations, legislative recommendations, testimony, and comments on legislation submitted by the Commission to the President or the Office of Management and Budget after the date of enactment of this Act.CommentsClose CommentsPermalink





(b) REINSTATEMENT OF REQUIREMENT- Section 3003(d) ofeinstatement of Requirement- Section 3003(d) of Public Law 104-66 (31 U.S.C. 1113 note) is amended--CommentsClose CommentsPermalink





(1) by striking `or'‘or’ after the semicolon in paragraph (31);CommentsClose CommentsPermalink





(2) by redesignating paragraph (32) as (33); andCommentsClose CommentsPermalink





(3) by inserting after paragraph (31) the following:CommentsClose CommentsPermalink





`‘(32) section 27(k) of the Consumer Product Safety Act (15 U.S.C. 2076(k)); or'.SEC. 7. PUBLIC DISCLOSURE OF INFORMATION.Section 6 (15 U.S.C. 2055) is amended--(1) by inserting `A manufacturer or private labeler shall submit any such mark within 15 calendar days after the date on which it receives the Commission's offer.' after `paragraph (2).' in subsection (a)(3);(2) by striking `30 days' in subsection (b)(1) and inserting `15 days';(3) by striking `finds that the public' in subsection (b)(1) and inserting `publishes a finding that the public';(4) by striking `notice and publishes such a finding in the Federal Register),' in subsection (b)(1) and inserting `notice),';(5) by striking `10 days' in subsection (b)(2) and inserting `5 days';(6) by striking `finds that the public' in subsection (b)(2) and inserting `publishes a finding that the public';(7) by striking `notice and publishes such a finding in the Federal Register.' in subsection (b)(2) and inserting `notice.';(8) in subsection (b)--(A) by striking `(3)' and inserting `(3)(A)'; and(B) by adding at the end thereof the following:`(B) If the Commission determines that the public health and safety requires expedited consideration of an action brought under subparagraph (A), the Commission may file a request with the District Court for such expedited consideration. If the Commission files such a request, the District Court shall--`(i) assign the matter for hearing at the earliest possible date;`(ii) give precedence to the matter, to the greatest extent practicable, over all other matters pending on the docket of the court at the time;`(iii) expedite consideration of the matter to the greatest extent practicable; and`(iv) grant or deny the requested injunction within 30 days after the date on which the Commission's request was filed with the court.';(9) by striking `section 19 (related to prohibited acts);' in subsection (b)(4) and inserting `any consumer product safety rule or provision of this Act or similar rule or provision of any other Act enforced by the Commission;';(10) by striking `or' after the semicolon in subsection (b)(5)(B);(11) by striking `disclosure.' in subsection (b)(5)(C) and inserting `disclosure; or';(12) by inserting in subsection (b)(5) after subparagraph (C) the following:`(D) the Commission publishes a finding that the public health and safety requires public disclosure with a lesser period of notice than is required under paragraph (1).';(13) in the matter following subparagraph (D) of subsection (b)(5) (as added by paragraph (12) of this section), by striking `section 19(a),' and inserting `any consumer product safety rule or provision under this Act or similar rule or provision of any other Act enforced by the Commission,'; and(14) by adding at the end of subsection (b) the following:`(9) PUBLICLY AVAILABLE DATABASE OF REPORTED DEATHS, INJURIES, ILLNESS, AND RISK OF SUCH INCIDENTS-`(A) IN GENERAL- Not later than 1 year after the date of enactment of the CPSC Reform Act, the Commission shall establish and maintain a publicly available searchable database accessible on the Commission's web site. The database shall include any reports of injuries, illness, death, or risk of such injury, illness, or death related to the use of consumer products received by the Commission from--`(i) consumers;`(ii) local, State, or Federal government agencies;`(iii) health care professionals, including physicians, hospitals, and coroners;`(iv) child service providers;`(v) public safety entities, including police and fire fighters; and`(vi) other non-governmental sources, other than information provided to the Commission by retailers, manufacturers, or private labelers pursuant to a voluntary or required submission under section 15 or other mandatory or voluntary program.`(B) ADDITIONAL CONTENTS- In addition to the reports described in subparagraph (A), the Commission may include in the database any additional information it determines to be in the public interest.`(C) ORGANIZATION OF DATABASE- The Commission shall categorize the information available on the database by date, product, manufacturer, the model of the product, and any other category the Commission determines to be in the public interest.`(D) TIMING- The Commission shall make such reports available on the Commission website no later than 15 days after the date on which they are received.`(E) REMOVAL OF INACCURATE OR INCORRECT INFORMATION- If the Commission determines, after investigation, that information made available on the database is incorrect the Commission shall promptly remove it from the database.`(F) MANUFACTURER COMMENTS- A manufacturer, private labeler, or retailer shall be given an opportunity to comment on any information involving a product manufactured by that manufacturer, or distributed by that private labeler or retailer, as the case may be. Any such comments may be included in the database alongside the information involving such product if requested by the manufacturer, private labeler, or retailer.`(G) DISCLOSURE- The Commission may not disclose the names or addresses of consumers pursuant to its authority under this subsection.`(H) APPLICATION WITH OTHER PROVISIONS- Subsection (a) and the preceding paragraphs of this subsection do not apply to the public disclosure of information received by the Commission under subparagraph (A) of this paragraph.'’.CommentsClose CommentsPermalink

SEC. 8.204. EXPEDITED RULEMAKING.CommentsClose CommentsPermalink

(a) ANPR Requirement-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 9 (15 U.S.C. 2058) is amended--CommentsClose CommentsPermalink





(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 `‘shall be commenced’ in subsection (a) and inserting ‘may be commenced’;CommentsClose CommentsPermalink





(B) by striking ‘in the notice’ in subsection (b) and inserting ‘in a notice’;CommentsClose CommentsPermalink





(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 `’ in subsection (c) and inserting ‘unless the’;CommentsClose CommentsPermalink





(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.'‘the notice,’; andCommentsClose CommentsPermalink





(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.'’.CommentsClose CommentsPermalink





(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'’.CommentsClose CommentsPermalink





(b) Rulemaking Under Federal Hazardous Substances Act-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 3(a) of the Federal Hazardous Substances Act (15 U.S.C. 1262(a)) is amended to read as follows:CommentsClose CommentsPermalink





`(a) Rulemaking-` ‘(a) Rulemaking- CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





`‘(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.'’.CommentsClose CommentsPermalink





(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 `’ 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'’.CommentsClose CommentsPermalink





(3) ANPR REQUIREMENT- Section 3 of the Federal Hazardous Substances Act (15 U.S.C. 1262) is amended--CommentsClose CommentsPermalink





(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'; and(C) by striking `‘shall be commenced’ in subsection (f) and inserting ‘may be commenced’;CommentsClose CommentsPermalink





(B) by striking ‘in the notice’ in subsection (g)(1) and inserting ‘in a notice’;CommentsClose CommentsPermalink





(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'.’ in subsection (h) and inserting ‘unless the’; andCommentsClose CommentsPermalink





(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.’CommentsClose CommentsPermalink





(4) OTHER CONFORMING AMENDMENTS- The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) is amended--CommentsClose CommentsPermalink





(A) by striking paragraphs (c) and (d) of section 2 and inserting the following:CommentsClose CommentsPermalink





`(c) The term `Commission'‘(c) The term ‘Commission’ means the Consumer Product Safety Commission.';(B) by striking `Secretary' each place it appears and inserting `Commission'’;CommentsClose CommentsPermalink





(B) by striking ‘Secretary’ each place it appears and inserting ‘Commission’ except--CommentsClose CommentsPermalink





(i) in section 10(b) (15 U.S.C. 1269(b));CommentsClose CommentsPermalink





(ii) in section 14 (15 U.S.C. 1273); andCommentsClose CommentsPermalink





(iii) in section 21(a) (15 U.S.C. 1276(a));CommentsClose CommentsPermalink





(C) by striking `Department' each place it ‘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'‘Commission’;CommentsClose CommentsPermalink





(D) by striking ‘he’ and ‘his’ each place they appear in reference to the Secretary and inserting `it' and `its'‘it’ and ‘its’, respectively;CommentsClose CommentsPermalink





(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 `‘Commission’;CommentsClose CommentsPermalink





(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 `‘Commission’;CommentsClose CommentsPermalink





(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')'‘Commission’;CommentsClose CommentsPermalink





(H) by striking ‘Consumer Product Safety Commission’ each place it appears and inserting ‘Commission’;CommentsClose CommentsPermalink





(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)); andCommentsClose CommentsPermalink





(J) by striking paragraph (5) of section 18(b) (15 U.S.C. 1261 note).CommentsClose CommentsPermalink





(c) RULEMAKING UNDER FLAMMABLE FABRICS ACTulemaking Under Flammable Fabrics Act-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 4 of the Flammable Fabrics Act (15 U.S.C. 1193) is amended--CommentsClose CommentsPermalink





(A) by striking `shall be commenced' in subsection (g) and inserting `‘shall be commenced’ in subsection (g) and inserting ‘may be commenced by a notice of proposed rulemaking or'; and(B) by striking `’;CommentsClose CommentsPermalink





(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'.’ in subsection (i) and inserting ‘unless the’; andCommentsClose CommentsPermalink





(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.’CommentsClose CommentsPermalink





(2) OTHER CONFORMING AMENDMENTS- The Flammable Fabrics Act (15 U.S.C. 1193) is amended--CommentsClose CommentsPermalink





(A) by striking paragraph (i) of section 2 (15 U.S.C. 1191(i)) and inserting the following:CommentsClose CommentsPermalink





`(i) The term `Commission'‘(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'’;CommentsClose CommentsPermalink





(B) by striking ‘Secretary of Commerce’ each place it appears and inserting ‘Commission’;CommentsClose CommentsPermalink





(C) by striking ‘Secretary’ each place it appears and inserting ‘Commission’, except in sections 9 and 14 (15 U.S.C. 1198 and 1201);CommentsClose CommentsPermalink





(D) by striking `he' and `his' each place they appear‘he’ and ‘his’ each place either such word appears in reference to the Secretary and inserting `it' and `its'‘it’ and ‘its’, respectively;CommentsClose CommentsPermalink





(E) by striking paragraph (5) of section 4(e) (15 U.S.C. 1193(e)) and redesignating paragraph (6) as paragraph (5);CommentsClose CommentsPermalink





(F) by striking `Consumer Product Safety Commission‘Consumer Product Safety Commission (hereinafter in this section referred to as the `Commission')'‘Commission’) in section 15 (15 U.S.C. 1202) and inserting `Commission';(G) by striking section 16(d)’ and inserting ‘Commission’;CommentsClose CommentsPermalink





(G) by amending subsection (d) of section 16 (15 U.S.C. 1203(d)) and inserting the following:`) to read as follows:CommentsClose CommentsPermalink





‘(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'’; andCommentsClose CommentsPermalink





(H) by striking ‘Consumer Product Safety Commission’ in section 17 (15 U.S.C. 1204) and inserting `Commission'‘Commission’.CommentsClose CommentsPermalink

SEC. 205. INSPECTOR GENERAL AUDITS AND REPORTS.CommentsClose CommentsPermalink

(a) In General- The Act (15 U.S.C. 1251 et seq.) is amended by adding at the end the following new section:CommentsClose CommentsPermalink





‘SEC. 39. PROHIBITION ON STOCKPILING UNDER OTHER COMMISSION-ENFORCED STATUTES.Section 9(g)(2)INDUSTRY-SPONSORED TRAVEL.CommentsClose CommentsPermalink





‘Notwithstanding section 1353 of title 31, United States Code, and section 27(b)(6) of this Act, no Commissioner or employee of the Commission shall accept travel, subsistence, or related expenses with respect to attendance by a Commissioner or employee at any meeting or similar function relating to official duties of a Commissioner or an employee, from a person--CommentsClose CommentsPermalink





‘(1) seeking official action from, doing business with, or conducting activities regulated by, the Commission; orCommentsClose CommentsPermalink





‘(2) whose interests may be substantially affected by the performance or nonperformance of the Commissioner’s or employee’s official duties.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents in section 1 (15 U.S.C. 2058(g)(2)) is amended--(1) by inserting `or to which a rule under any other law enforced by the Commission applies,' after `applies,'; and(2) by striking `consumer product safety' the second, third, and fourth places it appears1 note) is amended by inserting at the end the following:CommentsClose CommentsPermalink





‘Sec. 39. Prohibition on industry-sponsored travel.’.CommentsClose CommentsPermalink

SEC. 10. THIRD PARTY CERTIFICATION OF CHILDREN'S PRODUCTS.(a) IN GENERAL- Section 14(a)207. SHARING OF INFORMATION WITH FEDERAL, STATE, LOCAL, AND FOREIGN GOVERNMENT AGENCIES.CommentsClose CommentsPermalink

Section 29 (15 U.S.C. 2063(a)) is amended--(1) by redesignating paragraph (2) as paragraph (5);(2) by striking `Every manufacturer' in paragraph (1) and inserting `Except as provided in paragraph (2), every manufacturer';(3) by designating the second and third sentences of subsection (a) as paragraphs (3) and (4), respectively;(4) by inserting after paragraph (1) the following:`(2) Beginning 60 days after the date on which the Commission publishes notice of an interim procedure designated under subsection (d)(2) of this section, every manufacturer, or its designee, of a children's product (and the private labeler, or its designee, of such product if it bears a private label) manufactured or imported after such 60th day that is subject to a children's product safety standard shall--`(A) have the product tested by a third party laboratory qualified to perform such tests or testing programs; and`(B) issue a certification which shall--`(i) certify that such product meets that standard; and`(ii) specify the applicable children's product safety standard.';(5) by striking `Such certificate shall' in paragraph (3) as redesignated by paragraph (1) and inserting `A certificate required under this subsection shall'; and(6) in paragraph (5), as redesignated by paragraph (1)--(A) by striking `required by paragraph (1) of this subsection,' and inserting `required by paragraph (1) or (2) (as the case may be),'; and(B) by striking `requirement under paragraph (1)' and inserting `requirement under paragraph (1) or (2) (as the case may be)'.(b) TESTING PROGRAMS- Section 14(b) (1578) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(f) Sharing of Information With Federal, State, Local, and Foreign Government Agencies-CommentsClose CommentsPermalink





‘(1) AGREEMENTS AND CONDITIONS- Notwithstanding the requirements of subsections (a)(3) and (b) of section 6, relating to public disclosure of information, the Commission may make information obtained by the Commission available to any Federal, State, local, or foreign government agency upon the prior certification of an appropriate official of any such agency, either by a prior agreement or memorandum of understanding with the Commission or by other written certification, that such material will be maintained in confidence and will be used only for official law enforcement or consumer protection purposes, if--CommentsClose CommentsPermalink





‘(A) the agency has set forth a bona fide legal basis for its authority to maintain the material in confidence;CommentsClose CommentsPermalink





‘(B) the materials are to be used for purposes of investigating, or engaging in enforcement proceedings related to, possible violations of--CommentsClose CommentsPermalink





‘(i) laws regulating the manufacture, importation, distribution, or sale of defective or unsafe consumer products, or other practices substantially similar to practices prohibited by any law administered by the Commission;CommentsClose CommentsPermalink





‘(ii) a law administered by the Commission, if disclosure of the material would further a Commission investigation or enforcement proceeding; orCommentsClose CommentsPermalink





‘(iii) with respect to a foreign law enforcement agency, with the approval of the Attorney General, other foreign criminal laws, if such foreign criminal laws are offenses defined in or covered by a criminal mutual legal assistance treaty in force between the government of the United States and the foreign law enforcement agency’s government; andCommentsClose CommentsPermalink





‘(C) in the case of a foreign government agency, such agency is not from a foreign state that the Secretary of State has determined, in accordance with section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 2063(b)) is amended--(1) by inserting `(1)' before the first sentence;(2) by designating the second sentence as paragraph (2); and(3) in paragraph (2), as so designated, by striking `Any test or' and inserting `Except as provided in subsection (a)(2), any test or'.(c) Children's Products; Testing by Independent Third Laboratories; Certification- Section 14 (15App. 2405(j)), has repeatedly provided support for acts of international terrorism, unless and until such determination is rescinded pursuant to section 6(j)(4) of that Act (50 U.S.C. 2063) is amended by adding at the end the following:`(d) Application to Other Consumer Products; Certifier Standards; Audit-`(1) IN GENERAL- The Commission--`(A) within 1 year after the date of enactment of the CPSC Reform Act shall by rule--`(i) establish protocols and standards--`(I) for acceptance of certification or continuing guarantees of compliance by manufacturers under this section; and`(II) for verifying that products tested by third party laboratories comply with applicable standards under this Act and other Acts enforced by the Commission;`(ii) prescribe standards for accreditation of third party laboratories, either by the Commission or by 1 or more independent standard-setting organizations to which the Commission delegates authority, to engage in certifying compliance under subsection (a)(2) for children's products or products to which the Commission extends the certification requirements of that subsection;`(iii) establish requirements, or delegate authority to 1 or more independent standard-setting organizations, for third party laboratory testing, as the Commission determines to be necessary to ensure compliance with any applicable rule or order, of random samples of products certified under this sectApp. 2405(j)(4)).CommentsClose CommentsPermalink





‘(2) ABROGATION OF AGREEMENTS- The Commission may abrogate any agreement or memorandum of understanding with another agency if the Commission determines that the other agency has failed to maintain in confidence any information provided under such agreement or memorandum of understanding, or has used any such information for purposes other than those set forth in such agreement or memorandum of understanding.CommentsClose CommentsPermalink





‘(3) ADDITIONAL RULES AGAINST DISCLOSURE- Except as provided in paragraph (4), the Commission shall not be required to disclose under section 552 of title 5, United States Code, or any other provision of law--CommentsClose CommentsPermalink





‘(A) any material obtained from a foreign government agency, if the foreign government agency has requested confidential treatment, or has precluded such disclosure under other use limitations, as a condition of providing the material;CommentsClose CommentsPermalink





‘(B) any material reflecting a consumer complaint obtained from any other foreign source, if that foreign source supplying the material has requested confidential treatment as a condition of providing the material; orCommentsClose CommentsPermalink





‘(C) any material reflecting a consumer complaint submitted to a Commission reporting mechanism sponsored in part by foreign government agencies.CommentsClose CommentsPermalink





‘(4) LIMITATION- Nothing in this subsection authorizes the Commission to determine whether they meet the requirements for certification;`(iv) establish requirements for periodic audits of third party laboratories by an independent standard-setting organization as a condition for accreditation of such laboratories under this section; and`(v) establish a program by which manufacturers may label products as compliant with the certification requirements of subsection (a)(2); and`(B) may by rule extend the certification requirements of subsection (a)(2) to other consumer products or to classes or categories of consumer products.`(2) INTERIM PROCEDURE- Within 30 days after the date of enactment of the CPSC Reform Act, the Commission shall--`(A) consider existing laboratory testing certification procedures established by independent standard-setting organizations; and`(B) designate an existing procedure, or existing procedures, for manufacturers of children's products to follow until the Commission issues a final rule under paragraph (1)(A).`(e) Definitions- In this section:`(1) CHILDREN'S PRODUCT- The term `children's product' means a consumer product designed or intended for use by, or care of, a child 7 years of age or younger that is introduced into the interstate stream of commerce. In determining whether a product is intended for use by a child 7 years of age or younger, the following factors shall be considered:`(A) A statement by a manufacturer about the intended use of such product, including a label on such product, if such statement is reasonable.`(B) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for children 7 years of age or younger.`(C) Whether the product is commonly recognized by consumers as being intended for use by a child 7 years of age or younger.`(D) The Age Determination Guidelines issued by the Commission in September 2002 and any subsequent version of such Guideline.`(2) CHILDREN'S PRODUCT SAFETY STANDARD- The term `children's product safety standard' means a consumer product safety rule or standard under this Act or any other Act enforced by the Commission, or a rule or classification under this Act or any other Act enforced by the Commission declaring a consumer product to be a banned hazardous product or substance.`(3) THIRD PARTY LABORATORY-`(A) IN GENERAL- The term `third party laboratory' means a testing entity that--`(i) is designated by the Commission, or by an independent standard-setting organization to which the Commission qualifies as capable of making such a designation, as a testing laboratory that is competent to test products for compliance with applicable safety standards under this Act and other Acts enforced by the Commission; and`(ii) except as provided in subparagraph (C), is a non-governmental entity that is not owned, managed, or controlled by the manufacturer or private labeler.`(B) TESTING AND CERTIFICATION OF ART MATERIALS AND PRODUCTS- A certifyingwithhold information from the Congress or prevent the Commission from complying with an order of a court of the United States in an action commenced by the United States or the Commission.CommentsClose CommentsPermalink





‘(5) DEFINITION- In this subsection, the term ‘foreign government agency’ means--CommentsClose CommentsPermalink





‘(A) any agency or judicial authority of a foreign government, including a foreign state, a political subdivision of a foreign state, or a multinational organization (as defined in appendix A to section 1500.14(b)(8) of title 16, Code of Federal Regulations) meets the requirements of subparagraph (A)(ii) with respect to the certification of art material and art products required under this section or by regulations issued under the Federal Hazardous Substances Act.`(C) FIREWALLED PROPRIETARY LABORATORIES- Upon request, the Commission may certify a laboratory that is owned, managed, or controlled by the manufacturer or private labeler as a third party laboratory if the Commission--`(i) finds that certification of the laboratory would provide equal or greater consumer safety protection than the manufacturer's use of an independent third party laboratory;`(ii) establishes procedures to ensure that the laboratory is protected from undue influence, including pressure to modify or hide test results, by the manufacturer or private labeler; and`(iii) establishes procedures for confidential reporting of allegations of undue influence to the Commission.`(D) Provisional certification-`(i) IN GENERAL- Upon application made to the Commission less than 1 year after the date of enactment of the CPSC Reform Act, the Commission may provide provisional certification of a laboratory described in subparagraph (C) of this paragraph, or a laboratorconstituted by and comprised of foreign states, that is vested with law enforcement or investigative authority in civil, criminal, or administrative matters; andCommentsClose CommentsPermalink





‘(B) any multinational organization, to the extent that it is acting on behalf of an entity described in subparagraph (A) of this paragraph, upon a showing that the laboratory--`(I) is certified under laboratory testing certification procedures established by an independent standard-setting organization; or`(II) provides consumer safety protection that is equal to or greater than that which would be provided by use of an independent third party laboratory.`(ii) DEADLINE- The Commission shall grant or deny any such application within 45 days after receiving the completed application.`(iii) EXPIRATION- Any such certification shall expire 90 days after the date on which the Commission publishes final rules under subsections (a)(2) and (d).`(iv) ANTI-GAP PROVISION- Within 45 days after receiving a complete application for certification under the final rule prescribed under subsections (a)(2) and (d) of this section from a laboratory provisionally certified under this subparagraph, the Commission shall grant or deny the application if the application is received by the Commission no later than 45 days after the date on which the Commission publishes such final rule.`(E) DECERTIFICATION- The Commission, or an independent standard-setting organization to which the Commission has delegated such authority, may decertify a third party laboratory (including a laboratory certified as a third party laboratory under subparagraph (B) of this paragraph) if it finds, after notice and investigation, that a manufacturer or private labeler has exerted undue influence on the laboratory.'.(d) Conforming Amendments- Section 14(b).CommentsClose CommentsPermalink





‘(g) Notification to State Health Departments- Whenever the Commission is notified of any voluntary corrective action taken by a manufacturer (or a retailer in the case of a retailer selling a product under its own label) in consultation with the Commission, or issues an order under section 15(c) or (d) with respect to any product, the Commission shall notify each State’s health department (or other agency designated by the State) of such voluntary corrective action or order.’.CommentsClose CommentsPermalink

(a) In General- The Commission may--CommentsClose CommentsPermalink





(1) retain or employ officers or employees of foreign government agencies on a temporary basis pursuant to section 4 of the Consumer Product Safety Act (15 U.S.C. 2063(b)) is amended--(1) by striking `consumer products which are subject to consumer product safety standards' and inserting `a consumer product that is subject to a consumer product safety standard, a children's product that is subject to a children's product safety standard, or either such product that is subject to any other rule under this Act (or a similar rule under any other Act enforced by the Commission)'; and(2) by striking `, at the option of the person required53) or section 3101 or 3109 of title 5, United States Code; andCommentsClose CommentsPermalink





(2) detail officers or employees of the Commission to certify the product,' and inserting `be required by the Commission to'.(e) Label and Certification- Not later than 1 year after the date of enactment of this Act, the Consumer Product Safety Commission shall prescribe a rule in accordance with section 14(a)(5) and (d) of the Consumer Product Safety Act (1work on a temporary basis for appropriate foreign government agencies for the purpose of providing or receiving training.CommentsClose CommentsPermalink





(b) Reciprocity and Reimbursement- The Commission may execute the authority contained in subsection (a) with or without reimbursement in money or in kind, and with or without reciprocal arrangements by or on behalf of the foreign government agency involved. Any amounts received as reimbursement for expenses incurred by the Commission under this section shall be credited to the appropriations account from which such expenses were paid.CommentsClose CommentsPermalink





(c) Standards of Conduct- An individual retained or employed under subsection (a)(1) shall be considered to be a Federal employee while so retained or employed, only for purposes of--CommentsClose CommentsPermalink





(1) injury compensation as provided in chapter 81 of title 5, United States Code, and tort claims liability under chapter 171 of title 28, United States Code;CommentsClose CommentsPermalink





(2) the Ethics in Government Act (5 U.S.C. 2063(a)(5) and (d)) for children's products (as defined in subsection (e) of such section).(f) PROHIBITION ON IMPORTS OF CHILDREN'S PRODUCTS WITHOUT THIRD PARTY TESTING CERTIFICATION- Section 17(aApp.) and the provisions of chapter 11 of title 18, United States Code; andCommentsClose CommentsPermalink





(3) any other statute or regulation governing the conduct of Federal employees.CommentsClose CommentsPermalink

(a) In General- Section 27(j) (15 U.S.C. 2066(a)) is amended--(1) by striking `or' at the end of paragraph (4);(2) by striking `(g).' in paragraph (5) and inserting a `(g); or'; and(3) by adding at the end the following:`(6) is a children's product, as that term is defined in section 14(e), or a product for which the Commission, under section 14(d)(1), has required certification under section 14(a)(2), that is not accompanied by a certificate from a third party as required by section 14(a)(2).'.(g) CPSC CONSIDERATION OF EXISTING REQUIREMENTS- In establishing standards for laboratories certified to perform testing under section 14 of the Consumer Product Safety Act, as amended by this section, the Consumer Product Safety Commission may consider standards and protocols for certification76(j)) is amended--CommentsClose CommentsPermalink





(1) in the matter preceding paragraph (1), by striking ‘The Commission’ and inserting ‘Notwithstanding section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note), the Commission’; andCommentsClose CommentsPermalink





(2) by redesignating paragraphs (5) through (11) as paragraphs (7) through (13), respectively, and inserting after paragraph (4) the following:CommentsClose CommentsPermalink





‘(5) the number and a summary of recall orders issued under section 12 or 15 during such year and a summary of voluntary corrective actions taken by manufacturers in consultation with the Commission of which the Commission has notified the public, and an assessment of such laboratories by independent standard-setting organizations that are in effect on the date of enactment of this Act, but shall ensure that the final rule prescribed under subsections (a)(2) and (d) of that section incorporates, as the standard for certification, the most current scientific and technological standards and techniques availableorders and actions;CommentsClose CommentsPermalink





‘(6) beginning not later than 1 year after the date of enactment of the Consumer Product Safety Improvement Act of 2008--CommentsClose CommentsPermalink





‘(A) progress reports and incident updates with respect to action plans implemented under section 15(d);CommentsClose CommentsPermalink





‘(B) statistics with respect to injuries and deaths associated with products that the Commission determines present a substantial product hazard under section 15(c); andCommentsClose CommentsPermalink





‘(C) the number and type of communication from consumers to the Commission with respect to each product with respect to which the Commission takes action under section 15(d);’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall apply with respect to reports submitted for fiscal year 2009 and thereafter.CommentsClose CommentsPermalink

Section 6 (15 U.S.C. 2055) is amended--CommentsClose CommentsPermalink





(1) by inserting ‘A manufacturer or private labeler shall submit any such mark within 15 calendar days after the date on which it receives the Commission’s offer.’ after ‘paragraph (2).’ in subsection (a)(3);CommentsClose CommentsPermalink





(2) by striking ‘30 days’ in subsection (b)(1) and inserting ‘15 days’;CommentsClose CommentsPermalink





(3) by striking ‘finds that the public’ in subsection (b)(1) and inserting ‘publishes a finding that the public’;CommentsClose CommentsPermalink





(4) by striking ‘notice and publishes such a finding in the Federal Register),’ in subsection (b)(1) and inserting ‘notice),’;CommentsClose CommentsPermalink





(5) by striking ‘10 days’ in subsection (b)(2) and inserting ‘5 days’;CommentsClose CommentsPermalink





(6) by striking ‘finds that the public’ in subsection (b)(2) and inserting ‘publishes a finding that the public’;CommentsClose CommentsPermalink





(7) by striking ‘notice and publishes such finding in the Federal Register.’ in subsection (b)(2) and inserting ‘notice.’;CommentsClose CommentsPermalink





(8) in subsection (b)--CommentsClose CommentsPermalink





(A) by striking ‘(3)’ and inserting ‘(3)(A)’; andCommentsClose CommentsPermalink





(B) by adding at the end thereof the following:CommentsClose CommentsPermalink





‘(B) If the Commission determines that the public health and safety requires expedited consideration of an action brought under subparagraph (A), the Commission may file a request with the District Court for such expedited consideration. If the Commission files such a request, the District Court shall--CommentsClose CommentsPermalink





‘(i) assign the matter for hearing at the earliest possible date;CommentsClose CommentsPermalink





‘(ii) give precedence to the matter, to the greatest extent practicable, over all other matters pending on the docket of the court at the time;CommentsClose CommentsPermalink





‘(iii) expedite consideration of the matter to the greatest extent practicable; andCommentsClose CommentsPermalink





‘(iv) grant or deny the requested injunction within 30 days after the date on which the Commission’s request was filed with the court.’;CommentsClose CommentsPermalink





(9) by striking ‘section 19 (related to prohibited acts);’ in subsection (b)(4) and inserting ‘any consumer product safety rule or provision of this Act or similar rule or provision of any other Act enforced by the Commission;’;CommentsClose CommentsPermalink





(10) by striking ‘or’ after the semicolon in subsection (b)(5)(B);CommentsClose CommentsPermalink





(11) by striking ‘disclosure.’ in subsection (b)(5)(C) and inserting ‘disclosure; or’;CommentsClose CommentsPermalink





(12) by inserting in subsection (b)(5) after subparagraph (C) the following:CommentsClose CommentsPermalink





‘(D) the Commission publishes a finding that the public health and safety requires public disclosure with a lesser period of notice than is required under paragraph (1).’; andCommentsClose CommentsPermalink





(13) in the matter following subparagraph (D) of subsection (b)(5) (as added by paragraph (12) of this section), by striking ‘section 19(a),’ and inserting ‘any consumer product safety rule or provision under this Act or similar rule or provision of any other Act enforced by the Commission,’.CommentsClose CommentsPermalink

SEC. 11. TRACKING LABELS FOR PRODUCTS FOR CHILDREN.(a) Labeling Requirement for Internet and Catalogue Advertising of Certain Toys and Games- Section 24 of the Federal Hazardous Substances Act212. ESTABLISHMENT OF A PUBLIC CONSUMER PRODUCT SAFETY DATABASE.CommentsClose CommentsPermalink

(a) In General- The Act is amended by inserting after section 6 (15 U.S.C. 1278) is amended--(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and(2) by inserting after subsection (b) the following:`(c) Internet, Catalogue, and Other Advertising-`(1) REQUIREMENT-`(A) CAUTIONARY STATEMENT- Any advertisement that provides a direct means of purchase posted by a manufacturer, retailer, distributor, private labeler, or licensor for any toy, game, balloon, small ball, or marble that requires a cautionary statement under subsections (a) and (b), including any advertisement on2055) the following:CommentsClose CommentsPermalink





‘SEC. 6A. PUBLICLY AVAILABLE CONSUMER PRODUCT SAFETY INFORMATION DATABASE.CommentsClose CommentsPermalink





‘(a) Database Required-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to the availability of appropriations, the Commission shall, in accordance with the requirements of this section, establish and maintain a database on the safety of consumer products, and other products or substances regulated by the Commission, that is--CommentsClose CommentsPermalink





‘(A) publicly available;CommentsClose CommentsPermalink





‘(B) searchable; andCommentsClose CommentsPermalink





‘(C) accessible through the Internet websites or in catalogues or other distributed materials, shall of the Commission.CommentsClose CommentsPermalink





‘(2) SUBMISSION OF DETAILED IMPLEMENTATION PLAN TO CONGRESS- Not later than 180 days after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the Commission shall transmit to the appropriate Congressional committees a detailed plan for establishing and maintaining the database required by paragraph (1), including plans for the operation, content, maintenance, and functionality of the database. The plan shall detail the integration of the database into the Commission’s overall information technology improvement objectives and plans. The plan submitted under this subsection shall include a detailed implementation schedule for the database, and plans for a public awareness campaign to be conducted by the Commission to increase consumer awareness of the database.CommentsClose CommentsPermalink





‘(3) DATE OF INITIAL AVAILABILITY- Not later than 18 months after the date on which the Commission submits the plan required by paragraph (2), the Commission shall establish the database required by paragraph (1).CommentsClose CommentsPermalink





‘(b) Content and Organization-CommentsClose CommentsPermalink





‘(1) CONTENTS- Except as provided in subsection (c)(4), the database shall include the appropriate cautionary statement required under such subsections in its entirety displayed on or immediately adjacent to such advertisement. A manufacturer, distributor, private labeler, or licensor that uses a retailer to advertise a product shall inform the retailer of any cautionary statement that may apply to such products in any communication to the retailer that contains information about the products to be advertised. The requirement imposed by the preceding sentence shall only apply to advertisements by the retailer if the manufacturer, importer, distributor, private labeler, or licensor affirmatively informs the retailer that such cautionary statement is required for the product.`(B) DISPLAY- The cautionary statement described in subparagraph (A) shall be prominently displayed--`(i) in the primary language used in the advertisement, catalogue, or Internet website;`(ii) in conspicuous and legible type in contrast by typography, layout, or color with other material printed or displayed in such advertisement; and`(iii)following:CommentsClose CommentsPermalink





‘(A) Reports of harm relating to the use of consumer products, and other products or substances regulated by the Commission, that are received by the Commission from--CommentsClose CommentsPermalink





‘(i) consumers;CommentsClose CommentsPermalink





‘(ii) local, State, or Federal government agencies;CommentsClose CommentsPermalink





‘(iii) health care professionals;CommentsClose CommentsPermalink





‘(iv) child service providers; andCommentsClose CommentsPermalink





‘(v) public safety entities.CommentsClose CommentsPermalink





‘(B) Information derived by the Commission from notice under section 15(c) or any notice to the public relating to a voluntary corrective action taken by a manufacturer, in consultation with the Commission, of which action the Commission has notified the public.CommentsClose CommentsPermalink





‘(C) The comments received by the Commission under subsection (c)(2)(A) to the extent requested under subsection (c)(2)(B).CommentsClose CommentsPermalink





‘(2) SUBMISSION OF INFORMATION- In implementing the database, the Commission shall establish the following:CommentsClose CommentsPermalink





‘(A) Electronic, telephonic, and paper-based means of submitting, for inclusion in the database, reports described in paragraph (1)(A) of this subsection.CommentsClose CommentsPermalink





‘(B) A requirement that any report described in paragraph (1)(A) submitted for inclusion in such database include, at a minimum--CommentsClose CommentsPermalink





‘(i) a description of the consumer product (or other product or substance regulated by the Commission) concerned;CommentsClose CommentsPermalink





‘(ii) identification of the manufacturer or private labeler of the consumer product (or other product or substance regulated by the Commission);CommentsClose CommentsPermalink





‘(iii) a description of the harm relating to the use of the consumer product (or other product or substance regulated by the Commission);CommentsClose CommentsPermalink





‘(iv) contact information for the person submitting the report; andCommentsClose CommentsPermalink





‘(v) a verification by the person submitting the information that the information submitted is true and accurate to the best of the person’s knowledge and that the person consents that such information be included in the database.CommentsClose CommentsPermalink





‘(3) ADDITIONAL INFORMATION- In addition to the reports received under paragraph (1), the Commission shall include in the database, consistent with the requirements of section 6(a) and (b), any additional information it determines to be in the public interest.CommentsClose CommentsPermalink





‘(4) ORGANIZATION OF DATABASE- The Commission shall categorize the information available on the database in a manner consistent with part 1500 of title 16, Code of Federal Regulations.`(C) DEFINITIONS- In this paragraph, the terms `manufacturer, retailer, distributor, private labeler, and licensor'--`(i) mean any individual who, by such individual's occupation holds himself or herself out as having knowledge or skill peculiar to consumer products, including any person who is in the business of manufacturing, selling, distributing, labeling, licensing, or otherwise placing in the stream of commerce consumer products; but`(ii) do not include an individual whose selling activity is intermittent andthe public interest and in such manner as it determines to facilitate easy use by consumers and shall ensure, to the extent practicable, that the database is sortable and accessible by--CommentsClose CommentsPermalink





‘(A) the date on which information is submitted for inclusion in the database;CommentsClose CommentsPermalink





‘(B) the name of the consumer product (or other product or substance regulated by the Commission);CommentsClose CommentsPermalink





‘(C) the model name;CommentsClose CommentsPermalink





‘(D) the manufacturer’s or private labeler’s name; andCommentsClose CommentsPermalink





‘(E) such other elements as the Commission considers in the public interest.CommentsClose CommentsPermalink





‘(5) NOTICE REQUIREMENTS- The Commission shall provide clear and conspicuous notice to users of the database that the Commission does not constitute a trade or business.`guarantee the accuracy, completeness, or adequacy of the contents of the database.CommentsClose CommentsPermalink





‘(6) AVAILABILITY OF CONTACT INFORMATION- The Commission may not disclose, under this section, the name, address, or other contact information of any individual or entity that submits to the Commission a report described in paragraph (1)(A), except that the Commission may provide such information to the manufacturer or private labeler of the product with the express written consent of the person submitting the information. Consumer information provided to a manufacturer or private labeler under this section may not be used or disseminated to any other party for any purpose other than verifying a report submitted under paragraph (1)(A).CommentsClose CommentsPermalink





‘(c) Procedural Requirements-CommentsClose CommentsPermalink





‘(1) TRANSMISSION OF REPORTS TO MANUFACTURERS AND PRIVATE LABELERS- Not later than 5 business days after the Commission receives a report described in subsection (b)(1)(A) which includes the information required by subsection (b)(2)(B), the Commission shall to the extent practicable transmit the report, subject to subsection (b)(6), to the manufacturer or private labeler identified in the report.CommentsClose CommentsPermalink





‘(2) OPPORTUNITY TO COMMENT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- If the Commission transmits a report under paragraph (1) to a manufacturer or private labeler, the Commission shall provide such manufacturer or private labeler an opportunity to submit comments to the Commission on the information contained in such report.CommentsClose CommentsPermalink





‘(B) REQUEST FOR INCLUSION IN DATABASE- A manufacturer or private labeler may request the Commission to include its comments in the database.CommentsClose CommentsPermalink





‘(C) CONFIDENTIAL MATTER-CommentsClose CommentsPermalink





‘(i) IN GENERAL- If the Commission transmits a report received under paragraph (1) to a manufacturer or private labeler, the manufacturer or private labeler may review the report for confidential information and request that portions of the report identified as confidential be so designated.CommentsClose CommentsPermalink





‘(ii) REDACTION- If the Commission determines that the designated information contains, or relates to, a trade secret or other matter referred to in section 1905 of title 18, United States Code, or that is subject to section 552(b)(4) of title 5, United States Code, the Commission shall redact the designated information in the report before it is placed in the database.CommentsClose CommentsPermalink





‘(iii) REVIEW- If the Commission determines that the designated information is not confidential under clause (ii), the Commission shall notify the manufacturer or private labeler and include the information in the database. The manufacturer or private labeler may bring an action in the district court of the United States in the district in which the complainant resides, or has its principal place of business, or in the United States District Court for the District of Columbia, to seek removal of the information from the database.CommentsClose CommentsPermalink





‘(3) PUBLICATION OF REPORTS AND COMMENTS-CommentsClose CommentsPermalink





‘(A) REPORTS- Except as provided in paragraph (4)(A), if the Commission receives a report described in subsection (b)(1)(A), the Commission shall make the report available in the database not later than the 10th business day after the date on which the Commission transmits the report under paragraph (1) of this subsection.CommentsClose CommentsPermalink





‘(B) COMMENTS- Except as provided in paragraph (4)(A), if the Commission receives a comment under paragraph (2)(A) with respect to a report described in subsection (b)(1)(A) and a request with respect to such comment under paragraph (2)(B) of this subsection, the Commission shall make such comment available in the database at the same time as such report or as soon as practicable thereafter.CommentsClose CommentsPermalink





‘(4) INACCURATE INFORMATION-CommentsClose CommentsPermalink





‘(A) INACCURATE INFORMATION IN REPORTS AND COMMENTS RECEIVED- If, prior to making a report described in subsection (b)(1)(A) or a comment described in paragraph (2)ENFORCEMENT- The requirement under paragraph (1) shall be treated as a consumer product safety standard promulgated under section 7 of the Consumer Product Safety Act (15 U.S.C. 2056). The publication or distribution of any advertisement that is not in compliance with paragraph (1) shall be treated as a prohibited act under section 19 of such Act (15 U.S.C. 2068).'.(b) Tracking Labels for Products for Children- Section 14(a) of the Consumer Product Safety Act (15 U.S.C. 2063(a)), as amended by section 10(a) of this Act, is further amended by adding at the end thereof the following:`(6) Effective 1 year after the date of enactment of the CPSC Reform Act, the manufacturer of a children's product or other consumer product (as may be required by the Commission in its discretion after a rulemaking proceeding) shall place distinguishing marks on the product and its packaging, to the extent practicable, that will enable the ultimate purchaser to ascertain the manufacturer, production time period, and cohort (including the batch, run number, or other identifying characteristic) of production of the product of this subsection available in the database, the Commission determines that the information in such report or comment is materially inaccurate, the Commission shall--CommentsClose CommentsPermalink





‘(i) decline to add the materially inaccurate information to the database;CommentsClose CommentsPermalink





‘(ii) correct the materially inaccurate information in the report or comment and add the report or comment to the database; orCommentsClose CommentsPermalink





‘(iii) add information to correct inaccurate information in the database.CommentsClose CommentsPermalink





‘(B) INACCURATE INFORMATION IN DATABASE- If the Commission determines, after investigation, that information previously made available in the database is materially inaccurate or duplicative of information in the database, the Commission shall, not later than 7 business days after such determination--CommentsClose CommentsPermalink





‘(i) remove such information from the database;CommentsClose CommentsPermalink





‘(ii) correct such information; orCommentsClose CommentsPermalink





‘(iii) add information to correct inaccurate information in the database.CommentsClose CommentsPermalink





‘(d) Annual Report- The Commission shall submit to the appropriate Congressional committees an annual report on the database, including--CommentsClose CommentsPermalink





‘(1) the operation, content, maintenance, functionality, and cost of the database for the reporting year; andCommentsClose CommentsPermalink





‘(2) the number of reports and comments for the year--CommentsClose CommentsPermalink





‘(A) received by the Commission under this section;CommentsClose CommentsPermalink





‘(B) posted on the database; andCommentsClose CommentsPermalink





‘(C) corrected on or removed from the database.CommentsClose CommentsPermalink





‘(e) GAO Study- Within 2 years after the date on which the Commission establishes the database under this section, the Comptroller General shall submit a report to the appropriate Congressional committees containing--CommentsClose CommentsPermalink





‘(1) an analysis of the general utility of the database, including--CommentsClose CommentsPermalink





‘(A) an assessment of the extent of use of the database by reference to those marks.'consumers, including whether the database is accessed by a broad range of the public and whether consumers find the database to be useful; andCommentsClose CommentsPermalink





‘(B) efforts by the Commission to inform the public about the database; andCommentsClose CommentsPermalink





‘(2) recommendations for measures to increase use of the database by consumers and to ensure use by a broad range of the public.CommentsClose CommentsPermalink





‘(f) Application of Certain Notice and Disclosure Requirements-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The provisions of section 6(a) and (b) shall not apply to the disclosure under this section of a report described in subsection (b)(1)(A) of this section.CommentsClose CommentsPermalink





‘(2) CONSTRUCTION- Paragraph (1) shall not be construed to exempt from the requirements of section 6(a) and (b) information received by the Commission under--CommentsClose CommentsPermalink





‘(A) section 15(b); orCommentsClose CommentsPermalink





‘(B) any other mandatory or voluntary reporting program established between a retailer, manufacturer, or private labeler and the Commission.CommentsClose CommentsPermalink





‘(g) Harm Defined- In this section, the term ‘harm’ means--CommentsClose CommentsPermalink





‘(1) injury, illness, or death; orCommentsClose CommentsPermalink





‘(2) risk of injury, illness, or death, as determined by the Commission.’.CommentsClose CommentsPermalink





(b) Upgrade of Commission Information Technology Systems- The Commission shall expedite efforts to upgrade and improve the information technology systems in use by the Commission on the date of enactment of this Act.CommentsClose CommentsPermalink





(c) ADVERTISING, LABELING, AND PACKAGING REPRESENTATION- Section 14(c)Clerical Amendment- The table of contents in section 1 (15 U.S.C. 2063(c)) is amended--(1) by striking `(c) The' and inserting `(c)(1) The';(2) by striking `rule)--' and inserting `rule):';(3) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively;(4) by indenting the sentence beginning `Such labels' and inserting `(2)' before `Such labels'; and(5) by adding at the end thereof the following:`(4) If an advertisement, label, or package contains a reference to a consumer product safety standard, a statement with respect to whether the product meets all applicable requirements of that standard.'51 note), as amended by section 206, is amended by inserting after the item relating to section 6 the following new item:CommentsClose CommentsPermalink





‘Sec. 6A. Publicly available consumer product safety information database.’.CommentsClose CommentsPermalink

SEC. 12. SUBSTANTIAL PRODUCT HAZARD REPORTING REQUIREMENT213. PROHIBITION ON STOCKPILING UNDER OTHER COMMISSION-ENFORCED STATUTES.CommentsClose CommentsPermalink

Section 15(b9(g)(2) (15 U.S.C. 2064(b)) is amended--(1) by striking `58(g)(2)) is amended--CommentsClose CommentsPermalink





(1) by inserting ‘or to which a rule under this Act or similar rule, regulation, standard, or ban under any other Act enforced by the Commission applies,’ after ‘applies,’; andCommentsClose CommentsPermalink





(2) by striking ‘consumer product safety rule’ the second, third, and fourth places it appears, and inserting ‘rule, regulation, standard, or ban’.CommentsClose CommentsPermalink

(a) Enhanced Recall Authority- Section 15 (15 U.S.C. 2064) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(1), by inserting ‘under this Act or a similar rule, regulation, standard, or ban under any other Act enforced by the Commission’ after ‘consumer product safety rule’;CommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) by striking ‘consumer product distributed in commerce,' and inserting `consumer product (’ and inserting ‘consumer product, or other product or substance over which the Commission has jurisdiction under this or any other Act, except forany other Act enforced by the Commission (other than motor vehicle equipment as defined in section 30102(a)(7) of title 49, United States Code), distributed in commerce,';(2’;CommentsClose CommentsPermalink





(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;CommentsClose CommentsPermalink





and(3) by inserting after paragraph (1) the following:` (C) by inserting after paragraph (1) the following: CommentsClose CommentsPermalink





‘(2) fails to comply with any rule or standard promulgated by the Commission under this or any other Act;'.SEC. 13. CORRECTIVE ACTION PLANS.other rule, regulation, standard, or ban under this Act or any other Act enforced by the Commission;’; andCommentsClose CommentsPermalink





(D) by adding at the end the following: ‘A report provided under paragraph (2) may not be used as the basis for criminal prosecution of the reporting person under section 5 of the Federal Hazardous Substances Act (15 U.S.C. 1264), except for offenses which require a showing of intent to defraud or mislead.’.CommentsClose CommentsPermalink





(3) in subsection (c)--CommentsClose CommentsPermalink





(A) by inserting ‘(1)’ after the subsection designation;CommentsClose CommentsPermalink





(B) by inserting ‘or if the Commission, after notifying the manufacturer, determines a product to be an imminently hazardous consumer product and has filed an action under section 12,’ after ‘from such substantial product hazard,’;CommentsClose CommentsPermalink





(C) by redesignating paragraphs (1) through (3) as subparagraphs (D) through (F), respectively;CommentsClose CommentsPermalink





(D) by inserting after ‘the following actions:’ the following:CommentsClose CommentsPermalink





‘(A) To cease distribution of the product.CommentsClose CommentsPermalink





‘(B) To notify all persons that transport, store, distribute, or otherwise handle the product, or to which the product has been transported, sold, distributed, or otherwise handled, to cease immediately distribution of the product.CommentsClose CommentsPermalink





‘(C) To notify appropriate State and local public health officials.’;CommentsClose CommentsPermalink





(E) by striking ‘comply.’ in subparagraph (D), as redesignated, and inserting ‘comply, including posting clear and conspicuous notice on its Internet website, providing notice to any third party Internet website on which such manufacturer, retailer, distributor, or licensor has placed the product for sale, and announcements in languages other than English and on radio and television where the Commission determines that a substantial number of consumers to whom the recall is directed may not be reached by other notice.’; andCommentsClose CommentsPermalink





(F) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) The Commission may require a notice described in paragraph (1) to be distributed in a language other than English if the Commission determines that doing so is necessary to adequately protect the public.CommentsClose CommentsPermalink





‘(3) If a district court determines, in an action filed under section 12, that the product that is the subject of such action is not an imminently hazardous consumer product, the Commission shall rescind any order issued under this subsection with respect to such product.’;CommentsClose CommentsPermalink





(4) in subsection (f)--CommentsClose CommentsPermalink





(A) by striking ‘An order’ and inserting ‘(1) Except as provided in paragraph (2), an order’; andCommentsClose CommentsPermalink





(B) by inserting at the end the following:CommentsClose CommentsPermalink





‘(2) The requirement for a hearing in paragraph (1) shall not apply to an order issued under subsection (c) or (d) relating to an imminently hazardous consumer product with regard to which the Commission has filed an action under section 12.’.CommentsClose CommentsPermalink





(b) Corrective Action Plans- Section 15(d) (15 U.S.C. 2064(d)) is amended--CommentsClose CommentsPermalink





(1) by inserting `(1)' after `(d)';(2‘(1)’ after the subsection designation;CommentsClose CommentsPermalink





(2) by inserting ‘to provide the notice required by subsection (c) and’ after ‘such product’ the first place it appears;CommentsClose CommentsPermalink





(3) by striking ‘whichever of the following actions the person to whom the order is directed elects:’ and inserting ‘any one or more of the following actions it determines to be in the public interest:’;CommentsClose CommentsPermalink





(4) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C);CommentsClose CommentsPermalink





(3) by striking `more (A)'5) in each of subparagraphs (A) and (B) (as so redesignated), by striking ‘consumer product safety rule’ each place it appears and inserting ‘rule, regulation, standard, or ban’;CommentsClose CommentsPermalink





(6) by striking ‘more (A)’ in subparagraph (C), as redesignated, and inserting `more (i)';(4) by striking `or (B)'‘more (i)’;CommentsClose CommentsPermalink





(7) by striking ‘or (B)’ in subparagraph (C), as redesignated, and inserting `or (ii)';(5) by striking `whichever of the following actions‘or (ii)’;CommentsClose CommentsPermalink





(8) by striking ‘An order under this subsection may’ and inserting:CommentsClose CommentsPermalink





‘(2) An order under this subsection shall’;CommentsClose CommentsPermalink





(9) by striking ‘satisfactory to the Commission,’ and inserting ‘for approval by the Commission,’;CommentsClose CommentsPermalink





(10) by striking ‘paragraphs of this subsection under which such person has elected to act’ and inserting ‘subparagraphs under which such person has been ordered to act’;CommentsClose CommentsPermalink





(11) by striking ‘if the person to whom the order is directed elects:' and inserting `any one or more of the following actions it determines to be in the public interest:';(6) by indenting the sentence beginning `An order' and inserting `(2)' before `An order';(7) by striking `satisfactory to the Commission,' and inserting `for approval by the Commission,';(8) by striking `described in paragraph (3).' and inserting ` to take the action described in paragraph (1)(C).'; and(9) by adding at the end the following:`3)’ and insert ‘if the Commission orders the action described in subparagraph (C)’;CommentsClose CommentsPermalink





(12) by striking ‘If an order under this subsection is directed’ and all that follows through ‘has the election under this subsection’;CommentsClose CommentsPermalink





(13) by striking ‘described in paragraph (3).’ and inserting ‘described in paragraph (1)(C).’; andCommentsClose CommentsPermalink





(14) by adding at the end the following:CommentsClose CommentsPermalink





‘(3)(A) If the Commission approves an action plan, it shall indicate its approval in writing.CommentsClose CommentsPermalink





`‘(B) If the Commission finds that an approved action plan is not effective, or that the manufacturer, or appropriate under the circumstances, or that the manufacturer, retailer, or distributor is not executing an approved action plan effectively, the Commission may by order, by order, amend, or require amendment of, the action plan.` In determining whether an approved plan is effective or appropriate under the circumstances, the Commission shall consider whether a repair or replacement changes the intended functionality of the product.CommentsClose CommentsPermalink





‘(C) If the Commission determines, after notice and opportunity for comment, that a manufacturer, retailer, or distributor has failed to comply substantially with its obligations under its action plan, the Commission may revoke its approval of the action plan. The manufacturer, retailer, or distributor to which the action plan applies may not distribute the product to which the action plan relates in commercein commerce the product to which the action plan relates after receipt of notice of a revocation of the action plan.'’.CommentsClose CommentsPermalink





(c) Content of Notice- Section 15 (15 U.S.C. 2064) is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(i) Requirements for Recall Notices-CommentsClose CommentsPermalink





‘(1) GUIDELINES- Not later than 180 days after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the Commission shall, by rule, establish guidelines setting forth a uniform class of information to be included in any notice required under an order under subsection (c) or (d) of this section or under section 12. Such guidelines shall include any information that the Commission determines would be helpful to consumers in--CommentsClose CommentsPermalink





‘(A) identifying the specific product that is subject to such an order;CommentsClose CommentsPermalink





‘(B) understanding the hazard that has been identified with such product (including information regarding incidents or injuries known to have occurred involving such product); andCommentsClose CommentsPermalink





‘(C) understanding what remedy, if any, is available to a consumer who has purchased the product.CommentsClose CommentsPermalink





‘(2) CONTENT- Except to the extent that the Commission determines with respect to a particular product that one or more of the following items is unnecessary or inappropriate under the circumstances, the notice shall include the following:CommentsClose CommentsPermalink





‘(A) description of the product, including--CommentsClose CommentsPermalink





‘(i) the model number or stock keeping unit (SKU) number of the product;CommentsClose CommentsPermalink





‘(ii) the names by which the product is commonly known; andCommentsClose CommentsPermalink





‘(iii) a photograph of the product.CommentsClose CommentsPermalink





‘(B) A description of the action being taken with respect to the product.CommentsClose CommentsPermalink





‘(C) The number of units of the product with respect to which the action is being taken.CommentsClose CommentsPermalink





‘(D) A description of the substantial product hazard and the reasons for the action.CommentsClose CommentsPermalink





‘(E) An identification of the manufacturers and significant retailers of the product.CommentsClose CommentsPermalink





‘(F) The dates between which the product was manufactured and sold.CommentsClose CommentsPermalink





‘(G) The number and a description of any injuries or deaths associated with the product, the ages of any individuals injured or killed, and the dates on which the Commission received information about such injuries or deaths.CommentsClose CommentsPermalink





‘(H) A description of--CommentsClose CommentsPermalink





‘(i) any remedy available to a consumer;CommentsClose CommentsPermalink





‘(ii) any action a consumer must take to obtain a remedy; andCommentsClose CommentsPermalink





‘(iii) any information a consumer needs in order to obtain a remedy or information about a remedy, such as mailing addresses, telephone numbers, fax numbers, and email addresses.CommentsClose CommentsPermalink





‘(I) Other information the Commission deems appropriate.’.CommentsClose CommentsPermalink

SEC. 14.215. INSPECTION OF FIREWALLED CONFORMITY ASSESSMENT BODIES; IDENTIFICATION OF MANUFACTURER BY IMPORTERS, RETAILERS, AND DISTRIBUTORS.SUPPLY CHAIN.CommentsClose CommentsPermalink

(a) Inspection of Firewalled Conformity Assessment Body- Section 16(a) (15 U.S.C. 2065(a)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘or (B)’ and inserting ‘(B) any firewalled conformity assessment bodies accredited under section 14(f)(2)(D), or (C)’ in paragraph (1); andCommentsClose CommentsPermalink





(2) by inserting ‘firewalled conformity assessment body,’ after ‘factory,’ in paragraph (2).CommentsClose CommentsPermalink





(b) Identification of Manufacturers, Importers, Retailers, and Distributors- Section 16 (15 U.S.C. 2065) is amended by adding at the end thereof the following:`(c)further amended by adding at the end thereof the following:CommentsClose CommentsPermalink





‘(c) Identification of Manufacturers, Importers, Retailers, and Distributors- Upon request by an officer or employee duly designated by the Commission--CommentsClose CommentsPermalink





`‘(1) every importer, retailer, or distributor of a consumer product (or other product or substance over which the Commission has jurisdiction under this or any other Act) shall identify the manufacturer of that product by name, address, or such other identifying information as the officer or employee may request to the extent that the information is known,, to the extent that such information is known or can be determined,readily determined by the importer, retailer, or distributor; andCommentsClose CommentsPermalink





`‘(2) every manufacturer shall identify by name, address, or such other identifying information as the officer or employee may request--CommentsClose CommentsPermalink





`‘(A) each retailer or distributor to which itthe manufacturer directly supplied a given consumer product (or other product or substance over which the Commission has jurisdiction under this or any other Act);CommentsClose CommentsPermalink





`‘(B) each subcontractor involved in the production or fabrication of such product or substance; andCommentsClose CommentsPermalink





`‘(C) each subcontractor from which itthe manufacturer obtained a component thereof.'’.CommentsClose CommentsPermalink





(c) Conforming Amendments- Section 16 (15 U.S.C. 2065) is further amended--CommentsClose CommentsPermalink





(1) in subsection (a), by inserting ‘Inspection- ’ after the subsection designation; andCommentsClose CommentsPermalink





(2) in subsection (b), by inserting ‘Recordkeeping- ’ after the subsection designation.CommentsClose CommentsPermalink

SEC. 15216. PROHIBITED ACTS.CommentsClose CommentsPermalink

(a) SALE OF RECALLED PRODUCTSale of Recalled Products- Section 19(a) (15 U.S.C. 2068(a)) is amended--CommentsClose CommentsPermalink





(1) by striking paragraphs (1) and inserting the following:`(1)(2) and inserting the following:CommentsClose CommentsPermalink





‘(1) sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States any consumer product, or other product or substance that is regulated under this Act or any other Act enforced by the Commission, that is--`(A) not in conformity with an applicable consumer product safety standard under this Act, or any similar rule under any such other Act;` not in conformity with an applicable consumer product safety rule under this Act, or any similar rule, regulation, standard, or ban under any other Act enforced by the Commission;CommentsClose CommentsPermalink





‘(2) sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States any consumer product, or other product or substance that is--CommentsClose CommentsPermalink





‘(B) subject to voluntary corrective action taken by the manufacturer, in consultation with the Commission, of which action the Commission has notified the public, but only or if the seller, distributor, or manufacturer knew or should have known of such voluntary corrective action;CommentsClose CommentsPermalink





or`(C) subject to an order issued under section ‘(C) subject to an order issued under section 12 or 15 of this Act, designated a banned hazardous substance under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.);';(2) by striking `or' after the semicolon in paragraph (7);(3) by striking `and' after the semicolon in paragraph (8);(4) by striking `insulation).' in paragraph (9) and inserting `insulation);'; and(5) by striking `18(b).' in paragraph (10) and inserting `18(b); or'.(b) Export of Recalled Products-(1) IN GENERAL- Section 18 (15 U.S.C. 2067) is amended by adding at the end thereof the following:`(c) Notwithstanding any other provision of law, the Commission may prohibit a person from exporting from the United States for purpose of sale any consumer product, or other product or substance that is regulated under this Act of any other Act enforced by the Commission, that the Commission determines, after notice to the manufacturer--`(1) is not in conformity with an applicable consumer product safety standard under this Act or with a similar rule under any such other Act and does not violate applicable safety standards established by the importing country;`(2) is subject to an order issued under section 12 or 15 of this Act or designated as; orCommentsClose CommentsPermalink





‘(D) a banned hazardous substance under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.); or`(3) is subject to voluntary corrective action taken by the manufacturer, in consultation with the Commission, of which action the Commission has notified the public and that would have been subject to mandatory corrective action under this Act or any other Act enforced by the Commission if voluntary corrective action had not been taken by the manufacturer, except that the Commission may permit such a product to be exported if it meets applicable safety standards established by the importing country.'.(2) PENALTY- Section 19(a) (15 U.S.C. 2068(a)), as amended by subsection (a) of this section, is further amended--(A) by striking `or' after the semicolon in paragraph (10);(B) by striking `37.' in paragraph (11) and inserting `37; or'; and(C) by adding at the end thereof the following:`(12) violate an order of the Commission under section 18(c).'.(3) CONFORMING AMENDMENTS TO OTHER ACTS-(A) FEDERAL HAZARDOUS SUBSTANCES ACT- Section 5(b)(3within the meaning of section 2(q)(1) of the Federal Hazardous Substances Act (15 U.S.C. 1264(b)(3)) is amended by striking `substance presents an unreasonable risk of injury to persons residing in the United States,' and inserting `substance is prohibited under section 18(c) of the Consumer Product Safety Act,'.(B) FLAMMABLE FABRICS ACT- Section 15 of the Flammable Fabrics Act (15 U.S.C. 1202) is amended by adding at the end thereof the following:`(d)(1) Notwithstanding any other provision of law, except as provided in paragraph (2), the Consumer Product Safety Commission may prohibit a person from exporting from the United States for purpose of sale any fabric, related material, or product that the Commission determines, after notice to the manufacturer--`(A) is not in conformity with an applicable consumer product safety standard under the Consumer Product Safety Act or with a rule under this Act;`(B) is subject to an order issued under section 12 or 15 of the Consumer Product Safety Act or designated as a banned hazardous substance under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.); or`(C) is subject to voluntary corrective action taken by the manufacturer, in consultation with the Commission, of which action the Commission has notified the public and that would have been subject to mandatory corrective action under this or another Act enforced by the Commission if voluntary corrective action had not been taken by the manufacturer.`(2) The Commmission may permit the exportation of a fabric, related material, or product described in paragraph (1) if it meets applicable safety standards of the country to which it is being exported.'.(c) FALSE CERTIFICATION OF COMPLIANCE WITH TESTING LABORATORY STANDARD- Section 19(a) (15 U.S.C. 2068(a)), as amended by subsection (b)(2) of this section, is further amended--(1) by striking `or'1(q)(1));’;CommentsClose CommentsPermalink





(2) by amending paragraph (6) to read as follows:CommentsClose CommentsPermalink





‘(6) fail to furnish a certificate required by this Act or any other Act enforced by the Commission, or to issue a false certificate if such person in the exercise of due care has reason to know that the certificate is false or misleading in any material respect; or to fail to comply with any requirement of section 14 (including the requirement for tracking labels) or any rule or regulation under such section;’.CommentsClose CommentsPermalink





(3) by striking ‘or’ after the semicolon in paragraph (11);(2) by striking `18(c).' in paragraph (12) and inserting `18(c); or'; and(3) by adding at the end thereof the following:`(137);CommentsClose CommentsPermalink





(4) by striking ‘and’ after the semicolon in paragraph (8);CommentsClose CommentsPermalink





(5) by striking ‘insulation).’ in paragraph (9) and inserting ‘insulation);’; andCommentsClose CommentsPermalink





(6) by striking the period at the end of paragraph (10) and inserting a semicolon; andCommentsClose CommentsPermalink





(7) by inserting at the end the following:CommentsClose CommentsPermalink





‘(12) sell, offer for sale, distribute in commerce, or import into the United States any consumer product bearing a registered safety certification mark owned by an accredited conformity assessment body, which mark is known, or should have been known, by such person to be used in a manner unauthorized by the owner of that certification mark.'.(d) MISREPRESENTATION OF INFORMATION IN INVESTIGATION- Section 19(a) (15 U.S.C. 2068(a)), as amended by subsection (c) of this section, is further amended--(1) by striking `or' after the semicolon in paragraph (12);(2) by striking `false.' in paragraph (13) and inserting `false; or'; and(3) by adding at the end thereof the following:`(14;CommentsClose CommentsPermalink





‘(13) misrepresent to any officer or employee of the Commission the scope of consumer products subject to an action required under section 12 or 15, or to make a material misrepresentation to such an officer or employee in the course of an investigation under this Act or any other Act enforced by the Commission.'.(e) CERTIFICATES OF COMPLIANCE WITH MANDATORY STANDARDS- Section 19(a)(6) (15 U.S.C. 2068(a)(6)) is amended to read as follows:`(6) fail to furnish a certificate required by this Act or any other Act enforced by the Commission, or to issue a false certificate if such person in the exercise of due care has reason to know that the certificate is false or misleading in any material respect; or to fail to comply with any rule under section 14(c);'.(f) UNDUE INFLUENCE ON THIRD PARTY LABORATORIES- Section 19(a) (15 U.S.C. 2068(a)), as amended by subsection (d) of this section, is further amended--(1) by striking `or' after the semicolon in paragraph (13);(2) by striking `Commission.' in paragraph (14) and inserting `Commission; or'; and(3) by adding at the end thereof the following:`(15; orCommentsClose CommentsPermalink





‘(14) exercise, or attempt to exercise, undue influence on a third party laboratory conformity assessment body (as defined in section 14(ef)(2)) with respect to the testing, or reporting of the results of testing, of any product for compliance with a standard under this Act or any other Act enforced by the Commission.'.SEC. 16under this Act or any other Act enforced by the Commission.CommentsClose CommentsPermalink





‘(15) export from the United States for purpose of sale any consumer product, or other product or substance regulated by the Commission (other than a consumer product or substance, the export of which is permitted by the Secretary of the Treasury pursuant to section 17(e)) that--CommentsClose CommentsPermalink





‘(A) is subject to an order issued under section 12 or 15 of this Act or is a banned hazardous substance within the meaning of section 2(q)(1) of the Federal Hazardous Substances Act (15 U.S.C. 1261(q)(1)); orCommentsClose CommentsPermalink





‘(B) is subject to a voluntary corrective action taken by the manufacturer, in consultation with the Commission, of which action the Commission has notified the public; orCommentsClose CommentsPermalink





‘(16) violate an order of the Commission issued under section 18(c).’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 17(a)(2) (15 U.S.C. 2066(a)(2)) is amended to read as follows:CommentsClose CommentsPermalink





‘(2) is not accompanied by a certificate required by this Act or any other Act enforced by the Commission, or is accompanied by a false certificate, if the manufacturer in the exercise of due care has reason to know that the certificate is false or misleading in any material respect, or is not accompanied by any label or certificate (including tracking labels) required under section 14 or any rule or regulation under such section;’.CommentsClose CommentsPermalink

SEC. 217. PENALTIES.CommentsClose CommentsPermalink

(a) Maximum Civil Penalties-(1) IN GENERAL- Section 20(a of the Consumer Product Safety Commission-CommentsClose CommentsPermalink





(1) CONSUMER PRODUCT SAFETY ACT- Section 20(a)(1) (15 U.S.C. 2069(a)) is amended--(A) by striking `$5,000' and inserting `$250,000';(B) by striking `$1,250,000' each place it appears and inserting `$20,000,000'; and(C) by striking `(1)) is amended--CommentsClose CommentsPermalink





(A) by striking ‘$5,000’ and inserting ‘$100,000’;CommentsClose CommentsPermalink





(B) by striking ‘$1,250,000’ both places it appears and inserting ‘$15,000,000’; andCommentsClose CommentsPermalink





(C) by striking ‘December 1, 1994,' in paragraph (3)(B) and inserting `’ in paragraph (3)(B) and inserting ‘December 1, 2011,'’.CommentsClose CommentsPermalink





(2) FEDERAL HAZARDOUS SUBSTANCES ACT- Section 5(c)(1) of the Federal Hazardous Substances Act (15 U.S.C. 1264(c)) is amended--(A) by striking `$5,000' in paragraph (1) and inserting `$250,000';(B) by striking `$1,250,000' each place it appears in paragraph (1) and inserting `$20,000,000'; and(C) by striking `(1)) is amended--CommentsClose CommentsPermalink





(A) by striking ‘$5,000’ in paragraph (1) and inserting ‘$100,000’;CommentsClose CommentsPermalink





(B) by striking ‘$1,250,000’ both places it appears and inserting ‘$15,000,000’; andCommentsClose CommentsPermalink





(C) by striking ‘December 1, 1994,' in paragraph (6)(B) and inserting `’ in paragraph (6)(B) and inserting ‘December 1, 2011,'’.CommentsClose CommentsPermalink





(3) FLAMMABLE FABRICS ACT- Section 5(e)(1) of the Flammable Fabrics Act (15 U.S.C. 1194(e)) is amended--(A) by striking `$5,000' in paragraph (1) and inserting `$250,000';(B) by striking `$1,250,000' in paragraph (1) and inserting `$20,000,000'; and(C) by striking `(1)) is amended--CommentsClose CommentsPermalink





(A) by striking ‘$5,000’ in paragraph (1) and inserting ‘$100,000’;CommentsClose CommentsPermalink





(B) by striking ‘$1,250,000’ and inserting ‘$15,000,000’; andCommentsClose CommentsPermalink





(C) by striking ‘December 1, 1994,' in paragraph (5)(B) and inserting `’ in paragraph (6)(B) and inserting ‘December 1, 2011,'’.CommentsClose CommentsPermalink





(4) MAXIMUMEFFECTIVE DATE- The amendments made by this subsection shall take effect on the date that is the earlier of the date on which final regulations are issued under subsection (b)(2) or 1 year after the date of enactment of this Act.CommentsClose CommentsPermalink





(b) Determination of Penalties by the Consumer Product Safety Commission-CommentsClose CommentsPermalink





(1) FACTORS TO BE CONSIDERED-CommentsClose CommentsPermalink





(A) CONSUMER PRODUCT SAFETY ACT- Section 20 (15 U.S.C. 2069) is amended--CommentsClose CommentsPermalink





(i) in subsection (b)--CommentsClose CommentsPermalink





(I) by inserting ‘the nature, circumstances, extent, and gravity of the violation, including’ after ‘shall consider’;CommentsClose CommentsPermalink





(II) by striking ‘products distributed, and’ and inserting ‘products distributed,’ ; andCommentsClose CommentsPermalink





(III) by inserting ‘, including how to mitigate undue adverse economic impacts on small businesses, and such other factors as appropriate’ before the period; andCommentsClose CommentsPermalink





(ii) in subsection (c)--CommentsClose CommentsPermalink





(I) by inserting ‘, including how to mitigate undue adverse economic impacts on small businesses, the nature, circumstances, extent, and gravity of the violation, including’ after ‘person charged’; andCommentsClose CommentsPermalink





(II) by inserting ‘, and such other factors as appropriate’ after ‘products distributed’.CommentsClose CommentsPermalink





(B) FEDERAL HAZARDOUS SUBSTANCES ACT- Section 5(c) of the Federal Hazardous Substances Act (15 U.S.C. 1264(c)) is amended--CommentsClose CommentsPermalink





(i) in paragraph (3)--CommentsClose CommentsPermalink





(I) by inserting ‘the nature, circumstances, extent, and gravity of the violation, including’ after ‘shall consider’;CommentsClose CommentsPermalink





(II) by striking ‘substance distributed, and’ and inserting ‘substance distributed,’; andCommentsClose CommentsPermalink





(III) by inserting ‘, including how to mitigate undue adverse economic impacts on small businesses, and such other factors as appropriate’ before the period; andCommentsClose CommentsPermalink





(ii) in paragraph (4)--CommentsClose CommentsPermalink





(I) by inserting ‘, including how to mitigate undue adverse economic impacts on small businesses, the nature, circumstances, extent, and gravity of the violation, including’ after ‘person charged’; andCommentsClose CommentsPermalink





(II) by inserting ‘, and such other factors as appropriate’ after ‘substance distributed’.CommentsClose CommentsPermalink





(C) FLAMMABLE FABRICS ACT- Section 5(e) of the Flammable Fabrics Act (15 U.S.C. 1194(e)) is amended--CommentsClose CommentsPermalink





(i) in paragraph (2)--CommentsClose CommentsPermalink





(I) by striking ‘nature and number’ and inserting ‘nature, circumstances, extent, and gravity’;CommentsClose CommentsPermalink





(II) by striking ‘absence of injury, and’ and inserting ‘absence of injury,’; andCommentsClose CommentsPermalink





(III) by inserting ‘, and such other factors as appropriate’ before the period; andCommentsClose CommentsPermalink





(ii) in paragraph (3)--CommentsClose CommentsPermalink





(I) by striking ‘nature and number’ and inserting ‘nature, circumstances, extent, and gravity’;CommentsClose CommentsPermalink





(II) by striking ‘absence of injury, and’ and inserting ‘absence of injury,’; andCommentsClose CommentsPermalink





(III) by inserting ‘, and such other factors as appropriate’ before the period.CommentsClose CommentsPermalink





(2) CIVIL PENALTY FOR CERTAIN VIOLATIONS- Section 20(a)(1)CRITERIA- Not later than 1 year after the date of enactment of this Act, and in accordance with the procedures of section 553 of title 5, United States Code, the Commission shall issue a final regulation providing its interpretation of the penalty factors described in section 20(b) of the Consumer Product Safety Act (15 U.S.C. 2069(a)), section 5(c)(1b)), section 5(c)(3) of the Federal Hazardous Substances Act (15 U.S.C. 1264(c)), and section 5(e)(1(3)), and section 5(e)(2) of the Flammable Fabrics Act (15 U.S.C. 1194(e)) are each amended by inserting `The Commission shall impose civil penalties exceeding $10,000,000 under this paragraph only when issuing a finding of aggravated circumstances.' after `violations.'.(b) (2)), as amended by subsection (a).CommentsClose CommentsPermalink





(c) Criminal Penalties-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 21(a) (15 U.S.C. 2070(a)) is amended to read as follows:CommentsClose CommentsPermalink





`‘(a) Violation of section 19 of this Act is punishable by--CommentsClose CommentsPermalink





`‘(1) imprisonment for not more than 5 years for a knowing and willful violation of that section;CommentsClose CommentsPermalink





`‘(2) a fine determined under section 3571 of title 18, United States Code; orCommentsClose CommentsPermalink





`(3) both.'‘(3) both.’.CommentsClose CommentsPermalink





(2) DIRECTORS, OFFICERS, AND AGENTS- Section 21(b) (15 U.S.C. 2070(b)) is amended by striking `‘19, and who has knowledge of notice of noncompliance received by the corporation from the Commission,' and inserting `19'’ and inserting ‘19’.CommentsClose CommentsPermalink





(3) UNDER THE FEDERAL HAZARDOUS SUBSTANCES ACT- Section 5(a) of the Federal Hazardous Substances Act (15 U.S.C. 1264(a)) is amended by striking `‘one year, or a fine of not more than $3,000, or both such imprisonment and fine.' and inserting `’ and inserting ‘5 years, a fine determined under section 3571 of title 18, United States Code, or both.'’.CommentsClose CommentsPermalink





(4) UNDER THE FLAMMABLE FABRICS ACT- Section 7 of the Flammable Fabrics Act (15 U.S.C. 1196) is amended to read as follows:CommentsClose CommentsPermalink

`PENALTIES`SEC. 7. ‘PENALTIES

‘Sec. 7. Violation of section 3 or 8(b) of this Act, or failure to comply with section 15(c) of this Act, is punishable by--CommentsClose CommentsPermalink





`‘(1) imprisonment for not more than 5 years for a knowing and willful violation of that section;CommentsClose CommentsPermalink





`‘(2) a fine determined under section 3571 of title 18, United States Code; orCommentsClose CommentsPermalink





`(3) both.'.(c) CIVIL PENALTY CRITERIA- Within 1 year after the date of enactment of this Act, the Consumer Product Safety Commission shall initiate a rulemaking in accordance withsection 553 of title 5, United States Code, to establish additional criteria for the imposition of civil penalties under section 20 of the Consumer Product Safety Act (15 U.S.C. 2069) and any other Act enforced by the Commission, including factors to be considered in establishing the amount of such penalties, such as repeat violations, the precedential value of prior adjudicated penalties, the factors described in section 20(b) of the Consumer Product Safety Act (15 U.S.C. 2069(b)), and other circumstances. Section 20 (15 U.S.C. 2069) is amended--(1) by striking `charged.' in subsection (b) and inserting `charged, including how to mitigate undue adverse economic impacts on small businesses.'; and(2) by striking `charged,' in subsection (c) and inserting `charged (including how to mitigate undue adverse economic impacts on small businesses),'‘(3) both.’.CommentsClose CommentsPermalink





(d) CRIMINAL PENALTIES TO INCLUDE ASSET FORFEITUREriminal Penalties To Include Asset Forfeiture- Section 21 (15 U.S.C. 2070) is amended by adding at the end thereof the following:CommentsClose CommentsPermalink





`‘(c)(1) In addition to the penalties provided by subsection (a), the penalty for a criminal violation of this Act or any other Act enforced by the Commission may include the forfeiture of assets associated with the violation.CommentsClose CommentsPermalink





`‘(2) In this subsection, the term `criminal violation'‘criminal violation’ means a violation of this Act or any other Act enforced by the Commission for which the violator is sentenced to pay a fine, be imprisoned, or both.'.SEC. 17. PREEMPTION.The provisions of sections 25 and 26 of the Consumer Product Safety Act (15 U.S.C. 2074 and 2075, respectively)), section 18 of the Federal Hazardous Substances Act (15 U.S.C. 1261 note), section 16 of the Flammable Fabrics Act (15 U.S.C. 1203), and section 7 of the Poison Packaging Prevention Act of 1970 (15 U.S.C. 1476) establishing the extent to which those Acts preempt, limit, or otherwise affect any other Federal, State, or local law, any rule, procedure, or regulation, or any cause of action under State or local law may not be expanded or contracted in scope, or limited, modified or extended in application, by any rule or regulation thereunder, 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.SEC. 18. SHARING OF INFORMATION WITH FEDERAL, STATE, LOCAL, AND FOREIGN GOVERNMENT AGENCIES.Section 29 (15 U.S.C. 2078) is amended by adding at the end thereof the following:`(f)(1) The Commission may make information obtained by the Commission under section 6 available to any Federal, State, local, or foreign government agency upon the prior certification of an appropriate official of any such agency, either by a prior agreement or memorandum of understanding with the Commission or by other written certification, that such material will be maintained in confidence and will be used only for official law enforcement or consumer protection purposes, if--`(A) the agency has set forth a bona fide legal basis for its authority to maintain the material in confidence;`(B) the materials are to be used for purposes of investigating, or engaging in enforcement proceedings related to, possible violations of--`(i) laws regulating the manufacture, importation, distribution, or sale of defective or unsafe consumer products, or other practices substantially similar to practices prohibited by any law administered by the Commission;`(ii) a law administered by the Commission, if disclosure of the material would further a Commission investigation or enforcement proceeding; or`(iii) with respect to a foreign law enforcement agency, with the approval of the Attorney General, other foreign criminal laws, if such foreign criminal laws are offenses defined in or covered by a criminal mutual legal assistance treaty in force between the government of the United States and the foreign law enforcement agency's government; and`(C) the foreign government agency is not from a foreign state that the Secretary of State has determined, in accordance with section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), has repeatedly provided support for acts of international terrorism, unless and until such determination is rescinded pursuant to section 6(j)(4) of that Act (50 U.S.C. App. 2405(j)(4)).`(2) Except as provided in paragraph (3) of this subsection, the Commission shall not be required to disclose undersection 552 of title 5, United States Code, or any other provision of law--`(A) any material obtained from a foreign government agency, if the foreign government agency has requested confidential treatment, or has precluded such disclosure under other use limitations, as a condition of providing the material;`(B) any material reflecting a consumer complaint obtained from any other foreign source, if the foreign source supplying the material has requested confidential treatment as a condition of providing the material; or`(C) any material reflecting a consumer complaint submitted to a Commission reporting mechanism sponsored in part by foreign government agencies.`(3) Nothing in this subsection shall authorize the Commission to withhold information from the Congress or prevent the Commission from complying with an order of a court of the United States in an action commenced by the United States or the Commission.`(4) The Commission may terminate a memorandum of understanding or other agreement with another agency if it determines that the other agency has not handled information made available by the Commission under paragraph (1) or has failed to maintain confidentiality with respect to the information.`(5) In this subsection, the term `foreign government agency' means--`(A) any agency or judicial authority of a foreign government, including a foreign state, a political subdivision of a foreign state, or a multinational organization constituted by and comprised of foreign states, that is vested with law enforcement or investigative authority in civil, criminal, or administrative matters; and`(B) any multinational organization, to the extent that it is acting on behalf of an entity described in subparagraph (A).'.SEC. 19. FINANCIAL RESPONSIBILITY.(a) IN GENERAL- The Act (15 U.S.C. 2051 et seq.) is amended by adding at the end thereof the following:`FINANCIAL RESPONSIBILITY`SEC. 39. (a) The Commission, in a rulemaking proceeding, may establish procedures to require the posting of an escrow, proof of insurance, or security acceptable to the Commission by--`(1) a person that has committed multiple significant violations of this Act or any rule or Act enforced by the Commission;`(2) the manufacturer or distributor of a category or class of consumer products; or`(3) the manufacturer or distributor of any consumer product or any product or substance regulated under any other Act enforced by the Commission.`(b) AMOUNT- The escrow, proof of insurance, or security required by the Commission under subsection (a) shall be in an amount sufficient--`(1) to cover the costs of an effective recall of the product or substance; or`(2) to cover the costs of holding the product and the destruction of the product should such action be required by the Commission under this Act or any other act enforced by the Commission.'.(b) Conforming Amendments-(1) The table of contents is amended by striking the item relating to section 10 and inserting the following:`Sec. 10. [Repealed].'.(2) The table of contents is amended by inserting after the item relating to section 34 the following:`Sec. 35. Interim cellulose insulation safety standard.`Sec. 36. Congressional veto of consumer product safety rules.`Sec. 37. Information reporting.`Sec. 38. Low-speed electric bicycles.`Sec. 39. Financial responsibility.'’.CommentsClose CommentsPermalink

SEC. 2018. ENFORCEMENT BY STATE ATTORNEYS GENERAL.CommentsClose CommentsPermalink

(a) IN GENERAL- The Actn General- Section 24 (15 U.S.C. 2051 et seq.) is amended by inserting after section 26 the following:`ENFORCEMENT BY STATE ATTORNEYS GENERAL`SEC. 26A. (a) Except as provided in subsection (f), whenever73) is amended--CommentsClose CommentsPermalink





(1) by striking ‘private’ in the section heading and inserting ‘additional’;CommentsClose CommentsPermalink





(2) by inserting ‘(a) In General- ’ before ‘Any interested person’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(b) State Attorney General Enforcement-CommentsClose CommentsPermalink





‘(1) RIGHT OF ACTION- Except as provided in paragraph (5), the attorney general of a State has reason to believe that the interests of the residents of that State have been, or are being, threatened or adversely affected by a violation of any consumer product safety rule, regulation, standard, certification or labeling requirement, or order prescribed under this Act or any other Act enforced by the Commission (including the sale of a voluntarily or mandatorily recalled product or of a banned hazardous substance or product), the State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to obtain, or other authorized State officer, alleging a violation of section 19(a)(1), (2), (5), (6), (7), (9), or (12) of this Act that affects or may affect such State or its residents may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found or transacts business to obtain appropriate injunctive relief provided under such Act.`(b) The State shall serve .CommentsClose CommentsPermalink





‘(2) INITIATION OF CIVIL ACTION-CommentsClose CommentsPermalink





‘(A) NOTICE TO COMMISSION REQUIRED IN ALL CASES- A State shall provide written notice to the Commission of any civil action under subsection (a)regarding any civil action under paragraph (1). Except when proceeding under subparagraph (C), the State shall provide the notice at least 60 days prior to initiating such civil action. The notice shall inclu30 days before the date on which the State intends to initiate the civil action by filing a complaint.CommentsClose CommentsPermalink





‘(B) FILING OF COMPLAINT- A State may initiate the civil action by filing a complaint--CommentsClose CommentsPermalink





‘(i) at any time after the date on which the 30-day period ends; orCommentsClose CommentsPermalink





‘(ii) earlier than such date if the Commission consents to an earlier initiation of the civil action by the State.CommentsClose CommentsPermalink





‘(C) ACTIONS INVOLVING SUBSTANTIAL PRODUCT HAZARD- Notwithstanding subparagraph (B), a State may initiate a civil action under paragraph (1) by filing a complaint immediately after notifying the Commission of the State’s determination that such immediate action is necessary to protect the residents of the State from a substantial product hazard (as defined in section 15(a)).CommentsClose CommentsPermalink





‘(D) FORM OF NOTICE- The written notice required by this paragraph may be provided by electronic mail, facsimile machine, or any other means of communication accepted by the Commission.CommentsClose CommentsPermalink





‘(E) COPY OF COMPLAINT- A State shall provide a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide notice immediatelythe Commission upon instituting such civil action.`(c) Upon receiving the notice required by subsection (b), tfiling the complaint or as soon as possible thereafter.CommentsClose CommentsPermalink





‘(3) INTERVENTION BY THE COMMISSION- The Commission may intervene in such civil action and upon intervening--CommentsClose CommentsPermalink





`(1‘(A) be heard on all matters arising in such civil action; andCommentsClose CommentsPermalink





`(2‘(B) file petitions for appeal of a decision in such civil action.CommentsClose CommentsPermalink





`(d) Nothing in this section shall ‘(4) CONSTRUCTION- Nothing in this section, section 5(d) of the Federal Hazardous Substances Act (15 U.S.C. 1264(d)), section 9 of the Poison Prevention Packaging Act of 1970, or section 5(a) of the Flammable Fabrics Act (15 U.S.C. 1194(d)) shall be construed-- CommentsClose CommentsPermalink





‘(A) to prevent the attorney general of a State, or other authorized State officer, from exercising the powers conferred on the attorney general, or other authorized State officer, by the laws of such State. Nothing in this section shall; orCommentsClose CommentsPermalink





‘(B) to prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State.CommentsClose CommentsPermalink





`(e) In a civil action brought under subsection (a)--`(1) the venue shall be a judicial district in which--`(A) the manufacturer, distributor, or retailer operates; or`(B) the manufacturer, distributor, or retailer is authorized to do business;`(2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and`(3) a person who participated with a manufacturer, distributor, or retailer in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person.`(f) If the Commission has instituted a civil action or an administrative action for violation of this Act or any other Act enforced by the Commission, no State attorney general, or other official or agency of a State, may bring an action under this section during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this Act alleged in the complaint.`(g) If the attorney general of the State prevails in any civil action under subsection (a), it can recover reasonable costs and attorney fees from the manufacturer, distributor, or retailer. Any attorney's fees recovered pursuant to this subsection shall be reviewed by the court to ensure that those fees are consistent with section 2060(f) of this title.`(h) ‘(5) LIMITATION- No separate suit shall be brought under this subsection (other than a suit alleging a violation of paragraph (1) or (2) of section 19(a)) if, at the time the suit is brought, the same alleged violation is the subject of a pending civil or criminal action by the United States under this Act. CommentsClose CommentsPermalink





‘(6) RESTRICTIONS ON PRIVATE COUNSEL- If private counsel is retained to assist in any civil action under subsection (aparagraph (1), the private counsel retained to assist the State may not--CommentsClose CommentsPermalink





‘(A) share with participants in other private civil actions that arise out of the same operative facts any information that is--CommentsClose CommentsPermalink





(1) subject to a litigation‘(i) subject to attorney-client or work product privilege; andCommentsClose CommentsPermalink





(2‘(ii) was obtained during discovery in the action under subsection (a).The private counsel retained to assist the State may not use any information that is subject to a litigation privilege andparagraph (1); orCommentsClose CommentsPermalink





‘(B) use any information that is subject to attorney-client or work product privilege that was obtained while assisting the State in the action under subsection (a) in any other private civil paragraph (1) in any other private civil actions that arise out of the same operative facts.'’.CommentsClose CommentsPermalink





(b) CONFORMINGonforming Amendments-CommentsClose CommentsPermalink





(1) POISON PREVENTION PACKAGING ACT- The Poison Prevention Packaging Act of 1970 (15 U.S.C. 1471 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 9. ENFORCEMENT BY STATE ATTORNEYS GENERAL.CommentsClose CommentsPermalink

‘The attorney general of a State, or other authorized State officer, alleging a violation of a standard or rule promulgated under section 3 that affects or may affect such State or its residents, may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found or transacts business to obtain appropriate injunctive relief. The procedural requirements of section 24(b) of the Consumer Product Safety Act (15 U.S.C. 2073(b)) shall apply to any such action.’.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of contents is amended by inserting aftern section 1 (15 U.S.C. 2051 note) is amended by striking the item relating to section 26 the following:`Sec. 26A. Enforcement by state attorneys general.'4 and inserting the following:CommentsClose CommentsPermalink





‘Sec. 24. Additional enforcement of product safety rules and of section 15 orders.’.CommentsClose CommentsPermalink

SEC. 219. WHISTLEBLOWER PROTECTIONS.CommentsClose CommentsPermalink

(a) IN GENERALn General- The Act (15 U.S.C. 2051 et seq.), as amended by section 19, is further amended by adding at the end the following:`WHISTLEBLOWER PROTECTION`SEC. 40.206 of this Act, is further amended by adding at the end the following:CommentsClose CommentsPermalink

‘WHISTLEBLOWER PROTECTION

‘Sec. 40. (a) No manufacturer, private labeler, distributor, or retailer, nor any Federal, State, or local government agency, may discharge an employee or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment because the employee, whether at the employee'’s initiative or in the ordinary course of the employee'’s duties (or any person acting pursuant to a request of the employee)--CommentsClose CommentsPermalink





`‘(1) provided, caused to be provided, or is about to provide or cause to be provided to the employer, the Federal Government, or the attorney general of a State information relating to any violation of, or any act or omission the employee reasonably believes to be a violation of an order, regulation, rule, or other provision of this Act or any other Act enforced by the Commission;`y provision of this Act or any other Act enforced by the Commission, or any order, rule, regulation, standard, or ban under any such Acts;CommentsClose CommentsPermalink





‘(2) testified or is about to testify in a proceeding concerning such violation;CommentsClose CommentsPermalink





`‘(3) assisted or participated or is about to assist or participate in such a proceeding; orCommentsClose CommentsPermalink





`‘(4) objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of an order, regulation, rule, or other provision of this Act or any other Act enforced by the Commission.`y provision of this Act or any other Act enforced by the Commission, or any order, rule, regulation, standard, or ban under any such Acts.CommentsClose CommentsPermalink





‘(b)(1) A person who believes that he or she has been discharged or otherwise discriminated against by any person in violation of subsection (a) may, not later than 180 days after the date on which such violation occurs, file (or have any person file on his or her behalf) a complaint with the Secretary of Labor alleging such discharge or discrimination and identifying the person responsible for such act. Upon receipt of such a complaint, the Secretary shall notify, in writing, the person named in the complaint of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting the complaint, and of the opportunities that will be afforded to such person under paragraph (2).CommentsClose CommentsPermalink





`‘(2)(A) Not later than 60 days after the date of receipt of a complaint filed under paragraph (1) and after affording the complainant and the person named in the complaint an opportunity to submit to the Secretary a written response to the complaint and an opportunity to meet with a representative of the Secretary to present statements from witnesses, the Secretary shall initiate an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify, in writing, the complainant and the person alleged to have committed a violation of subsection (a) of the Secretary'’s findings. If the Secretary concludes that there is reasonable cause to believe that a violation of subsection (a) has occurred, the Secretary shall accompany the Secretary'’s findings with a preliminary order providing the relief prescribed by paragraph (3)(B). Not later than 30 days after the date of notification of findings under this paragraph, either the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order, or both, and request a hearing on the record. The filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. Any such hearing shall be conducted expeditiously. If a hearing is not requested in such 30-day period, the preliminary order shall be deemed a final order that is not subject to judicial review.CommentsClose CommentsPermalink





`‘(B)(i) The Secretary shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.CommentsClose CommentsPermalink





`‘(ii) Notwithstanding a finding by the Secretary that the complainant has made the showing required under clause (i), no investigation otherwise required under subparagraph (A) shall be conducted if the employer demonstrates, by clear and convincing evidence, that the employer would have taken the same unfavorable personnel action in the absence of that behavior.CommentsClose CommentsPermalink





`‘(iii) The Secretary may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.CommentsClose CommentsPermalink





`‘(iv) Relief may not be ordered under subparagraph (A) if the employer demonstrates by clear and convincing evidence that the employer would have taken the same unfavorable personnel action in the absence of that behavior.CommentsClose CommentsPermalink





`‘(3)(A) Not later than 120 days after the date of conclusion of any hearing under paragraph (2), the Secretary shall issue a final order providing the relief prescribed by this paragraph or denying the complaint. At any time before issuance of a final order, a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the Secretary, the complainant, and the person alleged to have committed the violation.CommentsClose CommentsPermalink





`‘(B) If, in response to a complaint filed under paragraph (1), the Secretary determines that a violation of subsection (a) has occurred, the Secretary shall order the person who committed such violation--CommentsClose CommentsPermalink





`‘(i) to take affirmative action to abate the violation;CommentsClose CommentsPermalink





`‘(ii) to reinstate the complainant to his or her former position together with compensation (including back pay) and restore the terms, conditions, and privileges associated with his or her employment; andCommentsClose CommentsPermalink





`‘(iii) to provide compensatory damages to the complainant.CommentsClose CommentsPermalink





If such an order is issued under this paragraph, the Secretary, at the request of the complainant, shall assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorneys'’ and expert witness fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued.CommentsClose CommentsPermalink





`‘(C) If the Secretary finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Secretary may award to the prevailing employer a reasonable attorneys'’ fee, not exceeding $1,000, to be paid by the complainant.CommentsClose CommentsPermalink





`‘(4) If the Secretary has not issued a final decision within 210 days after the filing of the complaint, or within 90 days after receiving a written determination, the complainant may bring an action at law or equity for de novo review in the appropriate district court of the United States with jurisdiction, which shall have jurisdiction over such an action without regard to the amount in controversy, and which action shall, at the request of either party to such action, be tried by the court with a jury. The proceedings shall be governed by the same legal burdens of proof specified in paragraph (2)(B). The court shall have jurisdiction to grant all relief necessary to make the employee whole, including injunctive relief and compensatory damages, including--CommentsClose CommentsPermalink





`‘(A) reinstatement with the same seniority status that the employee would have had, but for the discharge or discrimination;CommentsClose CommentsPermalink





`‘(B) the amount of back pay, with interest; andCommentsClose CommentsPermalink





`‘(C) compensation for any special damages sustained as a result of the discharge or discrimination, including litigation costs, expert witness fees, and reasonable attorney fees.`(5)(A) A’s fees.CommentsClose CommentsPermalink





‘(5)(A) Unless the complainant brings an action under paragraph (4), any person adversely affected or aggrieved by a final order issued under paragraph (3) may obtain review of the order in the United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred or the circuit in which the complainant resided on the date of such violation. The petition for review must be filed not later than 60 days after the date of the issuance of the final order of the Secretary. Review shall conform to chapter 7 of title 5, United States Code. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the order.CommentsClose CommentsPermalink





`‘(B) An order of the Secretary with respect to which review could have been obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding.CommentsClose CommentsPermalink





`‘(6) Whenever any person has failed to comply with an order issued under paragraph (3), the Secretary may file a civil action in the United States district court for the district in which the violation was found to occur, or in the United States district court for the District of Columbia, to enforce such order. In actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including, but not limited to, injunctive relief and compensatory damages.CommentsClose CommentsPermalink





`‘(7)(A) A person on whose behalf an order was issued under paragraph (3) may commence a civil action against the person to whom such order was issued to require compliance with such order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order.CommentsClose CommentsPermalink





`‘(B) The court, in issuing any final order under this paragraph, may award costs of litigation (including reasonable attorneys'’ and expert witness fees) to any party whenever the court determines such award is appropriate.CommentsClose CommentsPermalink





`(8) Notwithstanding paragraphs (1) through (7), a Federal employee shall be limited to the remedies available under chapters 12 and 23 of title 5, United States Code, for any violation of this section.`‘(c) Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28, United States Code.CommentsClose CommentsPermalink





`‘(d) Subsection (a) shall not apply with respect to an employee of a manufacturer, private labeler, distributor, or retailer who, acting without direction from such manufacturer, private labeler, distributor, or retailer (or such person'’s agent), deliberately causes a violation of any requirement relating to any violation or alleged violation of any order, regulation, or consumer product safety standard under this Act or any other law enforced by the Commission.'.(b) CONFORMING AMENDMENT’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The table of contents, as amended by section 19206 of this Act, is further amended by inserting after the item relating to section 39 the following:CommentsClose CommentsPermalink





`‘Sec. 40. Whistleblower protection.'.SEC. 22. BAN ON CHILDREN'S PRODUCTS CONTAINING LEAD; LEAD PAINT RULE.(a) IN GENERAL- Beginning on the date that is 1 year after the date of enactment of this Act, any children's product (as defined in section 14(e) of the Consumer Product Safety Act’.CommentsClose CommentsPermalink

(a) In General- Section 18 (15 U.S.C. 2063(e))) that contains lead shall be treated as a banned hazardous substance under the Federal Hazardous Substance7) is amended--CommentsClose CommentsPermalink





(1) in subsection (b), by striking ‘any product--’ and all that follows through ‘promulgated under section 9,’ and inserting ‘any product which is not in conformity with an applicable consumer product safety rule in effect under this Act,’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(c) The Commission may prohibit a person from exporting from the United States for purpose of sale any consumer product that is not in conformity with an applicable consumer product safety rule under this Act, unless the importing country has notified the Commission that such country accepts the importation of such consumer product, provided that if the importing country has not so notified the Commission within 30 days after the Commission has provided notice to the importing country of the impending shipment, the Commission may take such action as appropriate within its authority with respect to the disposition of the product under the circumstances.CommentsClose CommentsPermalink





‘(d) Nothing in this section shall apply to any consumer product, the export of which is permitted by the Secretary of the Treasury pursuant to section 17(e).’.CommentsClose CommentsPermalink





(b) Conforming Amendments to Flammable Fabrics Act- Section 15 of the Flammable Fabrics Act (15 U.S.C. 1261 et seq.).(b) Trace Amounts of Lead-(1) INITIAL STANDARD- For purposes of subsection (a), a children's product shall be considered to contain lead if any part of the product contains lead or lead compounds and the lead content of such part (calculated as lead metal) is greater than 0.03 percent by weight of the total weight of such part (or such lesser amount as may be established by the Commission by regulation).(2) Reduced threshold-(A) IN GENERAL- Beginning on the date that is 3 years after the date of enactment of this Act, paragraph (1) shall be applied by substituting `0.01 percent' for `0.03 percent' unless the Consumer Product Safety Commission determines that a standard of 0.01 percent is not technologically feasible. The Commission may make such a determination only after notice and a hearing and after analyzing the public health protections associated with substantially reducing lead in children's products.(B) ALTERNATIVE REDUCTION- If the Commission determines under subparagraph (A) that the 0.01 percent standard is not technologically feasible, the Commission shall, by regulation, establish a lesser amount that is the lowest amount of lead, lower than 0.03 percent by weight, the Commission determines to be technologically feasible to achieve. The amount of lead established by the Commission02) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(d) Notwithstanding any other provision of this section, the Consumer Product Safety Commission may prohibit, by order, a person from exporting from the United States for purpose of sale any fabric or related material that the Commission determines is not in conformity with an applicable standard or rule under this Act, unless the importing country has notified the Commission that such country accepts the importation of such fabric or related material, provided that if the importing country has not so notified the Commission within 30 days after the Commission has provided notice to the importing country of the impending shipment, the Commission may take such action as is appropriate with respect to the disposition of the fabric or related material under the preceding sentence shall be substituted for the 0.03 percent standard under paragraphcircumstances.CommentsClose CommentsPermalink





‘(e) Nothing in this section shall apply to any fabric or related material, the export of which is permitted by the Secretary of the Treasury pursuant to section 17(e).’.CommentsClose CommentsPermalink

(a) Risk Assessment Methodology- Not later than 2 years after the date of enactment of this Act, the Commission shall develop a risk assessment methodology for the identification of shipments of consumer products that are--CommentsClose CommentsPermalink





(1) beginning on the date that is 3 years after the date of enactment of this Actintended for import into the United States; andCommentsClose CommentsPermalink





(2) likely to include consumer products in violation of section 17(a) of the Consumer Product Safety Act (15 U.S.C. 2066(a)) or other import provisions enforced by the Commission.CommentsClose CommentsPermalink





(b) Use of International Trade Data System and Other Databases- In developing the methodology required under subsection (a), the Commission shall--CommentsClose CommentsPermalink





(1) provide for the use of the International Trade Data System, insofar as is practicable, established under section 411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)) to evaluate and assess information about shipments of consumer products intended for import into the customs territory of the United States;CommentsClose CommentsPermalink





(2) incorporate the risk assessment methodology required under this section into its information technology modernization plan;CommentsClose CommentsPermalink





(3) examine, in consultation with U.S. Customs and Border Protection, how to share information collected and retained by the Commission, including information in the database required under section 6A of the Consumer Product Safety Act, for the purpose of identifying shipments of consumer products in violation of section 17(a) of such Act (15 U.S.C. 2066(a)) or other import provisions enforced by the Commission; andCommentsClose CommentsPermalink





(4) examine, in consultation with U.S. Customs and Border Protection, how to share information required by section 15(j) of the CPSA as added by section 223 of this Act for the purpose of identifying shipments of consumer products in violation of section 17(a) of the Consumer Product Safety Act (15 U.S.C. 2066(a)) or other import provisions enforced by the Commission.CommentsClose CommentsPermalink





(c) Exceptions-(1) Inaccessible components-(A) IN GENERAL- Subsection (a) does not apply to a component of a children's product that is not accessible to a child because it is not physically exposed by reason of a sealed covering or casing and will not become physically exposed through normal and reasonably foreseeable use and abuse of the product.(B) INACCESSIBILITY PROCEEDING- Within 2 years after the date of enactment of this Act, the Commission shall promulgate a rule providing guidance with respect to what product components, or classes of components, will be considered to be inaccessible for purposes of subparagraph (A).(C) APPLICATION PENDING CPSC GUIDANCE- Until the Commission promulgates a rule pursuant to subparagraph (B), the determination of whether a product component is inaccessible to a child shall be made in accordance with the requirements of subparagraph (A) for considering a component to be inaccessible to a child.(D) CERTAIN BARRIERS DISQUALIFIED- For purposes of this paragraph, paint, coatings, or electroplating may not be considered to be a barrier that would render lead in the substrate inaccessible to a child through normal and reasonably foreseeable use and abuse of the product.(2) ELECTRONICS- If the Commission determines that it is not feasible for certain electronic devices, including batteries, to comply with subsection (a) at the time the regulations take effect, the Commission shall, by regulation--(A) issue standards to reduce the exposure of and accessibility to lead in such electronic devices; and(B) establish a schedule by which such electronic devices shall be in full compliance with the regulations prescribed under subsection (a).(3) LEAD CRYSTAL- The Commission may by rule provide that subsection (a) does not apply to lead crystal if the Commission determines, after notice and a hearing, that the lead content in lead crystal will neither--(A) result in the absorption of lead into the human body; nor(B) have an adverse impact on public health and safety.(d) REGULATIONS- Notwithstanding the provisions of subsection (b), the Commission may by regulation establish such lower thresholds for lead content in children's products than those set forth in subsection (b) as the Commission finds to be technologically feasible.(e) PAINT STANDARD FOR ALL PRODUCTS- Effective on the date that is 1 year after the date of enactment of this Act, the Consumer Product SafetyCooperation With U.S. Customs and Border Protection- Not later than 1 year after the date of enactment of this Act, the Commission shall modify section 1303.1 of its regulations (16 C.F.R. 1303.1) by substituting `0.009 percent' for `0.06 percent' in subsection (a) of that section.(f) Application with ASTM F963- To the extent that any standard or rule promulgated by the Consumer Product Safety Commission under this section (or any section of the Consumer Product Safety Act or any other Act enforced by the Commission, as such Acts are affected by this section) is inconsistent with the ASTM F963 standard, such promulgated standard or rule shall supersede the ASTM F963 standard to the extent of the inconsistency.SEC. 23. ALTERNATIVE MEASURES OF LEAD CONTENT.The Consumer Product Safety Commission, in cooperation with the National Academy of Sciences anddevelop a plan for sharing information and coordinating with U.S. Customs and Border Protection that considers, at a minimum, the following:CommentsClose CommentsPermalink





(1) The number of full-time equivalent personnel employed by the Commission that should be stationed at U.S. ports of entry for the purpose of identifying shipments of consumer products that are in violation of section 17(a) of the Consumer Product Safety Act (15 U.S.C. 2066(a)) or other import provisions enforced by the Commission.CommentsClose CommentsPermalink





(2) The extent and nature of cooperation between the Commission and U.S. Customs and Border Protection personnel stationed at ports of entry in the identification of shipments of consumer product that are in violation of section 17(a) of the Consumer Product Safety Act (15 U.S.C. 2066(a)) or other import provisions enforced by the Commission under this Act or any other provision of law.CommentsClose CommentsPermalink





(3) The number of full-time equivalent personnel employed by the Commission that should be stationed at the National Institute of Standards and Technology, shall study the feasibility of establishing a measurement standard based on a units-of-mass-per-area standard (similar to existing measurement standards used by the Department of Housing and Urban Development and the EnvironmentalTargeting Center (or its equivalent) of U.S. Customs and Border Protection, including--CommentsClose CommentsPermalink





(A) the extent and nature of cooperation between Commission and U.S. Customs and Border Protection Agency to measure for metals in household paint and soil, respectively) that is statistically comparable to the parts-per-million measurement standard currently used in laboratory analysis.SEC. 24. STUDY OF PREVENTABLE INJURIES AND DEATHS OF MINORITY CHILDREN RELATED TO CERTAIN CONSUMER PRODUCTS.(a) IN GENERAL- Within 90 days after the date of enactment of this Act, the Government Accountability Office shall initiate a study to assess disparities in the risks and incidence of preventable injuries and deaths among children of minority populations, including Black, Hispanic, American Indian, Alaskan Native, Native Hawaiian, and Asian/Pacific Islander children in the United States.(b) REQUIREMENTS- The study shall examine the racial disparities of the rates of preventable injuries and deaths related to suffocation, poisonings, and drowning including those associated with the use of cribs, mattresses and bedding materials, swimming pools and spas, and toys and other products intended for use by children.(c) REPORT- Not later than 1 year after the date of enactment of this Act, the Comptroller General shall report the findings to the Senate Commerce, Science, and Transportation Committee and the House of Representatives Energy and Commerce Committee. The report shall include--(1) the Government Accountability Office's findings on the incidence of preventable risks of injury and death among children of minority populations and recommendations for minimizing such increased risks;(2) recommendations for public outreach, awareness, and prevention campaigns specifically aimed at racial minority populations; and(3) recommendations for education initiatives that may reduce current statistical disparities.SEC. 25. COST-BENEFIT ANALYSIS UNDER THE POISON PREVENTION PACKAGING ACT OF 1970.Section 3 ofpersonnel stationed at the National Targeting Center (or its equivalent), as well as at United States ports of entry;CommentsClose CommentsPermalink





(B) the responsibilities of Commission personnel assigned to the National Targeting Center (or its equivalent) under subsection (b)(3); andCommentsClose CommentsPermalink





(C) whether the information available at the National Targeting Center (or its equivalent) would be useful to the Commission or U.S. Customs and Border Protection in identifying the consumer products described in subsection (a).CommentsClose CommentsPermalink





(4) The development of rule sets for the Automated Targeting System and expedited access for the Commission to the Automated Targeting System.CommentsClose CommentsPermalink





(5) The information and resources necessary for the development, updating, and effective implementation of the risk assessment methodology required in subsection (a).CommentsClose CommentsPermalink





(d) Report to Congress- Not later than 180 days after completion of the risk assessment methodology required under this section, the Commission shall submit a report to the appropriate Congressional committees concerning, at a minimum, the following:CommentsClose CommentsPermalink





(1) The Commission’s plan for implementing the risk assessment methodology required under this section.CommentsClose CommentsPermalink





(2) The changes made or necessary to be made to the Commission’s memorandum of understanding with U.S. Customs and Border Protection.CommentsClose CommentsPermalink





(3) The status of--CommentsClose CommentsPermalink





(A) the development of the Automated Targeting System rule set required under subsection (c)(4) of this section;CommentsClose CommentsPermalink





(B) the Commission’s access to the Automated Targeting System; andCommentsClose CommentsPermalink





(C) the effectiveness of the International Trade Data System in enhancing cooperation between the Commission and U.S. Customs and Border Protection for the purpose of identifying shipments of consumer products in violation of section 17(a) of the Consumer Product Safety Act (15 U.S.C. 2066(a)) or other import provisions enforced by the Commission;CommentsClose CommentsPermalink





(4) Whether the Commission requires additional statutory authority under the Consumer Product Safety Act, the Federal Hazardous Substances Act, the Flammable Fabrics Act, or the Poison Prevention Packaging Act of 1970 in order to implement the risk assessment methodology required under this section.CommentsClose CommentsPermalink





(5) The level of appropriations necessary to implement the risk assessment methodology required under this section.CommentsClose CommentsPermalink

(a) Identification of Substantial Hazards- Section 15 (15 U.S.C. 1472)2064), as amended by section 214, is amended by adding at the end thereof the following:CommentsClose CommentsPermalink





`(e) Nothing in this A ‘(j) Substantial Product Hazard List- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Commission may specify, by rule, for any consumer product or class of consumer products, characteristics whose existence or absence shall be deemed a substantial product hazard under subsection (a)(2), if the Commission determines that--CommentsClose CommentsPermalink





‘(A) such characteristics are readily observable and have been addressed by voluntary standards; andCommentsClose CommentsPermalink





‘(B) such standards have been effective in reducing the risk of injury from consumer products and that there is substantial compliance with such standards.CommentsClose CommentsPermalink





‘(2) JUDICIAL REVIEW- Not later than 60 days after promulgation of a rule under paragraph (1), any person adversely affected by such rule may file a petition for review under the procedures set forth in section 11 of this Act.’.CommentsClose CommentsPermalink





(b) Destruction of Noncompliant Imported Products- Section 17(e) (15 U.S.C. 2066(e)) is amended to read as follows:CommentsClose CommentsPermalink





‘(e) Products refused admission into the customs territory of the United States shall be destroyed unless, upon application by the owner, consignee, or importer of record, the Secretary of the Treasury permits the export of the product in lieu of destruction. If the owner, consignee, or importer of record does not export the product within 90 days of approval to export, such product shall be construed to require the Secretary, in establishing a standard under this section, to prepare a comparison of the costs that would be incurred in complying with such standard with the benefits of such standard.'.SEC. 26. INSPECTOR GENERAL REPORTS.(a) Implementation by the Commission-(1) IN GENERAL- The Inspector General of the Consumer Product Safetydestroyed.’.CommentsClose CommentsPermalink





(c) Inspection and Recordkeeping Requirement- The Act is further amended--CommentsClose CommentsPermalink





(1) by amending section 17(g) (15 U.S.C. 2066(g)) to read as follows:CommentsClose CommentsPermalink





‘(g) Manufacturers of imported products shall be in compliance with all inspection and recordkeeping requirements under section 16 applicable to such products, and the Commission shall conduct reviews and audits of implementation of the Consumer Product Safety Act by the Commission, including--(A) an assessment of the ability of the Commission to enforce subsections (a)(2) and (d)advise the Secretary of the Treasury of any manufacturer who is not in compliance with all inspection and recordkeeping requirements under section 16.’; andCommentsClose CommentsPermalink





(2) by adding at the end of section 14 of the Act6 (15 U.S.C. 2063), as amended by section 10 of this Act, including the ability of the Commission to enforce the prohibition on imports of children's products without third party testing certification under section 17(a)(6) of the Act (15 U.S.C. 2066)(a)(6), as added by section 10 of this Act;(B) an assessment of the ability of the Commission to enforce section 14(a)(6) of t5) the following:CommentsClose CommentsPermalink





‘(d) The Commission shall, by rule, condition the manufacturing for sale, offering for sale, distribution in commerce, or importation into the United States of any consumer product or other product on the manufacturer’s compliance with the inspection and recordkeeping requirements of this Act and the Commission’s rules with respect to such requirements.’.CommentsClose CommentsPermalink

(a) In General- The Act (15 U.S.C. 2063(a)(6)), as added by section 11 of this Act, and section 16(c) of the Act, as added by section 14 of this Act; and(C) an audit of the Commission's capital improvement efforts, including construction of a new testing facility.(2) ANNUAL REPORT- The Inspector General shall submit an annual report, setting forth the Inspector General's findings, conclusions, and recommendations from the reviews and audits under paragraph (1), for each of fiscal years 2009 through 2015 to the Commission, the Senate Committee on Commerce, Science, and Transportation, and the House of Representatives Committee on Energy and Commerce.(b) Employee Complaints-(1) IN GENERAL- Within 1 year after the date of enactment of this Act, the Inspector General shall conduct a review of--(A) complaints received by the Inspector General from employees of the Commission about failures of other employees to properly enforce the rules or regulations of the Consumer Product Safety Act or any other Act enforced by the Commission, including the negotiation of corrective action plans in the recall process; and(B) the process by which corrective action plans are negotiated by the Commission, including an assessment of the length of time for these negotiations and the effectiveness of the plans.(2) REPORT- The Inspector General shall submit a report, setting forth the Inspector General's findings, conclusions, and recommendations, to the Commission, the Senate Committee on Commerce, Science, and Transportation, and the House of Representatives Committee on Energy and Commerce.(c) Leaks-(1) IN GENERAL- Within 1 year after the date of enactment of this Act,51 et seq.), as amended by section 219, is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘SEC. 41. FINANCIAL RESPONSIBILITY.CommentsClose CommentsPermalink





‘(a) Identification and Determination of Bond- The Commission, in consultation with U.S. Customs and Border Protection and other relevant Federal agencies, shall identify any consumer product, or other product or substance that is regulated under this Act or any other Act enforced by the Commission, for which the Inspector General shall--(A) cost of destruction would normally exceed bond amounts determined under sections 623 and 624 of the Tariff Act of 1930 (19 U.S.C. 1623, 1624) and shall recommend to U.S. Customs and Border Protection a bond amount sufficient to cover the cost of destruction of such products or substances.CommentsClose CommentsPermalink





‘(b) Study of Requiring Escrow for Recalls and Destruction of Products-CommentsClose CommentsPermalink





‘(1) STUDY- The Comptroller General shall conduct a review of whether, and to what extent, there have been unauthorized and unlawful disclosures of information by Members, officers, or employees of the Commission to persons regulated by the Commission that are not authorized to receive such information; and(B) to the extent that such unauthorized and unlawful disclosures have occurred, determine--(i) what class or kind of information was most frequently involved in such disclosures; and(ii) how frequently such disclosures have occurred.(2) REPORT- The Inspector General shall submit a report, setting forth the Inspector General's findings, conclusions, and recommendations, to the Commission, the Senate Committee on Commerce, Science, and Transportation, and the House of Representatives Committee on Energy and Commerce.SEC. 27. PUBLIC INTERNET WEBSITE LINKS.Not later than 30 days after the date of enactment of this Act, the Consumer Product Safety Commission shall establish and maintain--(1) a direct link on the homepage of its Internet website to the Internet website of the Commission's Office of Inspector General; and(2) a mechanism on the homepage of the Office of Inspector General's Internet website by which individuals may anonymously report cases of waste, fraud, or abuse with respect to the Commissionstudy to determine the feasibility of requiring--CommentsClose CommentsPermalink





‘(A) 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 under this Act or any other Act enforced by the Commission; andCommentsClose CommentsPermalink





‘(B) the posting of an escrow, proof of insurance, or security sufficient in amount to cover the cost of an effective recall of a product or substance, domestic or imported, regulated under this Act or any other Act enforced by the Commission.CommentsClose CommentsPermalink





‘(2) REPORT- Not later than 180 days after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the Comptroller General shall transmit to the appropriate Congressional committees a report on the conclusions of the study required under paragraph (1), including an assessment of whether such an escrow requirement could be implemented and any recommendations for such implementation.’.CommentsClose CommentsPermalink





(b) Conforming Amendments- The table of contents in section 1 (15 U.S.C. 2051 note), as amended by section 219, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘Sec. 41. Financial responsibility.’.CommentsClose CommentsPermalink

SEC. 28. CHILD-RESISTANT PORTABLE GASOLINE CONTAINERS.(a) Consumer Product Safety Rule25. STUDY AND REPORT ON EFFECTIVENESS OF AUTHORITIES RELATING TO SAFETY OF IMPORTED CONSUMER PRODUCTS.CommentsClose CommentsPermalink

Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall--CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There is established, as a consumer product safety rule promulgated by the Commission in accordance with section 9 of the Consumer Productconduct a study of the authorities and provisions of the Consumer Product Safety Act (15 U.S.C. 2058), a requirement that each portable gasoline container for sale in the United States shall conform to the child-resistance requirements for closures on portable gasoline containers specified in the standard ASTM F2517-05, issued by ASTM International.(b) Revision of Rule-(1) IN GENERAL- Except as provided in paragraph (2), if, after the date of the enactment of this Act, ASTM International proposes to revise the child resistance requirements of ASTM F2517-051 et seq.) to assess the effectiveness of such authorities and provisions in preventing unsafe consumer products from entering the customs territory of the United States;CommentsClose CommentsPermalink





(2) review and provide recommendations with respect to plans to prevent unsafe consumer products from entering the customs territory of the United States; andCommentsClose CommentsPermalink





(3) submit to the appropriate Congressional committees a report on the findings of the Comptroller General with respect to paragraphs (1) and (2), including legislative recommendations related to, at a minimum--CommentsClose CommentsPermalink





(A) ASTM International shall notify the Commission of the proposed revision; and(B) the proposed revision shall be incorporated in the consumer product safety rule established by subsectioninspection of foreign manufacturing plants by the Commission; andCommentsClose CommentsPermalink





(B) requiring foreign manufacturers to consent to the jurisdiction of United States courts with respect to enforcement actions by the Commission.CommentsClose CommentsPermalink

(a) .(2) EXCEPTION- If, not later than 60 days after the date of the notice described in paragraph (1)(A), the Commission notifies ASTM International that the Commission has determined that such revision is inconsistent with subsection (a), the requirement of paragraph (1)(B) shall not apply.(c) Implementing Regulations- With respect to the promulgation of any regulations by the Commission to implement the requirements of this section--(1)section 553 of title 5, United States Code, shall apply; and(2)Rule With Regard to Preemption- The provisions of sections 7 and 925 and 26 of the Consumer Product Safety Act (15 U.S.C. 2056 and 2058) shall not apply.(d) Report- Not later than 2 years after the date of enactment of this Act, the Commission shall submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce a report on--(1) the degree of industry compliance with the consumer product safety rule established by subsection (a);(2) any enforcement actions brought by the Commission to enforce such rule; and(3) incidents involving children interacting with portable gasoline containers (including both those that are and are not in compliance with the rule established by subsection (a)).(e) Definitions- In this section:(1) COMMISSION- The term `Commission' means the Consumer Product Safety Commission.(2) PORTABLE GASOLINE CONTAINER- The term `portable gasoline container' means any portable gasoline container intended for use by consumers.(f) Effective Date- The rule established by subsection (a) shall apply to portable gasoline containers manufactured on or after the date that is 6 months after the date of enactment of this Act.SEC. 29. TOY SAFETY STANDARD.(a) IN GENERAL- Beginning 60 days after the date of enactment of this Act, ASTM International Standard F963-07, Consumer Safety Specifications for Toy Safety, as it exists on the date of enactment of this Act shall be considered to be a consumer product safety rule issued by the Consumer Product Safety Commission under section 9 of the Consumer Product Safety74 and 2075, respectively), section 18 of the Federal Hazardous Substances Act (15 U.S.C. 2058).(b) REVISIONS- If more than 60 days after the date of enactment of this Act, ASTM International proposes to revise Standard F963-07, Consumer Safety Specifications for Toy Safety, or a successor standard, it shall notify the Commission of the proposed revision and the proposed revision shall be incorporated in the consumer product safety rule. The revised standard shall be considered to be a consumer product safety rule issued by the Consumer Product Safety Commission under section 9 of the Consumer Product Safety1261 note), section 16 of the Flammable Fabrics Act (15 U.S.C. 2058), effective 30 days after the date on1203), and section 7 of the Poison Packaging Prevention Act of 1970 (15 U.S.C. 1476) establishing the extent to which ASTM International notifies the Commission of the revision unless, within 60 days after receiving that notice, the Commission notifies ASTM International that it has determined that the proposed revision does not improve the safety of the consumer product covered by the standard. If the Commission so notifies ASTM International with respect to a proposed revision of the standard, the existing standard shall continue to be considered to be a consumer product safety rule without regard to the proposed revisionthose Acts preempt, limit, or otherwise affect any other Federal, State, or local law, any rule, procedure, or regulation, or any cause of action under State or local law may not be expanded or contracted in scope, or limited, modified or extended in application, by any rule or regulation thereunder, 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. In accordance with the provisions of those Acts, the Commission may not construe any such Act as preempting any cause of action under State or local common law or State statutory law regarding damage claims.CommentsClose CommentsPermalink





(b) Preservation of Certain State Law- Nothing in this Act or the Federal Hazardous Substances Act shall be construed to preempt or otherwise affect any warning requirement relating to consumer products or substances that is established pursuant to State law that was in effect on August 31, 2003.CommentsClose CommentsPermalink

SEC. 30232. ALL-TERRAIN VEHICLE SAFETY STANDARD.CommentsClose CommentsPermalink

(a) IN GENERALn General- The Act (15 U.S.C. 2051 et seq.), as amended by section 21 of this Act24, is further amended by adding at the end thereof the following:CommentsClose CommentsPermalink





`‘SEC. 42. ALL-TERRAIN VEHICLE SAFETY STANDARD`SEC. 41. (a) In General-`(1)S.CommentsClose CommentsPermalink





‘(a) In General-CommentsClose CommentsPermalink





‘(1) MANDATORY STANDARD- Notwithstanding any other provision of law, within 90 days after the date of enactment of the CPSC Reform Act the Commission shall onsumer Product Safety Improvement Act of 2008, the Commission shall publish in the Federal Register as a mandatory consumer product safety standard the American National Standard for Four Wheel All-Terrain Vehicles Equipment Configuration, and Performance Requirements developed by the Specialty Vehicle Institute of America (American National Standard ANSI/SVIA -1-2007). The standard shall take effect 150 days after it is published.CommentsClose CommentsPermalink





`‘(2) COMPLIANCE WITH STANDARD- After the standard takes effect, it shall be unlawful for any manufacturer or distributor to import into or distribute in commerce in the United States any new assembled or unassembled all-terrain vehicle unless--CommentsClose CommentsPermalink





`(A) the‘(A) the all-terrain vehicle complies with each applicable provision of the standard;CommentsClose CommentsPermalink





`(B) the vehicle‘(B) the ATV is subject to an ATV action plan filed with the Commission before the date of enactment of the CPSC Reform Act, or subsequently filed with and approved by the Commission, and bears a label certifying such compliance and identifying the manufacturer, importer or private labeler and the ATV action plan to which it is subject; andCommentsClose CommentsPermalink





`(C) the manufacturer or distributor is in compliance with all provisions of the ‘(C) the manufacturer or distributor is in compliance with all provisions of the applicable ATV action plan.CommentsClose CommentsPermalink





`‘(3) VIOLATION- The failure to comply with any requirement of paragraph (2) shall be deemed to be a failure to comply with a consumer product safety rule under this Act and subject to all of thestandard under this Act and subject to all of the penalties and remedies available under this Act.CommentsClose CommentsPermalink





`‘(4) COMPLIANT MODELS WITH ADDITIONAL FEATURES- Paragraph (2) shall not be construed to prohibit the distribution in interstate commerce of new all-terrain vehicles that comply with the requirements of that paragraph but also incorporate characteristics or components that are not covered by those requirements. Any such characteristics or components shall be subject to the requirements of section 15 of this Act.CommentsClose CommentsPermalink





`‘(b) Modification of All-Terrain Vehicle Safety Standard-`(1)Standard-CommentsClose CommentsPermalink





‘(1) ANSI REVISIONS- If the American National Standard ANSI/SVIA-1-2007 is revised through the applicable consensus standards development process after the date on which the product safety standard for all-terrain vehicles is published in the Federal Register, the American National Standards Institute shall notify the Commission of the revision.CommentsClose CommentsPermalink





`‘(2) COMMISSION ACTION- Within 120 days after it receives notice of such a revision by the American National Standards Institute, the Commission shall issue a notice of proposed rulemaking in accordance with section 553 of title 5, United States Code, to amend the product safety standard for all-terrain vehicles to include any such revision that the Commission determines is reasonably related to the safe performance of all-terrain vehicles, and notify the Institute of any provision it has determined not to be so related. The Commission shall promulgate an amendment to the standard for all-terrain vehicles within 180 days after the date on which the notice of proposed rulemaking for the amendment is published in the Federal Register.CommentsClose CommentsPermalink





`‘(3) UNREASONABLE RISK OF INJURY- Notwithstanding any other provision of this Act, the Commission may, pursuant to sections 7 and 9 of this Act, amend the product safety standard for all-terrain vehicles to include any additional provision that the Commission determines is reasonably necessary to reduce an unreasonable risk of injury associated with the performance of all-terrain vehicles.CommentsClose CommentsPermalink





`‘(4) CERTAIN PROVISIONS NOT APPLICABLE- Sections 7, 9, 11, and 30(d) of this Act shall not and 9 of this Act shall not apply to promulgation of any amendment of the product safety standard under paragraph (2). Judicial review of any amendment of the standard under paragraph (2) shall be in accordance with chapter 7 of title 5, United States Code.CommentsClose CommentsPermalink





`‘(c) Requirements for 3-Wheeled All-Terrain Vehicles- Until a mandatory consumer product safety rulestandard applicable to 3-wheeled all-terrain vehicles promulgated pursuant to this Act is in effect, new 3-wheeled all-terrain vehicles may not be imported into or distributed in commerce in the United States. Any violation of this subsection shall be considered to be a violation of section 19(a)(1) of this Act and may also be enforced under section 17 of this Act.CommentsClose CommentsPermalink





`‘(d) Further Proceedings-CommentsClose CommentsPermalink





`(1)‘(1) DEADLINE- The Commission shall issue a final rule in its proceeding entitled `‘Standards for All Terrain Vehicles and Ban of Three-wheeled All Terrain Vehicles'.`(2)’.CommentsClose CommentsPermalink





‘(2) CATEGORIES OF YOUTH ATVS- In the final rule, the Commission, in consultation with the National Highway Traffic Safety Administration, may provide for a multiple factor method of categorization that, at a minimum, takes into account--CommentsClose CommentsPermalink





`‘(A) the weight of the vehicle;`ATV;CommentsClose CommentsPermalink





‘(B) the maximum speed of the vehicle;`(C) the velocity at which a vehicleATV;CommentsClose CommentsPermalink





‘(C) the velocity at which an ATV of a given weight is traveling at the maximum speed of the vehicle;`ATV;CommentsClose CommentsPermalink





‘(D) the age of children for whose operation the vehicleATV is designed or who may reasonably be expected to operate the vehicle; and`ATV; andCommentsClose CommentsPermalink





‘(E) the average weight of children for whose operation the vehicleATV is designed or who may reasonably be expected to operate the vehicle.`(e) DEFINITIONS- In this section:`ATV.CommentsClose CommentsPermalink





‘(3) ADDITIONAL SAFETY STANDARDS- In the final rule, the Commission, in consultation with the National Highway Traffic Safety Administration, shall review the standard published under subsection (a)(1) and establish additional safety standards for all-terrain vehicles to the extent necessary to protect the public health and safety. As part of its review, the Commission shall consider, at a minimum, establishing or strengthening standards on--CommentsClose CommentsPermalink





‘(A) suspension;CommentsClose CommentsPermalink





‘(B) brake performance;CommentsClose CommentsPermalink





‘(C) speed governors;CommentsClose CommentsPermalink





‘(D) warning labels;CommentsClose CommentsPermalink





‘(E) marketing; andCommentsClose CommentsPermalink





‘(F) dynamic stability.CommentsClose CommentsPermalink





‘(e) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) ALL-TERRAIN VEHICLE OR ATV- The term `‘all-terrain vehicle' or `ATV' means--`’ or ‘ATV’ means--CommentsClose CommentsPermalink





‘(A) any motorized, off-highway vehicle designed to travel on 3 or 4 wheels, having a seat designed to be straddled by the operator and handlebars for steering control; butCommentsClose CommentsPermalink





`‘(B) does not include a prototype of a motorized, off-highway, all-terrain vehicle or other motorized, off-highway, all-terrain vehicle that is intended exclusively for research and development purposes unless the vehicle is offered for sale.CommentsClose CommentsPermalink





`‘(2) ATV ACTION PLAN- The term `ATV action plan'‘ATV action plan’ means a written plan or letter of undertaking that describes actions the manufacturer or distributor agrees to take to promote ATV safety, including rider training, dissemination of safety information, age recommendations, other policies governing marketing and sale of the vehicleATVs, the monitoring of such sales, and other safety related measures, and that is substantially similar to the plans described under the heading ‘The Undertakings of the Companies in the Commission Notice’ published in the Federal Register on September 9, 1998 (63 FR 48199-48204).'’.CommentsClose CommentsPermalink





(b) GAO STUDYtudy- The Comptroller General shall conduct a study of the utility, recreational, and other benefits of all-terrain vehicles to which section 3842 of the Consumer Product Safety Act (15 U.S.C. 2085) applies, and the costs associated with all-terrain vehicle-related accidents and injuries.CommentsClose CommentsPermalink





(c) CONFORMING AMENDMENTonforming Amendment- The table of contents, as amended by section 21 of this Act, of this Act is further amended by inserting after the item relating to section 40 the following:`Sec. 412 the following:CommentsClose CommentsPermalink





‘Sec. 42. All-terrain vehicle safety standard.'.(d) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect 90 days after the date of enactment of this Acts.’.CommentsClose CommentsPermalink

SEC. 31. GARAGE DOOR OPENER STANDARD.(a) IN GENERAL- Notwithstanding section 203(b) of the Consumer Product Safety Improvement Act of 199233. COST-BENEFIT ANALYSIS UNDER THE POISON PREVENTION PACKAGING ACT OF 1970.CommentsClose CommentsPermalink

Section 3 of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 2056 note) or any amendment by the American National Standards Institute and Underwriters Laboratories, Inc. of its Standards for Safety-UL 325, all automatic residential garage door operators that directly drive the door in the closing direction that are manufactured more than 6 months after the date of enactment of this Act shall include an external secondary entrapment protection device that does not require contact with a person or object for the garage door to reverse.(b) EXCEPTION- Except as provided in subsection (c), subsection (a) does not apply to the manufacture of an automatic residential garage door operator without a secondary external entrapment protection device that does not require contact by a company that manufactured such an operator before the date of enactment of this Act if Underwriters Laboratory, Inc., certified that automatic residential garage door operator as meeting its Standards for Safety-UL 325 before the date of enactment of this Act.(c) Review and Revision-(1) IN GENERAL- Within 1 year after the date of enactment of this Act, the Consumer Product Safety Commission shall review, and if necessary revise, its automatic residential garage door operator safety standard, including the requirement established by subsection (a), to ensure that the standard provides maximum protection for public health and safety.(2) REVISED STANDARD- The exception provided by subsection (b) shall not apply to automatic residential garage door operators manufactured after the effective date of any such revised standard if that standard adopts the requirement established by subsection (a).SEC. 32. REDUCING DEATHS AND INJURIES FROM CARBON MONOXIDE POISONING.(a) IN GENERAL- The Consumer Product Safety Commission shall 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), no later than 18 months after the date of enactment of this Act.(b) REPORT- Not later than 120 days after the date of enactment of this Act, the Consumer Product Safety Commission shall submit a report to the Senate Committee on Commerce, Science, and Transportation that--(1) reviews the effectiveness of its labeling requirements for charcoal briquettes (16 C.F.R. 1500.14(b)(6)) during the windstorm that struck the Pacific Northwest beginning on December 14, 2006;(2) identifies any specific challenges faced by non-English speaking populations with use of the current standards; and(3) contains recommendations for improving the labels on charcoal briquettes.SEC. 33. COMPLETION OF CIGARETTE LIGHTER RULEMAKING.The Consumer Product Safety Commission shall issue a final rule mandating general safety standards for cigarette lighters in its proceedings entitled `Safety Standard for Cigarette Lighters' for which the Commission issued an advance notice of proposed rulemaking on April 11, 2005 (68 Fed. Reg. 11339) no later than 24 months after the date of enactment of this Act1472) is amended by adding at the end thereof the following:CommentsClose CommentsPermalink





‘(e) Nothing in this Act shall be construed to require the Consumer Product Safety Commission, in establishing a standard under this section, to prepare a comparison of the costs that would be incurred in complying with such standard with the benefits of such standard.’.CommentsClose CommentsPermalink

SEC. 34. CONSUMER PRODUCT REGISTRATION FORMS AND STANDARDS FOR DURABLE INFANT OR TODDLER PRODUCTS.(a) Short Title- This section may be cited as the `Danny Keysar Child Product Safety Notification Act'.(b) Safety Standards-(1) IN GENERAL- The Commission shall--(A) in consultation with representatives of consumer groups, juvenile product manufacturers, and independent child product engineers and experts, examine and assess the effectiveness of any voluntary consumer product safety standards for durable infant or toddler product; and(B) in accordance withsection 553 of title 5, United States Code, promulgate consumer product safety rules that--(i) are substantially the same as such voluntary standards; or(ii) are more stringent than such voluntary standards, if the Commission determines that more stringent standards would further reduce the risk of injury associated with such products.(c) Requirements for Cribs-(1) Manufacture, sale, resale and lease of cribs- It shall be unlawful for any commercial user to manufacture, sell, contract to sell or resell, lease, sublet, offer or provide for use or otherwise place in the stream of commerce any new or used full-size or non-full size crib, including a portable crib and a crib-pen, that is not in compliance with the mandatory rule promulgated in section (b)(1) and (b)(2).(2) Commercial users include but are not limited to hotel, motel or similar transient lodging facilities and day care centers.(3) Definition of commercial user-(A) In general- In this subsection, the term `commercial user' means--(i) any person that manufactures, sells, or contracts to sell full-size cribs or non-full-size cribs; or(ii) any person that deals in full-size or non-full-size cribs that are not new or that otherwise, based on the person's occupation, holds oneself out as having knowledge or skill peculiar to full-size cribs or non-full-size cribs, including child care facilities and family child care homes; or(iii) is in the business of contracting to sell or resell, lease, sublet, or otherwise placing in the stream of commerce full-size cribs or non-full-size cribs that are not new.(4) TIMETABLE FOR RULEMAKING- Not later than 1 year after the date of the enactment of this Act, the Commission shall commence the rulemaking required under paragraph (1) and shall promulgate rules for no fewer than 2 categories of durable infant or toddler products every 6 months thereafter, beginning with the product categories that the Commission determines to be of highest priority, until the Commission has promulgated standards for all such product categories. Thereafter, the Commission shall periodically review and revise the rules set forth under this subsection to ensure that such rules provide the highest level of safety for such products that is feasible.(d) Consumer Product Registration Forms-(1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Commission shall, pursuant to its authority under section 16(b) of the Consumer Product Safety Act (15 U.S.C. 2065(b)), promulgate final consumer product safety rules that require manufacturers of durable infant or toddler products--(A) in accordance with paragraph (2), to provide consumers with postage-paid consumer registration forms with each such product;(B) in accordance with paragraph (5), to maintain a record of the names, addresses, e-mail addresses, and other contact information of consumers who register their ownership of such products with the manufacturer in order to improve the effectiveness of manufacturer campaigns to recall such products; and(C) to place permanently the manufacturer name and contact information, model name and number, and the date of manufacture on each durable infant or toddler product.(2) REQUIREMENTS FOR REGISTRATION FORMS-(A) IN GENERAL- The registration forms required by paragraph (1)(A) shall provide space sufficiently large to permit easy, legible recording of the information specified in subparagraph (B)(i).(B) ELEMENTS- Such forms shall include the following:(i) Spaces for a consumer to provide the following:(I) The consumer's name.(II) The consumer's postal address.(III) The consumer's telephone number.(IV) The consumer's e-mail address.(ii) The manufacturer's name.(iii) The model name and number for the product.(iv) The date of manufacture of the product.(v) A message that--(I) explains the purpose of the registration; and(II) is designed to encourage consumers to complete the registration.(vi) A statement that information provided by the consumer shall not be used for any purpose other than to facilitate a recall of or safety alert regarding that product.(vii) A message that explains the option to register via the Internet, as required by paragraph (4).(C) PLACEMENT- Such form shall be attached to the surface of each durable infant or toddler product so that, as a practical matter, the consumer will notice and handle the form after purchasing the product.(3) TEXT AND FORMAT OF REGISTRATION FORMS- In promulgating regulations under paragraph (1), the Commission may prescribe the exact text and format of such form.(4) INTERNET REGISTRATION- In promulgating regulations under paragraph (1), the Commission shall require manufacturers of durable infant or toddler products to provide a mechanism for consumers to submit to the manufacturer via the Internet electronic versions of the registration forms required by paragraph (1)(A).(5) RECORD KEEPING AND NOTIFICATION REQUIREMENTS-(A) IN GENERAL- The rules promulgated under paragraph (1) shall require each manufacturer of a durable infant or toddler product--(i) to maintain a record of consumers who register for such product that includes all of the information provided by such consumers; and(ii) to use such information to notify such consumers in the event of a voluntary or involuntary recall of, or safety alert regarding, such product.(B) PERIOD OF MAINTENANCE- Such rules shall require such manufacturers of durable infant or toddler products to maintain the records described in subparagraph (A)(i) for a period of not less than 6 years after the date of manufacture of the product concerned.(C) LIMITATION234. STUDY ON USE OF INFORMATION COLLECTED- The rules promulgated under paragraph (1)FORMALDEHYDE IN MANUFACTURING OF TEXTILE AND APPAREL ARTICLES.CommentsClose CommentsPermalink

Not later than 2 years after the date of enactment of this Act, the Comptroller General, in consultation with the Commission, shall prohibit manufacturers from using or disseminating to any other party the information collected by the manufacturer under this subsection for any purpose other than notification to the consumer concerned in the event of a product recall or safety alert regarding the product concerned.(D) RESERVATION- Nothing in this section requires a manufacturer to collect, retain, or use any information unless it is provided by the consumer.(e) Report and Study- Not later than 4 years after the date of enactment of this Act, the Commission shall--(1) conduct a study on the effectiveness of the rules promulgated under subsection (a) in facilitating product recalls; and(2) submit to Congress a report on the findings of the Commission with respect to the study required by paragraph (1).(f) Use of Alternative Recall Notification Technology-(1) IN GENERAL- If the Commission determines that a recall notification technology can be used by a manufacturer of durable infant or toddler products and such technology is as effective or more effective in facilitating recalls of durable infant or toddler products as the registration forms required by subsectionuse of formaldehyde in the manufacture of textile and apparel articles, or in any component of such articles, to identify any risks to consumers caused by the use of formaldehyde in the manufacturing of such articles, or components of such articles.CommentsClose CommentsPermalink

(a) --(A) the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate andDefinitions- Section 3(a) (15 U.S.C. 2052) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(15) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate Congressional committees’ means the Committee on Energy and Commerce of the House of Representatives a report on such determination; and(B) a manufacturer of durable infant or toddler products that uses such technology in lieu of such registration forms to facilitate recalls of durable infant or toddler products shall be considered in compliance with the regulations promulgated under such subsection with respect to subparagraphs (A) and (B) of paragraph (1) of such subsection.(2) STUDY AND REPORT- Not later than 1 year after the date of the enactment of this Act and periodically thereafter as the Commission considers appropriate, the Commission shall--(A) for a period of not less than 6 months and not more than 1 year--(i) conduct a review of recall notification technology; and(ii) assess, through testing and empirical study, the effectiveness of such technology in facilitating recalls of durable infant or toddler products; and(B) submit to the committees described in paragraph (1)(A) a report on the review and assessment required by subparagraph (A).(3) REGULATIONS- The Commission shall prescribe regulations to carry out this subsection.(g) Definitions- In this section:(1) COMMISSION- The term `Commission' means the Consumer Product Safety Commission.(2) DURABLE INFANT OR TODDLER PRODUCT- The term `durable infant or toddler product' means a durable product intended for use by, or that may be reasonably expected to be used by, children younger than the age of 5 years, including the following:(A) Full-size cribs and nonfull-size cribs.(B) Toddler beds.(C) High chairs, booster chairs, and hook-on chairs.(D) Bath seats.(E) Gates and other enclosures for confining a child.(F) Play yards.(G) Stationary activity centers.(H) Infant carriers.(I) Strollers.(J) Walkers.(K) Swings.(L) Bassinets and cradles.SEC. 35. REPEAL.Section 30 (15 U.S.C. 2079) is amended by striking subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively.SEC. 36. CONSUMER PRODUCT SAFETY COMMISSION PRESENCE AT NATIONAL TARGETING CENTER OF U.S. CUSTOMS AND BORDER PROTECTION.(a) IN GENERAL- Except as provided in subsection (c), not later than 6 months after the date of the enactment of this Act, the Consumer Product Safety Commission shall enter into a memorandum of understanding with the Secretary of Homeland Security for the assignment by the Commission of not less than 1 full-time equivalent personnel to work at the National Targeting Center of U.S. Customs and Border Protection.(b) RESPONSIBILITIES- Any personnel assigned under subsection (a) shall, in cooperation with other personnel working at the National Targeting Center, identify products, before such products are imported into the customs territory of the United States, that--(1) are intended for importation into such customs territory; and(2) pose a high risk to consumer safety.(c) WAIVER- The Consumer Product Safety Commission may waive the requirement of subsection (a) if the Commission determines that an assignment under subsection (a) would not improve the effectiveness of the Commission in identifying products described in subsection (b) before such products are imported into the customs territory of the United States.SEC. 37. DEVELOPMENT OF RISK ASSESSMENT METHODOLOGY TO IDENTIFY SHIPMENTS OF CONSUMER PRODUCTS THAT ARE LIKELY TO CONTAIN CONSUMER PRODUCTS IN VIOLATION OF SAFETY STANDARDS.(a) IN GENERAL- Not later than 1 year after the date of the enactment of this Act, the Consumer Product Safety Commission shall develop a risk assessment methodology for identification of shipments of consumer products that are--(1) intended for import into the customs territory of the United States; and(2) are likely to include consumer products that would be refused admission into such customs territory under section 17(a) of the Consumer Product Safety Act (15 U.S.C. 2066(a)).(b) USE OF INTERNATIONAL TRADE DATA SYSTEM- The methodology developed under subsection (a) shall, as far as practicable, use the International Trade Data System (ITDS) established under section 411(d) of the Tariff Act of 1930 (19 U.S.C. 1411) to evaluate and assess information about shipments of consumer products intended for import into the customs territory of the United States before such shipments enter such customs territory.(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this section.SEC. 38. SEIZURE AND DESTRUCTION OF IMPORTED PRODUCTS IN VIOLATION OF CONSUMER PRODUCT SAFETY STANDARDS.(a) List of Product Defects That Constitute a Substantial Product Hazard-(1) IN GENERAL- Not later than 6 months after the date of the enactment of this Act, the Consumer Product Safety Commission shall publish a list of product defects that constitute a substantial product hazard (as defined in section 15 of the Consumer Product Safety Act (15 U.S.C. 2064)).(2) UPDATES- The Consumer Product Safety Commission shall, as the Commission considers appropriate--(A) update the list required by paragraph (1); and(B) provide a copy of the updated list to the Secretary of Homeland Securitynd the Committee on Commerce, Science, and Transportation of the Senate.CommentsClose CommentsPermalink





‘(16) Children’S PRODUCT- The term ‘children’s product’ means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered:CommentsClose CommentsPermalink





‘(A) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable.CommentsClose CommentsPermalink





‘(B) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger.CommentsClose CommentsPermalink





‘(C) Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.CommentsClose CommentsPermalink





‘(D) The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines.CommentsClose CommentsPermalink





‘(17) THIRD-PARTY LOGISTICS PROVIDER- The term ‘third-party logistics provider’ means a person who solely receives, holds, or otherwise transports a consumer product in the ordinary course of business but who does not take title to the product.’.CommentsClose CommentsPermalink





(b) Destruction of Noncompliant Imported Products- Section 17(e) (15 U.S.C. 2066(e)) is amended to read as follows:`(e) Product Destruction- The Secretary of Homeland Security shall ensure the destruction of any product refused admission into the customs territory of the United States under this section unless such product is exported, under regulations prescribed by the Secretary or the Commission, as appropriate, within 90 days of the date of notice of such refusal or within such additional time as may be permitted pursuant to such regulations.'.(c) Inspection and Recordkeeping Requirements as Conditions on Importation- Section 17(g) (15 U.S.C. 2066(g)) is amended by striking `Commission may' and inserting `Commission shall'.(d) Provision of Information to Cooperating Agencies- Section 17(h)(2) (15 U.S.C. 2066(h)(2)) is amended by striking `Commission may' and inserting `Commission shall'.(e) Construction- Section 17Miscellaneous- Section 3 (15 U.S.C. 2066) is amended by adding at the end the following:`(i) Construction- Nothing in this section shall be construed 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.'.(f) Conforming Amendments- Such section 17 is further amended--(1) in subsection (a), by striking `Any consumer' and inserting `Refusal of Admission- Any consumer';(2) in subsection (b), by striking `The' in the first sentence and inserting `Samples- The';(3) in subsection (c), by striking `If' and inserting `Modification- If';(4) in subsection (d), by striking `All actions' in the first sentence and inserting `Supervision of Modifications- All actions';(5) in subsection (f), by striking `All expenses' in the first sentence and inserting `Payment of Expenses Occasioned by Refusal of Admission- All expenses';(6) in subsection (g), by striking `The Commission' and inserting `Importation Conditioned Upon Manufacturer's Compliance- The Commission';(7) in subsection (h), by striking `(h)(1) The Commission' and inserting `(h) Product Surveillance Program- (1) The Commission'.(g) Technical Amendments- Such section 17 is further amended--(1) by striking `Secretary of the Treasury' each place it occurs and inserting `Secretary of Homeland Security'; and(2) by striking `Department of the Treasury' each place it occurs and inserting `Department of Homeland Security'.SEC. 39. DATABASE OF MANUFACTURING FACILITIES AND SUPPLIERS INVOLVED IN VIOLATIONS OF CONSUMER PRODUCT SAFETY STANDARDS.52) is amended--CommentsClose CommentsPermalink





(1) by striking ‘(a) for purposes of this Act:’ and inserting ‘(a) In General- In this Act:’;CommentsClose CommentsPermalink





(2) by indenting each paragraph and subparagraph of subsection (a)Documentation of Acts and Omissions- If the Consumer Product Safety Commission discovers evidence that a violation of a consumer product safety rule was the result of an act or omission by a manufacturing facility or supplier, the Commission shall document the following:(1) The date on which the violation occurred.(2) A description of the violation 2 em spaces;CommentsClose CommentsPermalink





(3) by inserting a heading, in a form consistent with the form of the heading of this subsection consisting of the term defined by such paragraph, after the designation of each paragraph of subsection (a);CommentsClose CommentsPermalink





(4) by reordering such paragraphs and the circumstances that led to the violation.(3) Details of the act or omission and the relation of such act or omission to the violation.(4) Identifying information about the manufacturing facility or supplier, including the name and address of such manufacturing facility or supplier.(b) Database- The Consumer Product Safety Commission shall establish and maintain a database that contains the following:(1) All of the information documented under subsection (a).(2) Any information submitted under subsection (dadditional paragraphs added by paragraph (1) of this subsection in alphabetical order based on the headings of such paragraphs and renumbering such paragraphs as so reordered; andCommentsClose CommentsPermalink





(5) by inserting ‘common carriers, contract carriers, and freight forwarders’ after ‘(b)’ in subsection (b).CommentsClose CommentsPermalink





(c) Notice- The Commission shall take reasonable steps to provide notice to each manufacturing facility or supplier documented in the database required by subsection (b) of the inclusion of such manufacturing facility or supplier in such database and the reasons for such inclusion.(d) Comments- The Commission shall establish a process by which a manufacturing facility or supplier included in the database required by subsection (b) for an act or omission described in subsection (a) may submit information to the Commission for inclusion in the database. Such information may consist of--(1) evidence refuting evidence contained in the database that a violation described in subsection (a) was the result of an act or omission by such manufacturing facility or supplier; and(2) evidence of remedial measures taken by such manufacturing facility or supplier to correct such act or omission.Information submitted under this subsection shall be treated the same as information in the database for purposes of subsections (g) and (h).(e) Availability of Database to U.S. Customs and Border Protection- The Consumer Product Safety Commission shall make the database established under subsection (b) available on a real-time basis to the Commissioner responsible for the U.S. Customs and Border Protection of the Department of Homeland Security.(f) Use of Database by U.S. Customs and Border Protection- The Commissioner responsible for the U.S. Customs and Border Protection of the Department of Homeland Security shall use the information stored in the database required by subsection (b) in determining--(1) whether a container being imported into the United States contains consumer products that are in violation of a consumer product safety standard of the Commission; and(2) whether action should be taken with respect to any consumer products in such container under section 17 of the Consumer Product Safety ActConforming Amendments-CommentsClose CommentsPermalink





(1) Section 3(b) (15 U.S.C. 2066).(g) Limitation on Disclosure of Information in Database-(1) IN GENERAL- The Consumer Product Safety Commission and the Commissioner responsible for the U.S. Customs and Border Protection of the Department of Homeland Security shall not disclose any information contained in or provide access to the database required by subsection (b) to any person except as provided in paragraph (2), provided that this limitation does not apply to the disclosure of information that was collected, received, or maintained by the Commission for purpose other than inclusion in the database.(2) EXCEPTION FOR LAW ENFORCEMENT AND NATIONAL SECURITY- The Consumer Product Safety Commission and the Commissioner responsible for the52(b) is amended by inserting ‘third-party logistics provider,’ after ‘contract carrier,’.CommentsClose CommentsPermalink





(2) Section 6(e)(4) (15 U.S.Customs and Border Protection of the Department of Homeland Security may disclose information contained in and provide access to the database required by subsection (b) to a law enforcement agency or an intelligence agency of the United States if the Commission or the Commissioner determine that such disclosure is necessary--(A) to prevent a crime; or(B) to detect, prevent, or respond to a threat to national security. 2055(e)(4)) is amended by striking ‘the Committee on Commerce, Science, and Transportation of the Senate or the Committee on Energy and Commerce of the House of Representatives or any subcommittee of such committee,’ and insert ‘either of the appropriate Congressional committees or any subcommittee thereof,’.CommentsClose CommentsPermalink





(3) EXEMPTION FROM FREEDOM OF INFORMATION ACT DISCLOSURE REQUIREMENTS- The database required by subsection (b) shall not be subject to the disclosure requirements of section 552 or 552A of title 5, United States Code.(h) Limitation on Use of Information in Database for Certain Civil or Criminal Penalties-(1) PROHIBITION ON IMPOSITION BY CONSUMER PRODUCT SAFETY COMMISSION OF PENALTIES SOLELY ON BASIS OF DATABASE- The Consumer Product Safety Commission may not impose any penalty under section 20 or 21 of the Consumer Product Safety ActSections 9(a), 9(c), and 35(c)(2)(D)(iii) (15 U.S.C. 2069, 2070) on any person solely on the inclusion of information on a person in the database required by subsection (b).(2) PROHIBITION ON IMPOSITION BY U.S. CUSTOMS AND BORDER PROTECTION OF PENALTIES SOLELY ON BASIS OF DATABASE- Notwithstanding any other provision of law, the Commissioner responsible for the58(a), (c), and 2082(c)(2)(D)(iii), and 2082(e)(1), respectively) are each amended by striking ‘the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives’ each place it appears and inserting ‘the appropriate Congressional committees’.CommentsClose CommentsPermalink





(4) Section 32(b)(1) ( 15 U.S.Customs and Border Protection of the Department of Homeland Security may not impose any civil or criminal penalty on any person solely on the inclusion of information on a person in the database required by subsection (b).(i) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section.SEC. 40. BAN ON CERTAIN PRODUCTS CONTAINING SPECIFIED PHTHALATES.(a) Banned Hazardous Substance- Effective January 1, 2009, any children's product or child care article that contains a specified phthalate shall be treated as a banned hazardous substance under the Federal Hazardous Substances Act. 2050(b)(1) ) is amended by striking ‘the Committee on Energy and Commerce of the House of Representatives, and by the Committee on Commerce, Science, and Transportation of the Senate.’ and inserting ‘the appropriate Congressional committees.’. CommentsClose CommentsPermalink





(5) Section 35(e)(1) (15 U.S.C. 1261 et seq.) and the prohibitions contained in section 4 of such Act shall apply to such product or article.(b) Prohibition on Use of Certain Alternatives to Specified Phthalates in Children's Products and Child Care Articles-(1) IN GENERAL- If a manufacturer modifies a children's product or child care article that contains a specified phthalate to comply with the ban under subsection (a), such manufacturer shall not use any of the prohibited alternatives to specified phthalates described in paragraph (2).(2) PROHIBITED ALTERNATIVES TO SPECIFIED PHTHALATES- The prohibited alternatives to specified phthalates described in this paragraph are the following:(A) Carcinogens rated by the Environmental Protection Agency as Group A, Group B, or Group C carcinogens.(B) Substances described in the List of Chemicals Evaluated for Carcinogenic Potential of the Environmental Protection Agency as follows:(i) Known to be human carcinogens.(ii) Likely to be human carcinogens.(iii) Suggestive of being human carcinogens.(C) Reproductive toxicants identified by the Environmental Protection Agency that cause any of the following:(i) Birth defects.(ii) Reproductive harm.(iii) Developmental harm.(c) Preemption- Nothing in this section or section 18(b)(1)(B) of the Federal Hazardous Substances Act2082(e)(1)) is amended by striking ‘the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Energy and Commerce of the House of Representatives’ and insert ‘the appropriate Congressional committees’.CommentsClose CommentsPermalink





(6) Sections 17(h)(3), 28(j)(10)(F), and 28(k)(1) and (2) (15 U.S.C. 1261 note) shall preclude or deny any right of any State or political subdivision thereof to adopt or enforce any provision of State or local law that--(1) applies to a phthalate that is not described in subsection (d)(3);(2) applies to a phthalate described in subsection (d)(3) that is not otherwise regulated under this section;(3) with respect to any phthalate, requires the provision of a warning of risk, illness, or injury; or(4) prohibits the use of alternatives to phthalates that are not described in subsection (b)(2).(d) Definitions- In this section:(1) CHILDREN'S PRODUCT- The term `children's product' means a toy or any other product designed or intended by the manufacturer for use by a child when the child plays.(2) CHILD CARE ARTICLE- The term `child care article' means all products designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children, or to help children with sucking or teething.(3) CHILDREN'S PRODUCT OR CHILD CARE ARTICLE THAT CONTAINS A SPECIFIED PHTHALATE- The term `children's product or child care article that contains a specified phthalate' means--(A) a children's product or a child care article any part of which contains any combination of di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP) in concentrations exceeding 0.1 percent; and(B) a children's product or a child care article intended for use by a child that--(i) can be placed in a child's mouth; and(ii)(I) contains any combination of diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP), in concentrations exceeding 0.1 percent; or(II) contains any combination of di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP), diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP), in concentrations exceeding 0.1 percent.SEC. 41. EQUESTRIAN HELMETS.(a) Standards-(1) IN GENERAL- Every equestrian helmet manufactured on or after the date that is 9 months after the date of the enactment of this Act shall meet--(A) the interim standard specified in paragraph2066(h)(3), 2077(j)(10)(F), and 2077(k)(1) and (2), pending the establishment of a final standard pursuant to paragraph (3); and(B) the final standard, once that standard has been established under paragraph (3).(2) INTERIM STANDARD- The interim standard for equestrian helmets is the American Society for Testing and Materials (ASTM) standard designated as F 1163.(3) FINAL STANDARD-(A) REQUIREMENT- Not later than 60 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall begin a proceeding undersection 553 of title 5, United States Code--(i) to establish a final standard for equestrian helmets that incorporates all the requirements of the interim standard specified in paragraph (2);(ii) to provide in the final standard a mandate that all approved equestrian helmets be certified to the requirements promulgated under the final standard by an organization that is accredited to certify personal protection equipment in accordance with ISO Guide 65; and(iii) to include in the final standard any additional provisions that the Commission considers appropriate.(B) INAPPLICABILITY OF CERTAIN LAWS- Sections 7, 9, and 30(d) of the Consumer Product Safety Actrespectively) are each amended by striking ‘the Congress’ and inserting ‘the appropriate Congressional committees’.CommentsClose CommentsPermalink





(7) Section 29(e) (15 U.S.C. 2056, 2058, and 2079(d)) shall not apply to the proceeding under this subsection, and section 11 of such Act78(e)) is amended by striking ‘The Commission’ and inserting ‘Notwithstanding section 6(a)(3), the Commission’.CommentsClose CommentsPermalink

(a) In General- Section 11 (15 U.S.C. 2060) shall not apply with respect to any standard issued under such proceeding.(C) EFFECTIVE DATE- The final standard shall take effect not later than 1 year after the date it is issued.(4) FAILURE TO MEET STANDARDS-(A) FAILURE TO MEET INTERIM STANDARD- Until the final standard takes effect, an equestrian helmet that does not meet theis amended by adding at the end thereof the following:CommentsClose CommentsPermalink





‘(g) Expedited Judicial Review-CommentsClose CommentsPermalink





‘(1) APPLICATION- This subsection applies, in lieu of the preceding subsections of this section, to judicial review of--CommentsClose CommentsPermalink





‘(A) any consumer product safety rule promulgated by the Commission pursuant to section 15(j) (relating to identification of substantial hazards);CommentsClose CommentsPermalink





‘(B) any consumer product safety standard promulgated by the Commission pursuant to section 42 (relating to all-terrain vehicles);CommentsClose CommentsPermalink





‘(C) any standard promulgated by the Commission under section 104 of the Consumer Product Safety Improvement Act of 2008 (relating to durable infant and toddler products); andCommentsClose CommentsPermalink





‘(D) any consumer product safety standard promulgated by the Commission under section 106 of the Consumer Product Safety Improvement Act of 2008 (relating to mandatory toy safety standards).CommentsClose CommentsPermalink





‘(2) IN GENERAL- Not later than 60 days after the promulgation, by the Commission, of a rule or standard to which this subsection applies, any person adversely affected by such rule or standard may file a petition with the United States Court of Appeals for the District of Columbia Circuit for judicial review of such rule. Copies of the petition shall be forthwith transmitted by the clerk of the court to the Commission or other officer designated by it for that purpose and to the Attorney General. The record of the proceedings on which the Commission based its rule shall be filed in the court as provided for in section 2112 of title 28, United States Code.CommentsClose CommentsPermalink





‘(3) REVIEW- Upon the filing of the petition under paragraph (2) of this subsection, the court shall have jurisdiction to review the rule in accordance with chapter 7 of title 5, United States Code, and to grant appropriate relief, including interim standard, required under paragraph (1)(A), shall be considered in violation of a consumer product safety standard promulgated under the Consumer Product Safety Act.(B) STATUS OF FINAL STANDARD- The final standard developed under paragraph (3)relief, as provided in such chapter.CommentsClose CommentsPermalink





‘(4) CONCLUSIVENESS OF JUDGMENT- The judgment of the court affirming or setting aside, in whole or in part, any final rule under this section shall be considered a consumer product safety standard promulgated under the Consumer Product Safety Actfinal, subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in section 1254 of title 28, United States Code.CommentsClose CommentsPermalink





‘(5) FURTHER REVIEW- A rule or standard with respect to which this subsection applies shall not be subject to judicial review in proceedings under section 17 (relating to imported products) or in civil or criminal proceedings for enforcement.’.CommentsClose CommentsPermalink





(b) Definitions- In this section:(1) APPROVED EQUESTRIAN HELMET- The term `approved equestrian helmet' means an equestrian helmet that meets--(A) the interim standard specified in subsection (a)(2), pending establishment of a final standard under subsection (a)(3); and(B) the final standard, once it is effective under subsection (a)(3).(2) EQUESTRIAN HELMET- The term `equestrian helmet' means a hard shell head covering intended to be worn while participating in an equestrian event or activityPending Actions Unaffected- The amendment made by subsection (a) shall not apply to any petition filed before the date of enactment of this Act for judicial review of any action by the Consumer Product Safety Commission.CommentsClose CommentsPermalink

SEC. 42. REQUIREMENTS FOR RECALL NOTICES.(a) In General- Section 15237. REPEAL.CommentsClose CommentsPermalink

Section 30 (15 U.S.C. 2064) is amended by adding at the end the following:`(i) Requirements for Recall Notices-`(1) IN GENERAL- If the Commission determines that a product distributed in commerce presents a substantial product hazard and that action under79) is amended by striking subsection (d) is in the public interest, the Commission may order the manufacturer or any distributor or retailer of the product to distribute notice of the action to the public. The notice shall include the following:`(A) A description of the product, including--`(i) the model number or stock keeping unit (SKU) number of the product;`(ii) the names by which the product is commonly known; and`(iii) a photograph of the product.`(B) A description of the action being taken with respect to the product.`(C) The number of units of the product with respect to which the action is being taken.`(D) A description of the substantial product hazard and the reasons for the action.`(E) An identification of the manufacturers, importers, distributers, and retailers of the product.`(F) The locations where, and Internet websites from which, the product was sold.`(G) The name and location of the factory at which the product was produced.`(H) The dates between which the product was manufactured and sold.`(I) The number and a description of any injuries or deaths associated with the product, the ages of any individuals injured or killed, and the dates on which the Commission received information about such injuries or deaths.`(J) A description of--`(i) any remedy available to a consumer;`(ii) any action a consumer must take to obtain a remedy; and`(iii) any information a consumer needs to take to obtain a remedy or information about a remedy, such as mailing addresses, telephone numbers, fax numbers, and email addresses.`(K) Any other information the Commission determines necessary.`(2) NOTICES IN LANGUAGES OTHER THAN ENGLISH- The Commission may require a notice described in paragraph (1) to be distributed in a language other than English if the Commission determines that doing so is necessary to adequately protect the public.'.(b) Publication of Information on Recalled Products- Beginning not later than 1 year after the date of the enactment of this Act, the Consumer Product Safety Commission shall make the following information available to the public as the information becomes available to the Commission:(1) Progress reports and incident updates with respect to action plans implemented under section 15(d) of the Consumer Product Safety Act (15 U.S.C. 2064(d)).(2) Statistics with respect to injuries and deaths associated with products that the Commission determines present a substantial product hazard under section 15(c) of the Consumer Product Safety Act (15 U.S.C. 2064(c)).(3) The number and type of communication from consumers to the Commission with respect to each product with respect to which the Commission takes action under section 15(d.CommentsClose CommentsPermalink

Title XIV of the Energy Independence and Security Act of 2007 (Public Law 110-140) is amended--CommentsClose CommentsPermalink





(1) in section 1403 by adding at the end the following:CommentsClose CommentsPermalink





‘(8) STATE- The term ‘State’ has the meaning given such term in section 3(10) of the Consumer Product Safety Act (15 U.S.C. 2064(d)).SEC. 43. STUDY AND REPORT ON EFFECTIVENESS OF AUTHORITIES RELATING TO SAFETY OF IMPORTED CONSUMER PRODUCTS.Not later than 180 days after the date of the enactment of this Act,52(10)), and includes the Northern Mariana Islands.’.CommentsClose CommentsPermalink





(2) in section 1404 by adding at the end of subsection (b) the Comptroller General of the United States shall--(1) conduct a study of the authorities and provisions of the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) to assess the effectiveness of such authorities and provisions in preventing unsafe consumer products from entering the customs territory of the United States;(2) develop a plan to improve the effectiveness of the Consumer Product Safety Commission in preventing unsafe consumer products from entering such customs territory; and(3) submit to Congress a report on the findings of the Comptroller General with respect to paragraphs (1) through (3), including legislative recommendations related to--(A) inspection of foreign manufacturing plants by the Consumer Product Safety Commission; and(B) requiring foreign manufacturers to consent to the jurisdiction of United States courts with respect to enforcement actions by the Consumer Product Safety Commissionfollowing: ‘If a successor standard is proposed, the American Society of Mechanical Engineers shall notify the Commission of the proposed revision. If the Commission determines that the proposed revision is in the public interest, it shall incorporate the revision into the standard after providing 30 days notice to the public.’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 1409. APPLICABILITY.CommentsClose CommentsPermalink

‘This Act is applicable to the United States and its territories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands.’.CommentsClose CommentsPermalink

SEC. 44. BAN ON IMPORTATION OF TOYS MADE BY CERTAIN MANUFACTURERS.Section 17 (15 U.S.C. 2066) is amended--(1) in subsection (a), as amended by section 10(f) of this Act--(A) in paragraph (5), by striking `; or' and inserting a semicolon;(B) in paragraph (6), by striking the period at the end and inserting `; or'; and(C) by adding at the end the following:`(7) is a toy classified under heading 9503, 9504, or 9505 of the Harmonized Tariff Schedule of the United States that is manufactured by a company that the Commission has determined--`(A) has shown a persistent pattern of manufacturing such toys with defects that constitute substantial product hazards (as defined in section 15(a)(2)); or`(B) has manufactured such toys that present a risk of injury to the public of such a magnitude that the Commission has determined that a permanent ban on all imports of such toys manufactured by such company is equitably justified.'; and(2) by adding at the end the following:`(i) Whenever the Commission makes a determination described in subsection (a)(7) with respect to a manufacturer, the Commission shall submit to the Secretary of Homeland Security information that appropriately identifies the manufacturer.`(j) Not later than March 31 of each year, the Commission shall submit to Congress an annual report identifying, for the 12-month period preceding the report--`(1) toys classified under heading 9503, 9504, or 9505 of the Harmonized Tariff Schedule of the United States that--`(A) were offered for importation into the customs territory of the United States; and`(B) the Commission found to be in violation of a consumer product safety standard; and`(2) the manufacturers, by name and country, that were the subject of a determination described in subsection (a)(7)(A) and (B).'.SEC. 45. CONSUMER PRODUCT SAFETY STANDARDS USE OF FORMALDEHYDE IN TEXTILE AND APPAREL ARTICLES239. EFFECTIVE DATES AND SEVERABILITY.CommentsClose CommentsPermalink

(a) Study on Use of Formaldehyde in Manufacturing of Textile and Apparel Articles- Not later than 2 years after the date of the enactment of this Act, the Consumer Product Safety Commission shall 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 caused by the use of formaldehyde in the manufacturing of such articles, or components of such articles.Attest:Secretary.

110th CONGRESS2d SessionH. R. 4040AMENDMENTEffective Dates-CommentsClose CommentsPermalink




(1) IN GENERAL- Except as otherwise specifically provided in this Act, this Act and the amendments made by this Act shall take effect on the date of enactment of this Act.CommentsClose CommentsPermalink





(2) CERTAIN DELAYED EFFECTIVE DATES- The amendments made by sections 103(c) and 214(a)(2) shall take effect on the date that is 60 days after the date of enactment of this Act. Subsection (c) of section 42 of the Consumer Product Safety Act, as added by section 232 of this Act, and the amendments made by sections 216 and 223(b) shall take effect on the date that is 30 days after the date of enactment of this Act.CommentsClose CommentsPermalink





(b) Severability- If any provision of this Act or the amendments made by this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act and the amendments made by this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation.CommentsClose CommentsPermalink