[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 4040 Enrolled Bill (ENR)]
H.R.4040
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
To establish consumer product safety standards and other safety
requirements for children's products and to reauthorize and modernize
the Consumer Product Safety Commission.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Consumer Product
Safety Improvement Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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TITLE I

-CHILDREN'S PRODUCT SAFETY

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phthalates.
Subtitle A--Administrative Improvements

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TITLE II

-CONSUMER PRODUCT SAFETY COMMISSION REFORM

Subtitle B--Enhanced Enforcement Authority

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Subtitle C--Specific Import-Export Provisions

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safety of imported consumer products.
Subtitle D--Miscellaneous Provisions and Conforming Amendments

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(a) Defined Terms.--As used in this Act--
(1) the term ``appropriate Congressional committees'' means the
Committee on Energy and Commerce of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate; and
(2) the term ``Commission'' means the Consumer Product Safety
Commission.
(b) Consumer Product Safety Act.--Except as otherwise expressly
provided, whenever in this Act an amendment is expressed as an
amendment to a section or other provision, the reference shall be
considered to be made to a section or other provision of the Consumer
Product Safety Act (15 U.S.C. 2051 et seq.).

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The Commission may issue regulations, as necessary, to implement
this Act and the amendments made by this Act.

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(a) General Lead Ban.--
(1) Treatment as a banned hazardous substance.--Except as
expressly provided in subsection (b) beginning on the dates
provided in paragraph (2), any children's product (as defined in
section 3(a)(16) of the Consumer Product Safety Act (15 U.S.C.
2052(a)(16))) that contains more lead than the limit established by
paragraph (2) shall be treated as a banned hazardous substance
under the Federal Hazardous Substances Act (15 U.S.C. 1261 et
seq.).
(2) Lead limit.--
(A) 600 parts per million.--Except as provided in
subparagraphs (B), (C), (D), and (E), beginning 180 days after
the date of enactment of this Act, the lead limit referred to
in paragraph (1) is 600 parts per million total lead content by
weight for any part of the product.
(B) 300 parts per million.--Except as provided by
subparagraphs (C), (D), and (E), beginning on the date that is
1 year after the date of enactment of this Act, the lead limit
referred to in paragraph (1) is 300 parts per million total
lead content by weight for any part of the product.
(C) 100 parts per million.--Except as provided in
subparagraphs (D) and (E), beginning on the date that is 3
years after the date of enactment of this Act, subparagraph (B)
shall be applied by substituting ``100 parts per million'' for
``300 parts per million'' unless the Commission determines that
a limit of 100 parts per million is not technologically
feasible for a product or product category. 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.
(D) Alternate reduction of limit.--If the Commission
determines under subparagraph (C) that the 100 parts per
million limit is not technologically feasible for a product or
product category, the Commission shall, by regulation,
establish an amount that is the lowest amount of lead, lower
than 300 parts per million, the Commission determines to be
technologically feasible to achieve for that product or product
category. The amount of lead established by the Commission
under the preceding sentence shall be substituted for the 300
parts per million limit under subparagraph (B) beginning on the
date that is 3 years after the date of enactment of this Act.
(E) Periodic review and further reductions.--The Commission
shall, based on the best available scientific and technical
information, periodically review and revise downward the limit
set forth in this subsection, no less frequently than every 5
years after promulgation of the limit under subparagraph (C) or
(D) to require the lowest amount of lead that the Commission
determines is technologically feasible to achieve. The amount
of lead established by the Commission under the preceding
sentence shall be substituted for the lead limit in effect
immediately before such revision.
(b) Exclusion of Certain Materials or Products and Inaccessible
Component Parts.--
(1) Certain products or materials.--The Commission may, by
regulation, exclude a specific product or material from the
prohibition in subsection (a) if the Commission, after notice and a
hearing, determines on the basis of the best-available, objective,
peer-reviewed, scientific evidence that lead in such product or
material will neither--
(A) result in the absorption of any lead into the human
body, taking into account normal and reasonably foreseeable use
and abuse of such product by a child, including swallowing,
mouthing, breaking, or other children's activities, and the
aging of the product; nor
(B) have any other adverse impact on public health or
safety.
(2) Exception for inaccessible component parts.--
(A) In general.--The limits established under subsection
(a) shall not apply to any component part of a children's
product that is not accessible to a child through normal and
reasonably foreseeable use and abuse of such product, as
determined by the Commission. A component part is not
accessible under this subparagraph if such component part is
not physically exposed by reason of a sealed covering or casing
and does not become physically exposed through reasonably
foreseeable use and abuse of the product. Reasonably
foreseeable use and abuse shall include to, swallowing,
mouthing, breaking, or other children's activities, and the
aging of the product.
(B) Inaccessibility proceeding.--Within 1 year after the
date of enactment of this Act, the Commission shall promulgate
a rule providing guidance with respect to what product
components, or classes of components, will be considered to be
inaccessible for purposes of subparagraph (A).
(C) Application pending cpsc guidance.--Until the
Commission promulgates a rule pursuant to subparagraph (B), the
determination of whether a product component is inaccessible to
a child shall be made in accordance with the requirements laid
out in subparagraph (A) for considering a component to be
inaccessible to a child.
(3) Certain barriers disqualified.--For purposes of this
subsection, paint, coatings, or electroplating may not be
considered to be a barrier that would render lead in the substrate
inaccessible to a child, or to prevent absorption of any lead into
the human body, through normal and reasonably foreseeable use and
abuse of the product.
(4) Certain electronic devices.--If the Commission determines
that it is not technologically feasible for certain electronic
devices, including devices containing batteries, to comply with
subsection (a), the Commission, by regulation, shall--
(A) issue requirements to eliminate or minimize the
potential for exposure to and accessibility of lead in such
electronic devices, which may include requirements that such
electronic devices be equipped with a child-resistant cover or
casing that prevents exposure to and accessibility of the parts
of the product containing lead; and
(B) establish a schedule by which such electronic devices
shall be in full compliance with the limits in subsection (a),
unless the Commission determines that full compliance will not
be technologically feasible for such devices within a schedule
set by the Commission.
(5) Periodic review.--The Commission shall, based on the best
available scientific and technical information, periodically review
and revise the regulations promulgated pursuant to this subsection
no less frequently than every 5 years after the first promulgation
of a regulation under this subsection to make them more stringent
and to require the lowest amount of lead the Commission determines
is technologically feasible to achieve.
(c) Application With ASTM F963.--To the extent that any regulation
promulgated by the 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 regulation shall
supersede the ASTM F963 standard to the extent of the inconsistency.
(d) Technological Feasibility Defined.--For purposes of this
section, a limit shall be deemed technologically feasible with regard
to a product or product category if--
(1) a product that complies with the limit is commercially
available in the product category;
(2) technology to comply with the limit is commercially
available to manufacturers or is otherwise available within the
common meaning of the term;
(3) industrial strategies or devices have been developed that
are capable or will be capable of achieving such a limit by the
effective date of the limit and that companies, acting in good
faith, are generally capable of adopting; or
(4) alternative practices, best practices, or other operational
changes would allow the manufacturer to comply with the limit.
(e) Pending Rulemaking Proceedings To Have No Effect.--The pendency
of a rulemaking proceeding to consider--
(1) a delay in the effective date of a limit or an alternate
limit under this section related to technological feasibility,
(2) an exception for certain products or materials or
inaccessibility guidance under subsection (b) of this section, or
(3) any other request for modification of or exemption from any
regulation, rule, standard, or ban under this Act or any other Act
enforced by the Commission,
shall not delay the effect of any provision or limit under this section
nor shall it stay general enforcement of the requirements of this
section.
(f) More Stringent Lead Paint Ban.--
(1) In general.--Effective on the date that is 1 year after the
date of enactment of this Act, the Commission shall modify section
1303.1 of its regulations (16 C.F.R. 1301.1) by substituting
``0.009 percent'' for ``0.06 percent'' in subsection (a) of that
section.
(2) Periodic review and reduction.--The Commission shall, no
less frequently than every 5 years after the date on which the
Commission modifies the regulations pursuant to paragraph (1),
review the limit for lead in paint set forth in section 1303.1 of
title 16, Code of Federal Regulations (as revised by paragraph
(1)), and shall by regulation revise downward the limit to require
the lowest amount of lead that the Commission determines is
technologically feasible to achieve.
(3) Methods for screening lead in small painted areas.--In
order to provide for effective and efficient enforcement of the
limit set forth in section 1303.1 of title 16, Code of Federal
Regulations, the Commission may rely on x-ray fluorescence
technology or other alternative methods for measuring lead in paint
or other surface coatings on products subject to such section where
the total weight of such paint or surface coating is no greater
than 10 milligrams or where such paint or surface coating covers no
more than 1 square centimeter of the surface area of such products.
Such alternative methods for measurement shall not permit more than
2 micrograms of lead in a total weight of 10 milligrams or less of
paint or other surface coating or in a surface area of 1 square
centimeter or less.
(4) Alternative methods of measuring lead in paint generally.--
(A) Study.--Not later than 1 year after the date of
enactment of this Act, the Commission shall complete a study to
evaluate the effectiveness, precision, and reliability of x-ray
fluorescence technology and other alternative methods for
measuring lead in paint or other surface coatings when used on
a children's product or furniture article in order to determine
compliance with part 1303 of title 16, Code of Federal
Regulations, as modified pursuant to this subsection.
(B) Rulemaking.--If the Commission determines, based on the
study in subparagraph (A), that x-ray fluorescence technology
or other alternative methods for measuring lead in paint are as
effective, precise, and reliable as the methodology used by the
Commission for compliance determinations prior to the date of
enactment of this Act, the Commission may promulgate
regulations governing the use of such methods in determining
the compliance of products with part 1303 of title 16, Code of
Federal Regulations, as modified pursuant to this subsection.
Any regulations promulgated by the Commission shall ensure that
such alternative methods are no less effective, precise, and
reliable than the methodology used by the Commission prior to
the date of enactment of this Act.
(5) Periodic review.--The Commission shall, no less frequently
than every 5 years after the Commission completes the study
required by paragraph (4)(A), review and revise any methods for
measurement utilized by the Commission pursuant to paragraph (3) or
pursuant to any regulations promulgated under paragraph (4) to
ensure that such methods are the most effective methods available
to protect children's health. The Commission shall conduct an
ongoing effort to study and encourage the further development of
alternative methods for measuring lead in paint and other surface
coating that can effectively, precisely, and reliably detect lead
levels at or below the level set forth in part 1303 of title 16,
Code of Federal Regulations, or any lower level established by
regulation.
(6) No effect on legal limit.--Nothing in paragraph (3), nor
reliance by the Commission on any alternative method of measurement
pursuant to such paragraph, nor any rule prescribed pursuant to
paragraph (4), nor any method established pursuant to paragraph (5)
shall be construed to alter the limit set forth in section 1303 of
title 16, Code of Federal Regulations, as modified pursuant to this
subsection, or provide any exemption from such limit.
(7) Construction.--Nothing in this subsection shall be
construed to affect the authority of the Commission or any other
person to use alternative methods for detecting lead as a screening
method to determine whether further testing or action is needed.
(g) Treatment as a Regulation Under the FHSA.--Any ban imposed by
subsection (a) or rule promulgated under subsection (a) or (b) of this
section, and section 1303.1 of title 16, Code of Federal Regulations
(as modified pursuant to subsection (f)(1) or (2)), or any successor
regulation, shall be considered a regulation of the Commission
promulgated under or for the enforcement of section 2(q) of the Federal
Hazardous Substances Act (15 U.S.C. 1261(q)).

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PRODUCTS.
(a) Mandatory and Third Party Testing.--
(1) General conformity certification.--
(A) Amendment.--Paragraph (1) of section 14(a) (15 U.S.C.
2063(a)) is amended to read as follows:
``(1) General conformity certification.--Except as provided in
paragraphs (2) and (3), every manufacturer of a product which is
subject to a consumer product safety rule under this Act or similar
rule, ban, standard, or regulation under any other Act enforced by
the Commission and which is imported for consumption or warehousing
or distributed in commerce (and the private labeler of such product
if such product bears a private label) shall issue a certificate
which--
``(A) shall certify, based on a test of each product or
upon a reasonable testing program, that such product complies
with all rules, bans, standards, or regulations applicable to
the product under this Act or any other Act enforced by the
Commission; and
``(B) shall specify each such rule, ban, standard, or
regulation applicable to the product.''.
(B) Effective date.--The amendment made by subparagraph (A)
shall take effect 90 days after the date of enactment of this
Act.
(2) Third party testing requirement.--Section 14(2) (15 U.S.C.
2063(2)) is further amended by redesignating paragraph (2) as
paragraph (4) and inserting after paragraph (1) the following:
``(2) Third party testing requirement.--Effective on the dates
provided in paragraph (3), before importing for consumption or
warehousing or distributing in commerce any children's product that
is subject to a children's product safety rule, every manufacturer
of such children's product (and the private labeler of such
children's product if such children's product bears a private
label) shall--
``(A) submit sufficient samples of the children's product,
or samples that are identical in all material respects to the
product, to a third party conformity assessment body accredited
under paragraph (3) to be tested for compliance with such
children's product safety rule; and
``(B) based on such testing, issue a certificate that
certifies that such children's product complies with the
children's product safety rule based on the assessment of a
third party conformity assessment body accredited to conduct
such tests.
A manufacturer or private labeler shall issue either a separate
certificate for each children's product safety rule applicable to a
product or a combined certificate that certifies compliance with
all applicable children's product safety rules, in which case each
such rule shall be specified.
``(3) Schedule for implementation of third party testing.--
``(A) General application.--Except as provided under
subparagraph (F), the requirements of paragraph (2) shall apply
to any children's product manufactured more than 90 days after
the Commission has established and published notice of the
requirements for accreditation of third party conformity
assessment bodies to assess conformity with a children's
product safety rule to which such children's product is
subject.
``(B) Time line for accreditation.--
``(i) Lead paint.--Not later than 30 days after the
date of enactment of the Consumer Product Safety
Improvement Act of 2008, the Commission shall publish
notice of the requirements for accreditation of third party
conformity assessment bodies to assess conformity with part
1303 of title 16, Code of Federal Regulations.
``(ii) Full-size cribs; non full-size cribs;
pacifiers.--Not later than 60 days after the date of
enactment of the Consumer Product Safety Improvement Act of
2008, the Commission shall publish notice of the
requirements for accreditation of third party conformity
assessment bodies to assess conformity with parts 1508,
1509, and 1511 of such title.
``(iii) Small parts.--Not later than 90 days after the
date of enactment of the Consumer Product Safety
Improvement Act of 2008, the Commission shall publish
notice of the requirements for accreditation of third party
conformity assessment bodies to assess conformity with part
1501 of such title.
``(iv) Children's metal jewelry.--Not later than 120
days after the date of enactment of the Consumer Product
Safety Improvement Act of 2008, the Commission shall
publish notice of the requirements for accreditation of
third party conformity assessment bodies to assess
conformity with the requirements of section 101(a)(2) of
such Act with respect to children's metal jewelry.
``(v) Baby bouncers, walkers, and jumpers.--Not later
than 210 days after the date of enactment of the Consumer
Product Safety Improvement Act of 2008, the Commission
shall publish notice of the requirements for accreditation
of third party conformity assessment bodies to assess
conformity with parts 1500.18(a)(6) and 1500.86(a) of such
title.
``(vi) All other children's product safety rules.--The
Commission shall publish notice of the requirements for
accreditation of third party conformity assessment bodies
to assess conformity with other children's product safety
rules at the earliest practicable date, but in no case
later than 10 months after the date of enactment of the
Consumer Product Safety Improvement Act of 2008, or, in the
case of children's product safety rules established or
revised 1 year or more after such date of enactment, not
later than 90 days before such rules or revisions take
effect.
``(C) Accreditation.--Accreditation of third party
conformity assessment bodies pursuant to the requirements
established under subparagraph (B) may be conducted either by
the Commission or by an independent accreditation organization
designated by the Commission.
``(D) Periodic review.--The Commission shall periodically
review and revise the accreditation requirements established
under subparagraph (B) to ensure that the requirements assure
the highest conformity assessment body quality that is
feasible.
``(E) Publication of accredited entities.--The Commission
shall maintain on its Internet website an up-to-date list of
entities that have been accredited to assess conformity with
children's product safety rules in accordance with the
requirements published by the Commission under this paragraph.
``(F) Extension.--If the Commission determines that an
insufficient number of third party conformity assessment bodies
have been accredited to permit certification for a children's
product safety rule under the accelerated schedule required by
this paragraph, the Commission may extend the deadline for
certification to such rule by not more than 60 days.
``(G) Rulemaking.--Until the date that is 3 years after the
Consumer Product Safety Improvement Act of 2008, Commission
proceedings under this paragraph shall be exempt from the
requirements of sections 553 and 601 through 612 of title 5,
United States Code.''.
(3) Conforming amendments.--Section 14(a)(4) (15 U.S.C.
2063(a)(4)), as redesignated by paragraph (2) of this subsection,
is amended--
(A) by striking ``required by paragraph (1) of this
subsection'' and inserting ``required under paragraph (1), (2),
or (3)''; and
(B) by striking ``requirement under paragraph (1)'' and
inserting ``requirement under paragraph (1), (2), or (3)''.
(b) Additional Requirements; Definitions.--Section 14 (15 U.S.C.
2063) is further amended by adding at the end the following:
``(d) Additional Regulations for Third Party Testing.--
``(1) Audit.--Not later than 10 months after the date of
enactment of the Consumer Product Safety Improvement Act of 2008,
the Commission shall by regulation establish requirements for the
periodic audit of third party conformity assessment bodies as a
condition for the continuing accreditation of such conformity
assessment bodies under subsection (a)(3)(C).
``(2) Compliance; continuing testing.--Not later than 15 months
after the date of enactment of the Consumer Product Safety
Improvement Act of 2008, the Commission shall by regulation--
``(A) initiate a program by which a manufacturer or private
labeler may label a consumer product as complying with the
certification requirements of subsection (a); and
``(B) establish protocols and standards--
``(i) for ensuring that a children's product tested for
compliance with an applicable children's product safety
rule is subject to testing periodically and when there has
been a material change in the product's design or
manufacturing process, including the sourcing of component
parts;
``(ii) for the testing of random samples to ensure
continued compliance;
``(iii) for verifying that a children's product tested
by a conformity assessment body complies with applicable
children's product safety rules; and
``(iv) for safeguarding against the exercise of undue
influence on a third party conformity assessment body by a
manufacturer or private labeler.
``(e) Withdrawal of Accreditation.--
``(1) In general.--The Commission may withdraw its
accreditation or its acceptance of the accreditation of a third
party conformity assessment body accredited under this section if
the Commission finds, after notice and investigation, that--
``(A) a manufacturer, private labeler, or governmental
entity has exerted undue influence on such conformity
assessment body or otherwise interfered with or compromised the
integrity of the testing process with respect to the
certification of a children's product under this section; or
``(B) such conformity assessment body failed to comply with
an applicable protocol, standard, or requirement established by
the Commission under subsection (d).
``(2) Procedure.--In any proceeding to withdraw the
accreditation of a conformity assessment body, the Commission--
``(A) shall consider the gravity of the conformity
assessment body's action or failure to act, including--
``(i) whether the action or failure to act resulted in
injury, death, or the risk of injury or death;
``(ii) whether the action or failure to act constitutes
an isolated incident or represents a pattern or practice;
and
``(iii) whether and when the conformity assessment body
initiated remedial action; and
``(B) may--
``(i) withdraw its acceptance of the accreditation of
the conformity assessment body on a permanent or temporary
basis; and
``(ii) establish requirements for reaccreditation of
the conformity assessment body.
``(3) Failure to cooperate.--The Commission may suspend the
accreditation of a conformity assessment body if it fails to
cooperate with the Commission in an investigation under this
section.
``(f) Definitions.--In this section:
``(1) Children's product safety rule.--The term `children's
product safety rule' means a consumer product safety rule under
this Act or similar rule, regulation, standard, or ban under any
other Act enforced by the Commission, including a rule declaring a
consumer product to be a banned hazardous product or substance.
``(2) Third party conformity assessment body.--
``(A) In general.--The term `third party conformity
assessment body' means a conformity assessment body that,
except as provided in subparagraph (D), is not owned, managed,
or controlled by the manufacturer or private labeler of a
product assessed by such conformity assessment body.
``(B) Governmental participation.--Such term may include an
entity that is owned or controlled in whole or in part by a
government if--
``(i) to the extent practicable, manufacturers or
private labelers located in any nation are permitted to
choose conformity assessment bodies that are not owned or
controlled by the government of that nation;
``(ii) the entity's testing results are not subject to
undue influence by any other person, including another
governmental entity;
``(iii) the entity is not accorded more favorable
treatment than other third party conformity assessment
bodies in the same nation who have been accredited under
this section;
``(iv) the entity's testing results are accorded no
greater weight by other governmental authorities than those
of other third party conformity assessment bodies
accredited under this section; and
``(v) the entity does not exercise undue influence over
other governmental authorities on matters affecting its
operations or on decisions by other governmental
authorities controlling distribution of products based on
outcomes of the entity's conformity assessments.
``(C) Testing and certification of art materials and
products.--A certifying organization (as defined in appendix A
to section 1500.14(b)(8) of title 16, Code of Federal
Regulations (or any successor regulation or ruling)) meets the
requirements of subparagraph (A) with respect to the
certification of art material and art products required under
this section or by regulations prescribed under the Federal
Hazardous Substances Act (15 U.S.C. 1261 et seq.).
``(D) Firewalled conformity assessment bodies.--Upon
request, the Commission may accredit a conformity assessment
body that is owned, managed, or controlled by a manufacturer or
private labeler as a third party conformity assessment body if
the Commission by order finds that--
``(i) accreditation of the conformity assessment body
would provide equal or greater consumer safety protection
than the manufacturer's or private labeler's use of an
independent third party conformity assessment body; and
``(ii) the conformity assessment body has established
procedures to ensure that--
``(I) its test results are protected from undue
influence by the manufacturer, private labeler or other
interested party;
``(II) the Commission is notified immediately of
any attempt by the manufacturer, private labeler or
other interested party to hide or exert undue influence
over test results; and
``(III) allegations of undue influence may be
reported confidentially to the Commission.
``(g) Requirements for Certificates.--
``(1) Identification of issuer and conformity assessment
body.--Every certificate required under this section shall identify
the manufacturer or private labeler issuing the certificate and any
third party conformity assessment body on whose testing the
certificate depends. The certificate shall include, at a minimum,
the date and place of manufacture, the date and place where the
product was tested, each party's name, full mailing address,
telephone number, and contact information for the individual
responsible for maintaining records of test results.
``(2) English language.--Every certificate required under this
section shall be legible and all content required by this section
shall be in the English language. A certificate may also contain
the same content in any other language.
``(3) Availability of certificates.--Every certificate required
under this section shall accompany the applicable product or
shipment of products covered by the same certificate and a copy of
the certificate shall be furnished to each distributor or retailer
of the product. Upon request, the manufacturer or private labeler
issuing the certificate shall furnish a copy of the certificate to
the Commission.
``(4) Electronic filing of certificates for imported
products.--In consultation with the Commissioner of Customs, the
Commission may, by rule, provide for the electronic filing of
certificates under this section up to 24 hours before arrival of an
imported product. Upon request, the manufacturer or private labeler
issuing the certificate shall furnish a copy to the Commission and
to the Commissioner of Customs.
``(h) Rule of Construction.--Compliance of any children's product
with third party testing and certification or general conformity
certification requirements under this section shall not be construed to
exempt such children's product from any requirement that such product
actually be in conformity with all applicable rules, regulation,
standards, or ban under any Act enforced by the Commission.''.
(c) CPSC Consideration of Existing Requirements.--In establishing
standards for accreditation of a third party conformity assessment body
under section 14(a)(3) of the Consumer Product Safety Act, as added by
subsection (a), the Commission may consider standards and protocols for
accreditation of such conformity assessment bodies by independent
accreditation organizations that are in effect on the date of enactment
of this Act, but shall ensure that the protocols, standards, and
requirements prescribed under such section 14(a)(3) incorporate, as the
standard for accreditation, the most current scientific and
technological standards and techniques available.
(d) Conforming Amendments.--Section 14(b) (15 U.S.C. 2063(b)) is
amended--
(1) by striking ``consumer products which are subject to
consumer product safety standards under this Act'' and inserting
``any product which is subject to a consumer product safety rule
under this Act, or a similar rule, regulation, standard, or ban
under any other Act enforced by the Commission,''; and
(2) by striking ``or testing programs.'' and inserting ``,
unless the Commission, by rule, requires testing by an independent
third party for a particular rule, regulation, standard, or ban, or
for a particular class of products.''.

e4b1f5004f5be6c4802ac217963b16575b07bd67c21c417ac6e8186994fb25b5

(a) In General.--Section 14(a) (15 U.S.C. 2063(a)), as amended by
section 102 of this Act, is further amended by adding at the end the
following:
``(5) Effective 1 year after the date of enactment of the Consumer
Product Safety Improvement Act of 2008, the manufacturer of a
children's product shall place permanent, distinguishing marks on the
product and its packaging, to the extent practicable, that will
enable--
``(A) the manufacturer to ascertain the location and date of
production of the product, cohort information (including the batch,
run number, or other identifying characteristic), and any other
information determined by the manufacturer to facilitate
ascertaining the specific source of the product by reference to
those marks; and
``(B) the ultimate purchaser to ascertain the manufacturer or
private labeler, location and date of production of the product,
and cohort information (including the batch, run number, or other
identifying characteristic).''.
(b) Label Information.--Section 14(c) (15 U.S.C. 2063(c)) is
amended by redesignating paragraphs (2) and (3) as paragraphs (3) and
(4) and by inserting after paragraph (1) the following:
``(2) The cohort information (including the batch, run number,
or other identifying characteristic) of the product.''.
(c) Advertising, Labeling, and Packaging Representation.--Section
14 (15 U.S.C. 2063) is further amended by adding at the end the
following:
``(d) Requirement for Advertisements.--No advertisement for a
consumer product or label or packaging of such product may contain a
reference to a consumer product safety rule or a voluntary consumer
product safety standard unless such product conforms with the
applicable safety requirements of such rule or standard.''.

86000d00b09dcf0beb02b171eaedff46be48ba9d362545ed507109af4fca0232

PRODUCTS.
(a) Short Title.--This section may be cited as the ``Danny Keysar
Child Product Safety Notification Act''.
(b) Safety Standards.--
(1) In general.--The Commission shall--
(A) in consultation with representatives of consumer
groups, juvenile product manufacturers, and independent child
product engineers and experts, examine and assess the
effectiveness of any voluntary consumer product safety
standards for durable infant or toddler products; and
(B) in accordance with section 553 of title 5, United
States Code, promulgate consumer product safety standards
that--
(i) are substantially the same as such voluntary
standards; or
(ii) are more stringent than such voluntary standards,
if the Commission determines that more stringent standards
would further reduce the risk of injury associated with
such products.
(2) Timetable for rulemaking.--Not later than 1 year after the
date of enactment of this Act, the Commission shall commence the
rulemaking required under paragraph (1) and shall promulgate
standards for no fewer than 2 categories of durable infant or
toddler products every 6 months thereafter, beginning with the
product categories that the Commission determines to be of highest
priority, until the Commission has promulgated standards for all
such product categories. Thereafter, the Commission shall
periodically review and revise the standards set forth under this
subsection to ensure that such standards provide the highest level
of safety for such products that is feasible.
(3) Judicial review.--Any person adversely affected by such
standards may file a petition for review under the procedures set
forth in section 11(g) of the Consumer Product Safety Act (15
U.S.C. 2060(g)), as added by section 236 of this Act.
(c) Cribs.--
(1) In general.--It shall be a violation of section 19(a)(1) of
the Consumer Product Safety Act (15 U.S.C. 2068(a)(1)) for any
person to which this subsection applies to manufacture, sell,
contract to sell or resell, lease, sublet, offer, provide for use,
or otherwise place in the stream of commerce a crib that is not in
compliance with a standard promulgated under subsection (b).
(2) Persons to which subsection applies.--This subsection
applies to any person that--
(A) manufactures, distributes in commerce, or contracts to
sell cribs;
(B) based on the person's occupation, holds itself out as
having knowledge or skill peculiar to cribs, including child
care facilities and family child care homes;
(C) is in the business of contracting to sell or resell,
lease, sublet, or otherwise place cribs in the stream of
commerce; or
(D) owns or operates a place of public accommodation
affecting commerce (as defined in section 4 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2203) applied
without regard to the phrase ``not owned by the Federal
Government'').
(3) Crib defined.--In this subsection, the term ``crib''
includes--
(A) new and used cribs;
(B) full-sized or nonfull-sized cribs; and
(C) portable cribs and crib-pens.
(d) Consumer Registration Requirement.--
(1) Rulemaking.--Notwithstanding any provision of chapter 6 of
title 5, United States Code, or the Paperwork Reduction Act of 1980
(44 U.S.C. 3501 et seq.), not later than 1 year after the date of
enactment of this Act, the Commission shall, pursuant to its
authority under section 16(b) of the Consumer Product Safety Act
(15 U.S.C. 2065(b)), promulgate a final consumer product safety
rule to require each manufacturer of a durable infant or toddler
product--
(A) to provide consumers with a postage-paid consumer
registration form with each such product;
(B) to maintain a record of the names, addresses, e-mail
addresses, and other contact information of consumers who
register their ownership of such products with the manufacturer
in order to improve the effectiveness of manufacturer campaigns
to recall such products; and
(C) to permanently place the manufacturer name and contact
information, model name and number, and the date of manufacture
on each durable infant or toddler product.
(2) Requirements for registration form.--The registration form
required to be provided to consumers under paragraph (1) shall--
(A) include spaces for a consumer to provide the consumer's
name, address, telephone number, and e-mail address;
(B) include space sufficiently large to permit easy,
legible recording of all desired information;
(C) be attached to the surface of each durable infant or
toddler product so that, as a practical matter, the consumer
must notice and handle the form after purchasing the product;
(D) include the manufacturer's name, model name and number
for the product, and the date of manufacture;
(E) include a message explaining the purpose of the
registration and designed to encourage consumers to complete
the registration;
(F) include an option for consumers to register through the
Internet; and
(G) include 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.
In issuing regulations under this section, the Commission may
prescribe the exact text and format of the required registration
form.
(3) Record keeping and notification requirements.--The rules
required under this section shall require each manufacturer of a
durable infant or toddler product to maintain a record of
registrants for each product manufactured that includes all of the
information provided by each consumer registered, and to use such
information to notify such consumers in the event of a voluntary or
involuntary recall of or safety alert regarding such product. Each
manufacturer shall maintain such a record for a period of not less
than 6 years after the date of manufacture of the product. Consumer
information collected by a manufacturer under this Act may not be
used by the manufacturer, nor disseminated by such manufacturer to
any other party, for any purpose other than notification to such
consumer in the event of a product recall or safety alert.
(4) Study.--The Commission shall conduct a study at such time
as it considers appropriate on the effectiveness of the consumer
registration forms required by this section in facilitating product
recalls and whether such registration forms should be required for
other children's products. Not later than 4 years after the date of
enactment of this Act, the Commission shall report its findings to
the appropriate Congressional committees.
(e) Use of Alternative Recall Notification Technology.--
(1) Technology assessment and report.--The Commission shall--
(A) beginning 2 years after a rule is promulgated under
subsection (d), regularly review recall notification technology
and assess the effectiveness of such technology in facilitating
recalls of durable infant or toddler products; and
(B) not later than 3 years after the date of enactment of
this Act and periodically thereafter as the Commission
considers appropriate, transmit a report on such assessments to
the appropriate Congressional committees.
(2) Determination.--If, based on the assessment required by
paragraph (1), the Commission determines by rule that a recall
notification technology is likely to be as effective or more
effective in facilitating recalls of durable infant or toddler
products as the registration forms required by subsection (d), the
Commission--
(A) shall submit to the appropriate Congressional
committees a report on such determination; and
(B) shall permit a manufacturer of durable infant or
toddler products to use such technology in lieu of such
registration forms to facilitate recalls of durable infant or
toddler products.
(f) Definition of Durable Infant or Toddler Product.--As used in
this section, the term ``durable infant or toddler product''--
(1) means a durable product intended for use, or that may be
reasonably expected to be used, by children under the age of 5
years; and
(2) includes--
(A) full-size cribs and nonfull-size cribs;
(B) toddler beds;
(C) high chairs, booster chairs, and hook-on chairs;
(D) bath seats;
(E) gates and other enclosures for confining a child;
(F) play yards;
(G) stationary activity centers;
(H) infant carriers;
(I) strollers;
(J) walkers;
(K) swings; and
(L) bassinets and cradles.

4153a4fce05b1fb92f6ec32fe8244c9af19bccb780beffcf8c3a2c41cf191542

Section 24 of the Federal Hazardous Substances Act (15 U.S.C. 1278)
is amended--
(1) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Advertising.--
``(1) Requirement.--
``(A) Cautionary statement.--Any advertisement by a
retailer, manufacturer, importer, distributor, or private
labeler (including advertisements on Internet websites or in
catalogues or other printed materials) that provides a direct
means for the purchase or order of a product for which a
cautionary statement is required under subsection (a) or (b)
shall include the appropriate cautionary statement displayed on
or immediately adjacent to that advertisement, as modified by
regulations issued under paragraph (3).
``(B) Application to retailers.--
``(i) Requirement to inform.--A manufacturer, importer,
distributor, or private labeler that provides such a
product to a retailer shall inform the retailer of any
cautionary statement requirement applicable to the product.
``(ii) Retailer's requirement to inquire.--A retailer
is not in violation of subparagraph (A) if the retailer
requested information from the manufacturer, importer,
distributor, or private labeler as to whether the
cautionary statement required by subparagraph (A) applies
to the product that is the subject of the advertisement and
the manufacturer, importer, distributor, or private labeler
provided false information or did not provide such
information.
``(C) Display.--The cautionary statement required by
subparagraph (A) shall be prominently displayed--
``(i) in the primary language used in the
advertisement;
``(ii) in conspicuous and legible type in contrast by
typography, layout, or color with other material printed or
displayed in such advertisement; and
``(iii) in a manner consistent with part 1500 of title
16, Code of Federal Regulations.
``(D) Definitions.--In this subsection:
``(i) The terms `manufacturer', `distributor', and
`private labeler' have the meaning given those terms in
section 3 of the Consumer Product Safety Act (15 U.S.C.
2052).
``(ii) The term `retailer' has the meaning given that
term in section 3 of the Consumer Product Safety Act (15
U.S.C. 2052), but does not include an individual whose
selling activity is intermittent and does not constitute a
trade or business.
``(2) Effective date.--The requirement in paragraph (1) shall
take effect--
``(A) with respect to advertisements on Internet websites,
120 days after the date of enactment of the Consumer Product
Safety Improvement Act of 2008; and
``(B) with respect to catalogues and other printed
materials, 180 days after such date of enactment.
``(3) Rulemaking.--Notwithstanding any provision of chapter 6
of title 5, United States Code, or the Paperwork Reduction Act of
1980 (44 U.S.C. 3501 et seq.), the Commission shall, not later than
90 days after the date of enactment of the Consumer Product Safety
Improvement Act of 2008, promulgate regulations to effectuate this
section with respect to catalogues and other printed material. The
Commission may, under such regulations, provide a grace period of
no more than 180 days for catalogues and other printed material
printed prior to the effective date of paragraph (1) during which
time distribution of such catalogues and other printed material
shall not be considered a violation of such paragraph. The
Commission may promulgate regulations concerning the size and
placement of the cautionary statement required by paragraph (1) of
this subsection as appropriate relative to the size and placement
of the advertisements in such catalogues and other printed
material. The Commission shall promulgate regulations that clarify
the applicability of these requirements to catalogues and other
printed material distributed solely between businesses and not to
individual consumers.
``(4) Enforcement.--The requirements in paragraph (1) shall be
treated as a consumer product safety standard promulgated under
section 9 of the Consumer Product Safety Act (15 U.S.C. 2056). The
publication or distribution of any advertisement that is not in
compliance with paragraph (1) shall be treated as a prohibited act
under section 19(a)(1) of such Act (15 U.S.C. 2068).''.

97606b25249f973222df90cb14f54242596fb853eef7933e4fd34dad223b7fbc

(a) In General.--Beginning 180 days after the date of enactment of
this Act, the provisions of ASTM International Standard F963-07
Consumer Safety Specifications for Toy Safety (ASTM F963), as it exists
on the date of enactment of this Act (except for section 4.2 and Annex
4 or any provision that restates or incorporates an existing mandatory
standard or ban promulgated by the Commission or by statute) shall be
considered to be consumer product safety standards issued by the
Commission under section 9 of the Consumer Product Safety Act (15
U.S.C. 2058).
(b) Rulemaking for Specific Toys, Components and Risks.--
(1) Evaluation.--Not later than 1 year after the date of
enactment of this Act, the Commission, in consultation with
representatives of consumer groups, juvenile product manufacturers,
and independent child product engineers and experts, shall examine
and assess the effectiveness of ASTM F963 or its successor standard
(except for section 4.2 and Annex 4), as it relates to safety
requirements, safety labeling requirements, and test methods
related to--
(A) internal harm or injury hazards caused by the ingestion
or inhalation of magnets in children's products;
(B) toxic substances;
(C) toys with spherical ends;
(D) hemispheric-shaped objects;
(E) cords, straps, and elastics; and
(F) battery-operated toys.
(2) Rulemaking.--Within 1 year after the completion of the
assessment required by paragraph (1), the Commission shall
promulgate rules in accordance with section 553 of title 5, United
States Code, that--
(A) take into account other children's product safety
rules; and
(B) are more stringent than such standards, if the
Commission determines that more stringent standards would
further reduce the risk of injury of such toys.
(c) Periodic Review.--The Commission shall periodically review and
revise the rules set forth under this section to ensure that such rules
provide the highest level of safety for such products that is feasible.
(d) Consideration of Remaining ASTM Standards.--After promulgating
the rules required by subsection (b), the Commission shall--
(1) in consultation with representatives of consumer groups,
juvenile product manufacturers, and independent child product
engineers and experts, examine and assess the effectiveness of ASTM
F963 (and alternative health protective requirements to prevent or
minimize flammability of children's products) or its successor
standard, and shall assess the adequacy of such standards in
protecting children from safety hazards; and
(2) in accordance with section 553 of title 5, United States
Code, promulgate consumer product safety rules that--
(A) take into account other children's product safety
rules; and
(B) are more stringent than such standards, if the
Commission determines that more stringent standards would
further reduce the risk of injury associated with such toys.
(e) Prioritization.--The Commission shall promulgate rules
beginning with the product categories that the Commission determines to
be of highest priority, until the Commission has promulgated standards
for all such product categories.
(f) Treatment as Consumer Product Safety Standards.--Rules issued
under this section shall be considered consumer product safety
standards issued by the Commission under section 9 of the Consumer
Product Safety Act (15 U.S.C. 2058).
(g) Revisions.--If ASTM International (or its successor entity)
proposes to revise ASTM F963-07, or a successor standard, it shall
notify the Commission of the proposed revision. The Commission shall
incorporate the revision or a section of the revision into the consumer
product safety rule. The revised standard shall be considered to be a
consumer product safety standard issued by the Consumer Product Safety
Commission under section 9 of the Consumer Product Safety Act (15
U.S.C. 2058), effective 180 days after the date on which ASTM
International notifies the Commission of the revision unless, within 90
days after receiving that notice, the Commission notifies ASTM
International that it has determined that the proposed revision does
not improve the safety of the consumer product covered by the standard.
If the Commission so notifies ASTM International with respect to a
proposed revision of the standard, the existing standard shall continue
to be considered to be a consumer product safety rule without regard to
the proposed revision.
(h) Rulemaking to Consider Exemption From Preemption.--
(1) Exemption of state law from preemption.--Upon application
of a State or political subdivision of a State, the Commission
shall, after notice and opportunity for oral presentation of views,
consider a rulemaking to exempt from the provisions of section
26(a) of the Consumer Product Safety Act (under such conditions as
it may impose in the rule) any proposed safety standard or
regulation which is described in such application and which is
designed to protect against a risk of injury associated with a
children's product subject to the consumer product safety standards
described in subsection (a) or any rule promulgated under this
section. The Commission shall grant such an exemption if the State
or political subdivision standard or regulation--
(A) provides a significantly higher degree of protection
from such risk of injury than the consumer product safety
standard or rule under this section; and
(B) does not unduly burden interstate commerce.
In determining the burden, if any, of a State or political
subdivision standard or regulation on interstate commerce, the
Commission shall consider and make appropriate (as determined by
the Commission in its discretion) findings on the technological and
economic feasibility of complying with such standard or regulation,
the cost of complying with such standard or regulation, the
geographic distribution of the consumer product to which the
standard or regulation would apply, the probability of other States
or political subdivisions applying for an exemption under this
subsection for a similar standard or regulation, and the need for a
national, uniform standard under this Act for such consumer
product.
(2) Effect of standards on established state laws.--Nothing in
this section or in section 26 of the Consumer Product Safety Act
(15 U.S.C. 2075) shall prevent a State or political subdivision of
a State from continuing in effect a safety requirement applicable
to a toy or other children's product that is designed to deal with
the same risk of injury as the consumer product safety standards
established by this section and that is in effect on the day before
the date of enactment of this Act, if such State or political
subdivision has filed such requirement with the Commission within
90 days after the date of enactment of this Act, in such form and
in such manner as the Commission may require.
(i) Judicial Review.--The issuance of any rule under this section
is subject to judicial review as provided in section 11(g) of the
Consumer Product Safety Act (15 U.S.C. 2060(g)), as added by section
236 of this Act.

167d63762b984d40ca1f79e13647830b61aed4d8dda49199340ce34d2111685b

CHILDREN RELATED TO CONSUMER PRODUCTS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Comptroller General shall initiate a study, by the
Government Accountability Office or by contract through an independent
entity, to assess disparities in the risks and incidence of preventable
injuries and deaths among children of minority populations, including
Black, Hispanic, American Indian, Alaska Native, Native Hawaiian, and
Asian/Pacific Islander children in the United States. The Comptroller
General shall consult with the Commission as necessary.
(b) Requirements.--The study shall examine the racial disparities
of the rates of preventable injuries and deaths related to suffocation,
poisonings, and drownings, including those associated with the use of
cribs, mattresses and bedding materials, swimming pools and spas, and
toys and other products intended for use by children.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall report the findings to the
appropriate Congressional committees. The report shall include--
(1) the Comptroller General's findings on the incidence of
preventable risks of injuries and deaths among children of minority
populations and recommendations for minimizing such risks;
(2) recommendations for public outreach, awareness, and
prevention campaigns specifically aimed at racial minority
populations; and
(3) recommendations for education initiatives that may reduce
statistical disparities.

f495c8beae33627fbc819b35bab120f25a6112aa6b7dd2c6a2608a5296502e3a

SPECIFIED PHTHALATES.
(a) Prohibition on the Sale of Certain Products Containing
Phthalates.--Beginning on the date that is 180 days after the date of
enactment of this Act, it shall be unlawful for any person to
manufacture for sale, offer for sale, distribute in commerce, or import
into the United States any children's toy or child care article that
contains concentrations of more than 0.1 percent of di-(2-ethylhexyl)
phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate
(BBP).
(b) Prohibition on the Sale of Additional Products Containing
Certain Phthalates.--
(1) Interim prohibition.--Beginning on the date that is 180
days after the date of enactment of this Act and until a final rule
is promulgated under paragraph (3), it shall be unlawful for any
person to manufacture for sale, offer for sale, distribute in
commerce, or import into the United States any children's toy that
can be placed in a child's mouth or child care article that
contains concentrations of more than 0.1 percent of diisononyl
phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl
phthalate (DnOP).
(2) Chronic hazard advisory panel.--
(A) Appointment.--Not earlier than 180 days after the date
of enactment of this Act, the Commission shall begin the
process of appointing a Chronic Hazard Advisory Panel pursuant
to the procedures of section 28 of the Consumer Product Safety
Act (15 U.S.C. 2077) to study the effects on children's health
of all phthalates and phthalate alternatives as used in
children's toys and child care articles.
(B) Examination.--The panel shall, within 18 months after
its appointment under subparagraph (A), complete an examination
of the full range of phthalates that are used in products for
children and shall--
(i) examine all of the potential health effects
(including endocrine disrupting effects) of the full range
of phthalates;
(ii) consider the potential health effects of each of
these phthalates both in isolation and in combination with
other phthalates;
(iii) examine the likely levels of children's, pregnant
women's, and others' exposure to phthalates, based on a
reasonable estimation of normal and foreseeable use and
abuse of such products;
(iv) consider the cumulative effect of total exposure
to phthalates, both from children's products and from other
sources, such as personal care products;
(v) review all relevant data, including the most
recent, best-available, peer-reviewed, scientific studies
of these phthalates and phthalate alternatives that employ
objective data collection practices or employ other
objective methods;
(vi) consider the health effects of phthalates not only
from ingestion but also as a result of dermal, hand-to-
mouth, or other exposure;
(vii) consider the level at which there is a reasonable
certainty of no harm to children, pregnant women, or other
susceptible individuals and their offspring, considering
the best available science, and using sufficient safety
factors to account for uncertainties regarding exposure and
susceptibility of children, pregnant women, and other
potentially susceptible individuals; and
(viii) consider possible similar health effects of
phthalate alternatives used in children's toys and child
care articles.
The panel's examinations pursuant to this paragraph shall be
conducted de novo. The findings and conclusions of any previous
Chronic Hazard Advisory Panel on this issue and other studies
conducted by the Commission shall be reviewed by the panel but
shall not be considered determinative.
(C) Report.--Not later than 180 days after completing its
examination, the panel appointed under subparagraph (A) shall
report to the Commission the results of the examination
conducted under this section and shall make recommendations to
the Commission regarding any phthalates (or combinations of
phthalates) in addition to those identified in subsection (a)
or phthalate alternatives that the panel determines should be
declared banned hazardous substances.
(3) Permanent prohibition by rule.--Not later than 180 days
after receiving the report of the panel under paragraph (2)(C), the
Commission shall, pursuant to section 553 of title 5, United States
Code, promulgate a final rule to--
(A) determine, based on such report, whether to continue in
effect the prohibition under paragraph (1), in order to ensure
a reasonable certainty of no harm to children, pregnant women,
or other susceptible individuals with an adequate margin of
safety; and
(B) evaluate the findings and recommendations of the
Chronic Hazard Advisory Panel and declare any children's
product containing any phthalates to be a banned hazardous
product under section 8 of the Consumer Product Safety Act (15
U.S.C. 2057), as the Commission determines necessary to protect
the health of children.
(c) Treatment of Violation.--A violation of subsection (a) or
(b)(1) or any rule promulgated by the Commission under subsection
(b)(3) shall be treated as a violation of section 19(a)(1) of the
Consumer Product Safety Act (15 U.S.C. 2068(a)(1)).
(d) Treatment as Consumer Product Safety Standards; Effect on State
Laws.--Subsections (a) and (b)(1) and any rule promulgated under
subsection (b)(3) shall be considered consumer product safety standards
under the Consumer Product Safety Act. Nothing in this section or the
Consumer Product Safety Act (15 U.S.C. 2051 et seq.) shall be construed
to preempt or otherwise affect any State requirement with respect to
any phthalate alternative not specifically regulated in a consumer
product safety standard under the Consumer Product Safety Act.
(e) Definitions.--
(1) Defined terms.--As used in this section:
(A) The term ``phthalate alternative'' means any common
substitute to a phthalate, alternative material to a phthalate,
or alternative plasticizer.
(B) The term ``children's toy'' means a consumer product
designed or intended by the manufacturer for a child 12 years
of age or younger for use by the child when the child plays.
(C) The term ``child care article'' means a consumer
product designed or intended by the manufacturer to facilitate
sleep or the feeding of children age 3 and younger, or to help
such children with sucking or teething.
(D) The term ``consumer product'' has the meaning given
such term in section 3(a)(1) of the Consumer Product Safety Act
(15 U.S.C. 2052(a)(1)).
(2) Determination guidelines.--
(A) Age.--In determining whether products described in
paragraph (1) are designed or intended for use by a child of
the ages specified, the following factors shall be considered:
(i) A statement by a manufacturer about the intended
use of such product, including a label on such product if
such statement is reasonable.
(ii) Whether the product is represented in its
packaging, display, promotion, or advertising as
appropriate for use by children of the ages specified.
(iii) Whether the product is commonly recognized by
consumers as being intended for use by a child of the ages
specified.
(iv) The Age Determination guidelines issued by the
Commission staff in September 2002 and any successor to
such guidelines.
(B) Toy that can be placed in a child's mouth.-- For
purposes of this section a toy can be placed in a child's mouth
if any part of the toy can actually be brought to the mouth and
kept in the mouth by a child so that it can be sucked and
chewed. If the children's product can only be licked, it is not
regarded as able to be placed in the mouth. If a toy or part of
a toy in one dimension is smaller than 5 centimeters, it can be
placed in the mouth.
Subtitle A--Administrative Improvements

2493455f2f8da41978e0fcde5d361277eaa7b9285d3cd16d0e2199c2ab0a1f5b

(a) Authorization of Appropriations.--Subsection (a) of section 32
(15 U.S.C. 2081) is amended to read as follows:
``(a) General Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated to
the Commission for the purpose of carrying out the provisions of
this Act and any other provision of law the Commission is
authorized or directed to carry out--
``(A) $118,200,000 for fiscal year 2010;
``(B) $115,640,000 for fiscal year 2011;
``(C) $123,994,000 for fiscal year 2012;
``(D) $131,783,000 for fiscal year 2013; and
``(E) $136,409,000 for fiscal year 2014.
``(2) Travel allowance.--From amounts appropriated pursuant to
paragraph (1), there shall be made available $1,200,000 for fiscal
year 2010, $1,248,000 for fiscal year 2011, $1,297,000 for fiscal
year 2012, $1,350,000 for fiscal year 2013, and $1,403,000 for
fiscal year 2014, for travel, subsistence, and related expenses
incurred in furtherance of the official duties of Commissioners and
employees with respect to attendance at meetings or similar
functions, which shall be used by the Commission for such purposes
in lieu of acceptance of payment or reimbursement for such expenses
from any person--
``(A) seeking official action from, doing business with, or
conducting activities regulated by, the Commission; or
``(B) whose interests may be substantially affected by the
performance or nonperformance of the Commissioner's or
employee's official duties.''.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Commission shall transmit to the appropriate
Congressional committees a report of its plans to allocate the funding
authorized by subsection (a). Such report shall include--
(1) the number of full-time investigators and other full-time
equivalents the Commission intends to employ;
(2) efforts by the Commission to develop standards for training
product safety inspectors and technical staff employed by the
Commission;
(3) efforts and policies of the Commission to encourage
Commission scientific staff to seek appropriate publishing
opportunities in peer-reviewed journals and other media; and
(4) the efforts of the Commission to reach and educate
retailers of second-hand products and informal sellers, such as
thrift shops and yard sales, concerning consumer product safety
rules and product recalls, especially those relating to durable
nursery products, in order to prevent the resale of any products
that have been recalled, including the development of educational
materials for distribution not later than 1 year after the date of
enactment of this Act.
(c) Conforming Amendments.--Section 32 (15 U.S.C. 2081) is further
amended by striking subsection (b) and redesignating subsection (c) as
subsection (b) and inserting after such subsection designation the
following: ``Limitation.--''.

21faeb05a5be5309d668c7683c8ac55aa08110bbc308c44ff951a28b3519c7f8

(a) Temporary Quorum.--Notwithstanding section 4(d) of the Consumer
Product Safety Act (15 U.S.C. 2053(d)), 2 members of the Commission, if
they are not affiliated with the same political party, shall constitute
a quorum for the transaction of business for the 1 year period
beginning on the date of enactment of this Act.
(b) Repeal of Quorum Limitation.--
(1) Repeal.--Title III of Public Law 102-389 is amended by
striking the first proviso in the item captioned ``Consumer Product
Safety Commission, Salaries and Expenses'' (15 U.S.C. 2053 note).
(2) Effective date.--The amendment made by paragraph (1) shall
take effect 1 year after the date of enactment of this Act.
(c) Personnel.--
(1) Professional staff.--The Commission shall increase the
number of full-time personnel employed by the Commission to at
least 500 by October 1, 2013, subject to the availability of
appropriations.
(2) Ports of entry; overseas inspectors.--As part of the 500
full-time employees required by paragraph (1), the Commission shall
hire personnel to be assigned to duty stations at United States
ports of entry, or to inspect overseas manufacturing facilities,
subject to the availability of appropriations.

1070fa4baa0ba23e545c16208ae07d1322aeffc3dc6424d3f3a4c26bb4b35231

(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 (15 U.S.C. 2076(k))
with respect to budget recommendations, legislative recommendations,
testimony, and comments on legislation submitted by the Commission to
the President or the Office of Management and Budget after the date of
enactment of this Act.
(b) Reinstatement of Requirement.--Section 3003(d) of Public Law
104-66 (31 U.S.C. 1113 note) is amended--
(1) by striking ``or'' after the semicolon in paragraph (31);
(2) by redesignating paragraph (32) as (33); and
(3) by inserting after paragraph (31) the following:
``(32) section 27(k) of the Consumer Product Safety Act (15
U.S.C. 2076(k)); or''.

43325f933345c97a6a6421e0c9665a82c222e42e0a3823f81f22c0f22969795f

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

e2b431d1ba2dfe6ea722c15ab996a5afc45db6bff2c69582fa111c826aeaef1e

(a) Improvements by the Commission.--The Inspector General of the
Commission shall conduct reviews and audits to assess--
(1) the Commission's capital improvement efforts, including
improvements and upgrades of the Commission's information
technology architecture and systems and the development of the
database of publicly available information on incidents involving
injury or death required under section 6A of the Consumer Product
Safety Act, as added by section 212 of this Act; and
(2) the adequacy of procedures for accrediting conformity
assessment bodies as authorized by section 14(a)(3) of the Consumer
Product Safety Act (15 U.S.C. 2063(a)(3)), as amended by this Act,
and overseeing the third party testing required by such section.
(b) Employee Complaints.--Within 1 year after the date of enactment
of this Act, the Inspector General shall conduct a review of--
(1) complaints received by the Inspector General from employees
of the Commission about failures of other employees to enforce the
rules or regulations of the Consumer Product Safety Act or any
other Act enforced by the Commission or otherwise carry out their
responsibilities under such Acts if such alleged failures raise
issues of conflicts of interest, ethical violations, or the absence
of good faith; and
(2) actions taken by the Commission to address such failures
and complaints, including an assessment of the timeliness and
effectiveness of such actions.
(c) Public Internet Website Links.--Not later than 30 days after
the date of enactment of this Act, the Commission shall establish and
maintain--
(1) a direct link on the homepage of its Internet website to
the Internet webpage of the Commission's Office of Inspector
General; and
(2) a mechanism on the webpage of the Commission's Office of
Inspector General by which individuals may anonymously report cases
of waste, fraud, or abuse with respect to the Commission.
(d) Reports.--
(1) Activities and needs of inspector general.--Not later than
60 days after the date of enactment of this Act, the Inspector
General of the Commission shall transmit a report to the
appropriate Congressional committees on the activities of the
Inspector General, any structural barriers which prevent the
Inspector General from providing robust oversight of the activities
of the Commission, and any additional authority or resources that
would facilitate more effective oversight.
(2) Reviews of improvements and employee complaints.--Beginning
for fiscal year 2010, the Inspector General of the Commission shall
include in an annual report to the appropriate Congressional
committees the Inspector General's findings, conclusions, and
recommendations from the reviews and audits under subsections (a)
and (b).

6336dc7e62385d8c968658a927d467045da231a6941b9839cc9d6c1a6ff66141

(a) In General.--The Act (15 U.S.C. 1251 et seq.) is amended by
adding at the end the following new section:
``SEC. 39. PROHIBITION ON INDUSTRY-SPONSORED TRAVEL.
``Notwithstanding section 1353 of title 31, United States Code, and
section 27(b)(6) of this Act, no Commissioner or employee of the
Commission shall accept travel, subsistence, or related expenses with
respect to attendance by a Commissioner or employee at any meeting or
similar function relating to official duties of a Commissioner or an
employee, from a person--
``(1) seeking official action from, doing business with, or
conducting activities regulated by, the Commission; or
``(2) whose interests may be substantially affected by the
performance or nonperformance of the Commissioner's or employee's
official duties.''.
(b) Clerical Amendment.--The table of contents in section 1 (15
U.S.C. 2051 note) is amended by inserting at the end the following:
``Sec. 39. Prohibition on industry-sponsored travel.''.

fa9be95f96d9191dd9c49f543a2e939e4660a53a18d853f828dbb85a2ad96663

FOREIGN GOVERNMENT AGENCIES.
Section 29 (15 U.S.C. 2078) is amended by adding at the end the
following:
``(f) Sharing of Information With Federal, State, Local, and
Foreign Government Agencies.--
``(1) Agreements and conditions.--Notwithstanding the
requirements of subsections (a)(3) and (b) of section 6, relating
to public disclosure of information, the Commission may make
information obtained by the Commission available to any Federal,
State, local, or foreign government agency upon the prior
certification of an appropriate official of any such agency, either
by a prior agreement or memorandum of understanding with the
Commission or by other written certification, that such material
will be maintained in confidence and will be used only for official
law enforcement or consumer protection purposes, if--
``(A) the agency has set forth a bona fide legal basis for
its authority to maintain the material in confidence;
``(B) the materials are to be used for purposes of
investigating, or engaging in enforcement proceedings related
to, possible violations of--
``(i) laws regulating the manufacture, importation,
distribution, or sale of defective or unsafe consumer
products, or other practices substantially similar to
practices prohibited by any law administered by the
Commission;
``(ii) a law administered by the Commission, if
disclosure of the material would further a Commission
investigation or enforcement proceeding; or
``(iii) with respect to a foreign law enforcement
agency, with the approval of the Attorney General, other
foreign criminal laws, if such foreign criminal laws are
offenses defined in or covered by a criminal mutual legal
assistance treaty in force between the government of the
United States and the foreign law enforcement agency's
government; and
``(C) in the case of a foreign government agency, such
agency is not from a foreign state that the Secretary of State
has determined, in accordance with section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)), has
repeatedly provided support for acts of international
terrorism, unless and until such determination is rescinded
pursuant to section 6(j)(4) of that Act (50 U.S.C. App.
2405(j)(4)).
``(2) Abrogation of agreements.--The Commission may abrogate
any agreement or memorandum of understanding with another agency if
the Commission determines that the other agency has failed to
maintain in confidence any information provided under such
agreement or memorandum of understanding, or has used any such
information for purposes other than those set forth in such
agreement or memorandum of understanding.
``(3) Additional rules against disclosure.--Except as provided
in paragraph (4), the Commission shall not be required to disclose
under section 552 of title 5, United States Code, or any other
provision of law--
``(A) any material obtained from a foreign government
agency, if the foreign government agency has requested
confidential treatment, or has precluded such disclosure under
other use limitations, as a condition of providing the
material;
``(B) any material reflecting a consumer complaint obtained
from any other foreign source, if that foreign source supplying
the material has requested confidential treatment as a
condition of providing the material; or
``(C) any material reflecting a consumer complaint
submitted to a Commission reporting mechanism sponsored in part
by foreign government agencies.
``(4) Limitation.--Nothing in this subsection authorizes 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.
``(5) Definition.--In this subsection, the term `foreign
government agency' means--
``(A) any agency or judicial authority of a foreign
government, including a foreign state, a political subdivision
of a foreign state, or a multinational organization constituted
by and comprised of foreign states, that is vested with law
enforcement or investigative authority in civil, criminal, or
administrative matters; and
``(B) any multinational organization, to the extent that it
is acting on behalf of an entity described in subparagraph (A).
``(g) Notification to State Health Departments.--Whenever the
Commission is notified of any voluntary corrective action taken by a
manufacturer (or a retailer in the case of a retailer selling a product
under its own label) in consultation with the Commission, or issues an
order under section 15(c) or (d) with respect to any product, the
Commission shall notify each State's health department (or other agency
designated by the State) of such voluntary corrective action or
order.''.

4aecb0d8afc157990cb9fc4d7d5bb3d5637b0f3efeec99632c847137527f4f43

(a) In General.--The Commission may--
(1) retain or employ officers or employees of foreign
government agencies on a temporary basis pursuant to section 4 of
the Consumer Product Safety Act (15 U.S.C. 2053) or section 3101 or
3109 of title 5, United States Code; and
(2) detail officers or employees of the Commission to work on a
temporary basis for appropriate foreign government agencies for the
purpose of providing or receiving training.
(b) Reciprocity and Reimbursement.--The Commission may execute the
authority contained in subsection (a) with or without reimbursement in
money or in kind, and with or without reciprocal arrangements by or on
behalf of the foreign government agency involved. Any amounts received
as reimbursement for expenses incurred by the Commission under this
section shall be credited to the appropriations account from which such
expenses were paid.
(c) Standards of Conduct.--An individual retained or employed under
subsection (a)(1) shall be considered to be a Federal employee while so
retained or employed, only for purposes of--
(1) injury compensation as provided in chapter 81 of title 5,
United States Code, and tort claims liability under chapter 171 of
title 28, United States Code;
(2) the Ethics in Government Act (5 U.S.C. App.) and the
provisions of chapter 11 of title 18, United States Code; and
(3) any other statute or regulation governing the conduct of
Federal employees.

bc5c6c0a63468c817a426ea7509a552c5cb1fdb48a935bcb256a1393fc92e20e

(a) In General.--Section 27(j) (15 U.S.C. 2076(j)) is amended--
(1) in the matter preceding paragraph (1), by striking ``The
Commission'' and inserting ``Notwithstanding section 3003 of the
Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113
note), the Commission''; and
(2) by redesignating paragraphs (5) through (11) as paragraphs
(7) through (13), respectively, and inserting after paragraph (4)
the following:
``(5) the number and a summary of recall orders issued under
section 12 or 15 during such year and a summary of voluntary
corrective actions taken by manufacturers in consultation with the
Commission of which the Commission has notified the public, and an
assessment of such orders and actions;
``(6) beginning not later than 1 year after the date of
enactment of the Consumer Product Safety Improvement Act of 2008--
``(A) progress reports and incident updates with respect to
action plans implemented under section 15(d);
``(B) statistics with respect to injuries and deaths
associated with products that the Commission determines present
a substantial product hazard under section 15(c); and
``(C) the number and type of communication from consumers
to the Commission with respect to each product with respect to
which the Commission takes action under section 15(d);''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to reports submitted for fiscal year 2009 and
thereafter.
Subtitle B--Enhanced Enforcement Authority

8fed14203f01ab7ecb1e3e5a71316a07d385b84efa3f3b902ed6840c11b1537f

Section 6 (15 U.S.C. 2055) is amended--
(1) by inserting ``A manufacturer or private labeler shall
submit any such mark within 15 calendar days after the date on
which it receives the Commission's offer.'' after ``paragraph
(2).'' in subsection (a)(3);
(2) by striking ``30 days'' in subsection (b)(1) and inserting
``15 days'';
(3) by striking ``finds that the public'' in subsection (b)(1)
and inserting ``publishes a finding that the public'';
(4) by striking ``notice and publishes such a finding in the
Federal Register),'' in subsection (b)(1) and inserting
``notice),'';
(5) by striking ``10 days'' in subsection (b)(2) and inserting
``5 days'';
(6) by striking ``finds that the public'' in subsection (b)(2)
and inserting ``publishes a finding that the public'';
(7) by striking ``notice and publishes such finding in the
Federal Register.'' in subsection (b)(2) and inserting ``notice.'';
(8) in subsection (b)--
(A) by striking ``(3)'' and inserting ``(3)(A)''; and
(B) by adding at the end thereof the following:
``(B) If the Commission determines that the public health
and safety requires expedited consideration of an action
brought under subparagraph (A), the Commission may file a
request with the District Court for such expedited
consideration. If the Commission files such a request, the
District Court shall--
``(i) assign the matter for hearing at the earliest
possible date;
``(ii) give precedence to the matter, to the greatest
extent practicable, over all other matters pending on the
docket of the court at the time;
``(iii) expedite consideration of the matter to the
greatest extent practicable; and
``(iv) grant or deny the requested injunction within 30
days after the date on which the Commission's request was
filed with the court.'';
(9) by striking ``section 19 (related to prohibited acts);'' in
subsection (b)(4) and inserting ``any consumer product safety rule
or provision of this Act or similar rule or provision of any other
Act enforced by the Commission;'';
(10) by striking ``or'' after the semicolon in subsection
(b)(5)(B);
(11) by striking ``disclosure.'' in subsection (b)(5)(C) and
inserting ``disclosure; or'';
(12) by inserting in subsection (b)(5) after subparagraph (C)
the following:
``(D) the Commission publishes a finding that the public
health and safety requires public disclosure with a lesser
period of notice than is required under paragraph (1).''; and
(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,''.

3d427032251e2175cce6a3baf6cccac6781c463aeb8d37921a825ca9f1a292f0

DATABASE.
(a) In General.--The Act is amended by inserting after section 6
(15 U.S.C. 2055) the following:
``SEC. 6A. PUBLICLY AVAILABLE CONSUMER PRODUCT SAFETY INFORMATION
DATABASE.
``(a) Database Required.--
``(1) In general.--Subject to the availability of
appropriations, the Commission shall, in accordance with the
requirements of this section, establish and maintain a database on
the safety of consumer products, and other products or substances
regulated by the Commission, that is--
``(A) publicly available;
``(B) searchable; and
``(C) accessible through the Internet website of the
Commission.
``(2) Submission of detailed implementation plan to congress.--
Not later than 180 days after the date of enactment of the Consumer
Product Safety Improvement Act of 2008, the Commission shall
transmit to the appropriate Congressional committees a detailed
plan for establishing and maintaining the database required by
paragraph (1), including plans for the operation, content,
maintenance, and functionality of the database. The plan shall
detail the integration of the database into the Commission's
overall information technology improvement objectives and plans.
The plan submitted under this subsection shall include a detailed
implementation schedule for the database, and plans for a public
awareness campaign to be conducted by the Commission to increase
consumer awareness of the database.
``(3) Date of initial availability.--Not later than 18 months
after the date on which the Commission submits the plan required by
paragraph (2), the Commission shall establish the database required
by paragraph (1).
``(b) Content and Organization.--
``(1) Contents.--Except as provided in subsection (c)(4), the
database shall include the following:
``(A) Reports of harm relating to the use of consumer
products, and other products or substances regulated by the
Commission, that are received by the Commission from--
``(i) consumers;
``(ii) local, State, or Federal government agencies;
``(iii) health care professionals;
``(iv) child service providers; and
``(v) public safety entities.
``(B) Information derived by the Commission from notice
under section 15(c) or any notice to the public relating to a
voluntary corrective action taken by a manufacturer, in
consultation with the Commission, of which action the
Commission has notified the public.
``(C) The comments received by the Commission under
subsection (c)(2)(A) to the extent requested under subsection
(c)(2)(B).
``(2) Submission of information.--In implementing the database,
the Commission shall establish the following:
``(A) Electronic, telephonic, and paper-based means of
submitting, for inclusion in the database, reports described in
paragraph (1)(A) of this subsection.
``(B) A requirement that any report described in paragraph
(1)(A) submitted for inclusion in such database include, at a
minimum--
``(i) a description of the consumer product (or other
product or substance regulated by the Commission)
concerned;
``(ii) identification of the manufacturer or private
labeler of the consumer product (or other product or
substance regulated by the Commission);
``(iii) a description of the harm relating to the use
of the consumer product (or other product or substance
regulated by the Commission);
``(iv) contact information for the person submitting
the report; and
``(v) a verification by the person submitting the
information that the information submitted is true and
accurate to the best of the person's knowledge and that the
person consents that such information be included in the
database.
``(3) Additional information.--In addition to the reports
received under paragraph (1), the Commission shall include in the
database, consistent with the requirements of section 6(a) and (b),
any additional information it determines to be in the public
interest.
``(4) Organization of database.--The Commission shall
categorize the information available on the database in a manner
consistent with the public interest and in such manner as it
determines to facilitate easy use by consumers and shall ensure, to
the extent practicable, that the database is sortable and
accessible by--
``(A) the date on which information is submitted for
inclusion in the database;
``(B) the name of the consumer product (or other product or
substance regulated by the Commission);
``(C) the model name;
``(D) the manufacturer's or private labeler's name; and
``(E) such other elements as the Commission considers in
the public interest.
``(5) Notice requirements.--The Commission shall provide clear
and conspicuous notice to users of the database that the Commission
does not guarantee the accuracy, completeness, or adequacy of the
contents of the database.
``(6) Availability of contact information.--The Commission may
not disclose, under this section, the name, address, or other
contact information of any individual or entity that submits to the
Commission a report described in paragraph (1)(A), except that the
Commission may provide such information to the manufacturer or
private labeler of the product with the express written consent of
the person submitting the information. Consumer information
provided to a manufacturer or private labeler under this section
may not be used or disseminated to any other party for any purpose
other than verifying a report submitted under paragraph (1)(A).
``(c) Procedural Requirements.--
``(1) Transmission of reports to manufacturers and private
labelers.--Not later than 5 business days after the Commission
receives a report described in subsection (b)(1)(A) which includes
the information required by subsection (b)(2)(B), the Commission
shall to the extent practicable transmit the report, subject to
subsection (b)(6), to the manufacturer or private labeler
identified in the report.
``(2) Opportunity to comment.--
``(A) In general.--If the Commission transmits a report
under paragraph (1) to a manufacturer or private labeler, the
Commission shall provide such manufacturer or private labeler
an opportunity to submit comments to the Commission on the
information contained in such report.
``(B) Request for inclusion in database.--A manufacturer or
private labeler may request the Commission to include its
comments in the database.
``(C) Confidential matter.--
``(i) In general.--If the Commission transmits a report
received under paragraph (1) to a manufacturer or private
labeler, the manufacturer or private labeler may review the
report for confidential information and request that
portions of the report identified as confidential be so
designated.
``(ii) Redaction.--If the Commission determines that
the designated information contains, or relates to, a trade
secret or other matter referred to in section 1905 of title
18, United States Code, or that is subject to section
552(b)(4) of title 5, United States Code, the Commission
shall redact the designated information in the report
before it is placed in the database.
``(iii) Review.--If the Commission determines that the
designated information is not confidential under clause
(ii), the Commission shall notify the manufacturer or
private labeler and include the information in the
database. The manufacturer or private labeler may bring an
action in the district court of the United States in the
district in which the complainant resides, or has its
principal place of business, or in the United States
District Court for the District of Columbia, to seek
removal of the information from the database.
``(3) Publication of reports and comments.--
``(A) Reports.--Except as provided in paragraph (4)(A), if
the Commission receives a report described in subsection
(b)(1)(A), the Commission shall make the report available in
the database not later than the 10th business day after the
date on which the Commission transmits the report under
paragraph (1) of this subsection.
``(B) Comments.--Except as provided in paragraph (4)(A), if
the Commission receives a comment under paragraph (2)(A) with
respect to a report described in subsection (b)(1)(A) and a
request with respect to such comment under paragraph (2)(B) of
this subsection, the Commission shall make such comment
available in the database at the same time as such report or as
soon as practicable thereafter.
``(4) Inaccurate information.--
``(A) Inaccurate information in reports and comments
received.--If, prior to making a report described in subsection
(b)(1)(A) or a comment described in paragraph (2) of this
subsection available in the database, the Commission determines
that the information in such report or comment is materially
inaccurate, the Commission shall--
``(i) decline to add the materially inaccurate
information to the database;
``(ii) correct the materially inaccurate information in
the report or comment and add the report or comment to the
database; or
``(iii) add information to correct inaccurate
information in the database.
``(B) Inaccurate information in database.--If the
Commission determines, after investigation, that information
previously made available in the database is materially
inaccurate or duplicative of information in the database, the
Commission shall, not later than 7 business days after such
determination--
``(i) remove such information from the database;
``(ii) correct such information; or
``(iii) add information to correct inaccurate
information in the database.
``(d) Annual Report.--The Commission shall submit to the
appropriate Congressional committees an annual report on the database,
including--
``(1) the operation, content, maintenance, functionality, and
cost of the database for the reporting year; and
``(2) the number of reports and comments for the year--
``(A) received by the Commission under this section;
``(B) posted on the database; and
``(C) corrected on or removed from the database.
``(e) GAO Study.--Within 2 years after the date on which the
Commission establishes the database under this section, the Comptroller
General shall submit a report to the appropriate Congressional
committees containing--
``(1) an analysis of the general utility of the database,
including--
``(A) an assessment of the extent of use of the database by
consumers, including whether the database is accessed by a
broad range of the public and whether consumers find the
database to be useful; and
``(B) efforts by the Commission to inform the public about
the database; and
``(2) recommendations for measures to increase use of the
database by consumers and to ensure use by a broad range of the
public.
``(f) Application of Certain Notice and Disclosure Requirements.--
``(1) In general.--The provisions of section 6(a) and (b) shall
not apply to the disclosure under this section of a report
described in subsection (b)(1)(A) of this section.
``(2) Construction.--Paragraph (1) shall not be construed to
exempt from the requirements of section 6(a) and (b) information
received by the Commission under--
``(A) section 15(b); or
``(B) any other mandatory or voluntary reporting program
established between a retailer, manufacturer, or private
labeler and the Commission.
``(g) Harm Defined.--In this section, the term `harm' means--
``(1) injury, illness, or death; or
``(2) risk of injury, illness, or death, as determined by the
Commission.''.
(b) Upgrade of Commission Information Technology Systems.--The
Commission shall expedite efforts to upgrade and improve the
information technology systems in use by the Commission on the date of
enactment of this Act.
(c) Clerical Amendment.--The table of contents in section 1 (15
U.S.C. 2051 note), as amended by section 206, is amended by inserting
after the item relating to section 6 the following new item:
``Sec. 6A. Publicly available consumer product safety information
database.''.

b299b89c98ee3850b1de1e0f8f29e97db02afc9739a5e6a28a0b7c29260d240c

ENFORCED STATUTES.
Section 9(g)(2) (15 U.S.C. 2058(g)(2)) is amended--
(1) by inserting ``or to which a rule under this Act or similar
rule, regulation, standard, or ban under any other Act enforced by
the Commission applies,'' after ``applies,''; and
(2) by striking ``consumer product safety rule'' the second,
third, and fourth places it appears, and inserting ``rule,
regulation, standard, or ban''.

e788c6e7b453dc2cce5c463b2d4f70a7718a3e58ac281138953d54a4ec24d89b

(a) Enhanced Recall Authority.--Section 15 (15 U.S.C. 2064) is
amended--
(1) in subsection (a)(1), by inserting ``under this Act or a
similar rule, regulation, standard, or ban under any other Act
enforced by the Commission'' after ``consumer product safety
rule'';
(2) in subsection (b)--
(A) by striking ``consumer product distributed in
commerce,'' and inserting ``consumer product, or other product
or substance over which the Commission has jurisdiction under
any other Act enforced by the Commission (other than motor
vehicle equipment as defined in section 30102(a)(7) of title
49, United States Code), distributed in commerce,'';
(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
``(2) fails to comply with any other rule, regulation,
standard, or ban under this Act or any other Act enforced by the
Commission;''; and
(D) by adding at the end the following: ``A report provided
under paragraph (2) may not be used as the basis for criminal
prosecution of the reporting person under section 5 of the
Federal Hazardous Substances Act (15 U.S.C. 1264), except for
offenses which require a showing of intent to defraud or
mislead.''.
(3) in subsection (c)--
(A) by inserting ``(1)'' after the subsection designation;
(B) by inserting ``or if the Commission, after notifying
the manufacturer, determines a product to be an imminently
hazardous consumer product and has filed an action under
section 12,'' after ``from such substantial product hazard,'';
(C) by redesignating paragraphs (1) through (3) as
subparagraphs (D) through (F), respectively;
(D) by inserting after ``the following actions:'' the
following:
``(A) To cease distribution of the product.
``(B) To notify all persons that transport, store, distribute,
or otherwise handle the product, or to which the product has been
transported, sold, distributed, or otherwise handled, to cease
immediately distribution of the product.
``(C) To notify appropriate State and local public health
officials.'';
(E) by striking ``comply.'' in subparagraph (D), as
redesignated, and inserting ``comply, including posting clear
and conspicuous notice on its Internet website, providing
notice to any third party Internet website on which such
manufacturer, retailer, distributor, or licensor has placed the
product for sale, and announcements in languages other than
English and on radio and television where the Commission
determines that a substantial number of consumers to whom the
recall is directed may not be reached by other notice.''; and
(F) by adding at the end the following:
``(2) The Commission may require a notice described in paragraph
(1) to be distributed in a language other than English if the
Commission determines that doing so is necessary to adequately protect
the public.
``(3) If a district court determines, in an action filed under
section 12, that the product that is the subject of such action is not
an imminently hazardous consumer product, the Commission shall rescind
any order issued under this subsection with respect to such product.'';
(4) in subsection (f)--
(A) by striking ``An order'' and inserting ``(1) Except as
provided in paragraph (2), an order''; and
(B) by inserting at the end the following:
``(2) The requirement for a hearing in paragraph (1) shall not
apply to an order issued under subsection (c) or (d) relating to an
imminently hazardous consumer product with regard to which the
Commission has filed an action under section 12.''.
(b) Corrective Action Plans.--Section 15(d) (15 U.S.C. 2064(d)) is
amended--
(1) by inserting ``(1)'' after the subsection designation;
(2) by inserting ``to provide the notice required by subsection
(c) and'' after ``such product'' the first place it appears;
(3) by striking ``whichever of the following actions the person
to whom the order is directed elects:'' and inserting ``any one or
more of the following actions it determines to be in the public
interest:'';
(4) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C);
(5) in each of subparagraphs (A) and (B) (as so redesignated),
by striking ``consumer product safety rule'' each place it appears
and inserting ``rule, regulation, standard, or ban'';
(6) by striking ``more (A)'' in subparagraph (C), as
redesignated, and inserting ``more (i)'';
(7) by striking ``or (B)'' in subparagraph (C), as
redesignated, and inserting ``or (ii)'';
(8) by striking ``An order under this subsection may'' and
inserting:
``(2) An order under this subsection shall'';
(9) by striking ``satisfactory to the Commission,'' and
inserting ``for approval by the Commission,'';
(10) by striking ``paragraphs of this subsection under which
such person has elected to act'' and inserting ``subparagraphs
under which such person has been ordered to act'';
(11) by striking ``if the person to whom the order is directed
elects to take the action described in paragraph (3)'' and insert
``if the Commission orders the action described in subparagraph
(C)'';
(12) by striking ``If an order under this subsection is
directed'' and all that follows through ``has the election under
this subsection'';
(13) by striking ``described in paragraph (3).'' and inserting
``described in paragraph (1)(C).''; and
(14) by adding at the end the following:
``(3)(A) If the Commission approves an action plan, it shall
indicate its approval in writing.
``(B) If the Commission finds that an approved action plan is not
effective or appropriate under the circumstances, or that the
manufacturer, retailer, or distributor is not executing an approved
action plan effectively, the Commission may, by order, amend, or
require amendment of, the action plan. In determining whether an
approved plan is effective or appropriate under the circumstances, the
Commission shall consider whether a repair or replacement changes the
intended functionality of the product.
``(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 in commerce the product to which the action plan
relates after receipt of notice of a revocation of the action plan.''.
(c) Content of Notice.--Section 15 (15 U.S.C. 2064) is further
amended by adding at the end the following:
``(i) Requirements for Recall Notices.--
``(1) Guidelines.--Not later than 180 days after the date of
enactment of the Consumer Product Safety Improvement Act of 2008,
the Commission shall, by rule, establish guidelines setting forth a
uniform class of information to be included in any notice required
under an order under subsection (c) or (d) of this section or under

30e269d594f99e2b71183274ea8157fd195dfda8a38c8df85f85a92fce38cc91

Commission determines would be helpful to consumers in--
``(A) identifying the specific product that is subject to
such an order;
``(B) understanding the hazard that has been identified
with such product (including information regarding incidents or
injuries known to have occurred involving such product); and
``(C) understanding what remedy, if any, is available to a
consumer who has purchased the product.
``(2) Content.--Except to the extent that the Commission
determines with respect to a particular product that one or more of
the following items is unnecessary or inappropriate under the
circumstances, the notice shall include the following:
``(A) description of the product, including--
``(i) the model number or stock keeping unit (SKU)
number of the product;
``(ii) the names by which the product is commonly
known; and
``(iii) a photograph of the product.
``(B) A description of the action being taken with respect
to the product.
``(C) The number of units of the product with respect to
which the action is being taken.
``(D) A description of the substantial product hazard and
the reasons for the action.
``(E) An identification of the manufacturers and
significant retailers of the product.
``(F) The dates between which the product was manufactured
and sold.
``(G) The number and a description of any injuries or
deaths associated with the product, the ages of any individuals
injured or killed, and the dates on which the Commission
received information about such injuries or deaths.
``(H) A description of--
``(i) any remedy available to a consumer;
``(ii) any action a consumer must take to obtain a
remedy; and
``(iii) any information a consumer needs in order to
obtain a remedy or information about a remedy, such as
mailing addresses, telephone numbers, fax numbers, and
email addresses.
``(I) Other information the Commission deems
appropriate.''.

05aec98fba9b2e104949d88c8ef98fb9f7388da81e7150a93a4c6f2b2b335b49

IDENTIFICATION OF SUPPLY CHAIN.
(a) Inspection of Firewalled Conformity Assessment Body.--Section
16(a) (15 U.S.C. 2065(a)) is amended--
(1) by striking ``or (B)'' and inserting ``(B) any firewalled
conformity assessment bodies accredited under section 14(f)(2)(D),
or (C)'' in paragraph (1); and
(2) by inserting ``firewalled conformity assessment body,''
after ``factory,'' in paragraph (2).
(b) Identification of Manufacturers, Importers, Retailers, and
Distributors.--Section 16 (15 U.S.C. 2065) is further amended by adding
at the end thereof the following:
``(c) Identification of Manufacturers, Importers, Retailers, and
Distributors.--Upon request by an officer or employee duly designated
by the Commission--
``(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 such information is known or can be readily
determined by the importer, retailer, or distributor; and
``(2) every manufacturer shall identify by name, address, or
such other identifying information as the officer or employee may
request--
``(A) each retailer or distributor to which the
manufacturer directly supplied a given consumer product (or
other product or substance over which the Commission has
jurisdiction under this or any other Act);
``(B) each subcontractor involved in the production or
fabrication of such product or substance; and
``(C) each subcontractor from which the manufacturer
obtained a component thereof.''.
(c) Conforming Amendments.--Section 16 (15 U.S.C. 2065) is further
amended--
(1) in subsection (a), by inserting ``Inspection.--'' after the
subsection designation; and
(2) in subsection (b), by inserting ``Recordkeeping.--'' after
the subsection designation.

7e66c9236672654100e6e2656cf4a48594413c8bf6b59ca95bcb0981d387ec8c

(a) Sale of Recalled Products.--Section 19(a) (15 U.S.C. 2068(a))
is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(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 not in conformity
with an applicable consumer product safety rule under this Act, or
any similar rule, regulation, standard, or ban under any other Act
enforced by the Commission;
``(2) sell, offer for sale, manufacture for sale, distribute in
commerce, or import into the United States any consumer product, or
other product or substance that is--
``(B) subject to voluntary corrective action taken by the
manufacturer, in consultation with the Commission, of which
action the Commission has notified the public or if the seller,
distributor, or manufacturer knew or should have known of such
voluntary corrective action;
``(C) subject to an order issued under section 12 or 15 of
this Act; or
``(D) a banned hazardous substance within the meaning of
section 2(q)(1) of the Federal Hazardous Substances Act (15
U.S.C. 1261(q)(1));'';
(2) by amending paragraph (6) to read as follows:
``(6) fail to furnish a certificate required by this Act or any
other Act enforced by the Commission, or to issue a false
certificate if such person in the exercise of due care has reason
to know that the certificate is false or misleading in any material
respect; or to fail to comply with any requirement of section 14
(including the requirement for tracking labels) or any rule or
regulation under such section;''.
(3) by striking ``or'' after the semicolon in paragraph (7);
(4) by striking ``and'' after the semicolon in paragraph (8);
(5) by striking ``insulation).'' in paragraph (9) and inserting
``insulation);''; and
(6) by striking the period at the end of paragraph (10) and
inserting a semicolon; and
(7) by inserting at the end the following:
``(12) sell, offer for sale, distribute in commerce, or import
into the United States any consumer product bearing a registered
safety certification mark owned by an accredited conformity
assessment body, which mark is known, or should have been known, by
such person to be used in a manner unauthorized by the owner of
that certification mark;
``(13) misrepresent to any officer or employee of the
Commission the scope of consumer products subject to an action
required under section 12 or 15, or to make a material
misrepresentation to such an officer or employee in the course of
an investigation under this Act or any other Act enforced by the
Commission; or
``(14) exercise, or attempt to exercise, undue influence on a
third party conformity assessment body (as defined in section
14(f)(2)) with respect to the testing, or reporting of the results
of testing, of any product for compliance under this Act or any
other Act enforced by the Commission.
``(15) export from the United States for purpose of sale any
consumer product, or other product or substance regulated by the
Commission (other than a consumer product or substance, the export
of which is permitted by the Secretary of the Treasury pursuant to
section 17(e)) that--
``(A) is subject to an order issued under section 12 or 15
of this Act or is a banned hazardous substance within the
meaning of section 2(q)(1) of the Federal Hazardous Substances
Act (15 U.S.C. 1261(q)(1)); or
``(B) is subject to a voluntary corrective action taken by
the manufacturer, in consultation with the Commission, of which
action the Commission has notified the public; or
``(16) violate an order of the Commission issued under section
18(c).''.
(b) Conforming Amendment.--Section 17(a)(2) (15 U.S.C. 2066(a)(2))
is amended to read as follows:
``(2) is not accompanied by a certificate required by this Act
or any other Act enforced by the Commission, or is accompanied by a
false certificate, if the manufacturer in the exercise of due care
has reason to know that the certificate is false or misleading in
any material respect, or is not accompanied by any label or
certificate (including tracking labels) required under section 14
or any rule or regulation under such section;''.

9fa071160820e39573d8770025a8e768a9ef059658a524f79df818b5ecb890c1

(a) Maximum Civil Penalties of the Consumer Product Safety
Commission.--
(1) Consumer product safety act.--Section 20(a)(1) (15 U.S.C.
2069(a)(1)) is amended--
(A) by striking ``$5,000'' and inserting ``$100,000'';
(B) by striking ``$1,250,000'' both places it appears and
inserting ``$15,000,000''; and
(C) by striking ``December 1, 1994,'' in paragraph (3)(B)
and inserting ``December 1, 2011,''.
(2) Federal hazardous substances act.--Section 5(c)(1) of the
Federal Hazardous Substances Act (15 U.S.C. 1264(c)(1)) is
amended--
(A) by striking ``$5,000'' in paragraph (1) and inserting
``$100,000'';
(B) by striking ``$1,250,000'' both places it appears and
inserting ``$15,000,000''; and
(C) by striking ``December 1, 1994,'' in paragraph (6)(B)
and inserting ``December 1, 2011,''.
(3) Flammable fabrics act.--Section 5(e)(1) of the Flammable
Fabrics Act (15 U.S.C. 1194(e)(1)) is amended--
(A) by striking ``$5,000'' in paragraph (1) and inserting
``$100,000'';
(B) by striking ``$1,250,000'' and inserting
``$15,000,000''; and
(C) by striking ``December 1, 1994,'' in paragraph (6)(B)
and inserting ``December 1, 2011,''.
(4) Effective date.--The amendments made by this subsection
shall take effect on the date that is the earlier of the date on
which final regulations are issued under subsection (b)(2) or 1
year after the date of enactment of this Act.
(b) Determination of Penalties by the Consumer Product Safety
Commission.--
(1) Factors to be considered.--
(A) Consumer product safety act.--Section 20 (15 U.S.C.
2069) is amended--
(i) in subsection (b)--
(I) by inserting ``the nature, circumstances,
extent, and gravity of the violation, including'' after
``shall consider'';
(II) by striking ``products distributed, and'' and
inserting ``products distributed,'' ; and
(III) by inserting ``, including how to mitigate
undue adverse economic impacts on small businesses, and
such other factors as appropriate'' before the period;
and
(ii) in subsection (c)--
(I) by inserting ``, including how to mitigate
undue adverse economic impacts on small businesses, the
nature, circumstances, extent, and gravity of the
violation, including'' after ``person charged''; and
(II) by inserting ``, and such other factors as
appropriate'' after ``products distributed''.
(B) Federal hazardous substances act.--Section 5(c) of the
Federal Hazardous Substances Act (15 U.S.C. 1264(c)) is
amended--
(i) in paragraph (3)--
(I) by inserting ``the nature, circumstances,
extent, and gravity of the violation, including'' after
``shall consider'';
(II) by striking ``substance distributed, and'' and
inserting ``substance distributed,''; and
(III) by inserting ``, including how to mitigate
undue adverse economic impacts on small businesses, and
such other factors as appropriate'' before the period;
and
(ii) in paragraph (4)--
(I) by inserting ``, including how to mitigate
undue adverse economic impacts on small businesses, the
nature, circumstances, extent, and gravity of the
violation, including'' after ``person charged''; and
(II) by inserting ``, and such other factors as
appropriate'' after ``substance distributed''.
(C) Flammable fabrics act.--Section 5(e) of the Flammable
Fabrics Act (15 U.S.C. 1194(e)) is amended--
(i) in paragraph (2)--
(I) by striking ``nature and number'' and inserting
``nature, circumstances, extent, and gravity'';
(II) by striking ``absence of injury, and'' and
inserting ``absence of injury,''; and
(III) by inserting ``, and such other factors as
appropriate'' before the period; and
(ii) in paragraph (3)--
(I) by striking ``nature and number'' and inserting
``nature, circumstances, extent, and gravity'';
(II) by striking ``absence of injury, and'' and
inserting ``absence of injury,''; and
(III) by inserting ``, and such other factors as
appropriate'' before the period.
(2) Civil penalty criteria.--Not later than 1 year after the
date of enactment of this Act, and in accordance with the
procedures of section 553 of title 5, United States Code, the
Commission shall issue a final regulation providing its
interpretation of the penalty factors described in section 20(b) of
the Consumer Product Safety Act (15 U.S.C. 2069(b)), section
5(c)(3) of the Federal Hazardous Substances Act (15 U.S.C.
1264(c)(3)), and section 5(e)(2) of the Flammable Fabrics Act (15
U.S.C. 1194(e)(2)), as amended by subsection (a).
(c) Criminal Penalties.--
(1) In general.--Section 21(a) (15 U.S.C. 2070(a)) is amended
to read as follows:
``(a) Violation of section 19 of this Act is punishable by--
``(1) imprisonment for not more than 5 years for a knowing and
willful violation of that section;
``(2) a fine determined under section 3571 of title 18, United
States Code; or
``(3) both.''.
(2) Directors, officers, and agents.--Section 21(b) (15 U.S.C.
2070(b)) is amended by striking ``19, and who has knowledge of
notice of noncompliance received by the corporation from the
Commission,'' and inserting ``19''.
(3) Under the federal hazardous substances act.--Section 5(a)
of the Federal Hazardous Substances Act (15 U.S.C. 1264(a)) is
amended by striking ``one year, or a fine of not more than $3,000,
or both such imprisonment and fine.'' and inserting ``5 years, a
fine determined under section 3571 of title 18, United States Code,
or both.''.
(4) Under the flammable fabrics act.--Section 7 of the
Flammable Fabrics Act (15 U.S.C. 1196) is amended to read as
follows:
``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--
``(1) imprisonment for not more than 5 years for a knowing and
willful violation of that section;
``(2) a fine determined under section 3571 of title 18, United
States Code; or
``(3) both.''.
(d) Criminal Penalties To Include Asset Forfeiture.--Section 21 (15
U.S.C. 2070) is amended by adding at the end thereof the following:
``(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.
``(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.''.

f51222c5f70ca9321a5caea9d979ac311a081e7408d9312bde40ba639c220846

(a) In General.--Section 24 (15 U.S.C. 2073) is amended--
(1) by striking ``private'' in the section heading and
inserting ``additional'';
(2) by inserting ``(a) In General.--'' before ``Any interested
person''; and
(3) by adding at the end the following:
``(b) State Attorney General Enforcement.--
``(1) Right of action.--Except as provided in paragraph (5),
the attorney general of a State, or other authorized State officer,
alleging a violation of section 19(a)(1), (2), (5), (6), (7), (9),
or (12) of this Act that affects or may affect such State or its
residents may bring an action on behalf of the residents of the
State in any United States district court for the district in which
the defendant is found or transacts business to obtain appropriate
injunctive relief.
``(2) Initiation of civil action.--
``(A) Notice to commission required in all cases.--A State
shall provide written notice to the Commission regarding any
civil action under paragraph (1). Except when proceeding under
subparagraph (C), the State shall provide the notice at least
30 days before the date on which the State intends to initiate
the civil action by filing a complaint.
``(B) Filing of complaint.--A State may initiate the civil
action by filing a complaint--
``(i) at any time after the date on which the 30-day
period ends; or
``(ii) earlier than such date if the Commission
consents to an earlier initiation of the civil action by
the State.
``(C) Actions involving substantial product hazard.--
Notwithstanding subparagraph (B), a State may initiate a civil
action under paragraph (1) by filing a complaint immediately
after notifying the Commission of the State's determination
that such immediate action is necessary to protect the
residents of the State from a substantial product hazard (as
defined in section 15(a)).
``(D) Form of notice.--The written notice required by this
paragraph may be provided by electronic mail, facsimile
machine, or any other means of communication accepted by the
Commission.
``(E) Copy of complaint.--A State shall provide a copy of
the complaint to the Commission upon filing the complaint or as
soon as possible thereafter.
``(3) Intervention by the commission.--The Commission may
intervene in such civil action and upon intervening--
``(A) be heard on all matters arising in such civil action;
and
``(B) file petitions for appeal of a decision in such civil
action.
``(4) Construction.--Nothing in this section, section 5(d) of
the Federal Hazardous Substances Act (15 U.S.C. 1264(d)), section 9
of the Poison Prevention Packaging Act of 1970, or section 5(a) of
the Flammable Fabrics Act (15 U.S.C. 1194(d)) shall be construed--
``(A) to prevent the attorney general of a State, or other
authorized State officer, from exercising the powers conferred
on the attorney general, or other authorized State officer, by
the laws of such State; or
``(B) to prohibit the attorney general of a State, or other
authorized State officer, from proceeding in State or Federal
court on the basis of an alleged violation of any civil or
criminal statute of that State.
``(5) Limitation.--No separate suit shall be brought under this
subsection (other than a suit alleging a violation of paragraph (1)
or (2) of section 19(a)) if, at the time the suit is brought, the
same alleged violation is the subject of a pending civil or
criminal action by the United States under this Act.
``(6) Restrictions on private counsel.--If private counsel is
retained to assist in any civil action under paragraph (1), the
private counsel retained to assist the State may not--
``(A) share with participants in other private civil
actions that arise out of the same operative facts any
information that is--
``(i) subject to attorney-client or work product
privilege; and
``(ii) was obtained during discovery in the action
under paragraph (1); or
``(B) use any information that is subject to attorney-
client or work product privilege that was obtained while
assisting the State in the action under paragraph (1) in any
other private civil actions that arise out of the same
operative facts.''.
(b) Conforming Amendments.--
(1) Poison prevention packaging act.--The Poison Prevention
Packaging Act of 1970 (15 U.S.C. 1471 et seq.) is amended by adding
at the end the following:
``SEC. 9. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
``The attorney general of a State, or other authorized State
officer, alleging a violation of a standard or rule promulgated under
section 3 that affects or may affect such State or its residents, may
bring an action on behalf of the residents of the State in any United
States district court for the district in which the defendant is found
or transacts business to obtain appropriate injunctive relief. The
procedural requirements of section 24(b) of the Consumer Product Safety
Act (15 U.S.C. 2073(b)) shall apply to any such action.''.
(2) Clerical amendment.--The table of contents in section 1 (15
U.S.C. 2051 note) is amended by striking the item relating to
section 24 and inserting the following:
``Sec. 24. Additional enforcement of product safety rules and of section
15 orders.''.

2b3240fa020117c7584427562cc4320e18a26589d79c71ae6c0ae6bdf15979ef

(a) In General.--The Act (15 U.S.C. 2051 et seq.), as amended by
section 206 of this Act, is further amended by adding at the end the
following:
``whistleblower protection
``Sec. 40.  (a) No manufacturer, private labeler, distributor, or
retailer, 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)--
``(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 any provision of this Act or any
other Act enforced by the Commission, or any order, rule,
regulation, standard, or ban under any such Acts;
``(2) testified or is about to testify in a proceeding
concerning such violation;
``(3) assisted or participated or is about to assist or
participate in such a proceeding; or
``(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 any provision of
this Act or any other Act enforced by the Commission, or any order,
rule, regulation, standard, or ban under any such Acts.
``(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).
``(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.
``(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.
``(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.
``(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.
``(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.
``(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.
``(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--
``(i) to take affirmative action to abate the violation;
``(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; and
``(iii) to provide compensatory damages to the complainant.
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.
``(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.
``(4) If the Secretary has not issued a final decision within 210
days after the filing of the complaint, or within 90 days after
receiving a written determination, the complainant may bring an action
at law or equity for de novo review in the appropriate district court
of the United States with jurisdiction, which shall have jurisdiction
over such an action without regard to the amount in controversy, and
which action shall, at the request of either party to such action, be
tried by the court with a jury. The proceedings shall be governed by
the same legal burdens of proof specified in paragraph (2)(B). The
court shall have jurisdiction to grant all relief necessary to make the
employee whole, including injunctive relief and compensatory damages,
including--
``(A) reinstatement with the same seniority status that the
employee would have had, but for the discharge or discrimination;
``(B) the amount of back pay, with interest; and
``(C) compensation for any special damages sustained as a
result of the discharge or discrimination, including litigation
costs, expert witness fees, and reasonable attorney's fees.
``(5)(A) Unless the complainant brings an action under paragraph
(4), any person adversely affected or aggrieved by a final order issued
under paragraph (3) may obtain review of the order in the United States
Court of Appeals for the circuit in which the violation, with respect
to which the order was issued, allegedly occurred or the circuit in
which the complainant resided on the date of such violation. The
petition for review must be filed not later than 60 days after the date
of the issuance of the final order of the Secretary. Review shall
conform to chapter 7 of title 5, United States Code. The commencement
of proceedings under this subparagraph shall not, unless ordered by the
court, operate as a stay of the order.
``(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.
``(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.
``(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.
``(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.
``(c) Any nondiscretionary duty imposed by this section shall be
enforceable in a mandamus proceeding brought under section 1361 of
title 28, United States Code.
``(d) Subsection (a) shall not apply with respect to an employee of
a manufacturer, private labeler, distributor, or retailer who, acting
without direction from such manufacturer, private labeler, distributor,
or retailer (or such person's agent), deliberately causes a violation
of any requirement relating to any violation or alleged violation of
any order, regulation, or consumer product safety standard under this
Act or any other law enforced by the Commission.''.
(b) Conforming Amendment.--The table of contents, as amended by
section 206 of this Act, is further amended by inserting after the item
relating to section 39 the following:
``Sec. 40. Whistleblower protection.''.
Subtitle C--Specific Import-Export Provisions

58363a8c8187a98231efe08d697f431a2f80e643d9a618945c68fcd94ac5d516

(a) In General.--Section 18 (15 U.S.C. 2067) is amended--
(1) in subsection (b), by striking ``any product--'' and all
that follows through ``promulgated under section 9,'' and inserting
``any product which is not in conformity with an applicable
consumer product safety rule in effect under this Act,''; and
(2) by adding at the end the following:
``(c) The Commission may prohibit a person from exporting from the
United States for purpose of sale any consumer product that is not in
conformity with an applicable consumer product safety rule under this
Act, unless the importing country has notified the Commission that such
country accepts the importation of such consumer product, provided that
if the importing country has not so notified the Commission within 30
days after the Commission has provided notice to the importing country
of the impending shipment, the Commission may take such action as
appropriate within its authority with respect to the disposition of the
product under the circumstances.
``(d) Nothing in this section shall apply to any consumer product,
the export of which is permitted by the Secretary of the Treasury
pursuant to section 17(e).''.
(b) Conforming Amendments to Flammable Fabrics Act.--Section 15 of
the Flammable Fabrics Act (15 U.S.C. 1202) is amended by adding at the
end the following:
``(d) Notwithstanding any other provision of this section, the
Consumer Product Safety Commission may prohibit, by order, a person
from exporting from the United States for purpose of sale any fabric or
related material that the Commission determines is not in conformity
with an applicable standard or rule under this Act, unless the
importing country has notified the Commission that such country accepts
the importation of such fabric or related material, provided that if
the importing country has not so notified the Commission within 30 days
after the Commission has provided notice to the importing country of
the impending shipment, the Commission may take such action as is
appropriate with respect to the disposition of the fabric or related
material under the circumstances.
``(e) Nothing in this section shall apply to any fabric or related
material, the export of which is permitted by the Secretary of the
Treasury pursuant to section 17(e).''.

2715914968463c7dfbd36b54d4fc27240ef196f7092c0d8e32a919ff63fa4dcb

(a) Risk Assessment Methodology.--Not later than 2 years after the
date of enactment of this Act, the Commission shall develop a risk
assessment methodology for the identification of shipments of consumer
products that are--
(1) intended for import into the United States; and
(2) likely to include consumer products in violation of section
17(a) of the Consumer Product Safety Act (15 U.S.C. 2066(a)) or
other import provisions enforced by the Commission.
(b) Use of International Trade Data System and Other Databases.--In
developing the methodology required under subsection (a), the
Commission shall--
(1) provide for the use of the International Trade Data System,
insofar as is practicable, established under section 411(d) of the
Tariff Act of 1930 (19 U.S.C. 1411(d)) to evaluate and assess
information about shipments of consumer products intended for
import into the customs territory of the United States;
(2) incorporate the risk assessment methodology required under
this section into its information technology modernization plan;
(3) examine, in consultation with U.S. Customs and Border
Protection, how to share information collected and retained by the
Commission, including information in the database required under
section 6A of the Consumer Product Safety Act, for the purpose of
identifying shipments of consumer products in violation of section
17(a) of such Act (15 U.S.C. 2066(a)) or other import provisions
enforced by the Commission; and
(4) examine, in consultation with U.S. Customs and Border
Protection, how to share information required by section 15(j) of
the CPSA as added by section 223 of this Act for the purpose of
identifying shipments of consumer products in violation of section
17(a) of the Consumer Product Safety Act (15 U.S.C. 2066(a)) or
other import provisions enforced by the Commission.
(c) Cooperation With U.S. Customs and Border Protection.--Not later
than 1 year after the date of enactment of this Act, the Commission
shall develop a plan for sharing information and coordinating with U.S.
Customs and Border Protection that considers, at a minimum, the
following:
(1) The number of full-time equivalent personnel employed by
the Commission that should be stationed at U.S. ports of entry for
the purpose of identifying shipments of consumer products that are
in violation of section 17(a) of the Consumer Product Safety Act
(15 U.S.C. 2066(a)) or other import provisions enforced by the
Commission.
(2) The extent and nature of cooperation between the Commission
and U.S. Customs and Border Protection personnel stationed at ports
of entry in the identification of shipments of consumer product
that are in violation of section 17(a) of the Consumer Product
Safety Act (15 U.S.C. 2066(a)) or other import provisions enforced
by the Commission under this Act or any other provision of law.
(3) The number of full-time equivalent personnel employed by
the Commission that should be stationed at the National Targeting
Center (or its equivalent) of U.S. Customs and Border Protection,
including--
(A) the extent and nature of cooperation between Commission
and U.S. Customs and Border Protection personnel stationed at
the National Targeting Center (or its equivalent), as well as
at United States ports of entry;
(B) the responsibilities of Commission personnel assigned
to the National Targeting Center (or its equivalent) under
subsection (b)(3); and
(C) whether the information available at the National
Targeting Center (or its equivalent) would be useful to the
Commission or U.S. Customs and Border Protection in identifying
the consumer products described in subsection (a).
(4) The development of rule sets for the Automated Targeting
System and expedited access for the Commission to the Automated
Targeting System.
(5) The information and resources necessary for the
development, updating, and effective implementation of the risk
assessment methodology required in subsection (a).
(d) Report to Congress.--Not later than 180 days after completion
of the risk assessment methodology required under this section, the
Commission shall submit a report to the appropriate Congressional
committees concerning, at a minimum, the following:
(1) The Commission's plan for implementing the risk assessment
methodology required under this section.
(2) The changes made or necessary to be made to the
Commission's memorandum of understanding with U.S. Customs and
Border Protection.
(3) The status of--
(A) the development of the Automated Targeting System rule
set required under subsection (c)(4) of this section;
(B) the Commission's access to the Automated Targeting
System; and
(C) the effectiveness of the International Trade Data
System in enhancing cooperation between the Commission and U.S.
Customs and Border Protection for the purpose of identifying
shipments of consumer products in violation of section 17(a) of
the Consumer Product Safety Act (15 U.S.C. 2066(a)) or other
import provisions enforced by the Commission;
(4) Whether the Commission requires additional statutory
authority under the Consumer Product Safety Act, the Federal
Hazardous Substances Act, the Flammable Fabrics Act, or the Poison
Prevention Packaging Act of 1970 in order to implement the risk
assessment methodology required under this section.
(5) The level of appropriations necessary to implement the risk
assessment methodology required under this section.

44affceaf0f89d24d6ee8d7cf7232277fafa24b96ce81d854032119a6a43411d

NONCOMPLIANT IMPORTED PRODUCTS.
(a) Identification of Substantial Hazards.--Section 15 (15 U.S.C.
2064), as amended by section 214, is amended by adding at the end
thereof the following:
``(j) Substantial Product Hazard List.--
``(1) In general.--The Commission may specify, by rule, for any
consumer product or class of consumer products, characteristics
whose existence or absence shall be deemed a substantial product
hazard under subsection (a)(2), if the Commission determines that--
``(A) such characteristics are readily observable and have
been addressed by voluntary standards; and
``(B) such standards have been effective in reducing the
risk of injury from consumer products and that there is
substantial compliance with such standards.
``(2) Judicial review.--Not later than 60 days after
promulgation of a rule under paragraph (1), any person adversely
affected by such rule may file a petition for review under the
procedures set forth in section 11 of this Act.''.
(b) Destruction of Noncompliant Imported Products.--Section 17(e)
(15 U.S.C. 2066(e)) is amended to read as follows:
``(e) Products refused admission into the customs territory of the
United States shall be destroyed unless, upon application by the owner,
consignee, or importer of record, the Secretary of the Treasury permits
the export of the product in lieu of destruction. If the owner,
consignee, or importer of record does not export the product within 90
days of approval to export, such product shall be destroyed.''.
(c) Inspection and Recordkeeping Requirement.--The Act is further
amended--
(1) by amending section 17(g) (15 U.S.C. 2066(g)) to read as
follows:
``(g) Manufacturers of imported products shall be in compliance
with all inspection and recordkeeping requirements under section 16
applicable to such products, and the Commission shall advise the
Secretary of the Treasury of any manufacturer who is not in compliance
with all inspection and recordkeeping requirements under section 16.'';
and
(2) by adding at the end of section 16 (15 U.S.C. 2065) the
following:
``(d) The Commission shall, by rule, condition the manufacturing
for sale, offering for sale, distribution in commerce, or importation
into the United States of any consumer product or other product on the
manufacturer's compliance with the inspection and recordkeeping
requirements of this Act and the Commission's rules with respect to
such requirements.''.

775c2a5fa5d886b7a8e40b5eac1d07ebac65894599d60e6dc05aef5d3c2b6f5c

(a) In General.--The Act (15 U.S.C. 2051 et seq.), as amended by
section 219, is further amended by adding at the end the following:
``SEC. 41. FINANCIAL RESPONSIBILITY.
``(a) Identification and Determination of Bond.--The Commission, in
consultation with U.S. Customs and Border Protection and other relevant
Federal agencies, shall identify any consumer product, or other product
or substance that is regulated under this Act or any other Act enforced
by the Commission, for which the cost of destruction would normally
exceed bond amounts determined under sections 623 and 624 of the Tariff
Act of 1930 (19 U.S.C. 1623, 1624) and shall recommend to U.S. Customs
and Border Protection a bond amount sufficient to cover the cost of
destruction of such products or substances.
``(b) Study of Requiring Escrow for Recalls and Destruction of
Products.--
``(1) Study.--The Comptroller General shall conduct a study to
determine the feasibility of requiring--
``(A) the posting of an escrow, proof of insurance, or
security sufficient in amount to cover the cost of destruction
of a domestically-produced product or substance regulated under
this Act or any other Act enforced by the Commission; and
``(B) the posting of an escrow, proof of insurance, or
security sufficient in amount to cover the cost of an effective
recall of a product or substance, domestic or imported,
regulated under this Act or any other Act enforced by the
Commission.
``(2) Report.--Not later than 180 days after the date of
enactment of the Consumer Product Safety Improvement Act of 2008,
the Comptroller General shall transmit to the appropriate
Congressional committees a report on the conclusions of the study
required under paragraph (1), including an assessment of whether
such an escrow requirement could be implemented and any
recommendations for such implementation.''.
(b) Conforming Amendments.--The table of contents in section 1 (15
U.S.C. 2051 note), as amended by section 219, is amended by adding at
the end the following:
``Sec. 41. Financial responsibility.''.

54b5ab7ac0168fb7ba994f2b32d7ad52b1cd3281ab7c6d59ead08be1d428c52e

TO SAFETY OF IMPORTED CONSUMER PRODUCTS.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) conduct a study of the authorities and provisions of the
Consumer Product Safety Act (15 U.S.C. 2051 et seq.) to assess the
effectiveness of such authorities and provisions in preventing
unsafe consumer products from entering the customs territory of the
United States;
(2) review and provide recommendations with respect to plans to
prevent unsafe consumer products from entering the customs
territory of the United States; and
(3) submit to the appropriate Congressional committees a report
on the findings of the Comptroller General with respect to
paragraphs (1) and (2), including legislative recommendations
related to, at a minimum--
(A) inspection of foreign manufacturing plants by the
Commission; and
(B) requiring foreign manufacturers to consent to the
jurisdiction of United States courts with respect to
enforcement actions by the Commission.
Subtitle D--Miscellaneous Provisions and Conforming Amendments

29eab59536fad5ca58c36c1e841e8426144ebd2ed65fd8f2b4bd7830ba691657

(a) Rule With Regard to Preemption.--The provisions of sections 25
and 26 of the Consumer Product Safety Act (15 U.S.C. 2074 and 2075,
respectively), section 18 of the Federal Hazardous Substances Act (15
U.S.C. 1261 note), section 16 of the Flammable Fabrics Act (15 U.S.C.
1203), and section 7 of the Poison Packaging Prevention Act of 1970 (15
U.S.C. 1476) establishing the extent to which those Acts preempt,
limit, or otherwise affect any other Federal, State, or local law, any
rule, procedure, or regulation, or any cause of action under State or
local law may not be expanded or contracted in scope, or limited,
modified or extended in application, by any rule or regulation
thereunder, or by reference in any preamble, statement of policy,
executive branch statements, or other matter associated with the
publication of any such rule or regulation. In accordance with the
provisions of those Acts, the Commission may not construe any such Act
as preempting any cause of action under State or local common law or
State statutory law regarding damage claims.
(b) Preservation of Certain State Law.--Nothing in this Act or the
Federal Hazardous Substances Act shall be construed to preempt or
otherwise affect any warning requirement relating to consumer products
or substances that is established pursuant to State law that was in
effect on August 31, 2003.

5d91b64afb111555a25bd09852e43937303f8f25687238d8653345daba51cf78

(a) In General.--The Act (15 U.S.C. 2051 et seq.), as amended by
section 224, is further amended by adding at the end thereof the
following:
``SEC. 42. ALL-TERRAIN VEHICLES.
``(a) In General.--
``(1) Mandatory standard.--Notwithstanding any other provision
of law, within 90 days after the date of enactment of the Consumer
Product Safety Improvement Act of 2008, the Commission shall
publish in the Federal Register as a mandatory consumer product
safety standard the American National Standard for Four Wheel All-
Terrain Vehicles Equipment Configuration, and Performance
Requirements developed by the Specialty Vehicle Institute of
America (American National Standard ANSI/SVIA -1-2007). The
standard shall take effect 150 days after it is published.
``(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--
``(A) the all-terrain vehicle complies with each applicable
provision of the standard;
``(B) the ATV is subject to an ATV action plan filed with
the Commission before the date of enactment of the 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; and
``(C) the manufacturer or distributor is in compliance with
all provisions of the applicable ATV action plan.
``(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 standard under this Act and subject to all
of the penalties and remedies available under this Act.
``(4) Compliant models with additional features.--Paragraph (2)
shall not be construed to prohibit the distribution in 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.
``(b) Modification of Standard.--
``(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.
``(2) Commission action.--Within 120 days after it receives
notice of such a revision by the American National Standards
Institute, the Commission shall issue a notice of proposed
rulemaking in accordance with section 553 of title 5, United States
Code, to amend the product safety standard for all-terrain vehicles
to include any such revision that the Commission determines is
reasonably related to the safe performance of all-terrain vehicles,
and notify the Institute of any provision it has determined not to
be so related. The Commission shall promulgate an amendment to the
standard for all-terrain vehicles within 180 days after the date on
which the notice of proposed rulemaking for the amendment is
published in the Federal Register.
``(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.
``(4) Certain provisions not applicable.--Sections 7 and 9 of
this Act shall not apply to promulgation of any amendment of the
product safety standard under paragraph (2). Judicial review of any
amendment of the standard under paragraph (2) shall be in
accordance with chapter 7 of title 5, United States Code.
``(c) Requirements for 3-Wheeled All-Terrain Vehicles.--Until a
mandatory consumer product safety standard 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.
``(d) Further Proceedings.--
``(1) Deadline.--The Commission shall issue a final rule in its
proceeding entitled `Standards for All Terrain Vehicles and Ban of
Three-wheeled All Terrain Vehicles'.
``(2) Categories of youth atvs.--In the final rule, the
Commission, in consultation with the National Highway Traffic
Safety Administration, may provide for a multiple factor method of
categorization that, at a minimum, takes into account--
``(A) the weight of the ATV;
``(B) the maximum speed of the ATV;
``(C) the velocity at which an ATV of a given weight is
traveling at the maximum speed of the ATV;
``(D) the age of children for whose operation the ATV is
designed or who may reasonably be expected to operate the ATV;
and
``(E) the average weight of children for whose operation
the ATV is designed or who may reasonably be expected to
operate the ATV.
``(3) Additional safety standards.--In the final rule, the
Commission, in consultation with the National Highway Traffic
Safety Administration, shall review the standard published under
subsection (a)(1) and establish additional safety standards for
all-terrain vehicles to the extent necessary to protect the public
health and safety. As part of its review, the Commission shall
consider, at a minimum, establishing or strengthening standards
on--
``(A) suspension;
``(B) brake performance;
``(C) speed governors;
``(D) warning labels;
``(E) marketing; and
``(F) dynamic stability.
``(e) Definitions.--In this section:
``(1) All-terrain vehicle or atv.--The term `all-terrain
vehicle' or `ATV' means--
``(A) any motorized, off-highway vehicle designed to travel
on 3 or 4 wheels, having a seat designed to be straddled by the
operator and handlebars for steering control; but
``(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.
``(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
ATVs, 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).''.
(b) GAO Study.--The Comptroller General shall conduct a study of
the utility, recreational, and other benefits of all-terrain vehicles
to which section 42 of the Consumer Product Safety Act (15 U.S.C. 2085)
applies, and the costs associated with all-terrain vehicle-related
accidents and injuries.
(c) Conforming Amendment.--The table of contents of this Act is
further amended by inserting after the item relating to section 42 the
following:
``Sec. 42. All-terrain vehicles.''.

9269f6dfd7bb8ab78e501c92e1269474941c7e2a1164f66c4c21a09f6e02a733

PACKAGING ACT OF 1970.
Section 3 of the Poison Prevention Packaging Act of 1970 (15
U.S.C. 1472) is amended by adding at the end thereof the following:
``(e) Nothing in this Act shall be construed to require the
Consumer Product Safety Commission, in establishing a standard under
this section, to prepare a comparison of the costs that would be
incurred in complying with such standard with the benefits of such
standard.''.

08ca5c23f0d58ac08315534cdb2f4812421daeea31ba8805ba0a91d6e0687f31

AND APPAREL ARTICLES.
Not later than 2 years after the date of enactment of this Act,
the Comptroller General, in consultation with the Commission, shall
conduct a study on the use of formaldehyde in the manufacture of
textile and apparel articles, or in any component of such articles, to
identify any risks to consumers caused by the use of formaldehyde in
the manufacturing of such articles, or components of such articles.

1d4e113d5f8c6fc84d05b0c1f3c14b150ee3b292a4287d13b013fc7630723673

(a) Definitions.--Section 3(a) (15 U.S.C. 2052) is amended by
adding at the end the following:
``(15) Appropriate congressional committees.--The term
`appropriate Congressional committees' means the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate.
``(16) Children's product.--The term `children's product' means
a consumer product designed or intended primarily for children 12
years of age or younger. In determining whether a consumer product
is primarily intended for a child 12 years of age or younger, the
following factors shall be considered:
``(A) A statement by a manufacturer about the intended use
of such product, including a label on such product if such
statement is reasonable.
``(B) Whether the product is represented in its packaging,
display, promotion, or advertising as appropriate for use by
children 12 years of age or younger.
``(C) Whether the product is commonly recognized by
consumers as being intended for use by a child 12 years of age
or younger.
``(D) The Age Determination Guidelines issued by the
Commission staff in September 2002, and any successor to such
guidelines.
``(17) Third-party logistics provider.--The term `third-party
logistics provider' means a person who solely receives, holds, or
otherwise transports a consumer product in the ordinary course of
business but who does not take title to the product.''.
(b) Miscellaneous.--Section 3 (15 U.S.C. 2052) is amended--
(1) by striking ``(a) for purposes of this Act:'' and inserting
``(a) In General.--In this Act:'';
(2) by indenting each paragraph and subparagraph of subsection
(a) 2 em spaces;
(3) by inserting a heading, in a form consistent with the form
of the heading of this subsection consisting of the term defined by
such paragraph, after the designation of each paragraph of
subsection (a);
(4) by reordering such paragraphs and the additional paragraphs
added by paragraph (1) of this subsection in alphabetical order
based on the headings of such paragraphs and renumbering such
paragraphs as so reordered; and
(5) by inserting ``common carriers, contract carriers, and
freight forwarders'' after ``(b)'' in subsection (b).
(c) Conforming Amendments.--
(1) Section 3(b) (15 U.S.C. 2052(b) is amended by inserting
``third-party logistics provider,'' after ``contract carrier,''.
(2) Section 6(e)(4) (15 U.S.C. 2055(e)(4)) is amended by
striking ``the Committee on Commerce, Science, and Transportation
of the Senate or the Committee on Energy and Commerce of the House
of Representatives or any subcommittee of such committee,'' and
insert ``either of the appropriate Congressional committees or any
subcommittee thereof,''.
(3) Sections 9(a), 9(c), and 35(c)(2)(D)(iii) (15 U.S.C.
2058(a), (c), and 2082(c)(2)(D)(iii), and 2082(e)(1), respectively)
are each amended by striking ``the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives'' each place it appears
and inserting ``the appropriate Congressional committees''.
(4) Section 32(b)(1) (15 U.S.C. 2050(b)(1)) is amended by
striking ``the Committee on Energy and Commerce of the House of
Representatives, and by the Committee on Commerce, Science, and
Transportation of the Senate.'' and inserting ``the appropriate
Congressional committees.''.
(5) Section 35(e)(1) (15 U.S.C. 2082(e)(1)) is amended by
striking ``the Committee on Commerce, Science, and Transportation
of the Senate and to the Committee on Energy and Commerce of the
House of Representatives'' and insert ``the appropriate
Congressional committees''.
(6) Sections 17(h)(3), 28(j)(10)(F), and 28(k)(1) and (2) (15
U.S.C. 2066(h)(3), 2077(j)(10)(F), and 2077(k)(1) and (2),
respectively) are each amended by striking ``the Congress'' and
inserting ``the appropriate Congressional committees''.
(7) Section 29(e) (15 U.S.C. 2078(e)) is amended by striking
``The Commission'' and inserting ``Notwithstanding section 6(a)(3),
the Commission''.

0b09ae8fbfe7539941fec52cc8d028749ae08bbe91453585459e490db218f9ce

(a) In General.--Section 11 (15 U.S.C. 2060) is amended by adding
at the end thereof the following:
``(g) Expedited Judicial Review.--
``(1) Application.--This subsection applies, in lieu of the
preceding subsections of this section, to judicial review of--
``(A) any consumer product safety rule promulgated by the
Commission pursuant to section 15(j) (relating to
identification of substantial hazards);
``(B) any consumer product safety standard promulgated by
the Commission pursuant to section 42 (relating to all-terrain
vehicles);
``(C) any standard promulgated by the Commission under
section 104 of the Consumer Product Safety Improvement Act of
2008 (relating to durable infant and toddler products); and
``(D) any consumer product safety standard promulgated by
the Commission under section 106 of the Consumer Product Safety
Improvement Act of 2008 (relating to mandatory toy safety
standards).
``(2) In general.--Not later than 60 days after the
promulgation, by the Commission, of a rule or standard to which
this subsection applies, any person adversely affected by such rule
or standard may file a petition with the United States Court of
Appeals for the District of Columbia Circuit for judicial review of
such rule. Copies of the petition shall be forthwith transmitted by
the clerk of the court to the Commission or other officer
designated by it for that purpose and to the Attorney General. The
record of the proceedings on which the Commission based its rule
shall be filed in the court as provided for in section 2112 of
title 28, United States Code.
``(3) Review.--Upon the filing of the petition under paragraph
(2) of this subsection, the court shall have jurisdiction to review
the rule in accordance with chapter 7 of title 5, United States
Code, and to grant appropriate relief, including interim relief, as
provided in such chapter.
``(4) Conclusiveness of judgment.--The judgment of the court
affirming or setting aside, in whole or in part, any final rule
under this section shall be final, subject to review by the Supreme
Court of the United States upon certiorari or certification, as
provided in section 1254 of title 28, United States Code.
``(5) Further review.--A rule or standard with respect to which
this subsection applies shall not be subject to judicial review in
proceedings under section 17 (relating to imported products) or in
civil or criminal proceedings for enforcement.''.
(b) Pending Actions Unaffected.--The amendment made by subsection
(a) shall not apply to any petition filed before the date of enactment
of this Act for judicial review of any action by the Consumer Product
Safety Commission.

604a093d7992a8c73a71440fcb6e6d43d4f815b3a19a51d0d59b8a64cc0f332f

Section 30 (15 U.S.C. 2079) is amended by striking subsection (d).

ed11a91e0a38b49cfc8e768f95d0af0228e9dcffba68fa5c94c5c3567eb4e6bc

Title XIV of the Energy Independence and Security Act of 2007
(Public Law 110-140) is amended--
(1) in section 1403 by adding at the end the following:
``(8) State.--The term `State' has the meaning given such term
in section 3(10) of the Consumer Product Safety Act (15 U.S.C.
2052(10)), and includes the Northern Mariana Islands.''.
(2) in section 1404 by adding at the end of subsection (b) the
following: ``If a successor standard is proposed, the American
Society of Mechanical Engineers shall notify the Commission of the
proposed revision. If the Commission determines that the proposed
revision is in the public interest, it shall incorporate the
revision into the standard after providing 30 days notice to the
public.''; and
(3) by adding at the end the following:
``SEC. 1409. APPLICABILITY.
``This Act is applicable to the United States and its territories,
including American Samoa, the Commonwealth of Puerto Rico, Guam, the
Commonwealth of the Northern Mariana Islands, and the United States
Virgin Islands.''.

d2711784a0b4d52c9d97567befdbc51220b43a04a68d708deab4bfea4058873f

(a) Effective Dates.--
(1) In general.--Except as otherwise specifically provided in
this Act, this Act and the amendments made by this Act shall take
effect on the date of enactment of this Act.
(2) Certain delayed effective dates.--The amendments made by
sections 103(c) and 214(a)(2) shall take effect on the date that is
60 days after the date of enactment of this Act. Subsection (c) of
section 42 of the Consumer Product Safety Act, as added by section
232 of this Act, and the amendments made by sections 216 and 223(b)
shall take effect on the date that is 30 days after the date of
enactment of this Act.
(b) Severability.--If any provision of this Act or the amendments
made by this Act, or the application of such provision to any person or
circumstance, is held invalid, the remainder of this Act and the
amendments made by this Act, and the application of such provision to
other persons not similarly situated or to other circumstances, shall
not be affected by such invalidation.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

358893e52e3925def8934cd9e555c368d3657fc9d15125c3f3a7a0755bceee4f

Consumer Product Safety Modernization Act — HR. 4040

Other Sections

TITLE I

TITLE II

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