[Congressional Bills 110th Congress]
[From the U.S. Government Publishing 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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (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:

Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. Authority to issue implementing regulations.

                   TITLE I--CHILDREN'S PRODUCT SAFETY

Sec. 101. Children's products containing lead; lead paint rule.
Sec. 102. Mandatory third party testing for certain children's products.
Sec. 103. Tracking labels for children's products.
Sec. 104. Standards and consumer registration of durable nursery 
          products.
Sec. 105. Labeling requirement for advertising toys and games.
Sec. 106. Mandatory toy safety standards.
Sec. 107. Study of preventable injuries and deaths in minority children 
          related to consumer products.
Sec. 108. Prohibition on sale of certain products containing specified 
          phthalates.

           TITLE II--CONSUMER PRODUCT SAFETY COMMISSION REFORM

                 Subtitle A--Administrative Improvements

Sec. 201. Reauthorization of the Commission.
Sec. 202. Full Commission requirement; interim quorum; personnel.
Sec. 203. Submission of copy of certain documents to Congress.
Sec. 204. Expedited rulemaking.
Sec. 205. Inspector general audits and reports.
Sec. 206. Industry-sponsored travel ban.
Sec. 207. Sharing of information with Federal, State, local, and foreign 
          government agencies.
Sec. 208. Employee training exchanges.
Sec. 209. Annual reporting requirement.

               Subtitle B--Enhanced Enforcement Authority

Sec. 211. Public disclosure of information.
Sec. 212. Establishment of a public consumer product safety database.
Sec. 213. Prohibition on stockpiling under other Commission-enforced 
          statutes.
Sec. 214. Enhanced recall authority and corrective action plans.
Sec. 215. Inspection of firewalled conformity assessment bodies; 
          identification of supply chain.
Sec. 216. Prohibited acts.
Sec. 217. Penalties.
Sec. 218. Enforcement by State attorneys general.
Sec. 219. Whistleblower protections.

              Subtitle C--Specific Import-Export Provisions

Sec. 221. Export of recalled and non-conforming products.
Sec. 222. Import safety management and interagency cooperation.
Sec. 223. Substantial product hazard list and destruction of 
          noncompliant imported products.
Sec. 224. Financial responsibility.
Sec. 225. Study and report on effectiveness of authorities relating to 
          safety of imported consumer products.

     Subtitle D--Miscellaneous Provisions and Conforming Amendments

Sec. 231. Preemption.
Sec. 232. All-terrain vehicle standard.
Sec. 233. Cost-benefit analysis under the Poison Prevention Packaging 
          Act of 1970.
Sec. 234. Study on use of formaldehyde in manufacturing of textile and 
          apparel articles.
Sec. 235. Technical and conforming changes.
Sec. 236. Expedited judicial review.
Sec. 237. Repeal.
Sec. 238. Pool and Spa Safety Act technical amendments.
Sec. 239. Effective dates and Severability.
SEC. 2. REFERENCES.
    (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.).
SEC. 3. AUTHORITY TO ISSUE IMPLEMENTING REGULATIONS.
    The Commission may issue regulations, as necessary, to implement 
this Act and the amendments made by this Act.

                   TITLE I--CHILDREN'S PRODUCT SAFETY

    SEC. 101. CHILDREN'S PRODUCTS CONTAINING LEAD; LEAD PAINT RULE.
    (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)).
    SEC. 102. MANDATORY THIRD PARTY TESTING FOR CERTAIN CHILDREN'S 
      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.''.
    SEC. 103. TRACKING LABELS FOR CHILDREN'S PRODUCTS.
    (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.''.
    SEC. 104. STANDARDS AND CONSUMER REGISTRATION OF DURABLE NURSERY 
      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.
    SEC. 105. LABELING REQUIREMENT FOR ADVERTISING TOYS AND GAMES.
    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).''.
    SEC. 106. MANDATORY TOY SAFETY STANDARDS.
    (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.
    SEC. 107. STUDY OF PREVENTABLE INJURIES AND DEATHS IN MINORITY 
      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.
    SEC. 108. PROHIBITION ON SALE OF CERTAIN PRODUCTS CONTAINING 
      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.

          TITLE II--CONSUMER PRODUCT SAFETY COMMISSION REFORM
                Subtitle A--Administrative Improvements

    SEC. 201. REAUTHORIZATION OF THE COMMISSION.
    (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.--''.
    SEC. 202. FULL COMMISSION REQUIREMENT; INTERIM QUORUM; PERSONNEL.
    (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.
    SEC. 203. SUBMISSION OF COPY OF CERTAIN DOCUMENTS TO CONGRESS.
    (a) In General.--Notwithstanding any rule, regulation, or order to 
the contrary, the Commission shall comply with the requirements of 
section 27(k) of the Consumer Product Safety Act (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''.
    SEC. 204. EXPEDITED RULEMAKING.
    (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''.
    SEC. 205. INSPECTOR GENERAL AUDITS AND REPORTS.
    (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).
    SEC. 206. INDUSTRY-SPONSORED TRAVEL BAN.
    (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.''.
    SEC. 207. SHARING OF INFORMATION WITH FEDERAL, STATE, LOCAL, AND 
      FOREIGN GOVERNMENT AGENCIES.
    Section 29 (15 U.S.C. 2078) is amended by adding at the end 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.''.
    SEC. 208. EMPLOYEE TRAINING EXCHANGES.
    (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.
    SEC. 209. ANNUAL REPORTING REQUIREMENT.
    (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

    SEC. 211. PUBLIC DISCLOSURE OF INFORMATION.
     Section 6 (15 U.S.C. 2055) is amended--
        (1) by inserting ``A manufacturer or private labeler shall 
    submit any such mark within 15 calendar days after the date on 
    which it receives the Commission's offer.'' after ``paragraph 
    (2).'' in subsection (a)(3);
        (2) by striking ``30 days'' in subsection (b)(1) and inserting 
    ``15 days'';
        (3) by striking ``finds that the public'' in subsection (b)(1) 
    and inserting ``publishes a finding that the public'';
        (4) by striking ``notice and publishes such a finding in the 
    Federal Register),'' in subsection (b)(1) and inserting 
    ``notice),'';
        (5) by striking ``10 days'' in subsection (b)(2) and inserting 
    ``5 days'';
        (6) by striking ``finds that the public'' in subsection (b)(2) 
    and inserting ``publishes a finding that the public'';
        (7) by striking ``notice and publishes such 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,''.
    SEC. 212. ESTABLISHMENT OF A PUBLIC CONSUMER PRODUCT SAFETY 
      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.''.
    SEC. 213. PROHIBITION ON STOCKPILING UNDER OTHER COMMISSION-
      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''.
    SEC. 214. ENHANCED RECALL AUTHORITY AND CORRECTIVE ACTION PLANS.
    (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 
    section 12. Such guidelines shall include any information that the 
    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.''.
    SEC. 215. INSPECTION OF FIREWALLED CONFORMITY ASSESSMENT BODIES; 
      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.
    SEC. 216. PROHIBITED ACTS.
    (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;''.
    SEC. 217. PENALTIES.
    (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.''.
    SEC. 218. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
    (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.''.
    SEC. 219. WHISTLEBLOWER PROTECTIONS.
    (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

    SEC. 221. EXPORT OF RECALLED AND NON-CONFORMING PRODUCTS.
    (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).''.
    SEC. 222. IMPORT SAFETY MANAGEMENT AND INTERAGENCY COOPERATION.
    (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.
    SEC. 223. SUBSTANTIAL PRODUCT HAZARD LIST AND DESTRUCTION OF 
      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.''.
    SEC. 224. FINANCIAL RESPONSIBILITY.
    (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.''.
    SEC. 225. STUDY AND REPORT ON EFFECTIVENESS OF AUTHORITIES RELATING 
      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

    SEC. 231. PREEMPTION.
    (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.
    SEC. 232. ALL-TERRAIN VEHICLE STANDARD.
    (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.''.
    SEC. 233. COST-BENEFIT ANALYSIS UNDER THE POISON PREVENTION 
      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.''.
    SEC. 234. STUDY ON USE OF FORMALDEHYDE IN MANUFACTURING OF TEXTILE 
      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.
    SEC. 235. TECHNICAL AND CONFORMING CHANGES.
    (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''.
    SEC. 236. EXPEDITED JUDICIAL REVIEW.
    (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.
    SEC. 237. REPEAL.
    Section 30 (15 U.S.C. 2079) is amended by striking subsection (d).
    SEC. 238. POOL AND SPA SAFETY ACT TECHNICAL AMENDMENTS.
    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.''.
    SEC. 239. EFFECTIVE DATES AND SEVERABILITY.
    (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.