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HR 4040 PCSEAS

Resolved, That the calendarbill from the House of Representatives (H.R. 4040) entitled `An Act tAN ACTTo establish consumer product safety standards and other safety requirements for children's products and to reauthorize and modernize the Consumer Product Safety Commission. Be it enacted by', do pass with the Senate and House of Representatives offollowing

Strike out all after the United States of America in Congress assembled,enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short TitleHORT TITLE- This Act may be cited as the `Consumer Product Safety Modernization Act'.PSC Reform Act'.

(b) Table of ContentsABLE OF CONTENTS- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References.AmendmentSec. 3. Authority to issue implementing regulations.TITLE I--CHILDREN'S PRODUCT SAFETYSec. 101. Ban on children's products containing lead; lead paint rule.Sec. 102. Mandatory third-party testing for certain children's products.Sec. 103. Tracking labels for children's products.Sec. 104. Standards and consumer registration of durable nursery products.Sec. 105. Labeling requirement for certain internet and catalogue advertising of toys and gamesConsumer Product Safety Act.

Sec. 106. Study of preventable injuries and deaths in minority children related to consumer products3. Reauthorization.

Sec. 107. Review of generally-applicable standards for toys.4. PersonnelTITLE II--CONSUMER PRODUCT SAFETY COMMISSION REFORMSec. 201. Reauthorization of the Commission.

Sec. 202. Structure and5. Full Commission requirement; interim quorum.

Sec. 2036. Submission of copy of certain documents to Congress.

Sec. 204. Expedited rulemaking.7Sec. 205. Public disclosure of information.

Sec. 206. Publicly available information on incidents involving injury or death8. Rulemaking.

Sec. 2079. Prohibition on stockpiling under other Commission-enforced statutes.

Sec. 208. No10. Third party certification of noncompliance with any Commission-enforced statutechildren's products.

Sec. 209. Enhanced recall authority and corrective action plans11. Tracking labels for products for children.

Sec. 210. Website notice, notice to third party internet sellers, and radio and television notice12. Substantial product hazard reporting requirement.

Sec. 211. Inspection of certified proprietary laboratorie13. Corrective action plans.

Sec. 21214. Identification of manufacturer, by importers, retailers, and distributors.

Sec. 213. Export of recalled and non-conforming products.15. Prohibited actsSec. 214. Prohibition on sale of recalled products.Sec. 215. Increased civil penalty.Sec. 216. Criminal penalties to include asset forfeiture.

Sec. 217. Enforcement by State attorneys general16. Penalties.

Sec. 218. Effect of rules on p17. Preemption.

Sec. 21918. Sharing of information with Federal, State, local, and foreign government agencies.

Sec. 22019. Financial responsibility.

Sec. 20. Enforcement by State attorneys general.

Sec. 21. Whistleblower protections.

Sec. 22. Ban on children's products containing lead; lead paint rule.

Sec. 23. Alternative measures of lead content.

Sec. 24. Study of preventable injuries and deaths of minority children related to certain consumer products.

Sec. 25. Cost-benefit analysis under the Poison Prevention Packaging Act of 1970.

Sec. 26. Inspector General authoritygeneral 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 accessibilityinjuries from carbon monoxide poisoning.

Sec. 22133. Completion of cigarette lighter rulemaking.

Sec. 34. Consumer product registration forms and standards for durable infant or toddler products.

Sec. 35. Repeal.

Sec. 222. Industry-sponsored travel ba36. Consumer Product Safety Commission presence at National Targeting Center of U.S. Customs and Border Protection.

Sec. 223. Annual reporting requirement37. Development of risk assessment methodology to identify shipments of consumer products that are likely to contain consumer products in violation of safety standards.

Sec. 22438. 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 the on effectiveness of authorityies relating to safety of imported consumer products.

Sec. 44. Ban on importation of toys made by certain manufacturers.

Sec. 45. Consumer product safety standards use of formaldehyde in textile and apparel articles.

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

(a) Commission- As used in this Act, the term `Commission' means the Consumer Product Safety Commission.(b) Consumer Product Safety Act- Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed asin terms of an amendment to, or repeal of, 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.(c) Rule- In this Act and the amendments made by this Act, a reference to any rule under any Act enforced by the Commission shall be considered a reference to any rule, standard, ban, or order under any such Act.).

SEC. 3. AUTHORITY TO ISSUE IMPLEMENTING REGULATIONS.REAUTHORIZATION.

The Commission may issue regulations, as necessary, to implement this Act and the amendments made by this Act.TITLE I--CHILDREN'S PRODUCT SAFETYSEC. 101. BAN ON CHILDREN'S PRODUCTS CONTAINING LEAD; LEAD PAINT RULE.(a) Children's Products Containing Lead-IN GENERAL- Section 32(1) BANNED HAZARDOUS SUBSTANCE- Effective 180 days after the date of enactment of this Act, any children's product containing more than the amounts of lead set forth in paragraph (2) shall be a banned hazardous substance within the meaning of section 2(q)(1) of the Federal Hazardous Substances Act (15 U.S.C. 12612081) is amended--

(q)(1)).(2) STANDARD FOR AMOUNT OF LEAD- The amounts of lead referred to in paragraph shall be--(A) 600 parts per million total lead content (1) by weight for any part of the product;redesignating subsection (c) as subsection (e); and

(B) 300 parts per million total lead content (2) by weight for any part ofstriking subsections (a) and (b) and inserting the product, effective 2 years afterfollowing:

`(a)(1) There are authorized to be appropriated to the date of enactment of this Act; andCommission(C) 100 parts per million total lead content by weight any part of for the product, effective 4 years after the daturpose of enactmentcarrying out the provisions of this Act, unless the Commission determines, after notice and a hearing, that a standardny other provision of 100 parts per million is not feasible, in which case the Commission shall require the lowest amountof lead thatlaw the determines Commission is feasibleauthorized or directed to achieve.carry out--

(3) COMMISSION REVISION TO MORE PROTECTIVE STANDARD- `(A) $88,500,000(A) MORE PROTECTIVE STANDARD- The Commission may, by rule, revise the standard set forth in paragraph (2)(C) for any class of children's productsfiscal 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) From amounts appropriated pursuant to any level and form that the Commission determines is--paragraph (1), there shall shall be made available, for each(i) more protective of human health; andfiscal years 2009 through 2015, up(ii) feasible to achieve.$1,200,000 for travel, subsistence,(B) PERIODIC REVIEW- The Commission shall, based on the best available scientific and technical information, periodically review and revise the standard set forthlated expenses incurred in this section to require the lowest amountfurtherance lead that of the Commission determines is feasibleofficial duties of Commissioners and employees with respect to achieve.ttendance at meetings or similar functions, which shall be used(4) COMMISSION AUTHORITY TO EXCLUDE CERTAIN MATERIALS- The Commission may, rule, exclude certain products and materials from the prohibition in paragraph (1) if by the Commission determines that the lead content infor such products and materials will not result in the absorption of lead in the human body or does not have any adverse impact on public health or safety.urposes(5) DEFINITION OF CHILDREN'S PRODUCT-(A) IN GENERAL- As used in this subsection, the term `children's product' means a consumer product as defined in section 3(1)lieu of the Consumer Product Safety Act (acceptance15 U.S.C. 2052(1)) designed or intended primarily for children 12 years of agepayment or younger.reimbursement(B) FACTORS TO BE CONSIDERED- In determining whether a product is primarily intended for a child 12 years of agesuch expenses from any person--

`(A) seeking official action from, doing business with, or youngerconducting activities regulated by, the following factors shallCommission; or

`(B) whose interests may be considered:substantially affected(i) A statement a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable.(ii) Whether by the product is represented in its packaging, displayerformance or advertising as appropriate for use by children 12 yearsnonperformance age or younger.(iii) Whether of the product is commonly recognized by consumers as being intended for use by child 12 years of ageCommissioner's or younger.employee's official duties.

(iv) The Age Determination Guidelines issued by `(b) There are authorized to be appropriated to the Commission staff in September 2002, and any successor thereto.for the Office of Inspector General--

(6) EXCEPTION FOR INACCESSIBLE COMPONENT PARTS- The standards established under paragraph `(1) $1,600,000 for fiscal year 2009;

`(2) shall not apply$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 any component part of a children's product that is not accessiblebe appropriated a child through normal and reasonably foreseeable use and abuse of such product, as determined by to the Commission. A component part is not accessible under this paragraph if such component part is not physically exposed by reason for the purpose of a sealed covering or casingrenovation, repair, construction, equipping, and does not become physically exposed through reasonably foreseeable usemaking other necessary capital improvements to the Commission's research, development, and abuse oftesting facility (including bringing the product. The Commission may require that certain electronic devices be equippedfacility into compliance with a child-resistant cover or casing that prevents exposure ofpplicable environmental, safety, and accessibility standards), $40,000,000 for fiscal years 2009 and 2010.

`(d) There are authorized to be appropriated the parts of the product containing lead if to the determines that it is not feasible Commission for such products to otherwise meet such standards.research, in cooperation with(b) Paint Standard-(1) IN GENERAL- Not later than 180 days after the date of enactmentNational Institute of this ActScience and Technology, the Commission shall modify section 1303.1 of title 16, Code ofFood and Drug Administration, and other relevant Federal Regulations, to--agencies into safety issues related(A) reduce the standard applicable lead paint by substituting `0.009 percent' for `0.06 percent' in subsection (a) of that section;(B) apply to the standard to all children's products as defineduse of nanotechnology in subsection (a)(5); andconsumer products, $1,000,000(C) reduce the standard for paint and other surface coating on children's products and furniture to 0.009 milligrams per centimeter squared.fiscal(2) MORE PROTECTIVE STANDARD- Not later than 3 years after2009 and 2010.'.

SEC. 4. PERSONNEL.

(a) Professional Staff-

(1) IN GENERAL- The Consumer Product Safety Commission shall increase the date of enactmentnumber of this Act, the Commission shall,fulltime personnel employed rule, revise the standard established under paragraph (1)(C) to a more protective standard if by the determines such a standard Commission to be feasible.at least 500 by October 1, 2013, subject(c) Authority to Extend Implementation Periodsthe availability of appropriations.

(2) PORTS OF ENTRY; OVERSEAS INSPECTORS- The Consumer Product Safety Commission may extend, by rule, the effective dates in subsections (a) and (b) by anshall hire at least 50 additional period notsonnel to exceed 180 days if the Commission determines that--be assigned to duty stations at United States ports(1) there is no impact on public health or safety from extending the implementation period; and(2)(A) the complete implementation of the new standardsentry, or to inspect overseas production facilities, by manufacturersOctober 1, 2010, subject such standards is not feasible within 180 days;(B) to the costavailability of such implementation, particularly on small and medium sized enterprises, is excessive; orappropriations.

(C) t (b) PROFESSIONAL CAREER PATH- The Commission requires additional time to implement such standards and determine the required testing methodologiesshall develop and appropriate exceptions in orderimplement a professional career development program for professional staff to enforce such standards.courage retention of career personnelSEC. 102. MANDATORY THIRD-PARTY TESTING FOR CERTAIN CHILDREN'S PRODUCTS.(a) Mandatory and Third-Party Testing- Section 14(a) (15 U.S.C. 2063(a)) is amended--(1) in paragraph (1)--(A) by striking `Every manufacturer' and inserting `Except as provided in paragraph (2), every manufacturer'; and(B) by striking `standard under this Act' and inserting `rule under this Act or similar rule under any other Act enforced by the Commission';(2) by redesignating paragraph (2) as paragraph (3) and inserting after paragraphprovide professional development opportunities for Commission employees.

(c) Training Standards-

(1) the following:IN GENERAL- Not later than 180 days`(2) Effective 1 year after the date of the enactment of this Act, the Consumer Product Safety Modernization Act, every manufacturer of a children's product (and the private labeler of such children's product if such product bears a private label) which is subject to a consumer product safety rule under this Act or a similar rule or standard under any other Act enforced by the Commission, shall--Commission shall--

`(A) have thedevelop standards for training product tested by a independent third party qualified to perform such tests or a proprietary laboratory certifisafety inspectors and technical staff employed by the Commission under subsection (e) ; and; and

`(B) issue a certificate which shall--submit`(i) certify that such product conforms to Congress a report on such standards or rules; and.

`(ii) specify (2) CONSULTATIONS- The Commission shall develop the applicable consumer product safetytraining or other similar rules.'; and(3) in paragraph (3) (as so redesignated)--(A) by striking `required by paragraph (1) of this subsection' and inserting `standards by paragraph (1) or (2) (as the case may be)'; and(B) by striking `requirement under paragraph (1)' and inserting `requirement required under paragraph (1) or (2) (as the case may be)'.in consultation with(b) Definition of Children's Products and Independent Third Party- Section 14 (15 U.S.C. 2063) is amended by adding at the end the following:`(d) Definitions- In this section, the following definitions apply:`(1) 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 product is primarily intended for a child 12 years of age or younger, the following factors shall be considered:`(A) A statement by a manufacturer about the intended usbroad range of such product, including a label on such product if such statement is reasonable.organizations with expertise`(B) Whether the product is represented in its packaging, display or advertising as appropriate for use by children 12 years of age or younger.consumer`(C) Whether the product is commonly recognized by consumers as being intended for use by child 12 yearssafety issues.

SEC. 5. FULL COMMISSION REQUIREMENT; INTERIM QUORUM.

(a) Number of age or younger.Commissioners-

`(D) The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor thereto. (1) IN GENERAL-`(2) The term `independent third party', means an independent testing entity that is not owned, managed, controlled, or directed by such manufacturer or private labeler, andCongress finds that it is accreditednecessary, in accordance with an accreditation process established or recognized by the Commission. In the case of certification of art material or art material products required under this section or under regulations issued undeorder for the Federal Hazardous Substances Act, such term includes a certifying organization, as such term is defined in appendix AConsumer Product Safety Commission to section 1500.14(b)(8) of title 16, Code of Federal Regulations.'.function effectively and carry out(c) Certification of Proprietary Laboratories- Section 14 (15 U.S.C. 2063) is further amended by adding at the end the following:purpos`(e) Certification of Proprietary Laboratories Mandatory Testing-`(1) CERTIFICATION- Upon request, the Commission, or an independent standard-setting organization to for which the Commission has delegated such authority, may certify a laboratory that is owned, managed, controlled, or directed by the manufacturer or private labelernsumer Product Safety Act was enacted, purposes of testing required under this section if for the Commission determines that--full complement`(A) certification of the laboratory would provide equal or greater consumer safety protection than the manufacturer's use5 members an independent third party laboratory;`(B) of the laboratory has established proceduresCommission to ensure thatserve and participate in the laboratory is protected from undue influence, including pressure to modify or hide test results, bybusiness of the manufacturer or private labeler; andCommission and urges`(C) the laboratory has established procedures for confidential reporting of allegations of undue influencePresident to the Commission.nominate members`(2) DECERTIFICATION- The Commission, or an independent standard-setting organization to which the Commission has delegated such authority, may decertifyfill any laboratory certified under paragraph (1) ivacancy in the membership of the Commission finds, after notice and investigation, that a manufacturer or private labeler has exerted undue influence onas expeditiously as practicable.

(2) REPEAL OF LIMITATION- Title III of Public Law 102-389 is amended by striking the laboratory.'.first proviso in the item captioned `CONSUMER PRODUCT SAFETY COMMISSION, SALARIES AND EXPENSES'(d) Conforming Amendments- Section 14(b) (15 U.S.C. 206353 note).

(b)) is amended-- (b) TEMPORARY QUORUM- Notwithstanding section 4(d)(1) by striking `standards under this Act' and inserting `rules under this Act or similar rules under any other Act enforced by the Commission'; and(2) by striking `, at the option of the person required to certify the product,' and inserting `be required by the Commission to'.Consumer Product Safety ActSEC. 103. TRACKING LABELS FOR CHILDREN'S PRODUCTS.Section 14(a) (15 U.S.C. 206353(d)), 2 members(a)) is further amended by adding at the end the following:`(4) Effective 1 year after the date of enactment of the Consumer Product Safety Modernization Act,Commission, if they are not affiliated with the manufacturer ofsame political party, shall constitute a children's product shall, to the extent feasible, place distinguishing marks on the product and its packaging that will enablequorum for the manufacturer andtransaction of business for the ultimate purchaser to ascertai9-month period beginning on location and the date of production of the product, and any other information determined by the manufacturer to facilitate ascertaining the specific sourceenactment of the product by reference to those marks.'is Act.

SEC. 104. STANDARDS AND CONSUMER REGISTRAT6. SUBMISSION OF DURABLE NURSERY PRODUCTS.COPY OF CERTAIN DOCUMENTS TO CONGRESS.

Short Title- This section may be cited as the `Danny Keysar Child Product Safety Notification Act'.(b) Safety Standards-(1) (a) IN GENERAL- The Commission shall--Notwithstanding(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 infantrule, regulation, or toddler product; andorder to(B) in accordance with section 553 of title 5, United States Code, promulgate consumer product safety rules that--(i) are substantially the same as such voluntary standards; orcontrary,(ii) are more stringent than such voluntary standards, if the Commission determines that more stringent standards would further reduce the risk of injury associatedshall comply such products.(2) TIMETABLE FOR RULEMAKING- Not later than 1 year after with the daterequirements of enactmentsection 27(k) this Act, of the Commission shall commence the rulemaking required under paragraph (1) and shall promulgate rules for no fewer than 2 categories of durable nursery products every 6 months thereafter, beginningnsumer Product Safety Act (15 U.S.C. 2076(k)) with the product categories that the Commission determinesrespect to be of highest priority, until the Commission has promulgated standards for all such product categories. Thereafter, the Commission shall periodically reviewudget recommendations, legislative recommendations, testimony, and revisecomments on legislation submitted by the rules set forth under this subsectCommission ensure that such rules provide to the highest levelPresident or the Office of safety for such products that is feasible.Management and Budget(c) Consumer Registration Requirement-(1) RULEMAKING- Not later than 1 year after the date of enactment of this Act,.

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

(1) by striking `or' after the Commission shall, pursuant to its authority undersemicolon in paragraph (31);

(2) by redesignating paragraph (32) as (33); and

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

`(32) section 16(b27(k) of the Consumer Product Safety Act (15 U.S.C. 206576(k)); or'.

(b)), promulgate a final consumer product safety rule to require manufacturers of durable infant SEC. 7. PUBLIC DISCLOSURE OF INFORMATION.

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

(1) by inserting `A manufacturer or toddler products--private labeler shall submit any(A) to provide consumers with a postage-paid consumer registration form with each such product;mark within 15 calendar days after(B) to maintain a record of the names, addresses, email addresses,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 other contact information of consumers who register their ownership of such products withinserting `15 days';

(3) by striking `finds that the manufacturerpublic' in order to improvesubsection (b)(1) and inserting `publishes a finding that the effectiveness of manufacturer campaigns to recallpublic';

(4) by striking `notice and publishes such products; anda finding in(C) to permanently place the manufacturer name and contact information, model nameFederal Register),' in subsection (b)(1) and number,inserting `notice),';

(5) by striking `10 days' in subsection (b)(2) and inserting `5 days';

(6) by striking `finds that the date of manufacture on each durable infant or toddler product.public' in(2) REQUIREMENTS FOR REGISTRATION FORM- The registration form required to be provided to consumers under subsection (a) shall--b)(2)(A) include spaces for a consumer to provide their name, address, telephone number, and email address;inserting `publishe(B) include space sufficiently large to permit easy, legible recording of all desired information;(C) be attached to the surface of each durable infant or toddler product so that, as a practical matter,finding that the consumer must public';

(7) by striking `notice and handle the form after purchasing the product;publishes such a finding in(D) include the manufacturer's name, model nameFederal Register.' in subsection (b)(2) and number for the product,inserting `notice.';

(8) in subsection (b)--

(A) by striking `(3)' and inserting `(3)(A)'; and

(B) by adding at the date of manufacture;end thereof(E) include a message explaining the purpose of the registration and designed to encourage consumers to complete the registration;following:

(F) include an option for consumers to register through `(B) If the Internet; andCommission determines(G) include a statement information provided by that the consumer shall not be used for any purpose other than to facilitate a recall of orpublic health and safety alert regarding that product.requires expedited consideration of an action broughtIn issuing regulations under this sectionsubparagraph (A), the Commission may prescribe the exact text and format of the required registration form.file(3) RECORD KEEPING AND NOTIFICATION REQUIREMENTS- The standard required under this section shall require each manufacturer of a durable infant or toddler product to maintain a record of registrants for each product manufactured that includes all ofquest with the information provided by each consumer registered, and to use such information to notifyDistrict Court for such consumers inexpedited consideration. If the event of a voluntary or involuntary recall of or safety alert regarding such product. Each manufacturer shall maintainCommission files such a record for a period of not less than 6 years afterquest, the date of manufacture ofDistrict Court shall--

`(i) assign the product. Consumer information collected by a manufacturer under this Act may not be used bymatter for hearing at the manufacturer, nor disseminated by such manufacturerearliest possible date;

`(ii) give precedence to any other party, for any purpose other than notificationthe matter, such consumer in to the evengreatest extent practicable, over all other matters pending on the docket of a product recall or safety alert.the court(4) STUDY- The Commission shall conduct a study such time as it considers appropriate on at the effectivenesstime;

`(iii) expedite consideration of the consumer registration forms in facilitating product recalls and whether such registration forms should be required for other children's products. Not later than 4 yearmatter to the greatest extent practicable; and

`(iv) grant or deny the requested injunction within 30 days after the date of enactment of this Act,n which the Commission shall report its findings's request was filed with the court.';

(9) by striking `section 19 (related to Congress.prohibited acts);'(d) Definition of Durable Infant or Toddler Product- As used in subsection (b)(4) and inserting `any consumer product safety rule or provision of this section, the term `durable infanAct or toddler product'--similar rule(1) means a durable product intended for use, or that may be reasonably expected to be used, by children under the ageprovision of 5 years; andany(2) shall include--(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 enclosures for confining a child;(F) play yards;(G) stationary activity centers;(H) infant carriers;(I) strollers;(J) walkers;(K) swings; and(L) bassinets and cradles.SEC. 105. LABELING REQUIREMENT FOR CERTAIN INTERNET AND CATALOGUE ADVERTISING OF TOYS AND GAMES.Section 24 of the Federal Hazardous Substances other Act (enforced15 U.S.C. 1278) is amended--(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;the Commission;';

(2 (10) by insertingstriking `or' subsection (b) after the following:semicolon in subsection (b)(5)(B);

`(c) Internet, Catalogue, (11) by striking `disclosure.' in subsection (b)(5)(C) and Other Advertising-inserting `disclosure; or';

`(1) REQUIREMENT- Effective 180 days (12) by inserting in subsection (b)(5) after subparagraph (C) the Consumer Product Safety Modernization Act, any advertisement offollowing:

`(D) the Commission publishes a retailer, manufacturer, importer, distributor, private labeler, or licensorfinding provides a direct means for that the purchase or ordering of any toy, game, balloon, small ball, or marble thatblic health and safety requires public disclosure with a cautionary statement under subsections (a) and (b), including advertisement on Internet websites or in catalogues or other distributed materials, shall include the appropriate cautionary statementlesser period of notice than is required under such subsections in its entirety displayed on or immediately adjacent to such advertisement. Such cautionary statement shall be displayed in the language that is primarily usedparagraph (1).';

(13) in the advertisement, catalogue, or Internet website, and in a clear and conspicuous manner consistent with part 1500 of title 16, Codematter following subparagraph (D) of Federal Regulations (or a successor regulation thereto).subsection (b)(5) (as added by`(2) ENFORCEMENT- The requirement in paragraph (1) shall be treated as a2) of this section), by striking `section 19(a),' and inserting `any consumer product safety rule promulgatedor provision under section 7 of the Consumer Product Safetythis (15 U.S.C. 2056) and the publication Act or distributsimilar rule or provision of any advertisement that is not in compliance with the requirements of paragraph (1) shall be treated as a prohibited act under section 19 of suchother Act (enforced15 U.S.C. 2068).`(3) RULEMAKING- Not later than 180 days after the date of enactment of Consumer Product Safety Modernization Act, the Commission shall, rule, modify the requirement under paragraph (1) with regard to catalogues or other printed materials concerning the size and placement of by the cautionary statement required under such paragraph as appropriate relative toCommission,'; and

(14) by adding at the size and placementend of subsection (b) the advertisements in such printed materials. The Commission may, under such rule, provide a grace period for catalogues and printed materials printed prior to the effective date in paragraph (1) during which time distribution of such printed materials shall not be considered a violation of such paragraph.'.following:

SEC. 106. STUDY `(9) PUBLICLY AVAILABLE DATABASE OF PREVENTABLE INJURIESREPORTED DEATHS, INJURIES, ILLNESS, AND DEATHSRISK OF SUCH INCIDENTS-

`(A) IN MINORITY CHILDREN RELATED TO CONSUMER PRODUCTS.GENERAL(a) In General- Not later than 90 days1 year after the date the of enactment of thise CPSC Reform Act, the Comptroller Generalmission 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,establish and Asian/Pacific Islander children in the United States. The Comptroller General shall consult withmaintain a publicly available searchable database accessible on the Commission as necessary.'s web site.(b) Requirements- The studydatabase shall examine the racial disparitieinclude any reports of the ratesinjuries, illness, death, or risk of preventable injuries and deathssuch injury, illness, or death related suffocation, poisonings, and drownings associated with to the use of cribs, mattresses and bedding materials, swimming pools and spas, and toys and othonsumer products intended for usereceived children.(c)) Report- Not later than 1 year after the date of the enactment of this Act, by Comptroller General shall report the findings to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The report shall include--(1) the Comptroller General's findings on the incidence of preventable risks of injuries and deaths among children of minority populations and recommendations for minimizing such 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 statistical disparities.SEC. 107. REVIEW OF GENERALLY-APPLICABLE STANDARDS FOR TOYS.(a) Assessment- The the Commission shall examinefrom--

`(i) consumers;

`(ii) local, State, or Federal government agencies;

`(iii) health care professionals, including physicians, hospitals, and assess the effectiveness of thecoroners;

`(iv) child service providers;

`(v) public safety standard for toys, ASTM-International standard F963-07, or its successor standard, to determine--entitie(1) the scope of such standards, including the numberpolice and type of toys to which such standards apply;fire fighters; and

(2) the degree of adherence `(vi) other non-governmental sources, other than information provided such standards on the part of manufacturers; and(3) the adequacy of such standards in protecting children from safety hazards.(b) Special Focus on Magnets- In conducting the assessment required under subsection (a), to the shall first examine the effectiveness of the F963-07 standard as it relates to intestinal blockage and perforation hazards caused Commission by ingestion of magnets. If the Commission determines based on the review that there is substantial noncompliance with such standard that creates an unreasonable risk of injuryretailers, manufacturers, or hazard to children, the Commission shall expedite a rulemakingprivate labelers pursuant consider the adoption, as to consumer product safety rule, of the a safety standards contained within the ASTM F963-07, or its successor standard, that relate to intestinal blockage and perforation hazards caused by ingestion of magnets.(c) Report- Not later than 2 years after the date of enactment of this Act, the Commission shall report to Congress the findings of the study conducted pursuant to subsection (a). Such report shall include the Commission's opinion regarding--(1) the feasibility of requiring manufacturer testing of all toys to such standards; and(2) whether promulgating consumer product safety rules that are substantially similar voluntary or more stringent than the standards described in such subsection would be beneficial to public health and safety.required submission underTITLE II--CONSUMER PRODUCT SAFETY COMMISSION REFORMSEC. 201. REAUTHORIZATION OF THE COMMISSION.(a) Authorization of Appropriations- Subsections (a) and (b) of section 32 (15 or15 U.S.C. 2081) are amended to read as follows:`(a) 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 authorizedmandatory or directed to carry out--voluntary program.

`(1) $80,000,000 for fiscal year 2009; `(B) ADDITIONAL CONTENTS-`(2) $90,000,000 for fiscal year 2010; and`(3) $100,000,000 for fiscal year 2011.`(b) In addition to the amounts specifireports described in subsection (a), there are authorized to be appropriated $20,000,000 toparagraph (A), the Commission for fiscal years 2009 through 2011, for the purpose of renovation, repair, reconstruction, re-equipping, and making other necessary capital improvements to the Commission's research, development, and testing facility (including bringingmay include in the facility into compliance with applicable environmental, safety, and accessibility standards).'.database any additional information it determines(b) Report to Congress- Not later than 180 days after the date of enactment of this Act,be in the public interest.

`(C) ORGANIZATION OF DATABASE- The Commission shall transmit to Congress a report of its plans to allocatcategorize the funding authorizedinformation available on the database by subsection (a). Such report shall include--date, product, manufacturer,(1) the numbermodel of full-time inspectorsthe product, and any other full-time equivalentscategory the Commission intenddetermines to employ;be in(2) the plan of the Commission for risk assessment and inspection of imported consumer products;(3) an assessment of the feasibility of mandating bonds for serious hazards and repeat offenders and Commission inspection and certification of foreign third-party and proprietary testing facilities; and(4) the efforts of the public interest.

`(D) TIMING- The Commission to reach and educate retailers of second-hand products and informal sellers,shall make such as thrift shops and yard sales, concerning consumer product safety standards and product recalls, especially those relating to durable nursery products, in order to prevent the resale of any products that have been recalled, includingreports available on the development of educational materials for distribution notCommission website no later than 1 year5 days after the date of enactment of this Act.n whichSEC. 202. STRUCTURE AND QUORUM.(a) Extension of Temporary Quorum- Notwithstanding section 4(d) of the Consumer Product Safety Act (15 U.S.C. 2053(d)), 2 members of the Commission, if they are not affiliated with the same political party, shall constitute a quorum for the transaction of business for the period beginning on the date of enactment of this Act through--received.

(1) August 3, 2008, if the President nominates a person to fill a vacancy on `(E) REMOVAL OF INACCURATE OR INCORRECT INFORMATION- If the Commission prior to such date; ordetermines,(2) the earlier of--(A) 3 months after the datinvestigation, that information made available which on the President nominates a person to fill a vacancy ondatabase is incorrect the Commission after such date; orshall promptly remove it from(B) February 3, 2009.(b) Repeal of Limitation- The first proviso in the account under the heading `Consumer Product Safety Commission, Salaries and Expenses' in title III of Public Law 102-389 (database.

15 U.S.C. 2053 `(F) MANUFACTURER COMMENTS- A manufacturer, private labeler, or retailer note) cease to shall be in effect after fiscal year 2010.given an opportunity to comment onSEC. 203. SUBMISSION OF COPY OF CERTAIN DOCUMENTS TO CONGRESS.(a) In General- Notwithstanding any rule, regulationinformation involving a product manufactured by that manufacturer, or order to the contrary,distributed by that private labeler or retailer, as the Commission shall comply withcase may be. Any such comments may be included in the requirements of section 27(k) ofdatabase alongside the Consumer Product Safety Act (information involving such product if reques15 U.S.C. 2076) with respect to budget recommendations, legislative recommendations, testimony, and comments on legislation submitted by the manufacturer, private labeler, or retailer.

`(G) DISCLOSURE- The Commission tomay not disclose the Presidentnames or the Officeaddresses of Managementconsumers pursuant to its authority under this subsection.

`(H) APPLICATION WITH OTHER PROVISIONS- Subsection (a) Budget after and the date of enactmentpreceding paragraphs of this Act.subsection do not apply to(b) Reinstatement of Requirement- Section 3003(d) of Public Law 104-66 (31 U.S.C. 1113 note) is amended--(1) by striking `or' after the semicolon in paragraph (31);public disclosure of information received(2) by redesignating paragraph (32) as (33); and(3) inserting after paragraph (31) by the following:Commission under subparagraph (A`(32) section 27(k) of the Consumer Product Safety Act (is paragraph.15 U.S.C. 2076(k)); or'.

SEC. 204. EXPEDITED RULEMAKING.8. RULEMAKING.

(a) Rulemaking Under the Consumer Product Safety Act-ANPR Requirement-

(1) ADVANCE NOTICE OF PROPOSED RULEMAKING REQUIREMENT (1) IN GENERAL- Section 9 (15 U.S.C. 2058) is amended--

(A) by striking `shall be commenced' in subsection (a) and inserting `may be commenced';

(B) by striking `in the notice' in subsection (b) and inserting `in a notice';

(C) by striking `unless, not less than 60 days after publication of the notice required in subsection (a), the' in subsection (c) and inserting `unless the';

(D) by inserting `or notice of proposed rulemaking' after `advance notice of proposed rulemaking' in subsection (c); and (D(E) by striking `an advance notice of proposed rulemaking under subsection (a) relating to the product involved,' in the third sentence of subsection (c) and inserting `the notice'.,'; and

(E) by striking `Register.' in the matter following paragraph (4) of subsection (c) and inserting `Register. Nothing in this subsection shall preclude any person from submitting an existing standard or portion of a standard as a proposed consumer product safety standard.'.

(2) CONFORMING AMENDMENT- Section 5(a)(3) (15 U.S.C. 2054(a)(3)) is amended by striking `an advance notice of proposed rulemaking or'.

(b) Rulemaking Under Federal Hazardous Substances Act-

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

`(a) Rulemaking-

`(1) IN GENERAL- Whenever in the judgment of the Commission such action will promote the objectives of this Act by avoiding or resolving uncertainty as to its application, the Commission may by regulation declare to be a hazardous substance, for the purposes of this Act, any substance or mixture of substances, which the Commissionit finds meets the requirements of section 2(f)(1)(A).

'. `(2) PROCEDURE-(A) Proceedings for the issuance, amendment, or repeal of regulations under this subsection and the admissibility of the record of such proceedings in other proceedings, shall be governed by the provisions of subsections (f) through (i) of this section.'.

(2) PROCEDURE- Section 2(q)(2) of the Federal Hazardous Substances Act (15 U.S.C. 1261(q)(2)) is amended by striking `Proceedings for the issuance, amendment, or repeal of regulations pursuant to clause (B) of subparagraph (1) of this paragraph shall be governed by the provisions of sections 701(e), (f), and (g) of the Federal Food, Drug, and Cosmetic Act: Provided, That if' and inserting `Proceedings for the issuance, amendment, or repeal of regulations pursuant to clause (B) of subparagraph (1) of this paragraph shall be governed by the provisions of subsections (f) through (i) of section 3 of this Act, except that if'.

(B) Section 3(a)(2) of the Federal Hazardous Substances Act (15 U.S.C. 1262(a)(2)) is amended to read as follows:`(2) 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.'.(3) ADVANCE NOTICE OF PROPOSED RULEMAKINGNPR REQUIREMENT- Section 3 of the Federal Hazardous Substances Act (15 U.S.C. 1262) is amended--

(A) by striking `shall be commenced' in subsection (f) and inserting `may be commenced';

(B) by striking `in the notice' in subsection (g)(1) and inserting `in a notice'; and

(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'.

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

(A) by striking subsectionparagraphs (c) and (d) of section 2 and inserting the following:

`(d `(c) The term `Commission' means the Consumer Product Safety Commission.';

(B) by striking `Secretary' each place it appears and inserting `Commission' except--

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

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

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

(C) by striking `Department' each place it appears, except in section 14(bs 5(c)(6)(D)(i) and 14(b) (15 U.S.C. 1264(c)(6)(D)(i) and 1273(b)), and inserting `Commission';

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

(E) by striking `Secretary of Health, Education, and Welfare' each place it appears in section 10(b) (15 U.S.C. 1269(b)) and inserting `Commission';

(F) by striking `Secretary of Health, Education, and Welfare' each place it appears in section 14 (15 U.S.C. 1273) and inserting `Commission';

(G) by striking `Department of Health, Education, and Welfare' in section 14(b) (15 U.S.C. 1273(b)) and inserting `Commission';

(H) by striking `Consumer Product Safety Commission' each place it appears and inserting `Commission';

and(I) by striking `(hereinafter in this section referred to as the `Commission')' in section 14(d) (15 U.S.C. 1273(d)) and section 20(a)(1) (15 U.S.C. 1275(a)(1)).; and

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

(c) Rulemaking Under the Flammable Fabrics Act-ULEMAKING UNDER FLAMMABLE FABRICS ACT-

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

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

(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'.

(2) OTHER CONFORMING AMENDMENTS- The Flammable Fabrics Act (15 U.S.C. 1193 et seq.) is further amended--amended--

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

`(i) The term `Commission' means the Consumer Product Safety Commission.';

(B) by striking `Secretary of Commerce' each place it appears and the inserting `Commission';

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

(D) by striking `he' and `his' each place either term appearsthey appear in reference to the sSecretary and inserting `it' and `its', respectively;

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

(F) in section 15, (F) by striking `Consumer Product Safety Commission (hereinafter in this section referred to as the `Commission')' in section 15 (15 U.S.C. 1202) and inserting `Commission';

(G) by striking section 16(d) (15 U.S.C. 1203(d)) and inserting the following:

`(d) In this section, a reference to a flammability standard or other regulation for a fabric, related materials, 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) in section 17,