[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4040 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4040

    To establish consumer product safety standards and other safety 
 requirements for children's products and to reauthorize and modernize 
                the Consumer Product Safety Commission.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 1, 2007

 Mr. Rush (for himself, Mr. Stearns, Mr. Dingell, Mr. Barton of Texas, 
  Mr. Towns, Mr. Whitfield, Mr. Gordon of Tennessee, Mr. Burgess, Mr. 
Stupak, Mr. Wynn, Mr. Gene Green of Texas, Ms. DeGette, Mrs. Capps, Ms. 
 Harman, Mr. Allen, Ms. Solis, Mr. Gonzalez, Mr. Inslee, Ms. Baldwin, 
Mr. Ross, Mr. Matheson, Mr. Barrow, Mr. Hill, Mr. Emanuel, Mr. Clyburn, 
 Mr. Berry, Mr. Bishop of Georgia, Mr. Boyd of Florida, Mrs. Boyda of 
Kansas, Mr. Cardoza, Mr. Clay, Mr. Cleaver, Mr. Davis of Illinois, Mr. 
Ellison, Mrs. Gillibrand, Mr. Al Green of Texas, Mr. Hall of New York, 
Mr. Hodes, Ms. Eddie Bernice Johnson of Texas, Ms. Kaptur, Mr. Kildee, 
Mr. Larson of Connecticut, Ms. Jackson-Lee of Texas, Mr. Lipinski, Mrs. 
 McCarthy of New York, Ms. Loretta Sanchez of California, Mr. Scott of 
  Virginia, Mr. Sestak, Mr. Thompson of Mississippi, and Ms. Woolsey) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
    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 Modernization Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References.
                   TITLE I--CHILDREN'S PRODUCT SAFETY

Sec. 101. Ban on children's products containing lead; lead paint rule.
Sec. 102. Mandatory third-party testing for certain children's 
                            products.
Sec. 103. Tracking labels for children's products.
Sec. 104. Standards and consumer registration of durable nursery 
                            products.
Sec. 105. Labeling requirement for certain internet and catalogue 
                            advertising of toys and games.
          TITLE II--CONSUMER PRODUCT SAFETY COMMISSION REFORM

Sec. 201. Reauthorization of the Commission.
Sec. 202. Structure and quorum.
Sec. 203. Submission of copy of certain documents to Congress.
Sec. 204. Expedited rulemaking.
Sec. 205. Public disclosure of information.
Sec. 206. Prohibition on stockpiling under other Commission-enforced 
                            statutes.
Sec. 207. Notification of noncompliance with any Commission-enforced 
                            statute.
Sec. 208. Corrective action plans.
Sec. 209. Website notice, notice to third party internet sellers, and 
                            radio and television notice.
Sec. 210. Identification of manufacturer, importers, retailers, and 
                            distributors.
Sec. 211. Export of recalled and non-conforming products.
Sec. 212. Prohibition on sale of recalled products.
Sec. 213. Increased civil penalty.
Sec. 214. Criminal penalties to include asset forfeiture.
Sec. 215. Sharing of information with Federal, State, local, and 
                            foreign government agencies.

SEC. 2. REFERENCES.

    (a) Commission.--As used in this Act, the term ``Commission'' means 
the Consumer Product Safety Commission.
    (b) Consumer Product Safety Act.--Except as otherwise expressly 
provided, whenever in this Act an amendment 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.).

                   TITLE I--CHILDREN'S PRODUCT SAFETY

SEC. 101. BAN ON CHILDREN'S PRODUCTS CONTAINING LEAD; LEAD PAINT RULE.

    (a) Children's Products Containing Lead.--
            (1) Banned hazardous substance.--Effective 60 days after 
        the date of enactment of this Act, except as provided in 
        paragraph 2(B), any children's product containing more than the 
        amounts of lead set forth in paragraph (2)(A) shall be 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) Standard for amount of lead.--The amounts of lead 
        referred to in paragraph (1) shall be--
                    (A)(i) 600 parts per million lead for any part of 
                the product;
                    (ii) 250 parts per million lead for any part of the 
                product, effective 2 years after the date of enactment 
                of this Act; and
                    (iii) 100 parts per million lead for any part of a 
                product, effective 4 years after the date of enactment 
                of this Act, unless the Commission determines, after 
                notice and a hearing, that a standard of 100 parts per 
                million is not feasible; or
                    (B) 90 parts per million of soluble lead for any 
                part of the product, as determined by the Commission by 
                rule.
            (3) Commission revisions of the standard.--
                    (A) More stringent standard.--The Commission may 
                revise the standard set forth in paragraph (2) to any 
                lower amount of lead than is set forth in such 
                subsection that the Commission determines is feasible 
                to achieve.
                    (B) Periodic review.--The Commission shall, based 
                on the best available scientific and technical 
                information, periodically review and revise the 
                standard set forth in this section to require the 
                lowest amount of lead that the Commission determines is 
                feasible to achieve.
            (4) Definition of children's product.--
                    (A) In general.--As used in this subsection, the 
                term ``children's product'' means a consumer product as 
                defined in section 3(1) of the Consumer Product Safety 
                Act (15 U.S.C. 2052(1)) designed or intended primarily 
                for children 12 years of age or younger.
                    (B) Factors to be considered.--In determining 
                whether a product is primarily intended for a child 12 
                years of age or younger, 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 or advertising as 
                        appropriate for use by children 12 years of age 
                        or younger.
                            (iii) Whether the product is commonly 
                        recognized by consumers as being intended for 
                        use by child 12 years of age or younger.
                            (iv) The Age Determination Guideline issued 
                        by the Commission in September 2002, and any 
                        successor thereto.
            (5) Exception for inaccessible component parts.--The 
        standards established under paragraph (2) shall not apply to 
        any component 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 paragraph if such component 
        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. The 
        Commission may require that certain electronic devices be 
        equipped with a child-resistant cover or casing that prevents 
        exposure of and accessibility to the parts of the product 
        containing lead if the Commission determines that it is not 
        feasible for such products to otherwise meet such standards.
            (6) No effect on state application for exemption.--Nothing 
        in this subsection affects section 18(b)(3) of the Federal 
        Hazardous Substances Act 15 U.S.C. 1261(b)(3).
    (b) Paint Standard for All Products.--Not later than 30 days after 
the date of enactment of this Act, the Commission shall modify section 
1303.1 of title 16, Code of Federal Regulations, by substituting 
``0.009 percent'' for ``0.06 percent'' in subsection (a) of that 
section.

SEC. 102. MANDATORY THIRD-PARTY TESTING FOR CERTAIN CHILDREN'S 
              PRODUCTS.

    (a) Mandatory and Third-Party Testing.--Section 14(a) (15 U.S.C. 
2063(a)) is amended--
            (1) in paragraph (1), by striking ``Every manufacturer'' 
        and inserting ``Except as provided in paragraph (2), every 
        manufacturer'';
            (2) by redesignating paragraph (2) as paragraph (3) and 
        inserting after paragraph (1) the following:
            ``(2) Every manufacturer of a children's product (and the 
        private labeler of such children's product if such product 
        bears a private label) which is subject to a consumer product 
        safety rule under this Act or a similar rule under any other 
        Act enforced by the Commission, shall--
                    ``(A) have the product tested by a independent 
                third party qualified to perform such tests; and
                    ``(B) issue a certification which shall--
                            ``(i) certify that such product conforms to 
                        such standards or rules; and
                            ``(ii) specify the applicable consumer 
                        product safety standards or other such 
                        rules.''; and
            (3) in paragraph (3) (as so redesignated)--
                    (A) by striking ``required by paragraph (1) of this 
                subsection'' and inserting ``required by paragraph (1) 
                or (2) (as the case may be)''; and
                    (B) by striking ``requirement under paragraph (1)'' 
                and inserting ``requirement under paragraph (1) or (2) 
                (as the case may be)''.
    (b) Definition of Children's Products and Independent Third 
Party.--Section 14 (15 U.S.C. 2063) is amended by adding at the end the 
following:
    ``(d) Definitions.--In this section, the following definitions 
apply:
            ``(1) Children's product.--
                    ``(A) In general.--The term `children's product' 
                means a consumer product designed or intended primarily 
                for children 6 years of age or younger. In determining 
                whether a product is primarily intended for a child 6 
                years of age or younger, 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 or advertising as 
                        appropriate for use by children 6 years of age 
                        or younger.
                            ``(iii) Whether the product is commonly 
                        recognized by consumers as being intended for 
                        use by child 6 years of age or younger.
                            ``(iv) The Age Determination Guideline 
                        issued by the Commission in September 2002, and 
                        any successor thereto
                    ``(B) Children's product containing lead.--For 
                purposes of the third party testing required by 
                subsection (a)(2) concerning prohibited levels of lead 
                in children's products, the definition of children's 
                product in section 101(a)(4) of the Consumer Product 
                Safety Modernization Act shall apply.
            ``(2) The term `independent third party', means an 
        independent testing entity that is physically separate from any 
        manufacturer or private labeler whose product will be tested by 
        such entity, and is not owned, managed, controlled, or directed 
        by such manufacturer or private labeler, and that is accredited 
        in accordance with an accreditation process established or 
        recognized by the Commission.''.

SEC. 103. TRACKING LABELS FOR CHILDREN'S PRODUCTS.

    Section 14(a) (15 U.S.C. 2063(a)) is further amended by adding at 
the end the following:
            ``(4) Effective 1 year after the date of enactment of the 
        Consumer Product Safety Modernization Act, the manufacturer of 
        a children's product shall, to the extent feasible, place 
        distinguishing marks on the product and its packaging that will 
        enable the manufacturer and the ultimate purchaser to ascertain 
        the location and date of production of the product, and any 
        other information determined by the manufacturer to facilitate 
        ascertaining the specific source of the product by reference to 
        those marks.''.

SEC. 104. STANDARDS AND CONSUMER REGISTRATION OF DURABLE NURSERY 
              PRODUCTS.

    (a) Safety Standards.--Not later than 1 year after the date of 
enactment of this Act, the Consumer Products Safety Commission shall--
            (1) examine and assess the effectiveness of any voluntary 
        consumer product safety standards on which the Commission has 
        relied with respect to durable infant or toddler product; and
            (2) in accordance with section 553 of title 5, United 
        States Code, promulgate consumer product safety rules that--
                    (A) are substantially the same as such voluntary 
                standards; or
                    (B) 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.
    (b) Consumer Registration Requirement.--
            (1) Rulemaking.--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 manufacturers of durable infant or 
        toddler products--
                    (A) to provide consumers with a postage-paid 
                consumer registration form with each such product;
                    (B) to maintain a record of the names, addresses, 
                email 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 subsection (a) 
        shall--
                    (A) include spaces for a consumer to provide their 
                name, address, telephone number, and email 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 
        standard required under this section shall require each 
        manufacturer of a durable infant or toddler product to maintain 
        a record of registrants for each product manufactured that 
        includes all 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 in facilitating product recalls. 
        Not later than 4 years after the date of enactment of this Act, 
        the Commission shall report its findings to Congress.
    (c) 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) shall include--
                    (A) full-size cribs and nonfull-size cribs;
                    (B) toddler beds;
                    (C) high chairs, booster chairs, and hook-on 
                chairs;
                    (D) bath seats;
                    (E) gates and 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 CERTAIN INTERNET AND CATALOGUE 
              ADVERTISING OF 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;
            (2) by inserting after subsection (b) the following:
    ``(c) Internet, Catalogue, and Other Advertising.--
            ``(1) Requirement.--Any advertisement of a retailer, 
        manufacturer, importer, distributor, private labeler, or 
        licensor that provides a direct means for the purchase or 
        ordering of any toy, game, balloon, small ball, or marble that 
        requires a cautionary statement under subsections (a) and (b), 
        including advertisement on Internet websites or in catalogues 
        or other distributed materials, shall include the appropriate 
        cautionary statement required under such subsections in its 
        entirety displayed on or immediately adjacent to such 
        advertisement. Such cautionary statement shall be displayed in 
        the language that is primarily used in the advertisement, 
        catalogue, or Internet website, and in a clear and conspicuous 
        manner consistent with part 1500 of title 16, Code of Federal 
        Regulations (or a successor regulation thereto).
            ``(2) Enforcement.--The requirement in paragraph (1) shall 
        be treated as a consumer product safety rule promulgated under 
        section 7 of the Consumer Product Safety Act (15 U.S.C. 2056) 
        and the publication or distribution of any advertisement that 
        is not in compliance with the requirements of paragraph (1) 
        shall be treated as a prohibited act under section 19 of such 
        Act (15 U.S.C. 2068).''.

          TITLE II--CONSUMER PRODUCT SAFETY COMMISSION REFORM

SEC. 201. REAUTHORIZATION OF THE COMMISSION.

    (a) Authorization of Appropriations.--Subsections (a) and (b) of 
section 32 (15 U.S.C. 2081) are amended to read as follows:
    ``(a) There are authorized to be appropriated to the Commission for 
the purpose of carrying out the provisions of this Act and any other 
provision of law the Commission is authorized or directed to carry 
out--
            ``(1) $80,000,000 for fiscal year 2009;
            ``(2) $90,000,000 for fiscal year 2010; and
            ``(3) $100,000,000 for fiscal year 2011.
    ``(b) In addition to the amounts specified in subsection (a), there 
are authorized to be appropriated $20,000,000 to the Commission for 
fiscal years 2009 through 2011, for the purpose of renovation, repair, 
reconstruction, re-equipping, and making other necessary capital 
improvements to the Commission's research, development, and testing 
facility (including bringing the facility into compliance with 
applicable environmental, safety, and accessibility standards).''.
    (b) Report to Congress.--Not later than 6 months after the date of 
enactment of this Act, the Commission shall transmit to Congress a 
report of its plans to allocate the funding authorized by subsection 
(a). Such report shall include--
            (1) the number of full time inspectors the Commission 
        intends to employ;
            (2) the plan of the Commission for risk assessment and 
        inspection of imported consumer products; and
            (3) the efforts of the Commission to reach and educate 
        informal sellers, such as thrift shops and yard sales, 
        concerning consumer product safety standards, especially 
        standards relating to durable nursery products, in order to 
        prevent the resale of any products that have been recalled.

SEC. 202. STRUCTURE AND QUORUM.

    (a) Extension of Temporary Quorum.--Notwithstanding section 4(d) of 
the Consumer Product Safety Act (15 U.S.C. 2053(d)), 2 members of the 
Commission, if they are not affiliated with the same political party, 
shall constitute a quorum for the transaction of business for the 
period beginning on the date of enactment of this Act through August 3, 
2008.
    (b) Repeal of Limitation.--The first proviso in the account under 
the heading ``Consumer Product Safety Commission, Salaries and 
Expenses'' in title III of Public Law 102-389 (15 U.S.C. 2053 note) 
shall cease to be in effect after fiscal year 2010.

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) 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) Rulemaking Under the Consumer Product Safety Act.--
            (1) Advanced notice of proposed rulemaking requirement.--
        Section 9 (15 U.S.C. 2058) is amended--
                    (A) by striking ``shall be commenced'' in 
                subsection (a) and inserting ``may be commenced'';
                    (B) by striking ``in the notice'' in subsection (b) 
                and inserting ``in a notice'';
                    (C) by striking ``unless, not less than 60 days 
                after publication of the notice required in subsection 
                (a), the'' in subsection (c) and inserting ``unless 
                the'';
                    (D) by inserting ``or notice of proposed 
                rulemaking'' after ``advance notice of proposed 
                rulemaking'' in subsection (c); and
                    (E) by striking ``an advance notice of proposed 
                rulemaking under subsection (a) relating to the product 
                involved,'' in the third sentence of subsection (c) and 
                inserting ``the notice''.
            (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) In General.--Whenever in the judgment of the Commission such 
action will promote the objectives of this Act by avoiding or resolving 
uncertainty as to its application, the Commission may by regulation 
declare to be a hazardous substance, for the purposes of this Act, any 
substance or mixture of substances, which the Commission finds meets 
the requirements section 2(f)(1)(A).''.
            (2) Procedure.--
                    (A) Section 2(q)(2) of the Federal Hazardous 
                Substances Act (15 U.S.C. 1261(q)(2)) is amended by 
                striking ``Proceedings for the issuance, amendment, or 
                repeal of regulations pursuant to clause (B) of 
                subparagraph (1) of this paragraph shall be governed by 
                the provisions of sections 701(e), (f), and (g) of the 
                Federal Food, Drug, and Cosmetic Act: Provided, That 
                if'' and inserting ``Proceedings for the issuance, 
                amendment, or repeal of regulations pursuant to clause 
                (B) of subparagraph (1) of this paragraph shall be 
                governed by the provisions of subsections (f) through 
                (i) of section 3 of this Act, except that if''.
                    (B) Section 3(a)(2) of the Federal Hazardous 
                Substances Act (15 U.S.C. 1262(a)(2) is amended to read 
                as follows:
    ``(2) Proceedings for the issuance, amendment, or repeal of 
regulations under this subsection and the admissibility of the record 
of such proceedings in other proceedings, shall be governed by the 
provisions of subsections (f) through (i) of this section.''.
            (3) Advanced notice of proposed rulemaking requirement.--
        Section 3 of the Federal Hazardous Substances Act (15 U.S.C. 
        1262) is amended--
                    (A) by striking ``shall be commenced'' in 
                subsection (f) and inserting ``may be commenced'';
                    (B) by striking ``in the notice'' in subsection 
                (g)(1) and inserting ``in a notice''; and
                    (C) by striking ``unless, not less than 60 days 
                after publication of the notice required in subsection 
                (f), the'' in subsection (h) and inserting ``unless 
                the''.
            (4) Conforming amendments.--The Federal Hazardous 
        Substances Act (15 U.S.C. 1261 et seq.) is amended--
                    (A) by striking paragraph (d) of section 2 and 
                inserting the following:
            ``(d) 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);
                            (ii) in section 14 (15 U.S.C. 1273); and
                            (iii) in section 21(a) (15 U.S.C. 1276(a));
                    (C) by striking ``Department'' each place it 
                appears, except in section 14(b), and inserting 
                ``Commission'';
                    (D) by striking ``he'' and ``his'' each place they 
                appear in reference to the Secretary and inserting 
                ``it'' and ``its'', respectively;
                    (E) by striking ``Secretary of Health, Education, 
                and Welfare'' each place it appears in section 10(b) 
                (15 U.S.C. 1269(b) and inserting ``Commission'';
                    (F) by striking ``Secretary of Health, Education, 
                and Welfare'' each place it appears in section 14 (15 
                U.S.C. 1273) and inserting ``Commission'';
                    (G) by striking ``Department of Health, Education, 
                and Welfare'' in section 14(b) (15 U.S.C. 1273(b)) and 
                inserting ``Commission'';
                    (H) by striking ``Consumer Product Safety 
                Commission'' each place it appears and inserting 
                ``Commission''; and
                    (I) by striking ``(hereinafter in this section 
                referred to as the `Commission')'' in section 20(a)(1) 
                (15 U.S.C. 1275(a)(1)).

SEC. 205. PUBLIC DISCLOSURE OF INFORMATION.

    Section 6(b) (15 U.S.C. 2055(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``30 days'' and inserting ``15 
                days'';
                    (B) by striking ``finds that the public'' and 
                inserting ``publishes a finding that the public''; and
                    (C) by striking ``and publishes such a finding in 
                the Federal Register'';
            (2) in paragraph (2)--
                    (A) by striking ``10 days'' and inserting ``5 
                days'';
                    (B) by striking ``finds that the public'' and 
                inserting ``publishes a finding that the public''; and
                    (C) by striking ``and publishes such a finding in 
                the Federal Register'';
            (3) in paragraph (4), by striking ``section 19 (related to 
        prohibited acts)'' and inserting ``any consumer product safety 
        rule under this Act or similar rule under or provision of any 
        other Act administered by the Commission''; and
            (4) in paragraph (5)--
                    (A) in subparagraph (B), by striking ``; or'' and 
                inserting a semicolon;
                    (B) in subparagraph (C), by striking the period and 
                inserting ``; or'';
                    (C) by adding at the end the following:
            ``(D) the Commission publishes a finding that the public 
        health and safety require public disclosure with a lesser 
        period of notice than is required under paragraph (1).''; and
                    (D) in the matter following such subparagraph (as 
                added by subparagraph (C)), by striking ``section 
                19(a)'' and inserting ``any consumer product safety 
                rule under this Act or similar rule under or provision 
                of any other Act administered by the Commission''.

SEC. 206. 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 any other law 
        enforced by the Commission applies,'' after ``applies,''; and
            (2) by striking ``consumer product safety'' the second, 
        third, and fourth places it appears.

SEC. 207. NOTIFICATION OF NONCOMPLIANCE WITH ANY COMMISSION-ENFORCED 
              STATUTE.

    Section 15(b) (15 U.S.C. 2064(b)) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) fails to comply with any other rule affecting health 
        and safety promulgated by the Commission under the Federal 
        Hazardous Substances Act, the Flammable Fabrics Act, or the 
        Poison Prevention Packaging Act;''.

SEC. 208. CORRECTIVE ACTION PLANS.

    Section 15(d) (15 U.S.C. 2064(d)) is amended--
            (1) by inserting ``(1)'' after the subsection designation;
            (2) by redesignating paragraphs (1), (2), and (3) as 
        subparagraphs (A), (B), and (C);
            (3) by striking ``more (A)'' in subparagraph (C), as 
        redesignated, and inserting ``more (i)'';
            (4) by striking ``or (B)'' in subparagraph (C), as 
        redesignated, and inserting ``or (ii)'';
            (5) by striking ``An order under this subsection may'' and 
        inserting:
    ``(2) An order under this subsection shall'';
            (6) by striking ``, satisfactory to the Commission,'' and 
        inserting ``, as promptly as practicable under the 
        circumstances, as determined by the Commission, for approval by 
        the Commission,''; and
            (7) 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 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.
    ``(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.''.

SEC. 209. WEBSITE NOTICE, NOTICE TO THIRD PARTY INTERNET SELLERS, AND 
              RADIO AND TELEVISION NOTICE.

    Section 15(c)(1) (15 U.S.C. 2064(c)(1)) is amended by inserting ``, 
including posting clear and conspicuous notice on its Internet website, 
providing notice to any third party Internet website on which such 
manufacturer, retailer, or distributor 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'' after ``comply''.

SEC. 210. IDENTIFICATION OF MANUFACTURER, IMPORTERS, RETAILERS, AND 
              DISTRIBUTORS.

    Section 16 (15 U.S.C. 2065) is amended by adding at the end thereof 
the following:
    ``(c) 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 in the 
        possession of 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 or such product or substance; and
                    ``(C) each subcontractor from which the 
                manufacturer obtained a component thereof.''.

SEC. 211. EXPORT OF RECALLED AND NON-CONFORMING PRODUCTS.

    (a) In General.--Section 18 (15 U.S.C. 2067) is amended by adding 
at the end the following:
    ``(c) Notwithstanding any other provision of this section, the 
Commission may prohibit, by order, a person from exporting from the 
United States for purpose of sale any consumer product, or other 
product or substance that is regulated under any Act enforced by the 
Commission, that the Commission determines, after notice to the 
manufacturer--
            ``(1) is not in conformity with an applicable consumer 
        product safety rule under this Act or a similar rule under any 
        such other Act;
            ``(2) is subject to an order issued under section 12 or 15 
        of this Act or designated as a banned hazardous substance under 
        the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.); 
        or
            ``(3) 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 and that would 
        have been subject to a mandatory corrective action under this 
        or another Act enforced by the Commission if voluntary action 
        had not been taken by the manufacturer,
unless the importing country has notified the Commission that such 
country accepts the importation of such product.''.
    (b) Prohibited Act.--Section 19(a)(10) (15 U.S.C. 2068(a)(10)) is 
amended by striking the period at the end and inserting `` or violate 
an order of the Commission issued under section 18(c); or''.
    (c) Conforming Amendments to Other Acts.--
            (1) Federal hazardous substances act.--Section 5(b)(3) of 
        the Federal Hazardous Substances Act (15 U.S.C. 1264(b)(3)) is 
        amended by striking ``substance presents an unreasonable risk 
        of injury to persons residing in the United States'' and 
        inserting ``substance is prohibited under section 18(c) of the 
        Consumer Product Safety Act,''.
            (2) 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, 
related material, or product that the Commission determines, after 
notice to the manufacturer--
            ``(1) is not in conformity with an applicable consumer 
        product safety rule under the Consumer Product Safety Act or 
        with a rule under this Act;
            ``(2) is subject to an order issued under section 12 or 15 
        of the Consumer Product Safety Act or designated as a banned 
        hazardous substance under the Federal Hazardous Substances Act 
        (15 U.S.C. 1261 et seq.); or
            ``(3) 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 and that would 
        have been subject to a mandatory corrective action under this 
        or another Act enforced by the Commission if voluntary action 
        had not been taken by the manufacturer,
unless the importing country has notified the Commission that such 
country accepts the importation of such product.''.

SEC. 212. PROHIBITION ON SALE OF RECALLED PRODUCTS.

    Section 19(a) (as amended by section 210) (15 U.S.C. 2068(a)) is 
further amended--
            (1) by striking paragraph (1) 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 any other Act enforced by the Commission, that 
        is--
                    ``(A) not in conformity with an applicable consumer 
                product safety standard under this Act, or any similar 
                rule under any such other Act;
                    ``(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
                    ``(C) subject to an order issued under section 12 
                or 15 of this Act, designated a banned hazardous 
                substance under the Federal Hazardous Substances Act 
                (15 U.S.C. 1261 et seq.);'';
            (2) by striking ``or'' after the semicolon in paragraph 
        (7);
            (3) by striking ``and'' after the semicolon in paragraph 
        (8); and
            (4) by striking ``insulation).'' in paragraph (9) and 
        inserting ``insulation);''.

SEC. 213. INCREASED CIVIL PENALTY.

    (a) Maximum Civil Penalties of the Consumer Product Safety 
Commission.--
            (1) Initial increase in maximum civil penalties.--
                    (A) Temporary increase.--Notwithstanding the dollar 
                amounts specified for maximum civil penalties specified 
                in section 20(a)(1) of the Consumer Product Safety Act 
                (15 U.S.C. 2069(a)(1)), section 5(c)(1) of the Federal 
                Hazardous Substances Act, and section 5(e)(1) of the 
                Flammable Fabrics Act (15 U.S.C. 1194(e)(1)), the 
                maximum civil penalties for any violation specified in 
                such sections shall be $5,000,000, beginning on the 
                date that is the earlier of the date on which final 
                regulations are issued under section 3(b) or 360 days 
                after the date of enactment of this Act.
                    (B) Effective date.--Paragraph (1) shall cease to 
                be in effect on the date on which the amendments made 
                by subsection (b)(1) shall take effect.
            (2) Permanent increase in maximum civil penalties.--
                    (A) Amendments.--
                            (i) Consumer product safety act.--Section 
                        20(a)(1) 15 U.S.C. 2069(a)(1)) is amended by 
                        striking ``$1,250,000'' both places it appears 
                        and inserting ``$10,000,000''.
                            (ii) Federal hazardous substances act.--
                        Section 5(c)(1) of the Federal Hazardous 
                        Substances Act (15 U.S.C. 1264(c)(1)) is 
                        amended by striking ``$1,250,000'' both places 
                        it appears and inserting ``$10,000,000''.
                            (iii) Flammable fabrics act.--Section 
                        5(e)(1) of the Flammable Fabrics Act (15 U.S.C. 
                        1194(e)(1)) is amended by striking 
                        ``$1,250,000'' and inserting ``$10,000,000''.
                    (B) Effective date.--The amendments made by 
                paragraph (1) shall take effect on the date that is 1 
                year after the earlier of--
                            (i) the date on which final regulations are 
                        issued pursuant to section 3(b); or
                            (ii) 360 days 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(b) (15 
                U.S.C. 2069(b)) is amended--
                            (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 ``, and such other 
                        factors as appropriate'' before the period.
                    (B) Federal hazardous substances act.--Section 
                5(c)(3) of the Federal Hazardous Substances Act (15 
                U.S.C. 1264(c)(3)) is amended--
                            (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 ``, and such other 
                        factors as appropriate'' before the period.
                    (C) Flammable fabrics act.--Section 5(e)(2) of the 
                Flammable Fabrics Act (15 U.S.C. 1194(e)(2)) is 
                amended--
                            (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) Regulations.--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).

SEC. 214. 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 penalty 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 of any other Act enforced by the Commission for 
which the violator is sentenced under this section, section 5(a) of the 
Federal hazardous Substances Act (15 U.S.C. 2064(a)), or section 7 of 
the Flammable Fabrics Act (15 U.S.C. 1196).''.

SEC. 215. 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)(1) The Commission may make information obtained by the 
Commission under section 6 available to any Federal, State, local, or 
foreign government agency upon the prior certification of an 
appropriate official of any such agency, either by a prior agreement or 
memorandum of understanding with the Commission or by other written 
certification, that such material will be maintained in confidence and 
will be used only for official law enforcement or consumer protection 
purposes, if--
            ``(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) the foreign government agency is not from a foreign 
        state that the Secretary of State has determined, in accordance 
        with section 6(j) of the Export Administration Act of 1979 (50 
        U.S.C. App. 2405(j)), has repeatedly provided support for acts 
        of international terrorism, unless and until such determination 
        is rescinded pursuant to section 6(j)(4) of that Act (50 U.S.C. 
        App. 2405(j)(4)).
            ``(2) The Commission may abrogate any agreement or 
        memorandum of understanding entered into under paragraph (1) if 
        the Commission determines that the foreign government agency 
        with which such agreement or memorandum of understanding was 
        entered into 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)(A) Except as provided in subparagraph (B) of this 
        paragraph, the Commission shall not be required to disclose 
        under section 552 of title 5, United States Code, or any other 
        provision of law--
                    ``(i) 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;
                    ``(ii) 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
                    ``(iii) any material reflecting a consumer 
                complaint submitted to a Commission reporting mechanism 
                sponsored in part by foreign government agencies.
            ``(B) Nothing in this subsection shall authorize the 
        Commission to withhold information from the Congress or prevent 
        the Commission from complying with an order of a court of the 
        United States in an action commenced by the United States or 
        the Commission.
    ``(4) 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).''.
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