U.S. Congress - Text of S.2045 as Reported in Senate CPSC Reform Act of 2007
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Donate NowS.2045 - CPSC Reform Act of 2007
A bill to reform the Consumer Product Safety Commission to provide greater protection for children's products, to improve the screening of noncompliant consumer products, to improve the effectiveness of consumer product recall programs, and for other purposes.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in Senate | 9,868 | n/a | n/a |
| Reported in Senate | 27,183 | 342 Show Changes Hide Changes | 59% |
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S 2045 ISRSCommentsClose CommentsPermalink
To reform the Consumer Product Safety Commission to provide greater protection for children's products, to improve the screening of noncompliant consumer products, to improve the effectiveness of consumer product recall programs, and for other purposes.CommentsClose CommentsPermalink
September 12, 2007
Mr. PRYOR (for himself and, Mr. INOUYE, Ms. KLOBUCHAR, Mr. DURBIN, Mr. NELSON of Florida, Mr. BROWN, Mr. SCHUMER, Mr. MENENDEZ, and Mr. CASEY) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink
December 5, 2007
Reported by Mr. INOUYE, with an amendmentCommentsClose CommentsPermalink
[Strike out all after the enacting clause and insert the part printed in italic]
To reform the Consumer Product Safety Commission to provide greater protection for children's products, to improve the screening of noncompliant consumer products, to improve the effectiveness of consumer product recall programs, and for other purposes.CommentsClose CommentsPermalink
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.
(a) SHORT TITLE- This Act may be cited as the `CPSC Reform Act of 2007'. CommentsClose CommentsPermalink
(b) TABLE 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 Act. CommentsClose CommentsPermalink
Sec. 3. Reauthorization. CommentsClose CommentsPermalink
Sec. 4. Personnel. CommentsClose CommentsPermalink
Sec. 5. Full Commission requirement; interim quorum. CommentsClose CommentsPermalink
Sec. 6. Submission of copy of certain documents to Congress. CommentsClose CommentsPermalink
Sec. 7. Public disclosure of information. CommentsClose CommentsPermalink
Sec. 8. Rulemaking. CommentsClose CommentsPermalink
Sec. 9. Prohibition on stockpiling under other Commission-enforced statutes. CommentsClose CommentsPermalink
Sec. 10. Third party certification of children's products. CommentsClose CommentsPermalink
Sec. 11. Tracking labels for products for children. CommentsClose CommentsPermalink
Sec. 12. Substantial product hazard reporting requirement. CommentsClose CommentsPermalink
Sec. 13. Corrective action plans. CommentsClose CommentsPermalink
Sec. 14. Identification of manufacturer by importers, retailers, and distributors. CommentsClose CommentsPermalink
Sec. 15. Repeated importation offenses. CommentsClose CommentsPermalink
Sec. 16. Prohibited acts. CommentsClose CommentsPermalink
Sec. 17. Penalties. CommentsClose CommentsPermalink
Sec. 18. Preemption. CommentsClose CommentsPermalink
Sec. 19. Sharing of information with Federal, State, local, and foreign agencies. CommentsClose CommentsPermalink
Sec. 20. Bonding. CommentsClose CommentsPermalink
Sec. 21. Enforcement by State attorneys general. CommentsClose CommentsPermalink
Sec. 22. Whistleblower protection for manufacturers' employees. CommentsClose CommentsPermalink
Sec. 23. Ban on children's products containing lead; lead paint rule. CommentsClose CommentsPermalink
Sec. 24. Alternative measures of lead content. CommentsClose CommentsPermalink
Sec. 25. Study of preventable injuries and deaths of minority children related to certain consumer products. CommentsClose CommentsPermalink
Sec. 26. Cost-benefit analysis under the Poison Prevention Packaging Act of 1970. CommentsClose CommentsPermalink
Sec. 257. Inspector General reports. CommentsClose CommentsPermalink
Sec. 28. Public Internet website links. CommentsClose CommentsPermalink
Sec. 29. Child-resistant portable gasoline containers. CommentsClose CommentsPermalink
Sec. 30. Toy safety standard. CommentsClose CommentsPermalink
Sec. 31. All-terrain vehicle safety standard. CommentsClose CommentsPermalink
Sec. 32. Garage door opener standard. CommentsClose CommentsPermalink
Sec. 33. Reducing deaths and injuries from carbon monoxide poisoning. CommentsClose CommentsPermalink
Sec. 34. Completion of upholstered furniturecigarette lighter rulemaking. CommentsClose CommentsPermalink
Sec. 35. Consumer product registration forms. CommentsClose CommentsPermalink
SEC. 2. AMENDMENT OF 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, 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 (
SEC. 3. REAUTHORIZATION.
(a) IN GENERAL- Section 32 (
(1) by redesignating subsection (c) as subsection (de); and CommentsClose CommentsPermalink
(2) by striking subsections (a) and (b) and inserting the following: CommentsClose CommentsPermalink
`(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 authorized or directed to carry out-- CommentsClose CommentsPermalink
`(1) $80,000,000 for fiscal year 2009; CommentsClose CommentsPermalink
`(2) $88,500,000 for fiscal year 2010; CommentsClose CommentsPermalink
`(3) $96,800,000 for fiscal year 2011; CommentsClose CommentsPermalink
`(4) $106,480,000 for fiscal year 2012; CommentsClose CommentsPermalink
`(5) $117,128,000 for fiscal year 2013; CommentsClose CommentsPermalink
`(6) $128,841,000 for fiscal year 2014; and CommentsClose CommentsPermalink
`(7) $141,725,000 for fiscal year 2015. CommentsClose CommentsPermalink
`(b) There are authorized to be appropriated to the Commission for the Office of Inspector General-- CommentsClose CommentsPermalink
`(1) $1,600,000 for fiscal year 2009; CommentsClose CommentsPermalink
`(2) $1,770,000 for fiscal year 2010; CommentsClose CommentsPermalink
`(3) $1,936,000 for fiscal year 2011; CommentsClose CommentsPermalink
`(4) $2,129,600 for fiscal year 2012; CommentsClose CommentsPermalink
`(5) $2,342,560 for fiscal year 2013; CommentsClose CommentsPermalink
`(6) $2,576,820 for fiscal year 2014; and CommentsClose CommentsPermalink
`(7) $2,834,500 for fiscal year 2015. CommentsClose CommentsPermalink
`(c) There are authorized to be appropriated to the Commission for the purpose of renovation, repair, reconstruction, re-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), $240,000,000 for fiscal years 2009 and 2010. CommentsClose CommentsPermalink
`(cd) 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.'. CommentsClose CommentsPermalink
SEC. 4. PERSONNEL.
(a) PROFESSIONAL STAFFrofessional Staff- CommentsClose CommentsPermalink
(1) IN GENERAL- The Consumer Product Safety Commission shall increase the number of fulltime 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- 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. CommentsClose CommentsPermalink
(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. CommentsClose CommentsPermalink
(c) CHANGE OF EMPLOYMENT STATUS BY POLITICAL APPOINTEES- An individual who is employed by the Commission as a political appointee (as defined in
(d) PERSONNEL IN IMMEDIATE OFFICE OF COMMISSIONERS- The Commission may not reduce the number of fulltime employees in the immediate office of a commissioner unless the reduction is authorized by unanimous vote of the Commission. CommentsClose CommentsPermalink
SEC. 5. FULL COMMISSION REQUIREMENT; INTERIM QUORUM.
(a) Number of Commissioners- CommentsClose CommentsPermalink
(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. CommentsClose CommentsPermalink
(2) REPEAL OF LIMITATION- Title III of
(b) TEMPORARY QUORUM- Notwithstanding section 4(d) of the Consumer Product Safety Act (
SEC. 6. SUBMISSION OF COPY OF CERTAIN DOCUMENTS TO CONGRESS.
(a) IN 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 (
(b) REINSTATEMENT OF REQUIREMENT- Section 3003(d) of
(1) by striking `or' after the semicolon in paragraph (31); CommentsClose CommentsPermalink
(2) by redesignating paragraph (32) as (33); and CommentsClose CommentsPermalink
(3) by inserting after paragraph (31) the following: CommentsClose CommentsPermalink
`(32) section 27(k) of the Consumer Product Safety Act (
SEC. 7. PUBLIC DISCLOSURE OF INFORMATION.
Section 6 (
(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
and(2 (2) by striking subsection (a)(6) and inserting the following: CommentsClose CommentsPermalink
`(6) If a manufacturer or private labeler receives a notification from the Commission under paragraph (5) of the Commission's intent to disclose a document marked as confidential by that manufacturer or private labeler, it may appeal the determination of the Commission under paragraph (5) with respect to that document. The appeal shall be made in writing to the general counsel of the Commission before the date set for release of the document and set forth the reason the manufacturer or private labeler believes disclosure of the document is barred by paragraph (2). The general counsel shall act on the appeal within 30 days after receiving it. If the general counsel determines that disclosure of the document is not barred by paragraph (2), the manufacturer or private labeler may appeal the determination of the general counsel to the full Commission, which shall decide within 15 days after receiving it whether the determination of the general counsel is supported by the law and the evidence. The document may not be disclosed during the pendency of an appeal under this paragraph.'; and CommentsClose CommentsPermalink
(3) by striking subsection (b) and inserting the following: CommentsClose CommentsPermalink
`(b)(1) Except as provided by paragraph (3) of this subsection, prior to its public disclosure of any information obtained under this Act, or to be disclosed to the public in connection therewith (unless the Commission finds that the public health and safety requires otherwise), the Commission shall, to the extent practicable, notify and provide a summary of the information to, each manufacturer or private labeler of any consumer product to which such information pertains, if the manner in which such consumer product is to be designated or described in such information will permit the public to ascertain readily the identity of such manufacturer or private labeler, and shall provide such manufacturer or private labeler not less than 15 days to submit comments to the Commission as to the veracitaccuracy of such information. CommentsClose CommentsPermalink
`(2) In disclosing any information under this subsection, the Commission may, and upon the request of the manufacturer or private labeler shall, include with the disclosure any comments or other information or a summary thereof submitted under paragraph (1) by such manufacturer or private labeler as an addendum. CommentsClose CommentsPermalink
`(3) Paragraphs (1) and (2) of this subsection do not apply to the public disclosure of information-- CommentsClose CommentsPermalink
`(A) information about any consumer product-- CommentsClose CommentsPermalink
`(i) with respect to which the Commission has filed an action under section 12; CommentsClose CommentsPermalink
`(ii) with respect to which the Commission has issued a complaint under section 15(c) or (d) alleging that such product presents a substantial product hazard; or CommentsClose CommentsPermalink
`(iii) which the Commission has reasonable cause to believe is in violation of section 19 (relating to prohibited acts).`(4any regulation promulgated by the Commission or any Act enforced by the Commission, or where the Commission determines that the public health or safety requires immediate disclosure or a substantial product hazard exists; CommentsClose CommentsPermalink
`(B) information in the course of, or concerning, a rulemaking proceeding (which shall commence upon the publication of an advance notice of proposed rulemaking or a notice of proposed rulemaking), an adjudicatory proceeding (which shall commence upon the issuance of a complaint), or other administrative or judicial proceeding under this Act. CommentsClose CommentsPermalink
`(4) If, after the commencement of a rulemaking or the initiation of an adjudicatory proceeding, the Commission decides to terminate the proceeding before taking final action, the Commission shall, in a manner equivalent to that in which such commencement or initiation was publicized, take reasonable steps to make known the decision to terminate. CommentsClose CommentsPermalink
`(5) The Commission may not disclose the names or addresses of consumers pursuant to its authority under this section unless the consumer consents in writing to the disclosure.'. CommentsClose CommentsPermalink
SEC. 8. RULEMAKING.
(a) ANPR Requirement- CommentsClose CommentsPermalink
(1) IN GENERAL- Section 9 (
(A) 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 inserting ` or notice of proposed rulemaking' after `advance notice of proposed rulemaking' in subsection (c); and(E and 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'.(2),'. CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Section 5(a)(3) (
(b) Rulemaking Under Federal Hazardous Substances Act- CommentsClose CommentsPermalink
(1) IN GENERAL- Section 3(a) of the Federal Hazardous Substances Act (
`(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 section 2(f)(1)(A).'.of section 2(f)(1)(A). CommentsClose CommentsPermalink
`(2) Procedure-(A)ROCEDURE- 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 (
(B) Section 3(a)2 of the Federal Hazardous Substances Act (
(A) 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'; and 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'. CommentsClose CommentsPermalink
(4) OTHER CONFORMING AMENDMENTS- The Federal Hazardous Substances Act (
(A) by striking paragraphs (c) and (d) of section 2 and inserting the following: CommentsClose CommentsPermalink
`(dc) The term `Commission' means the Consumer Product Safety Commission.'; CommentsClose CommentsPermalink
(B) by striking `Secretary' each place it appears and inserting `Commission' except-- CommentsClose CommentsPermalink
(i) in section 10(b) (
(ii) in section 14 (
(iii) in section 21(a) (
(C) by striking `Department' each place it appears, except in section 14(bs 5(c)(6)(D)(i) and 14(b) (
(D) by striking `he' and `his' each place they appear in reference to the Secretary and inserting `it' and `its', respectively; CommentsClose CommentsPermalink
(E) by striking `Secretary of Health, Education, and Welfare' each place it appears in section 10(b) (
(F) by striking `Secretary of Health, Education, and Welfare' each place it appears in section 14 (
(G) by striking `Department of Health, Education, and Welfare' in section 14(b) (
(H) by striking `Consumer Product Safety Commission' each place it appears and inserting `Commission'; CommentsClose CommentsPermalink
and(I) by striking `(hereinafter in this section referred to as the `Commission')' in section 14(d) (
(J) by striking paragraph (5) of section 18(b) (
(c) RULEMAKING UNDER FLAMMABLE FABRICS ACT- CommentsClose CommentsPermalink
(1) IN GENERAL- Section 4 of the Flammable Fabrics Act (
(A) by striking `shall be commenced' in subsection (g) and inserting `may be commenced by a notice of proposed rulemaking or'; and 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'. CommentsClose CommentsPermalink
(2) OTHER CONFORMING AMENDMENTS- The Flammable Fabrics Act (
(A) by striking paragraph (i) of section 2 (
`(i) The term `Commission' means the Consumer Product Safety 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 (
(D) by striking `he' and `his' each place they appear in reference to the Secretary and inserting `it' and `its', respectively; CommentsClose CommentsPermalink
(E) by striking paragraph (5) of section 4(e) (
(F) by striking `Consumer Product Safety Commission (hereinafter in this section referred to as the `Commission')' in section 15 (
(G) by striking section 16(d) (
`(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 (
(H) by striking `Consumer Product Safety Commission' in section 17 (
SEC. 9. PROHIBITION ON STOCKPILING UNDER OTHER COMMISSION-ENFORCED STATUTES.
Section 9(g)(2) (
(1) by inserting `or to which a rule under any other law enforced by the Commission applies,' after `applies,'; and CommentsClose CommentsPermalink
(2) by striking `consumer product safety' the second, third, and fourth places it appears. CommentsClose CommentsPermalink
SEC. 10. THIRD PARTY CERTIFICATION OF CHILDREN'S PRODUCTS.
(a) IN GENERAL- Section 14(a) (
(1) by redesignating paragraph (2) as paragraph (5) and indenting the margin of such paragraph, as so redesignated, 2 ems from the left margin;(2) by resetting paragraph (1) as a new paragraph indented 2 ems from the left margin;(3; CommentsClose CommentsPermalink
(2) by striking `Every manufacturer' in paragraph (1) and inserting `Except as provided in paragraph (2), every manufacturer'; CommentsClose CommentsPermalink
(43) by designating the second and third sentences of subsection (a) as paragraphs (3) and (4), respectively, and indenting the margin of such paragraphs, as so designated, 2 ems from the left margin;(5; CommentsClose CommentsPermalink
(4) by inserting after paragraph (1) the following: CommentsClose CommentsPermalink
`(2) Every manufacturer of a children's product (and the private labeler of such product if it bears a private label) which is subject to a consumer product safety standard under this Act, or a rule under this or any other Act enforced by the Commission declaring a consumer product a banned hazardous product, shall-- CommentsClose CommentsPermalink
`(A) have the product tested by a nongovernmental independent third party laboratory qualified to perform such tests or testing programs; and CommentsClose CommentsPermalink
`(B) issue a certification which shall-- CommentsClose CommentsPermalink
`(i) certify that such product conforms to such consumer product safety standard or is not a banned hazardous product under such rule; and CommentsClose CommentsPermalink
`(ii) specify the consumer product safety standard or suchapplicable consumer product safety standard or rule.'; CommentsClose CommentsPermalink
(6) by striking `Such certificate shall' in paragraph (3) as redesignated by paragraph (1) and inserting `A certificate required under this subsection shall'; and CommentsClose CommentsPermalink
(7) in paragraph (5), as redesignated by paragraph (1)-- CommentsClose CommentsPermalink
(A) by striking `required by paragraph (1) of this subsection,' and inserting `required by paragraph (1) or (2) (as the case may be),'; and CommentsClose CommentsPermalink
(B) by striking `requirement under paragraph (1)' and inserting `requirement under paragraph (1) or (2) (as the case may be)'. CommentsClose CommentsPermalink
(b) Section 14(b) (
(1) by resetting paragraph (1) an indented paragraph 2 ems from the left margininserting `(1)' before the first sentence; CommentsClose CommentsPermalink
(2) by designating the second sentence as paragraph (2) and indenting the margin of such paragraph, as so designated, 2 ems from the left margin; and CommentsClose CommentsPermalink
(3) in paragraph (2), as so designated, by striking `Any test or' and inserting `Except as provided in paragraph (3subsection (a)(2), any test or'. CommentsClose CommentsPermalink
(c) Definition of ADVERTISING, LABELING, AND PACKAGING REPRESENTATION- Section 14(c) (
(1) by striking `(c) The' and inserting `(c)(1) The'; CommentsClose CommentsPermalink
(2) by striking `rule)--' and inserting `rule):'; CommentsClose CommentsPermalink
(3) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; CommentsClose CommentsPermalink
(4) by indenting the sentence beginning `Such labels' and inserting `(2)' before `Such labels'; and CommentsClose CommentsPermalink
(5) by adding at the end thereof the following: CommentsClose CommentsPermalink
`(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 requirements of that standard.'. CommentsClose CommentsPermalink
(d) Children's Products and; Testing by Independent Third PartyLaboratories; Certification- Section 14 (
`(d) Application to Other Consumer Products; Certifier Standards; Audit- CommentsClose CommentsPermalink
`(1) In general- The Commission--`(A) as soon as practicableN GENERAL- The Commission-- CommentsClose CommentsPermalink
`(A) within 1 year after the date of enactment of the CPSC Reform Act of 2007 shall by rule-- CommentsClose CommentsPermalink
`(i) establish protocols and standards-- CommentsClose CommentsPermalink
`(I) for credentialing independent third parties qualified to perform tests or testing programacceptance of certification or continuing guarantees of compliance by manufacturers under this section; and CommentsClose CommentsPermalink
`(II) for verifying that products tested by such independent third parties comply with consumer product safety standards and with applicable product standards undery laboratories comply with applicable standards under this Act and other Acts enforced by the Commission; CommentsClose CommentsPermalink
`(ii) prescribe eligibility, inspection, and certification standards for independentaccreditation of third party entities engagedlaboratories, 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; CommentsClose CommentsPermalink
`(iii) establish requirements for testing, no less frequently than biennially, 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 section to determine whether they meet the requirements for certification; CommentsClose CommentsPermalink
`(iv) establish requirements for periodic audits of such entities by the Governmental Accountability Office or a nongovernmental auditing organizathird party laboratories by an independent standard-setting organization as a condition for accreditation of such laboratories under this section; and CommentsClose CommentsPermalink
`(v) establish a program by which manufacturers may label products as compliant with the certification requirements of subsection (a)(2); and CommentsClose CommentsPermalink
`(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) EFFECTIVE DATE OF REQUIREMENTS- The certification and testing requirements of subsection (a)(2) of this section, as amended by the. CommentsClose CommentsPermalink
`(2) INTERIM PROCEDURE- Within 30 days after the date of enactment of the CPSC Reform Act of 2007, shall take effect 30 days after the date of enactment of that Act and shall apply without regard to whether the Commission has issued guidance or a rule under paragraph (1)(A) of this subsection.'the Commission shall-- CommentsClose CommentsPermalink
`(A) consider existing laboratory testing certification procedures established by independent standard-setting organizations; and CommentsClose CommentsPermalink
`(B) designate an existing procedure for manufacturers of children's products to follow until the Commission issues a final rule under paragraph (1)(A). CommentsClose CommentsPermalink
`(e) Definitions- In this section: CommentsClose CommentsPermalink
`(1) CHILDREN'S PRODUCT- The term `children's product' means a product (other than a medication, drug, or food) designed or intended for use by, or care of, a child under 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 under 7 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) The context and manner of the advertising, promotion, and marketing associated with the product. CommentsClose CommentsPermalink
`(C) Whether the product is commonly recognized by consumers as being intended for use by a child under 7 years of age or younger. CommentsClose CommentsPermalink
`(D) The Age Determination Guideline issued by the Consumer Product Safety Commission in September 2002 and any subsequent version of such Guideline. CommentsClose CommentsPermalink
`(2) INDEPENDENT THIRD PARTY LABORATORY- CommentsClose CommentsPermalink
`(A) IN GENERAL- The term `independent third party', with respect to laboratory' means a testing entity, means an independent that-- CommentsClose CommentsPermalink
`(i) is designated by the Commission, or by an independent standard-setting organization to which the Commission delegates the authority to make such a designation, as a testing entity that is physically separate from any manufacturer or private labeler whose product will be tested by such entity, andlaboratory that is competent to test products for compliance with applicable safety standards under this Act and other Acts enforced by the Commission; and CommentsClose CommentsPermalink
`(ii) except as provided in subparagraph (B), is a non-governmental entity that is not owned, managed, controlled, or directed by such manufacturer or private labeler.'.(dthe manufacturer or private labeler. CommentsClose CommentsPermalink
`(B) EXCEPTION FOR PROPRIETARY LABORATORIES- Upon request, the Commission may certify a laboratory that is owned, managed, controlled, or directed by the manufacturer or private labeler as a third party laboratory if the Commission-- CommentsClose CommentsPermalink
`(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; CommentsClose CommentsPermalink
`(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 CommentsClose CommentsPermalink
`(iii) establishes procedures for confidential reporting of allegations of undue influence to the Commission. CommentsClose CommentsPermalink
`(C) DECERTIFICATION- The Commission, or an independent standard-setting organization to which the Commission has delegated such authority, may decertify a third party laboratory if it finds, after notice and investigation, that a manufacturer or private labeler has exerted undue influence on the laboratory.'. CommentsClose CommentsPermalink
(e) Label and Certification- Not later than 1 year after the date of the 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 (
(ef) PROHIBITION ON IMPORTS OF CHILDREN'S PRODUCTS WITHOUT THIRD PARTY TESTING CERTIFICATION- Section 17(a) (
(1) by striking `or' at the end of paragraph (4); CommentsClose CommentsPermalink
(2) by striking `(g).' in paragraph (5) and inserting a `(g); or'; and CommentsClose CommentsPermalink
(3) by adding at the end the following: CommentsClose CommentsPermalink
`(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 an independent third party as required by section 14(a)(2).'. 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 Act (
(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and CommentsClose CommentsPermalink
(2) by inserting after subsection (b) the following: CommentsClose CommentsPermalink
`(c) Internet, Catalogue, and Other Advertising- CommentsClose CommentsPermalink
`(1) REQUIREMENT- CommentsClose CommentsPermalink
`(A) CAUTIONARY STATEMENT- Any advertisement 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 on Internet websites or in catalogues or other distributed materials, shall include the appropriate cautionary statement required under such subsections in its entirety displayed on or immediately adjacent to such advertisement. CommentsClose CommentsPermalink
`(B) DISPLAY- The cautionary statement described in subparagraph (A) shall be prominently displayed-- CommentsClose CommentsPermalink
`(i) in the primary language used in the advertisement, catalogue, or Internet website; CommentsClose CommentsPermalink
`(ii) in conspicuous and legible type in contrast by typography, layout, or color with other material printed or displayed in such advertisement; and CommentsClose CommentsPermalink
`(iii) in a manner consistent with part 1500 of title 16, Code of Federal Regulations. CommentsClose CommentsPermalink
`(C) DEFINITIONS- In this paragraph, the terms `manufacturer, retailer, distributor, private labeler, and licensor'-- CommentsClose CommentsPermalink
`(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 CommentsClose CommentsPermalink
`(ii) do not include an individual whose selling activity is intermittent and does not constitute a trade or business. CommentsClose CommentsPermalink
`(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 (
(b) Tracking Labels for Products for Children- Section 14(a) of the Consumer Product Safety Act (
`(6) 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 orand its packaging, to the extent practicable, that will enable the ultimate purchaser to ascertain the source, date, and cohort (including the batch, run number, or other identifying characteristic) of production of the product by reference to those marks.'. CommentsClose CommentsPermalink
SEC. 12. SUBSTANTIAL PRODUCT HAZARD REPORTING REQUIREMENT.
Section 15(b) (
(1) by striking `consumer product distributed in commerce,' and inserting `consumer product (or other product or substance over which the Commission has jurisdiction under this or any other Act) distributed in commerce,'; CommentsClose CommentsPermalink
(2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and CommentsClose CommentsPermalink
(3) 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;'. CommentsClose CommentsPermalink
SEC. 13. CORRECTIVE ACTION PLANS.
Section 15(d) (
(1) by inserting `(1)' after `Action Plan- (d)'; CommentsClose CommentsPermalink
(2) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C); CommentsClose CommentsPermalink
(3) by striking `more (A)' in subparagraph (C), as redesignated, and inserting `more (i)'; CommentsClose CommentsPermalink
(4) by striking `or (B)' in subparagraph (C), as redesignated, and inserting `or (ii)'; CommentsClose CommentsPermalink
(5) 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
(6) by indenting the sentence beginning `An order' and inserting `(2)' before `An order'; CommentsClose CommentsPermalink
(7) by striking `satisfactory to the Commission,' and inserting `for approval by the Commission,'; CommentsClose CommentsPermalink
and(8 (8) by striking `described in paragraph (3).' and inserting `described in paragraph (1)(C).'; and CommentsClose CommentsPermalink
(9) 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, retailer, or distributor is not executing an approved action plan effectively, the Commission may by order amend, or require amendment of, the action plan. 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. Upon receipt of notice of a revocation of the action plan, tThe manufacturer, retailer, or distributor shall cease further distribution in commerce ofto which the action plan applies may not distribute the product to which the action plan appliesrelates in commerce after receipt of notice of a revocation of the action plan.'. CommentsClose CommentsPermalink
SEC. 14. IDENTIFICATION OF MANUFACTURER BY IMPORTERS, RETAILERS, AND DISTRIBUTORS.
Section 16 (
`(c) 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; and CommentsClose 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 it 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 or such product or substance; and CommentsClose CommentsPermalink
`(C) each subcontractor from which it obtained a component thereof.'. CommentsClose CommentsPermalink
SEC. 15. REPEATED IMPORTATION OFFENSES.
Section 17 (
`(i) The Commission may--`(1(1) The Commission may-- CommentsClose CommentsPermalink
`(A) designate as a repeat offender, after notice and an opportunity for a hearing, any personcustoms broker found by the Commission to have committedaided and abetted the importation of a consumer product in violation of subsection (a) on multiple violations of subsection (a); and`(2) refer any such personoccasions (disregarding de minimus violations thereof); and CommentsClose CommentsPermalink
`(B) refer any such customs broker to United States Customs and Border Protection with a recommendation that the person's importits customs broker license be terminatrevoked in accordance with that agency's procedures. CommentsClose CommentsPermalink
`(2) The United States Customs and Border Protection shall revoke the customs broker license of any customs broker referred to it under paragraph (1)(B).'. CommentsClose CommentsPermalink
SEC. 16. PROHIBITED ACTS.
(a) SALE OF RECALLED PRODUCTS- Section 19(a) (
(1) by striking paragraph (1) 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-- CommentsClose CommentsPermalink
`(A) not in conformity with an applicable consumer product safety standard under this Act, or any similar rule under any such other Act; 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 if the seller, distributor, or manufacturer knew or should have known of such voluntary corrective action; or CommentsClose CommentsPermalink
`(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 (
(2) by striking `or' after the semicolon in paragraph (7); CommentsClose CommentsPermalink
(3) by striking `and' after the semicolon in paragraph (8); CommentsClose CommentsPermalink
(4) by striking `insulation).' in paragraph (9) and inserting `insulation);'; and CommentsClose CommentsPermalink
(5) by striking `18(b).' in paragraph (10) and inserting `18(b); or'. CommentsClose CommentsPermalink
(b) Export of Recalled Products- CommentsClose CommentsPermalink
(1) IN GENERAL- Section 18 (
`(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-- CommentsClose CommentsPermalink
`(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;`(2) is subject to an order and does not violate applicable safety standards established by the importing country; CommentsClose CommentsPermalink
`(2) is subject to an order issued under section 12 or 15 of this Act or designated as a banned hazardous substance under the Federal Hazardous Substances Act (
`(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 or anAct or any other Act enforced by the Commission if voluntary corrective action had not been taken by the manufacturer.'.(2), except that the Commission may permit such a product to be exported if it meets applicable safety standards established by the importing country.'. CommentsClose CommentsPermalink
(2) PENALTY- Section 19(a) (
(A) by striking `or' after the semicolon in paragraph (10); CommentsClose CommentsPermalink
(B) by striking `37.' in paragraph (11) and inserting `37; or'; and CommentsClose CommentsPermalink
(C) by adding at the end thereof the following: CommentsClose CommentsPermalink
`(12) violate an order of the Commission under section 18(c).'. CommentsClose CommentsPermalink
(3) CONFORMING AMENDMENTS TO OTHER ACTS- CommentsClose CommentsPermalink
(A) FEDERAL HAZARDOUS SUBSTANCES ACT- Section 5(b)(3) of the Federal Hazardous Substances Act (
(B) FLAMMABLE FABRICS ACT- Section 15 of the Flammable Fabrics Act (
`(d) Notwithstanding any other provision of law, 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-- CommentsClose CommentsPermalink
`(1) is not in conformity with an applicable consumer product safety standard under the Consumer Product Safety Act or with a rule under this Act; CommentsClose CommentsPermalink
`(2) is subject to an order issued under section 12 or 15 of thate Consumer Product Safety Act or designated as a banned hazardous substance under the Federal Hazardous Substances Act (
`(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 or another Act enforced by the Commission if voluntary corrective action had not been taken by the manufacturer.'. CommentsClose CommentsPermalink
(c) FALSE CERTIFICATION OF COMPLIANCE WITH TESTING LABORATORY STANDARD- Section 19(a) (
(1) by striking `or' after the semicolon in paragraph (11); CommentsClose CommentsPermalink
(2) by striking `18(c).' in paragraph (12) and inserting `18(c); or'; and CommentsClose CommentsPermalink
(3) by adding at the end thereof the following: CommentsClose CommentsPermalink
`(13) sell, offer for sale, distribute in commerce, or import into the United States any consumer product bearing a false certification mark of compliance with a safety standard established by a nationally recognized testing laboratory if such person knew or should have known that the certification mark was false.'. CommentsClose CommentsPermalink
(d) MISREPRESENTATION OF INFORMATION IN INVESTIGATION- Section 19(a) (
(1) by striking `or' after the semicolon in paragraph (12); CommentsClose CommentsPermalink
(2) by striking `laboratoryfalse.' in paragraph (13) and inserting `laboratoryfalse; or'; and CommentsClose CommentsPermalink
(3) by adding at the end thereof the following: CommentsClose CommentsPermalink
`(14) to misrepresent to any officer or employee of the Commission the scope of consumer products subject to an action required under section 12 or subsection (c) or (d) of section 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.'. CommentsClose CommentsPermalink
(e) CERTIFICATES OF COMPLIANCE WITH MANDATORY STANDARDS- Section 19(a)(6) (
`(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);'. CommentsClose CommentsPermalink
(f) UNDUE INFLUENCE ON THIRD PARTY LABORATORIES- Section 19(a) (
(1) by striking `or' after the semicolon in paragraph (13); CommentsClose CommentsPermalink
(2) by striking `Commission.' in paragraph (14) and inserting `Commission; or'; and CommentsClose CommentsPermalink
(3) by adding at the end thereof the following: CommentsClose CommentsPermalink
`(15) exercise, or attempt to exercise, undue influence on a third party laboratory (as defined in section 14(e)(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.'. CommentsClose CommentsPermalink
SEC. 17. PENALTIES.
(a) Civil Penalties- CommentsClose CommentsPermalink
(1) IN GENERAL- Section 20(a) (
(A) by striking `$5,000' and inserting `$250,000'; CommentsClose CommentsPermalink
(B) by striking `$1,250,000' each place it appears and inserting `$100,000,000'; and CommentsClose CommentsPermalink
(3C) by striking `December 31, 1994,' in paragraph (3)(B) and inserting `December 31, 2011,'.(2)1, 2011,'. CommentsClose CommentsPermalink
(2) FEDERAL HAZARDOUS SUBSTANCES ACT- Section 15(c) of the Federal Hazardous Substances Act (
(A) by striking `$5,000' in paragraph (1) and inserting `$250,000'; CommentsClose CommentsPermalink
(B) by striking `$1,250,000' each place it appears in paragraph (1) and inserting `$100,000,000'; and CommentsClose CommentsPermalink
(3C) by striking `December 31, 1994,' in paragraph (6)(B) and inserting `December 31, 2011,'.(3)1, 2011,'. CommentsClose CommentsPermalink
(3) FLAMMABLE FABRICS ACT- Section 5(e) of the Flammable Fabrics Act (
(A) by striking `$5,000' in paragraph (1) and inserting `$250,000'; CommentsClose CommentsPermalink
(B) by striking `$1,250,000' in paragraph (1) and inserting `$100,000,000'; and CommentsClose CommentsPermalink
(3C) by striking `December 31, 1994,' in paragraph (5)(B) and inserting `December 31, 2011,'.(b)1, 2011,'. CommentsClose CommentsPermalink
(b) Criminal Penalties- CommentsClose CommentsPermalink
(1) IN GENERAL- Section 21(a) (
`(a) Violation of section 19 of this Act is punishable by-- CommentsClose CommentsPermalink
`(1) imprisonment for not more than-- CommentsClose CommentsPermalink
`(A) 1 year for a knowing violation of that section, or`(2) imprisonment for not more than; or CommentsClose CommentsPermalink
`(B) 5 years for a knowing and willful violation of that section, and`(3; and CommentsClose CommentsPermalink
`(2) a fine determined under
(2) DIRECTORS, OFFICERS, AND AGENTS- Section 21(b) (
(A) by striking `and willfully'; and CommentsClose CommentsPermalink
(B) by striking `19, and who has knowledge of notice of noncompliance received by the corporation from the Commission,' and inserting `19'. CommentsClose CommentsPermalink
(3) UNDER THE FEDERAL HAZARDOUS SUBSTANCES ACT- Section 5(a) of the Federal Hazardous Substances Act (
`(a) IN GENERAL- Violation of section 4 of this Act is punishable by-- CommentsClose CommentsPermalink
`(1) imprisonment for not more than-- CommentsClose CommentsPermalink
`(A) 1 year for a knowing violation of that section;`(2 or CommentsClose CommentsPermalink
`(B) 5 years for a knowing and willful violation of that section; and CommentsClose CommentsPermalink
`(2) a fine determined under
(4) UNDER THE FLAMMABLE FABRICS ACT- Section 7 of the Flammable Fabrics Act (
`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-- CommentsClose CommentsPermalink
`(A) 1 year for a knowing violation of that section; or CommentsClose CommentsPermalink
`(B) 5 years for a knowing and willful violation of that section; and CommentsClose CommentsPermalink
`(32) a fine determined under
(c) CIVIL PENALTY CRITERIA- Within a1 year after the date of enactment of this Act, the Consumer Product Safety Commission shall initiate a rulemaking in accordance with
(d) CRIMINAL PENALTIES TO INCLUDE ASSET FORFEITURE- Section 21 (
`(c)(1) In addition to the penalty provided by subsection ies 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' means a violation of this Act of any other Act enforced by the Commission for which the violator is sentenced to pay a fine, be imprisoned, or both.'. CommentsClose CommentsPermalink
SEC. 18. PREEMPTION.
(a) IN GENERAL- Section 26EFFECT OF RULES AND POLICY STATEMENTS ON PREEMPTION- The provisions of sections 25 and 26 of the Consumer Product Safety Act (
(b) CLARIFICATION OF PREEMPTION- The provisions of sections 25 and 26 of the Consumer Product Safety Act (
SEC. 19. SHARING OF INFORMATION WITH FEDERAL, STATE, LOCAL, AND FOREIGN GOVERNMENT AGENCIES.
Section 29 (
`(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-- 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; or CommentsClose 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; and CommentsClose CommentsPermalink
`(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)). CommentsClose CommentsPermalink
`(2)(A) Except as provided in subparagraph (B Except as provided in paragraph (3) of this paragraph, the Commission shall not be required to disclose under subsection, the Commission shall not be required to disclose under
`(iA) 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
`(iiB) any material reflecting a consumer complaint obtained from any other foreign source, if thate foreign source supplying the material has requested confidential treatment as a condition of providing the material; or CommentsClose CommentsPermalink
`(iiiC) any material reflecting a consumer complaint submitted to a Commission reporting mechanism sponsored in part by foreign government agencies. CommentsClose CommentsPermalink
`(B3) 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. CommentsClose CommentsPermalink
`(3) 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. CommentsClose CommentsPermalink
`(5) 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 constituted by and comprised of foreign states, that is vested with law enforcement or investigative authority in civil, criminal, or administrative matters; and CommentsClose CommentsPermalink
`(B) any multinational organization, to the extent that it is acting on behalf of an entity described in subparagraph (A).'. CommentsClose CommentsPermalink
SEC. 20. BONDING.
(a) IN GENERAL- The Act (
`BOND AUTHORITY
`SEC. 39. (a) The Commission, in a rulemaking proceeding, may require manufacturers or distributors of a consumer product, a category or class of consumer products, or any product or substance regulated under any other law enforced by the Commission, to postthe posting of a bond (or other security acceptable to the Commission) by-- CommentsClose CommentsPermalink
`(1) a person that has committed multiple significant violations of this Act or any rule or Act enforced by the Commission; CommentsClose CommentsPermalink
`(2) the manufacturer or distributor of a category or class of consumer products; or CommentsClose CommentsPermalink
`(3) the manufacturer or distributor of any consumer product or any product or substance regulated under any other Act enforced by the Commission. CommentsClose CommentsPermalink
`(b) AMOUNT- The bond or other security required by the Commission under subsection (a) shall be in an amount sufficient-- CommentsClose CommentsPermalink
`(1) to cover the costs of an effective recall of the product or substance, or,; or CommentsClose CommentsPermalink
`(2) in the case of an imported product or substance, to cover the costs of holding the product or substance at the port 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.'. CommentsClose CommentsPermalink
(b) Conforming Amendments- CommentsClose CommentsPermalink
(1) The table of contents is amended by striking the item relating to section 10 and inserting the following: CommentsClose CommentsPermalink
`Sec. 10. [Repealed].'. CommentsClose CommentsPermalink
(2) The table of contents is amended by inserting after the item relating to section 34 the following: CommentsClose CommentsPermalink
`Sec. 35. Interim cellulose insulation safety standard. CommentsClose CommentsPermalink
`Sec. 36. Congressional veto of consumer product safety rules. CommentsClose CommentsPermalink
`Sec. 37. Information reporting. CommentsClose CommentsPermalink
`Sec. 38. Low-speed electric bicycles. CommentsClose CommentsPermalink
`Sec. 39. Bonding authority.'. CommentsClose CommentsPermalink
SEC. 21. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
(a) IN GENERAL- The Act (
`ENFORCEMENT BY STATE ATTORNEYS GENERAL
`SEC. 26A. (a) Except as provided in subsection (f), a State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate State or district court of the United States to enforce the provisions of this Act or any other Act enforced by the Commission, to obtain damages, restitution, or other compensation on behalf of such residents, or to obtain such further and other relief as the court may deem appropriate,penalties and relief provided under such Acts whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a manufacturer, distributor, or retailer entity that violates this Act or a regulation under this Act. CommentsClose CommentsPermalink
`(b) The State shall serve written notice to the Commission of any civil action under subsection (a) at least 60 days prior to initiating such civil action. The notice shall include 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 such notice immediately upon instituting such civil action. CommentsClose CommentsPermalink
`(c) Upon receiving the notice required by subsection (b), the Commission may intervene in such civil action and upon intervening-- CommentsClose CommentsPermalink
`(1) be heard on all matters arising in such civil action; and CommentsClose CommentsPermalink
`(2) file petitions for appeal of a decision in such civil action. CommentsClose CommentsPermalink
`(d) For purposes of bringing any civil action under subsection (a), nothing in this section shallNothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. CommentsClose CommentsPermalink
`(e) In a civil action brought under subsection (a)-- CommentsClose CommentsPermalink
`(1) the venue shall be a judicial district in which-- CommentsClose CommentsPermalink
`(A) the manufacturer, distributor, or retailer operates; or CommentsClose CommentsPermalink
`(B) the manufacturer, distributor, or retailer wais authorized to do business; CommentsClose CommentsPermalink
`(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 CommentsClose CommentsPermalink
`(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. CommentsClose CommentsPermalink
`(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 subsection 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. CommentsClose CommentsPermalink
`(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.'. CommentsClose CommentsPermalink
(b) CONFORMING AMENDMENT- The table of contents is amended by inserting after the item relating to section 26 the following: CommentsClose CommentsPermalink
`Sec. 26A. Enforcement by state attorneys general.'. CommentsClose CommentsPermalink
SEC. 22. WHISTLEBLOWER PROTECTION FOR MANUFACTURERS' EMPLOYEES.S.
(a) IN GENERAL- The Act (
`WHISTLEBLOWER PROTECTION
FOR MANUFACTURERS' EMPLOYEES`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 or alleged violation of any order, regulation, or consumer product safety standard under this Act or any other law enforceable by the Commissiond by the Commission (or by the attorney general of a State under section 21); CommentsClose CommentsPermalink
`(2) testified or is about to testify in such a proceeding; CommentsClose CommentsPermalink
or`(3) assisted or participated or is about to assist or participate in such a proceeding; or CommentsClose 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 applicable law or to be a substantial and specific danger to public health or safety. CommentsClose CommentsPermalink
`(b)(1) If the Commission, or the attorney general of a State, proceeds with an action against a manufacturer, private labeler, distributor, or retailer for a violation of this Act or any other Act enforced by the Commission, on the basis of information provided by such an employee, the employee shall receive at least 15 percent but not more than 25 percent of any civil penalty assessed and collected by the Commission, or attorney general, for the violation, depending upon the extent to which the information provided by the employee substantially contributed to the enforcement action, as determined by the Commission. CommentsClose CommentsPermalink
`(2) If the Commission's action is based primarily on disclosures of specific information (other than information provided by the employee) relating to allegations or transactions in a criminal, civil, or administrative hearing, in a congressional, administrative, or Government Accountability Office report, hearing, audit, or investigation, or from the news media, the Commission may award such sums as it considers appropriate to the employee, but in no case more than 10 percent of the civil penalty assessed and collected, taking into account the significance of the information and the role of the employee. CommentsClose CommentsPermalink
`(3) In the case of an action brought by the attorney general of a State under section 21, the amount of any civil penalty to which such an employee may be entitled shall be determined by the Commission, subject to the limitations in paragraph (1) and (2), in consultation with the attorney general that brought the action. CommentsClose CommentsPermalink
`(c)(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 90 days after the 1 year after the date on which such violation occurs, file (or have any person file on his or her behalf) a complaint with the CommissionSecretary of Labor alleging such discharge or discrimination and identifying the person responsible for such act. Upon receipt of such a complaint, the CommissionSecretary 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 person complainant and the person named in the complaint an opportunity to submit to the Commission a Secretary a written response to the complaint and an opportunity to meet with a representative of the CommissionSecretary to present statements from witnesses, the CommissionSecretary shall conductinitiate 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 CommissionSecretary's findings. If the Commission Secretary concludes that there is a reasonable cause to believe that a violation of subsection (a) has occurred, the Commission shall accompany the CommissionSecretary 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 CommissionSecretary 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 CommissionSecretary 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 CommissionSecretary 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 Commission shallSecretary 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 Commission, theSecretary, 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 CommissionSecretary determines that a violation of subsection (a) has occurred, the CommissionSecretary 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 the compensation (including back pay) and restore the terms, conditions, and privileges associated with his or her employment; and CommentsClose CommentsPermalink
`(iii) to provide compensatory damages to the complainant. CommentsClose CommentsPermalink
If such an order is issued under this paragraph, the CommissionSecretary, 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 CommissionSecretary, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued. CommentsClose CommentsPermalink
`(C) If the CommissionSecretary finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Commission maySecretary may award to the prevailing employer a reasonable attorney'ss' fee, not exceeding $1,000, to be paid by the complainant. CommentsClose CommentsPermalink
`(4) If the Secretary has not issued a final decision within 180 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 appropriate relief to the employee available by law or equity, including injunctive relief, compensatory and consequential damages, reasonable attorneys and expert witness fees, court costs, and punitive damages up to $250,000. CommentsClose CommentsPermalink
`(5)(A) 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 CommissionSecretary. 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 CommissionSecretary 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
`(56) Whenever any person has failed to comply with an order issued under paragraph (3), the CommissionSecretary 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
`(67)(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
`(d) Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under
`(e) 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 enforceable by the Commissd by the Commission.'. CommentsClose CommentsPermalink
(b) CONFORMING AMENDMENT- The table of contents, as amended by section 21 of this Act, is further amended by inserting after the item relating to section 39 the following: CommentsClose CommentsPermalink
`Sec. 40. Whistleblower protection.'. CommentsClose CommentsPermalink
SEC. 23. BAN ON CHILDREN'S PRODUCTS CONTAINING LEAD; LEAD PAINT RULE.
(a) IN GENERAL- Beginning on the date that is 180 days after the date of the enactment of this Act-- CommentsClose CommentsPermalink
(1) any children's product (as defined in section 14(e) of the Consumer Product Safety Act (
(2) the prohibitions contained in section 4 of such Act (
(b) TRACE AMOUNTS OF LEAD- For purposes of subsection (a), a children's product shall be considered to contain lead if-- CommentsClose CommentsPermalink
(1) in the case of a children's product that is jewelry, any part of the product contains lead or lead compounds and the lead content of such part (calculated as lead metal) is greater than 0.02 percent by weight of the total weight of such part (or such lesser amount as may be established by the Commission by regulation); or CommentsClose CommentsPermalink
(2) in the case of a children's product that is not jewelry, any part of the product contains lead or lead compounds and the lead content of such part (calculated as lead metal) is greater than 0.04 percent by weight of the total weight of such part (or such lesser amount as may be established by the Commission by regulation). CommentsClose CommentsPermalink
(c) 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 shall take effect, the Commission shall, by regulation-- CommentsClose CommentsPermalink
(A) issue standards to reduce the exposure of and accessibility to lead in such electronic devices; and CommentsClose CommentsPermalink
(B) establish a schedule by which such electronic devices shall be in full compliance with the regulations prescribed under subsection (a). CommentsClose CommentsPermalink
(d) REGULATIONS- On the day after the date of enactment of this Act, the Commission shall initiate a rulemaking proceeding to determine whether thresholds lower than those described in subsection (b) should be prescribed for children's products. If the Commission makes such a determination, the Commission shall promulgate regulations establishing lower thresholds in lieu of the thresholds established in subsection (b). CommentsClose CommentsPermalink
(e) PAINT STANDARD FOR ALL PRODUCTS- Within 30 days after the date of enactment of this Act, the Consumer Product Safety 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. CommentsClose CommentsPermalink
SEC. 24. ALTERNATIVE MEASURES OF LEAD CONTENT.
The Consumer Product Safety Commission, in cooperation with the National Academy of Sciences and 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 Environmental 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. CommentsClose CommentsPermalink
SEC. 25. 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 Consumer Product Safety Commission 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, and Asian/Pacific Islander children in the United States. CommentsClose CommentsPermalink
(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. CommentsClose CommentsPermalink
(c) REPORT- Not later than 1 year after the date of enactment of this Act, the Commission shall report its findings to the chairmen and ranking members of the Senate Commerce, Science, and Transportation Committee and the House of Representatives Energy and Commerce Committee. The report shall include-- CommentsClose CommentsPermalink
(1) the Commission's findings on the incidence of preventable risks of injury and death among children of minority populations and recommendations for minimizing such increased risks; CommentsClose CommentsPermalink
(2) recommendations for public outreach, awareness, and prevention campaigns specifically aimed at racial minority populations; and CommentsClose CommentsPermalink
(3) recommendations for education initiatives that may reduce current statistical disparities. CommentsClose CommentsPermalink
(d) AUTHORIZATION- There are authorized to be appropriated to the Commission $500,000 for purposes of carrying out this section for fiscal year 2008. CommentsClose CommentsPermalink
SEC. 26. COST-BENEFIT ANALYSIS UNDER THE POISON PREVENTION PACKAGING ACT OF 1970.
Section 3 of the Poison Prevention Packaging Act of 1970 (
`(e) Nothing in this Act 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.'. CommentsClose CommentsPermalink
SEC. 27. INSPECTOR GENERAL REPORTS.
(a) Implementation by the Commission- CommentsClose CommentsPermalink
(1) IN GENERAL- The Inspector General of the Consumer Product Safety Commission shall conduct reviews and audits of implementation of the Consumer Product Safety Act by the Commission, including-- CommentsClose CommentsPermalink
(A) an assessment of the ability of the Commission to enforce subsections (a)(2) and (d) of section 14 of the Act (
(B) an assessment of the ability of the Commission to enforce section 14(a)(6) of the Act (
(C) an audit of the Commission's capital improvement efforts, including construction of a new testing facility. CommentsClose CommentsPermalink
(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. CommentsClose CommentsPermalink
(b) Employee Complaints- CommentsClose CommentsPermalink
(1) IN GENERAL- Within 1 year after the date of enactment of this Act, the Inspector General shall conduct a review of-- CommentsClose CommentsPermalink
(A) complaints received by the Inspector General from employees of the Commission about violations of rules or regulations of the Consumer Product Safety Act or any other Act enforced by the Commission; and CommentsClose CommentsPermalink
(B) the process by which corrective action plans are negotiated with such employees by the Commission, including an assessment of the length of time for these negotiations and the effectiveness of the plans. CommentsClose CommentsPermalink
(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. CommentsClose CommentsPermalink
(c) Leaks- CommentsClose CommentsPermalink
(1) IN GENERAL- Within 1 year after the date of enactment of this Act, the Inspector General shall-- CommentsClose CommentsPermalink
(A) 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 not authorized to receive such information; and CommentsClose CommentsPermalink
(B) to the extent that such unauthorized and unlawful disclosures have occurred, determine-- CommentsClose CommentsPermalink
(i) what class or kind of information was most frequently involved in such disclosures; and CommentsClose CommentsPermalink
(ii) how frequently such disclosures have occurred. CommentsClose CommentsPermalink
(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. CommentsClose CommentsPermalink
SEC. 258. 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-- CommentsClose CommentsPermalink
(1) a direct link on the homepage of its Internet website to the Internet website of the Commission's Office of Inspector General; and CommentsClose CommentsPermalink
(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 Commission. CommentsClose CommentsPermalink
SEC. 29. CHILD-RESISTANT PORTABLE GASOLINE CONTAINERS.
(a) Consumer Product Safety Rule- 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 Product Safety Act (
(b) Revision of Rule- CommentsClose CommentsPermalink
(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 F2517-05-- CommentsClose CommentsPermalink
(A) ASTM International shall notify the Commission of the proposed revision; and CommentsClose CommentsPermalink
(B) the proposed revision shall be incorporated in the consumer product safety rule established by subsection (a). CommentsClose CommentsPermalink
(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. CommentsClose CommentsPermalink
(c) Implementing Regulations- With respect to the promulgation of any regulations by the Commission to implement the requirements of this section-- CommentsClose CommentsPermalink
(1)
(2) sections 7 and 9 of the Consumer Product Safety Act (
(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-- CommentsClose CommentsPermalink
(1) the degree of industry compliance with the consumer product safety rule established by subsection (a); CommentsClose CommentsPermalink
(2) any enforcement actions brought by the Commission to enforce such rule; and CommentsClose CommentsPermalink
(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)). CommentsClose CommentsPermalink
(e) Definitions- In this section: CommentsClose CommentsPermalink
(1) COMMISSION- The term `Commission' means the Consumer Product Safety Commission. CommentsClose CommentsPermalink
(2) PORTABLE GASOLINE CONTAINER- The term `portable gasoline container' means any portable gasoline container intended for use by consumers. CommentsClose CommentsPermalink
(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. CommentsClose CommentsPermalink
SEC. 30. 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 Safety Act (
(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 Safety Act (
SEC. 31. ALL-TERRAIN VEHICLE SAFETY STANDARD.
(a) IN GENERAL- The Act (
`ALL-TERRAIN VEHICLE SAFETY STANDARD
`SEC. 41. (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 of 2007 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 vehicle complies with each applicable provision of the standard; CommentsClose CommentsPermalink
`(B) the vehicle is subject to an ATV action plan filed with the Commission before January 1, 2008, 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; and CommentsClose CommentsPermalink
`(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 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- 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
`(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 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 rule 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) 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'. CommentsClose CommentsPermalink
`(2) CATEGORIES OF YOUTH ATVS- In the final rule, the Commission may provide for a multiple factor method of categorization that, at a minimum, takes into account-- CommentsClose CommentsPermalink
`(A) the weight of the vehicle; CommentsClose CommentsPermalink
`(B) the maximum speed of the vehicle; CommentsClose CommentsPermalink
`(C) the velocity at which a vehicle of a given weight is travelling at the maximum speed of the vehicle; CommentsClose CommentsPermalink
`(D) the age of children for whose operation the vehicle is designed or who may reasonably be expected to operate the vehicle; and CommentsClose CommentsPermalink
`(E) the average weight of children for whose operation the vehicle is designed or who may reasonably be expected to operate the vehicle. CommentsClose CommentsPermalink
`(e) DEFINITIONS- In this section: CommentsClose CommentsPermalink
`(1) ALL-TERRAIN VEHICLE OR ATV- The term `all-terrain vehicle' 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; but CommentsClose 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' 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 vehicles, 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 STUDY- The Comptroller General shall conduct a study of the utility, recreational, and other benefits of all-terrain vehicles to which section 38 of the Consumer Product Safety Act (
(c) CONFORMING AMENDMENT- The table of contents, as amended by section 22 of this Act, is further amended by inserting after the item relating to section 40 the following: CommentsClose CommentsPermalink
`Sec. 41. All-terrain vehicle safety standard.'. CommentsClose CommentsPermalink
(d) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect 90 days after the date enactment of enactment of this Act. CommentsClose CommentsPermalink
SEC. 32. GARAGE DOOR OPENER STANDARD.
Notwithstanding section 203(b) of the Consumer Product Safety Improvement Act of 1990 (
SEC. 33. 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. CommentsClose CommentsPermalink
(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-- CommentsClose CommentsPermalink
(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; CommentsClose CommentsPermalink
(2) identifies any specific challenges faced by non-English speaking populations with use of the current standards; and CommentsClose CommentsPermalink
(3) contains recommendations for improving the labels on charcoal briquettes. CommentsClose CommentsPermalink
SEC. 34. COMPLETION OF UPHOLSTERED FURNITURECIGARETTE LIGHTER RULEMAKING.
The Consumer Product Safety Commission shall issue a final rule in its proceedingmandating general safety standards for cigarette lighters in its proceedings entitled `Ignition of Upholstered Furniture by Small Open Flames and/or Smoldering Cigarettes' for which the Commission Safety Standard for cigarette Lighters' for which the Commission issued an advance notice of proposed rulemaking on October 23, 2003April 11, 2005 (68 Fed. Reg. 60630),11339) no later than June 1, 2008..AEMD23AF24 months after the date of enactment of this Act. CommentsClose CommentsPermalink
SEC. 35. CONSUMER PRODUCT REGISTRATION FORMS.
(a) Findings- Congress finds the following: CommentsClose CommentsPermalink
(1) Unintentional injuries are the leading cause of death among children, and for every such injury that is fatal, approximately 18 children are hospitalized and 1,250 are treated by emergency departments for such injuries that are nonfatal. CommentsClose CommentsPermalink
(2) According to the Consumer Product Safety Commission, an average of 50 children under the age of 5 die each year in incidents associated with nursery products, and about 16 of these deaths each year are associated with cribs. CommentsClose CommentsPermalink
(3) In 2003, an estimated 60,700 children under the age of 5 were treated in United States hospital emergency rooms for injuries associated with nursery products, and there were 10,700 injuries to children under the age of 5 years associated with strollers alone. CommentsClose CommentsPermalink
(4) Of the 397 recalls issued by the Consumer Product Safety Commission in fiscal year 2005, 109 (or 27 percent) were children's products. Children's products were recalled, on average, more than 2 times per week, and accounted for 19,635,627 individual units. CommentsClose CommentsPermalink
(b) Definitions- In this section: CommentsClose CommentsPermalink
(1) COMMISSION- The term `Commission' means the Consumer Product Safety Commission. CommentsClose CommentsPermalink
(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: CommentsClose CommentsPermalink
(A) Full-size cribs and nonfull-size cribs. CommentsClose CommentsPermalink
(B) Toddler beds. CommentsClose CommentsPermalink
(C) High chairs, booster chairs, and hook-on chairs. CommentsClose CommentsPermalink
(D) Bath seats. CommentsClose CommentsPermalink
(E) Gates and other enclosures for confining a child. CommentsClose CommentsPermalink
(F) Play yards. CommentsClose CommentsPermalink
(G) Stationary activity centers. CommentsClose CommentsPermalink
(H) Infant carriers. CommentsClose CommentsPermalink
(I) Strollers. CommentsClose CommentsPermalink
(J) Walkers. CommentsClose CommentsPermalink
(K) Swings. CommentsClose CommentsPermalink
(L) Bassinets and cradles. CommentsClose CommentsPermalink
(c) Consumer Product Registration Forms- CommentsClose CommentsPermalink
(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 (
(A) in accordance with paragraph (2), to provide consumers with postage-paid consumer registration forms with each such product; CommentsClose CommentsPermalink
(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 CommentsClose CommentsPermalink
(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. CommentsClose CommentsPermalink
(2) REQUIREMENTS FOR REGISTRATION FORMS- CommentsClose CommentsPermalink
(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). CommentsClose CommentsPermalink
(B) ELEMENTS- Such forms shall include the following: CommentsClose CommentsPermalink
(i) Spaces for a consumer to provide the following: CommentsClose CommentsPermalink
(I) The consumer's name. CommentsClose CommentsPermalink
(II) The consumer's postal address. CommentsClose CommentsPermalink
(III) The consumer's telephone number. CommentsClose CommentsPermalink
(IV) The consumer's e-mail address. CommentsClose CommentsPermalink
(ii) The manufacturer's name. CommentsClose CommentsPermalink
(iii) The model name and number for the product. CommentsClose CommentsPermalink
(iv) The date of manufacture of the product. CommentsClose CommentsPermalink
(v) A message that-- CommentsClose CommentsPermalink
(I) explains the purpose of the registration; and CommentsClose CommentsPermalink
(II) is designed to encourage consumers to complete the registration. CommentsClose CommentsPermalink
(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. CommentsClose CommentsPermalink
(vii) A message that explains the option to register via the Internet, as required by paragraph (4). CommentsClose CommentsPermalink
(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. CommentsClose CommentsPermalink
(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. CommentsClose CommentsPermalink
(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). CommentsClose CommentsPermalink
(5) RECORD KEEPING AND NOTIFICATION REQUIREMENTS- CommentsClose CommentsPermalink
(A) IN GENERAL- The rules promulgated under paragraph (1) shall require each manufacturer of a durable infant or toddler product-- CommentsClose CommentsPermalink
(i) to maintain a record of consumers who register for such product that includes all of the information provided by such consumers; and CommentsClose CommentsPermalink
(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. CommentsClose CommentsPermalink
(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. CommentsClose CommentsPermalink
(C) LIMITATION ON USE OF INFORMATION COLLECTED- The rules promulgated under paragraph (1) 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. CommentsClose CommentsPermalink
(D) RESERVATION- Nothing in this section requires a manufacturer to collect, retain, or use any information unless it is provided by the consumer. CommentsClose CommentsPermalink
(d) Report and Study- Not later than 4 years after the date of enactment of this Act, the Commission shall-- CommentsClose CommentsPermalink
(1) conduct a study on the effectiveness of the rules promulgated under subsection (c) in facilitating product recalls; and CommentsClose CommentsPermalink
(2) submit to Congress a report on the findings of the Commission with respect to the study required by paragraph (1). CommentsClose CommentsPermalink
Calendar No. 523CommentsClose CommentsPermalink
To reform the Consumer Product Safety Commission to provide greater protection for children's products, to improve the screening of noncompliant consumer products, to improve the effectiveness of consumer product recall programs, and for other purposes.CommentsClose CommentsPermalink
December 5, 2007
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- CISPA: SOPA's Meaner, Uglier Cousin, Will Kill Your Privacy May 15, 2012
- CISPA Rushed to Passage Apr 27, 2012
- With SOPA Shelved, Congress Readies its Next Attack on the Internet Feb 13, 2012
- Anti-Web Censorship Bill Protest from Our Perspective at OC Feb 08, 2012
Recent OC Blog Articles
- Yes, let's stride towards an open VCS for legislation (or, GitHub for laws on OC) May 23, 2012
- Contact Congress Today to #FreeTHOMAS May 17, 2012
- Yochai Benkler: Blueprint for Democratic Participation May 10, 2012
- New NDAA Would Give the Military Clandestine Cyberwar Powers May 08, 2012
- The Week Ahead in Congress May 07, 2012