U.S. Congress - Text of S.2663 as Placed on Calendar Senate CPSC Reform Act
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Donate NowS.2663 - CPSC Reform Act
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.
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S 2663 PCSCommentsClose 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
February 25, 2008
Mr. PRYOR (for himself, Mr. STEVENS, Mr. INOUYE, Ms. COLLINS, Mr. NELSON of Florida, Ms. KLOBUCHAR, Mr. DURBIN, and Mr. SCHUMER) introduced the following bill; which was read the first timeCommentsClose CommentsPermalink
February 26, 2008
Read the second time and placed on the calendarCommentsClose 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
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'.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. Prohibited acts.CommentsClose CommentsPermalink
Sec. 16. Penalties.CommentsClose CommentsPermalink
Sec. 17. Preemption.CommentsClose CommentsPermalink
Sec. 18. Sharing of information with Federal, State, local, and foreign government agencies.CommentsClose CommentsPermalink
Sec. 19. Financial responsibility.CommentsClose CommentsPermalink
Sec. 20. Enforcement by State attorneys general.CommentsClose CommentsPermalink
Sec. 21. Whistleblower protections.CommentsClose CommentsPermalink
Sec. 22. Ban on children's products containing lead; lead paint rule.CommentsClose CommentsPermalink
Sec. 23. Alternative measures of lead content.CommentsClose CommentsPermalink
Sec. 24. Study of preventable injuries and deaths of minority children related to certain consumer products.CommentsClose CommentsPermalink
Sec. 25. Cost-benefit analysis under the Poison Prevention Packaging Act of 1970.CommentsClose CommentsPermalink
Sec. 26. Inspector general reports.CommentsClose CommentsPermalink
Sec. 27. Public internet website links.CommentsClose CommentsPermalink
Sec. 28. Child-resistant portable gasoline containers.CommentsClose CommentsPermalink
Sec. 29. Toy safety standard.CommentsClose CommentsPermalink
Sec. 30. All-terrain vehicle safety standard.CommentsClose CommentsPermalink
Sec. 31. Garage door opener standard.CommentsClose CommentsPermalink
Sec. 32. Reducing deaths and injuries from carbon monoxide poisoning.CommentsClose CommentsPermalink
Sec. 33. Completion of cigarette lighter rulemaking.CommentsClose CommentsPermalink
Sec. 34. Consumer product registration forms.CommentsClose CommentsPermalink
Sec. 35. Repeal.CommentsClose CommentsPermalink
Sec. 36. Consumer Product Safety Commission presence at National Targeting Center of U.S. Customs and Border Protection.CommentsClose CommentsPermalink
Sec. 37. Development of risk assessment methodology to identify shipments of consumer products that are likely to contain consumer products in violation of safety standards.CommentsClose CommentsPermalink
Sec. 38. Seizure and destruction of imported products in violation of consumer product safety standards.CommentsClose CommentsPermalink
Sec. 39. Database of manufacturing facilities and suppliers involved in violations of consumer product safety standards..AEMD23AFCommentsClose 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 (e); andCommentsClose 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) $88,500,000 for fiscal year 2009;CommentsClose CommentsPermalink
`(2) $96,800,000 for fiscal year 2010;CommentsClose CommentsPermalink
`(3) $106,480,000 for fiscal year 2011;CommentsClose CommentsPermalink
`(4) $117,128,000 for fiscal year 2012;CommentsClose CommentsPermalink
`(5) $128,841,000 for fiscal year 2013;CommentsClose CommentsPermalink
`(6) $141,725,000 for fiscal year 2014; andCommentsClose CommentsPermalink
`(7) $155,900,000 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; andCommentsClose 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, construction, equipping, and making other necessary capital improvements to the Commission's research, development, and testing facility (including bringing the facility into compliance with applicable environmental, safety, and accessibility standards), $40,000,000 for fiscal years 2009 and 2010.CommentsClose CommentsPermalink
`(d) There are authorized to be appropriated to the Commission for research, in cooperation with the National Institute of Science and Technology, the Food and Drug Administration, and other relevant Federal agencies into safety issues related to the use of nanotechnology in consumer products, $1,000,000 for fiscal years 2009 and 2010.'.CommentsClose CommentsPermalink
SEC. 4. PERSONNEL.
(a) Professional 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
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); andCommentsClose 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
(2) by striking `30 days' in subsection (b)(1) and inserting `15 days';CommentsClose CommentsPermalink
(3) by striking `finds that the public' in subsection (b)(1) and inserting `publishes a finding that the public';CommentsClose CommentsPermalink
(4) by striking `notice and publishes such a finding in the Federal Register),' in subsection (b)(1) and inserting `notice),';CommentsClose CommentsPermalink
(5) by striking `10 days' in subsection (b)(2) and inserting `5 days';CommentsClose CommentsPermalink
(6) by striking `finds that the public' in subsection (b)(2) and inserting `publishes a finding that the public';CommentsClose CommentsPermalink
(7) by striking `notice and publishes such a finding in the Federal Register.' in subsection (b)(2) and inserting `notice.';CommentsClose CommentsPermalink
(8) in subsection (b)--CommentsClose CommentsPermalink
(A) by striking `(3)' and inserting `(3)(A)'; andCommentsClose CommentsPermalink
(B) by adding at the end thereof the following:CommentsClose CommentsPermalink
`(B) If the Commission determines that the public health and safety requires expedited consideration of an action brought under subparagraph (A), the Commission may file a request with the District Court for such expedited consideration. If the Commission files such a request, the District Court shall--CommentsClose CommentsPermalink
`(i) assign the matter for hearing at the earliest possible date;CommentsClose CommentsPermalink
`(ii) give precedence to the matter, to the greatest extent practicable, over all other matters pending on the docket of the court at the time;CommentsClose CommentsPermalink
`(iii) expedite consideration of the matter to the greatest extent practicable; andCommentsClose CommentsPermalink
`(iv) grant or deny the requested injunction within 30 days after the date on which the Commission's request was filed with the court.';CommentsClose CommentsPermalink
(9) by striking `section 19 (related to prohibited acts);' in subsection (b)(4) and inserting `any consumer product safety rule or provision of this Act or similar rule or provision of any other Act enforced by the Commission;';CommentsClose CommentsPermalink
(10) by striking `or' after the semicolon in subsection (b)(5)(B);CommentsClose CommentsPermalink
(11) by striking `disclosure.' in subsection (b)(5)(C) and inserting `disclosure; or';CommentsClose CommentsPermalink
(12) by inserting in subsection (b)(5) after subparagraph (C) the following:CommentsClose CommentsPermalink
`(D) the Commission publishes a finding that the public health and safety requires public disclosure with a lesser period of notice than is required under paragraph (1).';CommentsClose CommentsPermalink
(13) in the matter following subparagraph (D) of subsection (b)(5) (as added by paragraph (12) of this section), by striking `section 19(a),' and inserting `any consumer product safety rule or provision under this Act or similar rule or provision of any other Act enforced by the Commission,'; andCommentsClose CommentsPermalink
(14) by adding at the end of subsection (b) the following:CommentsClose CommentsPermalink
`(9) PUBLICLY AVAILABLE DATABASE OF REPORTED DEATHS, INJURIES, ILLNESS, AND RISK OF SUCH INCIDENTS-CommentsClose CommentsPermalink
`(A) IN GENERAL- Not later than 1 year after the date of enactment of the CPSC Reform Act, the Commission shall establish and maintain a publicly available searchable database accessible on the Commission's web site. The database shall include any reports of injuries, illness, death, or risk of such injury, illness, or death related to the use of consumer products received by the Commission from--CommentsClose CommentsPermalink
`(i) consumers;CommentsClose CommentsPermalink
`(ii) local, State, or Federal government agencies;CommentsClose CommentsPermalink
`(iii) health care professionals, including physicians, hospitals, and coroners;CommentsClose CommentsPermalink
`(iv) child service providers;CommentsClose CommentsPermalink
`(v) public safety entities, including police and fire fighters; andCommentsClose CommentsPermalink
`(vi) other non-governmental sources, other than information provided to the Commission by retailers, manufacturers, or private labelers pursuant to a voluntary or required submission under section 15 or other mandatory or voluntary program.CommentsClose CommentsPermalink
`(B) ADDITIONAL CONTENTS- In addition to the reports described in subparagraph (A), the Commission may include in the database any additional information it determines to be in the public interest.CommentsClose CommentsPermalink
`(C) ORGANIZATION OF DATABASE- The Commission shall categorize the information available on the database by date, product, manufacturer, the model of the product, and any other category the Commission determines to be in the public interest.CommentsClose CommentsPermalink
`(D) TIMING- The Commission shall make such reports available on the Commission website no later than 15 days after the date on which they are received.CommentsClose CommentsPermalink
`(E) REMOVAL OF INACCURATE OR INCORRECT INFORMATION- If the Commission determines, after investigation, that information made available on the database is incorrect the Commission shall promptly remove it from the database.CommentsClose CommentsPermalink
`(F) MANUFACTURER COMMENTS- A manufacturer, private labeler, or retailer shall be given an opportunity to comment on any information involving a product manufactured by that manufacturer, or distributed by that private labeler or retailer, as the case may be. Any such comments may be included in the database alongside the information involving such product if requested by the manufacturer, private labeler, or retailer.CommentsClose CommentsPermalink
`(G) DISCLOSURE- The Commission may not disclose the names or addresses of consumers pursuant to its authority under this subsection.CommentsClose CommentsPermalink
`(H) APPLICATION WITH OTHER PROVISIONS- Subsection (a) and the preceding paragraphs of this subsection do not apply to the public disclosure of information received by the Commission under subparagraph (A) of this paragraph.'.CommentsClose CommentsPermalink
SEC. 8. 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';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,'; andCommentsClose CommentsPermalink
(E) by striking `Register.' in the matter following paragraph (4) of subsection (c) and inserting `Register. Nothing in this subsection shall preclude any person from submitting an existing standard or portion of a standard as a proposed consumer product safety standard.'.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Section 5(a)(3) (
(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 of section 2(f)(1)(A).CommentsClose CommentsPermalink
`(2) PROCEDURE- Proceedings for the issuance, amendment, or repeal of regulations under this subsection and the admissibility of the record of such proceedings in other proceedings, shall be governed by the provisions of subsections (f) through (i) of this section.'.CommentsClose CommentsPermalink
(2) PROCEDURE- Section 2(q)(2) of the Federal Hazardous Substances Act (
(3) ANPR REQUIREMENT- Section 3 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'; andCommentsClose 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
`(c) 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 sections 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
(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'; andCommentsClose 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,'; andCommentsClose 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);CommentsClose CommentsPermalink
(2) by striking `Every manufacturer' in paragraph (1) and inserting `Except as provided in paragraph (2), every manufacturer';CommentsClose CommentsPermalink
(3) by designating the second and third sentences of subsection (a) as paragraphs (3) and (4), respectively;CommentsClose CommentsPermalink
(4) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink
`(2) Beginning 60 days after the date on which the Commission publishes notice of an interim procedure designated under subsection (d)(2) of this section, every manufacturer, or its designee, of a children's product (and the private labeler, or its designee, of such product if it bears a private label) manufactured or imported after such 60th day that is subject to a children's product safety standard shall--CommentsClose CommentsPermalink
`(A) have the product tested by a third party laboratory qualified to perform such tests or testing programs; andCommentsClose CommentsPermalink
`(B) issue a certification which shall--CommentsClose CommentsPermalink
`(i) certify that such product meets that standard; andCommentsClose CommentsPermalink
`(ii) specify the applicable children's product safety standard.';CommentsClose CommentsPermalink
(5) by striking `Such certificate shall' in paragraph (3) as redesignated by paragraph (1) and inserting `A certificate required under this subsection shall'; andCommentsClose CommentsPermalink
(6) 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),'; andCommentsClose CommentsPermalink
(B) by striking `requirement under paragraph (1)' and inserting `requirement under paragraph (1) or (2) (as the case may be)'.CommentsClose CommentsPermalink
(b) TESTING PROGRAMS- Section 14(b) (
(1) by inserting `(1)' before the first sentence;CommentsClose CommentsPermalink
(2) by designating the second sentence as paragraph (2); andCommentsClose CommentsPermalink
(3) in paragraph (2), as so designated, by striking `Any test or' and inserting `Except as provided in subsection (a)(2), any test or'.CommentsClose CommentsPermalink
(c) Children's Products; Testing by Independent Third Laboratories; Certification- Section 14 (
`(d) Application to Other Consumer Products; Certifier Standards; Audit-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Commission--CommentsClose CommentsPermalink
`(A) within 1 year after the date of enactment of the CPSC Reform Act shall by rule--CommentsClose CommentsPermalink
`(i) establish protocols and standards--CommentsClose CommentsPermalink
`(I) for acceptance of certification or continuing guarantees of compliance by manufacturers under this section; andCommentsClose CommentsPermalink
`(II) for verifying that products tested by third party laboratories comply with applicable standards under this Act and other Acts enforced by the Commission;CommentsClose CommentsPermalink
`(ii) prescribe standards for accreditation of third party laboratories, either by the Commission or by 1 or more independent standard-setting organizations to which the Commission delegates authority, to engage in certifying compliance under subsection (a)(2) for children's products or products to which the Commission extends the certification requirements of that subsection;CommentsClose CommentsPermalink
`(iii) establish requirements, or delegate authority to 1 or more independent standard-setting organizations, for third party laboratory testing, as the Commission determines to be necessary to ensure compliance with any applicable rule or order, of random samples of products certified under this section to determine whether they meet the requirements for certification;CommentsClose CommentsPermalink
`(iv) establish requirements for periodic audits of third party laboratories by an independent standard-setting organization as a condition for accreditation of such laboratories under this section; andCommentsClose CommentsPermalink
`(v) establish a program by which manufacturers may label products as compliant with the certification requirements of subsection (a)(2); andCommentsClose 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.CommentsClose CommentsPermalink
`(2) INTERIM PROCEDURE- Within 30 days after the date of enactment of the CPSC Reform Act, the Commission shall--CommentsClose CommentsPermalink
`(A) consider existing laboratory testing certification procedures established by independent standard-setting organizations; andCommentsClose CommentsPermalink
`(B) designate an existing procedure, or existing procedures, for manufacturers of children's products to follow until the Commission issues a final rule under paragraph (1)(A).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 7 years of age or younger that is introduced into the interstate stream of commerce. In determining whether a product is intended for use by a child 7 years of age or younger, the following factors shall be considered:CommentsClose CommentsPermalink
`(A) A statement by a manufacturer about the intended use of such product, including a label on such product, if such statement is reasonable.CommentsClose CommentsPermalink
`(B) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for children 7 years of age or younger.CommentsClose CommentsPermalink
`(C) Whether the product is commonly recognized by consumers as being intended for use by a child 7 years of age or younger.CommentsClose CommentsPermalink
`(D) The Age Determination Guidelines issued by the Commission in September 2002 and any subsequent version of such Guideline.CommentsClose CommentsPermalink
`(2) CHILDREN'S PRODUCT SAFETY STANDARD- The term `children's product safety standard' means a consumer product safety rule or standard under this Act or any other Act enforced by the Commission, or a rule or classification under this Act or any other Act enforced by the Commission declaring a consumer product to be a banned hazardous product or substance.CommentsClose CommentsPermalink
`(3) THIRD PARTY LABORATORY-CommentsClose CommentsPermalink
`(A) IN GENERAL- The term `third party laboratory' means a testing entity that--CommentsClose CommentsPermalink
`(i) is designated by the Commission, or by an independent standard-setting organization to which the Commission qualifies as capable of making such a designation, as a testing laboratory that is competent to test products for compliance with applicable safety standards under this Act and other Acts enforced by the Commission; andCommentsClose CommentsPermalink
`(ii) except as provided in subparagraph (C), is a non-governmental entity that is not owned, managed, or controlled by the manufacturer or private labeler.CommentsClose CommentsPermalink
`(B) TESTING AND CERTIFICATION OF ART MATERIALS AND PRODUCTS- A certifying organization (as defined in appendix A to section 1500.14(b)(8) of title 16, Code of Federal Regulations) meets the requirements of subparagraph (A)(ii) with respect to the certification of art material and art products required under this section or by regulations issued under the Federal Hazardous Substances Act.CommentsClose CommentsPermalink
`(C) FIREWALLED PROPRIETARY LABORATORIES- Upon request, the Commission may certify a laboratory that is owned, managed, or controlled by the manufacturer or private labeler as a third party laboratory if the Commission--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; andCommentsClose CommentsPermalink
`(iii) establishes procedures for confidential reporting of allegations of undue influence to the Commission.CommentsClose CommentsPermalink
`(D) Provisional certification-CommentsClose CommentsPermalink
`(i) IN GENERAL- Upon application made to the Commission less than 1 year after the date of enactment of the CPSC Reform Act, the Commission may provide provisional certification of a laboratory described in subparagraph (C) of this paragraph, or a laboratory described in subparagraph (A) of this paragraph, upon a showing that the laboratory--CommentsClose CommentsPermalink
`(I) is certified under laboratory testing certification procedures established by an independent standard-setting organization; orCommentsClose CommentsPermalink
`(II) provides consumer safety protection that is equal to or greater than that which would be provided by use of an independent third party laboratory.CommentsClose CommentsPermalink
`(ii) DEADLINE- The Commission shall grant or deny any such application within 45 days after receiving the completed application.CommentsClose CommentsPermalink
`(iii) EXPIRATION- Any such certification shall expire 90 days after the date on which the Commission publishes final rules under subsections (a)(2) and (d).CommentsClose CommentsPermalink
`(iv) ANTI-GAP PROVISION- Within 45 days after receiving a complete application for certification under the final rule prescribed under subsections (a)(2) and (d) of this section from a laboratory provisionally certified under this subparagraph, the Commission shall grant or deny the application if the application is received by the Commission no later than 45 days after the date on which the Commission publishes such final rule.CommentsClose CommentsPermalink
`(E) DECERTIFICATION- The Commission, or an independent standard-setting organization to which the Commission has delegated such authority, may decertify a third party laboratory (including a laboratory certified as a third party laboratory under subparagraph (B) of this paragraph) if it finds, after notice and investigation, that a manufacturer or private labeler has exerted undue influence on the laboratory.'.CommentsClose CommentsPermalink
(d) Conforming Amendments- Section 14(b) (
(1) by striking `consumer products which are subject to consumer product safety standards' and inserting `a consumer product that is subject to a consumer product safety standard, a children's product that is subject to a children's product safety standard, or either such product that is subject to any other rule under this Act (or a similar rule under any other Act enforced by the Commission)'; andCommentsClose CommentsPermalink
(2) by striking `, at the option of the person required to certify the product,' and inserting `be required by the Commission to'.CommentsClose CommentsPermalink
(e) Label and Certification- Not later than 1 year after the date of enactment of this Act, the Consumer Product Safety Commission shall prescribe a rule in accordance with section 14(a)(5) and (d) of the Consumer Product Safety Act (
(f) 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'; andCommentsClose 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 a third party as required by section 14(a)(2).'.CommentsClose CommentsPermalink
(g) CPSC CONSIDERATION OF EXISTING REQUIREMENTS- In establishing standards for laboratories certified to perform testing under section 14 of the Consumer Product Safety Act, as amended by this section, the Consumer Product Safety Commission may consider standards and protocols for certification of such laboratories by independent standard-setting organizations that are in effect on the date of enactment of this Act, but shall ensure that the final rule prescribed under subsections (a)(2) and (d) of that section incorporates, as the standard for certification, the most current scientific and technological standards and techniques available.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; andCommentsClose 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. A manufacturer, distributor, private labeler, or licensor that uses a retailer to advertise a product shall inform the retailer of any cautionary statement that may apply to such products in any communication to the retailer that contains information about the products to be advertised. The requirement imposed by the preceding sentence shall only apply to advertisements by the retailer if the manufacturer, importer, distributor, private labeler, or licensor affirmatively informs the retailer that such cautionary statement is required for the product.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; andCommentsClose 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; butCommentsClose 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) Effective 1 year after the date of enactment of the CPSC Reform Act, the manufacturer of a children's product or other consumer product (as may be required by the Commission in its discretion after a rulemaking proceeding) shall place distinguishing marks on the product and its packaging, to the extent practicable, that will enable the ultimate purchaser to ascertain the manufacturer, production time period, and cohort (including the batch, run number, or other identifying characteristic) of production of the product by reference to those marks.'.CommentsClose CommentsPermalink
(c) 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'; andCommentsClose 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 applicable requirements of that standard.'.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; andCommentsClose 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 `(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
(8) by striking `described in paragraph (3).' and inserting `described in paragraph (1)(C).'; andCommentsClose 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. The manufacturer, retailer, or distributor to which the action plan applies may not distribute the product to which the action plan relates 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 to the extent that the information is known, or can be determined, by the importer, retailer, or distributor; andCommentsClose CommentsPermalink
`(2) every manufacturer shall identify by name, address, or such other identifying information as the officer or employee may request--CommentsClose CommentsPermalink
`(A) each retailer or distributor to which it directly supplied a given consumer product (or other product or substance over which the Commission has jurisdiction under this or any other Act);CommentsClose CommentsPermalink
`(B) each subcontractor involved in the production or fabrication of such product or substance; andCommentsClose CommentsPermalink
`(C) each subcontractor from which it obtained a component thereof.'.CommentsClose CommentsPermalink
SEC. 15. 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; orCommentsClose 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);'; andCommentsClose 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 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 Act or any other Act enforced by the Commission if voluntary corrective action had not been taken by the manufacturer, except that the Commission may permit such a product to be exported if it meets applicable safety standards established by the importing country.'.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'; andCommentsClose 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)(1) Notwithstanding any other provision of law, except as provided in paragraph (2), the Consumer Product Safety Commission may prohibit a person from exporting from the United States for purpose of sale any fabric, related material, or product that the Commission determines, after notice to the manufacturer--CommentsClose CommentsPermalink
`(A) is not in conformity with an applicable consumer product safety standard under the Consumer Product Safety Act or with a rule under this Act;CommentsClose CommentsPermalink
`(B) is subject to an order issued under section 12 or 15 of the Consumer Product Safety Act or designated as a banned hazardous substance under the Federal Hazardous Substances Act (
`(C) is subject to voluntary corrective action taken by the manufacturer, in consultation with the Commission, of which action the Commission has notified the public and that would have been subject to mandatory corrective action under this or another Act enforced by the Commission if voluntary corrective action had not been taken by the manufacturer.CommentsClose CommentsPermalink
`(2) The Commmission may permit the exportation of a fabric, related material, or product described in paragraph (1) if it meets applicable safety standards of the country to which it is being exported.'.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'; andCommentsClose 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 registered safety certification mark owned by an accredited conformity assessment body, which mark is known, or should have been known, by such person to be used in a manner unauthorized by the owner of that certification mark.'.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 `false.' in paragraph (13) and inserting `false; or'; andCommentsClose CommentsPermalink
(3) by adding at the end thereof the following:CommentsClose CommentsPermalink
`(14) misrepresent to any officer or employee of the Commission the scope of consumer products subject to an action required under section 12 or 15, or to make a material misrepresentation to such an officer or employee in the course of an investigation under this Act or any other Act enforced by the Commission.'.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'; andCommentsClose 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. 16. 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 `$20,000,000'; andCommentsClose CommentsPermalink
(C) by striking `December 1, 1994,' in paragraph (3)(B) and inserting `December 1, 2011,'.CommentsClose CommentsPermalink
(2) FEDERAL HAZARDOUS SUBSTANCES ACT- Section 5(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 `$20,000,000'; andCommentsClose CommentsPermalink
(C) by striking `December 1, 1994,' in paragraph (6)(B) and inserting `December 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 `$20,000,000'; andCommentsClose CommentsPermalink
(C) by striking `December 1, 1994,' in paragraph (5)(B) and inserting `December 1, 2011,'.CommentsClose CommentsPermalink
(4) MAXIMUM PENALTY FOR CERTAIN VIOLATIONS- Section 20(a)(1) (
(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 5 years for a knowing and willful violation of that section;CommentsClose CommentsPermalink
`(2) a fine determined under
`(3) both.'.CommentsClose CommentsPermalink
(2) DIRECTORS, OFFICERS, AND AGENTS- Section 21(b) (
(3) UNDER THE FEDERAL HAZARDOUS SUBSTANCES ACT- Section 5(a) of the Federal Hazardous Substances Act (
(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 5 years for a knowing and willful violation of that section;CommentsClose CommentsPermalink
`(2) a fine determined under
`(3) both.'.CommentsClose CommentsPermalink
(c) CIVIL PENALTY CRITERIA- Within 1 year after the date of enactment of this Act, the Consumer Product Safety Commission shall initiate a rulemaking in accordance with
(d) CRIMINAL PENALTIES TO INCLUDE ASSET FORFEITURE- Section 21 (
`(c)(1) In addition to the penalties provided by subsection (a), the penalty for a criminal violation of this Act or any other Act enforced by the Commission may include the forfeiture of assets associated with the violation.CommentsClose CommentsPermalink
`(2) In this subsection, the term `criminal violation' means a violation of this Act or any other Act enforced by the Commission for which the violator is sentenced to pay a fine, be imprisoned, or both.'.CommentsClose CommentsPermalink
SEC. 17. PREEMPTION.
The provisions of sections 25 and 26 of the Consumer Product Safety Act (
SEC. 18. 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; orCommentsClose CommentsPermalink
`(iii) with respect to a foreign law enforcement agency, with the approval of the Attorney General, other foreign criminal laws, if such foreign criminal laws are offenses defined in or covered by a criminal mutual legal assistance treaty in force between the government of the United States and the foreign law enforcement agency's government; andCommentsClose CommentsPermalink
`(C) 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) Except as provided in paragraph (3) of this subsection, the Commission shall not be required to disclose under
`(A) any material obtained from a foreign government agency, if the foreign government agency has requested confidential treatment, or has precluded such disclosure under other use limitations, as a condition of providing the material;CommentsClose CommentsPermalink
`(B) any material reflecting a consumer complaint obtained from any other foreign source, if the foreign source supplying the material has requested confidential treatment as a condition of providing the material; orCommentsClose CommentsPermalink
`(C) any material reflecting a consumer complaint submitted to a Commission reporting mechanism sponsored in part by foreign government agencies.CommentsClose CommentsPermalink
`(3) Nothing in this subsection shall authorize the Commission to withhold information from the Congress or prevent the Commission from complying with an order of a court of the United States in an action commenced by the United States or the Commission.CommentsClose CommentsPermalink
`(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; andCommentsClose CommentsPermalink
`(B) any multinational organization, to the extent that it is acting on behalf of an entity described in subparagraph (A).'.CommentsClose CommentsPermalink
SEC. 19. FINANCIAL RESPONSIBILITY.
(a) IN GENERAL- The Act (
`FINANCIAL RESPONSIBILITY
`SEC. 39. (a) The Commission, in a rulemaking proceeding, may establish procedures to require the posting of an escrow, proof of insurance, or security acceptable to the Commission by--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; orCommentsClose 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 escrow, proof of insurance, or 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; orCommentsClose CommentsPermalink
`(2) to cover the costs of holding the product and the destruction of the product should such action be required by the Commission under this Act or any other act enforced by the Commission.'.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. Financial responsibility.'.CommentsClose CommentsPermalink
SEC. 20. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
(a) IN GENERAL- The Act (
`ENFORCEMENT BY STATE ATTORNEYS GENERAL
`SEC. 26A. (a) Except as provided in subsection (f), whenever the attorney general of a State has reason to believe that the interests of the residents of that State have been, or are being, threatened or adversely affected by a violation of any consumer product safety rule, regulation, standard, certification or labeling requirement, or order prescribed under this Act or any other Act enforced by the Commission (including the sale of a voluntarily or mandatorily recalled product or of a banned hazardous substance or product), the State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to obtain injunctive relief provided under such 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 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; andCommentsClose CommentsPermalink
`(2) file petitions for appeal of a decision in such civil action.CommentsClose CommentsPermalink
`(d) Nothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the attorney general, or other authorized State officer, by the laws of such State. Nothing in this section shall prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State.CommentsClose CommentsPermalink
`(e) In a civil action brought under subsection (a)--CommentsClose CommentsPermalink
`(1) the venue shall be a judicial district in which--CommentsClose CommentsPermalink
`(A) the manufacturer, distributor, or retailer operates; orCommentsClose CommentsPermalink
`(B) the manufacturer, distributor, or retailer is 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; andCommentsClose 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 section during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this Act alleged in the complaint.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. 21. WHISTLEBLOWER PROTECTIONS.
(a) IN GENERAL- The Act (
`WHISTLEBLOWER PROTECTION
`SEC. 40. (a) No manufacturer, private labeler, distributor, or retailer, nor any Federal, State, or local government agency, may discharge an employee or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment because the employee, whether at the employee's initiative or in the ordinary course of the employee's duties (or any person acting pursuant to a request of the employee)--CommentsClose CommentsPermalink
`(1) provided, caused to be provided, or is about to provide or cause to be provided to the employer, the Federal Government, or the attorney general of a State information relating to any violation of, or any act or omission the employee reasonably believes to be a violation of an order, regulation, rule, or other provision of this Act or any other Act enforced by the Commission;CommentsClose CommentsPermalink
`(2) testified or is about to testify in a proceeding concerning such violation;CommentsClose CommentsPermalink
`(3) assisted or participated or is about to assist or participate in such a proceeding; orCommentsClose CommentsPermalink
`(4) objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of an order, regulation, rule, or other provision of this Act or any other Act enforced by the Commission.CommentsClose CommentsPermalink
`(b)(1) A person who believes that he or she has been discharged or otherwise discriminated against by any person in violation of subsection (a) may, not later than 180 days after the date on which such violation occurs, file (or have any person file on his or her behalf) a complaint with the Secretary of Labor alleging such discharge or discrimination and identifying the person responsible for such act. Upon receipt of such a complaint, the Secretary shall notify, in writing, the person named in the complaint of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting the complaint, and of the opportunities that will be afforded to such person under paragraph (2).CommentsClose CommentsPermalink
`(2)(A) Not later than 60 days after the date of receipt of a complaint filed under paragraph (1) and after affording the complainant and the person named in the complaint an opportunity to submit to the Secretary a written response to the complaint and an opportunity to meet with a representative of the Secretary to present statements from witnesses, the Secretary shall initiate an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify, in writing, the complainant and the person alleged to have committed a violation of subsection (a) of the Secretary's findings. If the Secretary concludes that there is reasonable cause to believe that a violation of subsection (a) has occurred, the Secretary shall accompany the Secretary's findings with a preliminary order providing the relief prescribed by paragraph (3)(B). Not later than 30 days after the date of notification of findings under this paragraph, either the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order, or both, and request a hearing on the record. The filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. Any such hearing shall be conducted expeditiously. If a hearing is not requested in such 30-day period, the preliminary order shall be deemed a final order that is not subject to judicial review.CommentsClose CommentsPermalink
`(B)(i) The Secretary shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.CommentsClose CommentsPermalink
`(ii) Notwithstanding a finding by the Secretary that the complainant has made the showing required under clause (i), no investigation otherwise required under subparagraph (A) shall be conducted if the employer demonstrates, by clear and convincing evidence, that the employer would have taken the same unfavorable personnel action in the absence of that behavior.CommentsClose CommentsPermalink
`(iii) The Secretary may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.CommentsClose CommentsPermalink
`(iv) Relief may not be ordered under subparagraph (A) if the employer demonstrates by clear and convincing evidence that the employer would have taken the same unfavorable personnel action in the absence of that behavior.CommentsClose CommentsPermalink
`(3)(A) Not later than 120 days after the date of conclusion of any hearing under paragraph (2), the Secretary shall issue a final order providing the relief prescribed by this paragraph or denying the complaint. At any time before issuance of a final order, a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the Secretary, the complainant, and the person alleged to have committed the violation.CommentsClose CommentsPermalink
`(B) If, in response to a complaint filed under paragraph (1), the Secretary determines that a violation of subsection (a) has occurred, the Secretary shall order the person who committed such violation--CommentsClose CommentsPermalink
`(i) to take affirmative action to abate the violation;CommentsClose CommentsPermalink
`(ii) to reinstate the complainant to his or her former position together with compensation (including back pay) and restore the terms, conditions, and privileges associated with his or her employment; andCommentsClose CommentsPermalink
`(iii) to provide compensatory damages to the complainant.CommentsClose CommentsPermalink
If such an order is issued under this paragraph, the Secretary, at the request of the complainant, shall assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorneys' and expert witness fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued.CommentsClose CommentsPermalink
`(C) If the Secretary finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Secretary may award to the prevailing employer a reasonable attorneys' fee, not exceeding $1,000, to be paid by the complainant.CommentsClose CommentsPermalink
`(4) If the Secretary has not issued a final decision within 210 days after the filing of the complaint, or within 90 days after receiving a written determination, the complainant may bring an action at law or equity for 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 Secretary. Review shall conform to chapter 7 of title 5, United States Code. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the order.CommentsClose CommentsPermalink
`(B) An order of the Secretary with respect to which review could have been obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding.CommentsClose CommentsPermalink
`(6) Whenever any person has failed to comply with an order issued under paragraph (3), the Secretary may file a civil action in the United States district court for the district in which the violation was found to occur, or in the United States district court for the District of Columbia, to enforce such order. In actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including, but not limited to, injunctive relief and compensatory damages.CommentsClose CommentsPermalink
`(7)(A) A person on whose behalf an order was issued under paragraph (3) may commence a civil action against the person to whom such order was issued to require compliance with such order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order.CommentsClose CommentsPermalink
`(B) The court, in issuing any final order under this paragraph, may award costs of litigation (including reasonable attorneys' and expert witness fees) to any party whenever the court determines such award is appropriate.CommentsClose CommentsPermalink
`(c) Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under
`(d) Subsection (a) shall not apply with respect to an employee of a manufacturer, private labeler, distributor, or retailer who, acting without direction from such manufacturer, private labeler, distributor, or retailer (or such person's agent), deliberately causes a violation of any requirement relating to any violation or alleged violation of any order, regulation, or consumer product safety standard under this Act or any other law enforced by the Commission.'.CommentsClose CommentsPermalink
(b) CONFORMING AMENDMENT- The table of contents, as amended by section 19 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. 22. BAN ON CHILDREN'S PRODUCTS CONTAINING LEAD; LEAD PAINT RULE.
(a) IN GENERAL- Beginning on the date that is 1 year after the date of enactment of this Act, any children's product (as defined in section 14(e) of the Consumer Product Safety Act (
(b) Trace Amounts of Lead-CommentsClose CommentsPermalink
(1) INITIAL STANDARD- For purposes of subsection (a), a children's product shall be considered to contain lead if any part of the product contains lead or lead compounds and the lead content of such part (calculated as lead metal) is greater than 0.03 percent by weight of the total weight of such part (or such lesser amount as may be established by the Commission by regulation).CommentsClose CommentsPermalink
(2) Reduced threshold-CommentsClose CommentsPermalink
(A) IN GENERAL- Beginning on the date that is 3 years after the date of enactment of this Act, paragraph (1) shall be applied by substituting `0.01 percent' for `0.03 percent' unless the Consumer Product Safety Commission determines that a standard of 0.01 percent is not technologically feasible. The Commission may make such a determination only after notice and a hearing and after analyzing the public health protections associated with substantially reducing lead in children's products.CommentsClose CommentsPermalink
(B) ALTERNATIVE REDUCTION- If the Commission determines under subparagraph (A) that the 0.01 percent standard is not technologically feasible, the Commission shall, by regulation, establish a lesser amount that is the lowest amount of lead, lower than 0.03 percent by weight, the Commission determines to be technologically feasible to achieve. The amount of lead established by the Commission under the preceding sentence shall be substituted for the 0.03 percent standard under paragraph (1) beginning on the date that is 3 years after the date of enactment of this Act.CommentsClose CommentsPermalink
(c) Exceptions-CommentsClose CommentsPermalink
(1) INACCESSIBLE COMPONENTS- After notice and a hearing, the Commission may determine that subsection (a) does not apply to a component of a children's product that is not accessible to a child because it is not physically exposed by reason of a sealed covering or casing and will not become physically exposed through normal and reasonably foreseeable use and abuse of the product. In making its determination under this paragraph, the Commission may not consider paint, coatings, or electroplating to be a barrier that would render lead in the substrate inaccessible to a child through normal and reasonably foreseeable use and abuse of the product.CommentsClose CommentsPermalink
(2) ELECTRONICS- If the Commission determines that it is not feasible for certain electronic devices, including batteries, to comply with subsection (a) at the time the regulations take effect, the Commission shall, by regulation--CommentsClose CommentsPermalink
(A) issue standards to reduce the exposure of and accessibility to lead in such electronic devices; andCommentsClose 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- Notwithstanding the provisions of subsection (b), the Commission may by regulation establish such lower thresholds for lead content in children's products than those set forth in subsection (b) as the Commission finds to be technologically feasible.CommentsClose CommentsPermalink
(e) PAINT STANDARD FOR ALL PRODUCTS- Effective on the date that is 1 year after the date of enactment of this Act, the Consumer Product 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
(f) Application with ASTM F963- To the extent that any standard or rule promulgated by the Consumer Product Safety Commission under this section (or any section of the Consumer Product Safety Act or any other Act enforced by the Commission, as such Acts are affected by this section) is inconsistent with the ASTM F963 standard, such promulgated standard or rule shall supersede the ASTM F963 standard to the extent of the inconsistency.CommentsClose CommentsPermalink
SEC. 23. 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. 24. STUDY OF PREVENTABLE INJURIES AND DEATHS OF MINORITY CHILDREN RELATED TO CERTAIN CONSUMER PRODUCTS.
(a) IN GENERAL- Within 90 days after the date of enactment of this Act, the Government Accountability Office shall initiate a study to assess disparities in the risks and incidence of preventable injuries and deaths among children of minority populations, including Black, Hispanic, American Indian, Alaskan Native, 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 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; andCommentsClose 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 2009.CommentsClose CommentsPermalink
SEC. 25. 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. 26. 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; andCommentsClose 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; andCommentsClose 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; andCommentsClose 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. 27. PUBLIC INTERNET WEBSITE LINKS.
Not later than 30 days after the date of enactment of this Act, the Consumer Product Safety Commission shall establish and maintain--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; andCommentsClose 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. 28. 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; andCommentsClose 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; andCommentsClose 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. 29. TOY SAFETY STANDARD.
(a) IN GENERAL- Beginning 60 days after the date of enactment of this Act, ASTM-International Standard F963-07, Consumer Safety Specifications for Toy Safety, as it exists on the date of enactment of this Act shall be considered to be a consumer product safety rule issued by the Consumer Product Safety Commission under section 9 of the Consumer Product 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. 30. 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 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 the date of enactment of the CPSC Reform Act, or subsequently filed with and approved by the Commission, and bears a label certifying such compliance and identifying the manufacturer, importer or private labeler and the ATV action plan to which it is subject; andCommentsClose CommentsPermalink
`(C) the manufacturer or distributor is in compliance with all provisions of the 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 traveling 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; andCommentsClose 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; butCommentsClose CommentsPermalink
`(B) does not include a prototype of a motorized, off-highway, all-terrain vehicle or other motorized, off-highway, all-terrain vehicle that is intended exclusively for research and development purposes unless the vehicle is offered for sale.CommentsClose CommentsPermalink
`(2) ATV ACTION PLAN- The term `ATV action plan' 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 21 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 of enactment of this Act.CommentsClose CommentsPermalink
SEC. 31. GARAGE DOOR OPENER STANDARD.
Notwithstanding section 203(b) of the Consumer Product Safety Improvement Act of 1990 (
SEC. 32. REDUCING DEATHS AND INJURIES FROM CARBON MONOXIDE POISONING.
(a) IN GENERAL- The Consumer Product Safety Commission shall issue a final rule in its proceeding entitled `Portable Generators' for which the Commission issued an advance notice of proposed rulemaking on December 12, 2006 (71 Fed. Reg. 74472), no later than 18 months after the date of enactment of this Act.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; andCommentsClose CommentsPermalink
(3) contains recommendations for improving the labels on charcoal briquettes.CommentsClose CommentsPermalink
SEC. 33. COMPLETION OF CIGARETTE LIGHTER RULEMAKING.
The Consumer Product Safety Commission shall issue a final rule mandating general safety standards for cigarette lighters in its proceedings entitled `Safety Standard for cigarette Lighters' for which the Commission issued an advance notice of proposed rulemaking on April 11, 2005 (68 Fed. Reg. 11339) no later than 24 months after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 34. CONSUMER PRODUCT REGISTRATION FORMS.
(a) 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; andCommentsClose 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; andCommentsClose 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; andCommentsClose 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
(b) 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 (a) in facilitating product recalls; andCommentsClose CommentsPermalink
(2) submit to Congress a report on the findings of the Commission with respect to the study required by paragraph (1).CommentsClose CommentsPermalink
(c) 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
SEC. 35. REPEAL.
Section 30 (
SEC. 36. CONSUMER PRODUCT SAFETY COMMISSION PRESENCE AT NATIONAL TARGETING CENTER OF U.S. CUSTOMS AND BORDER PROTECTION.
(a) IN GENERAL- Except as provided in subsection (c), not later than 6 months after the date of the enactment of this Act, the Consumer Product Safety Commission shall enter into a memorandum of understanding with the Secretary of Homeland Security for the assignment by the Commission of not less than 1 full-time equivalent personnel to work at the National Targeting Center of U.S. Customs and Border Protection.CommentsClose CommentsPermalink
(b) RESPONSIBILITIES- Any personnel assigned under subsection (a) shall, in cooperation with other personnel working at the National Targeting Center, identify products, before such products are imported into the customs territory of the United States, that--CommentsClose CommentsPermalink
(1) are intended for importation into such customs territory; andCommentsClose CommentsPermalink
(2) pose a high risk to consumer safety.CommentsClose CommentsPermalink
(c) WAIVER- The Consumer Product Safety Commission may waive the requirement of subsection (a) if the Commission determines that an assignment under subsection (a) would not improve the effectiveness of the Commission in identifying products described in subsection (b) before such products are imported into the customs territory of the United States.CommentsClose CommentsPermalink
SEC. 37. DEVELOPMENT OF RISK ASSESSMENT METHODOLOGY TO IDENTIFY SHIPMENTS OF CONSUMER PRODUCTS THAT ARE LIKELY TO CONTAIN CONSUMER PRODUCTS IN VIOLATION OF SAFETY STANDARDS.
(a) IN GENERAL- Not later than 1 year after the date of the enactment of this Act, the Consumer Product Safety Commission shall develop a risk assessment methodology for identification of shipments of consumer products that are--CommentsClose CommentsPermalink
(1) intended for import into the customs territory of the United States; andCommentsClose CommentsPermalink
(2) are likely to include consumer products that would be refused admission into such customs territory under section 17(a) of the Consumer Product Safety Act (
(b) USE OF INTERNATIONAL TRADE DATA SYSTEM- The methodology developed under subsection (a) shall, as far as practicable, use the International Trade Data System (ITDS) established under section 411(d) of the Tariff Act of 1930 (
(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 38. SEIZURE AND DESTRUCTION OF IMPORTED PRODUCTS IN VIOLATION OF CONSUMER PRODUCT SAFETY STANDARDS.
(a) List of Product Defects That Constitute a Substantial Product Hazard-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 6 months after the date of the enactment of this Act, the Consumer Product Safety Commission shall publish a list of product defects that constitute a substantial product hazard (as defined in section 15 of the Consumer Product Safety Act (
(2) UPDATES- The Consumer Product Safety Commission shall, as the Commission considers appropriate--CommentsClose CommentsPermalink
(A) update the list required by paragraph (1); andCommentsClose CommentsPermalink
(B) provide a copy of the updated list to the Secretary of Homeland Security.CommentsClose CommentsPermalink
(b) Destruction of Noncompliant Imported Products- Section 17(e) (
`(e) Product Destruction- The Secretary of Homeland Security shall ensure the destruction of any product refused admission into the customs territory of the United States under this section unless such product is exported, under regulations prescribed by the Secretary or the Commission, as appropriate, within 90 days of the date of notice of such refusal or within such additional time as may be permitted pursuant to such regulations.'.CommentsClose CommentsPermalink
(c) Inspection and Recordkeeping Requirements as Conditions on Importation- Section 17(g) (
(d) Provision of Information to Cooperating Agencies- Section 17(h)(2) (
(e) Construction- Section 17 (
`(i) Construction- Nothing in this section shall be construed to prevent the Secretary of Homeland Security from prohibiting entry or directing the destruction or export of a consumer product under any other provision of law.'.CommentsClose CommentsPermalink
(f) Conforming Amendments- Such section 17 is further amended--CommentsClose CommentsPermalink
(1) in subsection (a), by striking `Any consumer' and inserting `Refusal of Admission- Any consumer';CommentsClose CommentsPermalink
(2) in subsection (b), by striking `The' in the first sentence and inserting `Samples- The';CommentsClose CommentsPermalink
(3) in subsection (c), by striking `If' and inserting `Modification- If';CommentsClose CommentsPermalink
(4) in subsection (d), by striking `All actions' in the first sentence and inserting `Supervision of Modifications- All actions';CommentsClose CommentsPermalink
(5) in subsection (f), by striking `All expenses' in the first sentence and inserting `Payment of Expenses Occasioned by Refusal of Admission- All expenses';CommentsClose CommentsPermalink
(6) in subsection (g), by striking `The Commission' and inserting `Importation Conditioned Upon Manufacturer's Compliance- The Commission';CommentsClose CommentsPermalink
(7) in subsection (h), by striking `(h)(1) The Commission' and inserting `(h) Product Surveillance Program- (1) The Commission'.CommentsClose CommentsPermalink
(g) Technical Amendments- Such section 17 is further amended--CommentsClose CommentsPermalink
(1) by striking `Secretary of the Treasury' each place it occurs and inserting `Secretary of Homeland Security'; andCommentsClose CommentsPermalink
(2) by striking `Department of the Treasury' each place it occurs and inserting `Department of Homeland Security'.CommentsClose CommentsPermalink
SEC. 39. DATABASE OF MANUFACTURING FACILITIES AND SUPPLIERS INVOLVED IN VIOLATIONS OF CONSUMER PRODUCT SAFETY STANDARDS.
(a) Documentation of Acts and Omissions- If the Consumer Product Safety Commission discovers evidence that a violation of a consumer product safety rule was the result of an act or omission by a manufacturing facility or supplier, the Commission shall document the following:CommentsClose CommentsPermalink
(1) The date on which the violation occurred.CommentsClose CommentsPermalink
(2) A description of the violation and the circumstances that led to the violation.CommentsClose CommentsPermalink
(3) Details of the act or omission and the relation of such act or omission to the violation.CommentsClose CommentsPermalink
(4) Identifying information about the manufacturing facility or supplier, including the name and address of such manufacturing facility or supplier.CommentsClose CommentsPermalink
(b) Database- The Consumer Product Safety Commission shall establish and maintain a database that contains the following:CommentsClose CommentsPermalink
(1) All of the information documented under subsection (a).CommentsClose CommentsPermalink
(2) Any information submitted under subsection (d).CommentsClose CommentsPermalink
(c) Notice- The Commission shall take reasonable steps to provide notice to each manufacturing facility or supplier documented in the database required by subsection (b) of the inclusion of such manufacturing facility or supplier in such database and the reasons for such inclusion.CommentsClose CommentsPermalink
(d) Comments- The Commission shall establish a process by which a manufacturing facility or supplier included in the database required by subsection (b) for an act or omission described in subsection (a) may submit information to the Commission for inclusion in the database. Such information may consist of--CommentsClose CommentsPermalink
(1) evidence refuting evidence contained in the database that a violation described in subsection (a) was the result of an act or omission by such manufacturing facility or supplier; andCommentsClose CommentsPermalink
(2) evidence of remedial measures taken by such manufacturing facility or supplier to correct such act or omission.CommentsClose CommentsPermalink
Information submitted under this subsection shall be treated the same as information in the database for purposes of subsections (g) and (h).CommentsClose CommentsPermalink
(e) Availability of Database to U.S. Customs and Border Protection- The Consumer Product Safety Commission shall make the database established under subsection (b) available on a real-time basis to the Commissioner responsible for the U.S. Customs and Border Protection of the Department of Homeland Security.CommentsClose CommentsPermalink
(f) Use of Database by U.S. Customs and Border Protection- The Commissioner responsible for the U.S. Customs and Border Protection of the Department of Homeland Security shall use the information stored in the database required by subsection (b) in determining--CommentsClose CommentsPermalink
(1) whether a container being imported into the United States contains consumer products that are in violation of a consumer product safety standard of the Commission; andCommentsClose CommentsPermalink
(2) whether action should be taken with respect to any consumer products in such container under section 17 of the Consumer Product Safety Act (
(g) Limitation on Disclosure of Information in Database-CommentsClose CommentsPermalink
(1) IN GENERAL- The Consumer Product Safety Commission and the Commissioner responsible for the U.S. Customs and Border Protection of the Department of Homeland Security shall not disclose any information contained in or provide access to the database required by subsection (b) to any person except as provided in paragraph (2), provided that this limitation does not apply to the disclosure of information that was collected, received, or maintained by the Commission for purpose other than inclusion in the database.CommentsClose CommentsPermalink
(2) EXCEPTION FOR LAW ENFORCEMENT AND NATIONAL SECURITY- The Consumer Product Safety Commission and the Commissioner responsible for the U.S. Customs and Border Protection of the Department of Homeland Security may disclose information contained in and provide access to the database required by subsection (b) to a law enforcement agency or an intelligence agency of the United States if the Commission or the Commissioner determine that such disclosure is necessary--CommentsClose CommentsPermalink
(A) to prevent a crime; orCommentsClose CommentsPermalink
(B) to detect, prevent, or respond to a threat to national security.CommentsClose CommentsPermalink
(3) EXEMPTION FROM FREEDOM OF INFORMATION ACT DISCLOSURE REQUIREMENTS- The database required by subsection (b) shall not be subject to the disclosure requirements of section 552 or 552A of title 5, United States Code.CommentsClose CommentsPermalink
(h) Limitation on Use of Information in Database for Certain Civil or Criminal Penalties-CommentsClose CommentsPermalink
(1) PROHIBITION ON IMPOSITION BY CONSUMER PRODUCT SAFETY COMMISSION OF PENALTIES SOLELY ON BASIS OF DATABASE- The Consumer Product Safety Commission may not impose any penalty under section 20 or 21 of the Consumer Product Safety Act (
(2) PROHIBITION ON IMPOSITION BY U.S. CUSTOMS AND BORDER PROTECTION OF PENALTIES SOLELY ON BASIS OF DATABASE- Notwithstanding any other provision of law, the Commissioner responsible for the U.S. Customs and Border Protection of the Department of Homeland Security may not impose any civil or criminal penalty on any person solely on the inclusion of information on a person in the database required by subsection (b).CommentsClose CommentsPermalink
(i) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section..AEMD23AFCommentsClose CommentsPermalink
Calendar No. 582CommentsClose 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
February 26, 2008
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