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






                                                 Union Calendar No. 306
110th CONGRESS
  1st Session
                                H. R. 4040

                          [Report No. 110-501]

    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

                           December 19, 2007

   Additional sponsors: Ms. Shea-Porter, Mr. Doyle, Mrs. Lowey, Mr. 
   McNerney, Ms. Matsui, Mr. Butterfield, Ms. Bordallo, Ms. Herseth 
Sandlin, Ms. Wasserman Schultz, Mr. Walsh of New York, Mr. DeFazio, Mr. 
McNulty, Mr. Hastings of Florida, Mr. Wilson of Ohio, Ms. Giffords, Ms. 
 Castor, Ms. Lee, Mr. Langevin, Ms. Sutton, Mr. Farr, Mr. Van Hollen, 
Mr. Reyes, Mr. Hinojosa, Mr. Visclosky, Mr. Perlmutter, Mr. Space, Mr. 
     Moore of Kansas, Mr. Honda, Mr. Boucher, Mr. Fortenberry, Ms. 
   Richardson, Mr. Hare, Ms. Clarke, Mr. Courtney, Mr. Sarbanes, Mr. 
Sires, Mr. Johnson of Georgia, Mr. Lampson, Ms. Hooley, Mr. Mahoney of 
 Florida, Mr. Reichert, Mr. Engel, Mr. Pomeroy, Mr. Moran of Virginia, 
 Mr. Melancon, Mr. Welch of Vermont, Mr. Walden of Oregon, Mr. Waxman, 
  Mr. Pastor, Mrs. Tauscher, Mr. Murphy of Connecticut, Ms. Bean, Mr. 
 Cummings, Ms. Schakowsky, Mr. Ackerman, Mr. Altmire, and Mr. Donnelly

                           December 19, 2007

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           November 1, 2007]

_______________________________________________________________________

                                 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.
Sec. 3. Authority to issue implementing regulations.

                   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.
Sec. 106. Study of preventable injuries and deaths in minority children 
                            related to consumer products.
Sec. 107. Review of generally-applicable standards for toys.

          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. Publicly available information on incidents involving injury 
                            or death.
Sec. 207. Prohibition on stockpiling under other Commission-enforced 
                            statutes.
Sec. 208. Notification of noncompliance with any Commission-enforced 
                            statute.
Sec. 209. Enhanced recall authority and corrective action plans.
Sec. 210. Website notice, notice to third party internet sellers, and 
                            radio and television notice.
Sec. 211. Inspection of certified proprietary laboratories.
Sec. 212. Identification of manufacturer, importers, retailers, and 
                            distributors.
Sec. 213. Export of recalled and non-conforming products.
Sec. 214. Prohibition on sale of recalled products.
Sec. 215. Increased civil penalty.
Sec. 216. Criminal penalties to include asset forfeiture.
Sec. 217. Enforcement by State attorneys general.
Sec. 218. Effect of rules on preemption.
Sec. 219. Sharing of information with Federal, State, local, and 
                            foreign government agencies.
Sec. 220. Inspector General authority and accessibility.
Sec. 221. Repeal.
Sec. 222. Industry-sponsored travel ban.
Sec. 223. Annual reporting requirement.
Sec. 224. Study on the effectiveness of authority relating to imported 
                            products.

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.).
    (c) Rule.--In this Act and the amendments made by this Act, a 
reference to any rule under any Act enforced by the Commission shall be 
considered a reference to any rule, standard, ban, or order under any 
such Act.

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

    (a) Children's Products Containing Lead.--
            (1) Banned hazardous substance.--Effective 180 days after 
        the date of enactment of this Act, any children's product 
        containing more than the amounts of lead set forth in paragraph 
        (2) 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) 600 parts per million total lead content by 
                weight for any part of the product;
                    (B) 300 parts per million total lead content by 
                weight for any part of the product, effective 2 years 
                after the date of enactment of this Act; and
                    (C) 100 parts per million total lead content by 
                weight for any part of the 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, in 
                which case the Commission shall require the lowest 
                amount of lead that the Commission determines is 
                feasible to achieve.
            (3) Commission revision to more protective standard.--
                    (A) More protective standard.--The Commission may, 
                by rule, revise the standard set forth in paragraph 
                (2)(C) for any class of children's products to any 
                level and form that the Commission determines is--
                            (i) more protective of human health; and
                            (ii) 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) Commission authority to exclude certain materials.--The 
        Commission may, by rule, exclude certain products and materials 
        from the prohibition in paragraph (1) if the Commission 
        determines that the lead content in such products and materials 
        will not result in the absorption of lead in the human body or 
        does not have any adverse impact on public health or safety.
            (5) 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 Guidelines 
                        issued by the Commission staff in September 
                        2002, and any successor thereto.
            (6) Exception for inaccessible component parts.--The 
        standards established under paragraph (2) 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 paragraph 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. 
        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.
    (b) Paint Standard.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Commission shall modify section 
        1303.1 of title 16, Code of Federal Regulations, to--
                    (A) reduce the standard applicable to lead paint by 
                substituting ``0.009 percent'' for ``0.06 percent'' in 
                subsection (a) of that section;
                    (B) apply the standard to all children's products 
                as defined in subsection (a)(5); and
                    (C) reduce the standard for paint and other surface 
                coating on children's products and furniture to 0.009 
                milligrams per centimeter squared.
            (2) More protective standard.--Not later than 3 years after 
        the date of enactment of this Act, the Commission shall, by 
        rule, revise the standard established under paragraph (1)(C) to 
        a more protective standard if the Commission determines such a 
        standard to be feasible.
    (c) Authority to Extend Implementation Periods.--The Commission may 
extend, by rule, the effective dates in subsections (a) and (b) by an 
additional period not to exceed 180 days if the Commission determines 
that--
            (1) there is no impact on public health or safety from 
        extending the implementation period; and
            (2)(A) the complete implementation of the new standards by 
        manufacturers subject to such standards is not feasible within 
        180 days;
            (B) the cost of such implementation, particularly on small 
        and medium sized enterprises, is excessive; or
            (C) the Commission requires additional time to implement 
        such standards and determine the required testing methodologies 
        and appropriate exceptions in order to enforce such standards.

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)--
                    (A) by striking ``Every manufacturer'' and 
                inserting ``Except as provided in paragraph (2), every 
                manufacturer''; and
                    (B) by striking ``standard under this Act'' and 
                inserting ``rule under this Act or similar rule under 
                any other Act enforced by the Commission'';
            (2) by redesignating paragraph (2) as paragraph (3) and 
        inserting after paragraph (1) the following:
            ``(2) Effective 1 year after the date of enactment of the 
        Consumer Product Safety Modernization Act, 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 or standard under any other Act enforced by the 
        Commission, shall--
                    ``(A) have the product tested by a independent 
                third party qualified to perform such tests or a 
                proprietary laboratory certified by the Commission 
                under subsection (e) ; and
                    ``(B) issue a certificate which shall--
                            ``(i) certify that such product conforms to 
                        such standards or rules; and
                            ``(ii) specify the applicable consumer 
                        product safety standards or other similar 
                        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) 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 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 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 child 12 years 
                of age or younger.
                    ``(D) The Age Determination Guidelines issued by 
                the Commission staff in September 2002, and any 
                successor thereto.
            ``(2) The term `independent third party', means an 
        independent testing entity that 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. In the case of certification of art material or art 
        material products required under this section or under 
        regulations issued under the Federal Hazardous Substances Act, 
        such term includes a certifying organization, as such term is 
        defined in appendix A to section 1500.14(b)(8) of title 16, 
        Code of Federal Regulations.''.
    (c) Certification of Proprietary Laboratories.--Section 14 (15 
U.S.C. 2063) is further amended by adding at the end the following:
    ``(e) Certification of Proprietary Laboratories for Mandatory 
Testing.--
            ``(1) Certification.--Upon request, the Commission, or an 
        independent standard-setting organization to which the 
        Commission has delegated such authority, may certify a 
        laboratory that is owned, managed, controlled, or directed by 
        the manufacturer or private labeler for purposes of testing 
        required under this section if the Commission determines that--
                    ``(A) certification of the laboratory would provide 
                equal or greater consumer safety protection than the 
                manufacturer's use of an independent third party 
                laboratory;
                    ``(B) the laboratory has established procedures to 
                ensure that the laboratory is protected from undue 
                influence, including pressure to modify or hide test 
                results, by the manufacturer or private labeler; and
                    ``(C) the laboratory has established procedures for 
                confidential reporting of allegations of undue 
                influence to the Commission.
            ``(2) Decertification.--The Commission, or an independent 
        standard-setting organization to which the Commission has 
        delegated such authority, may decertify any laboratory 
        certified under paragraph (1) if the Commission finds, after 
        notice and investigation, that a manufacturer or private 
        labeler has exerted undue influence on the laboratory.''.
    (d) Conforming Amendments.--Section 14(b) (15 U.S.C. 2063(b)) is 
amended--
            (1) by striking ``standards under this Act'' and inserting 
        ``rules under this Act or similar rules under any other Act 
        enforced by the Commission''; and
            (2) by striking ``, at the option of the person required to 
        certify the product,'' and inserting ``be required by the 
        Commission to''.

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) 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 product; and
                    (B) in accordance with section 553 of title 5, 
                United States Code, promulgate consumer product safety 
                rules 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 rules for no fewer than 2 categories of durable 
        nursery 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 rules set 
        forth under this subsection to ensure that such rules provide 
        the highest level of safety for such products that is feasible.
    (c) 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 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 Congress.
    (d) 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.--Effective 180 days after the Consumer 
        Product Safety Modernization Act, 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).
            ``(3) Rulemaking.--Not later than 180 days after the date 
        of enactment of Consumer Product Safety Modernization Act, the 
        Commission shall, by rule, modify the requirement under 
        paragraph (1) with regard to catalogues or other printed 
        materials concerning the size and placement of the cautionary 
        statement required under such paragraph as appropriate relative 
        to the size and placement of the advertisements in such printed 
        materials. The Commission may, under such rule, provide a grace 
        period for catalogues and printed materials printed prior to 
        the effective date in paragraph (1) during which time 
        distribution of such printed materials shall not be considered 
        a violation of such paragraph.''.

SEC. 106. 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 the 
enactment of this Act, the Comptroller General shall initiate a study 
to assess disparities in the risks and incidence of preventable 
injuries and deaths among children of minority populations, including 
Black, Hispanic, American Indian, Alaskan native, and Asian/Pacific 
Islander children in the United States. 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 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 the enactment 
of this Act, the Comptroller General shall report the findings to the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate. 
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. 107. REVIEW OF GENERALLY-APPLICABLE STANDARDS FOR TOYS.

    (a) Assessment.--The Commission shall examine and assess the 
effectiveness of the safety standard for toys, ASTM-International 
standard F963-07, or its successor standard, to determine--
            (1) the scope of such standards, including the number and 
        type of toys to which such standards apply;
            (2) the degree of adherence to such standards on the part 
        of manufacturers; and
            (3) the adequacy of such standards in protecting children 
        from safety hazards.
    (b) Special Focus on Magnets.--In conducting the assessment 
required under subsection (a), the Commission shall first examine the 
effectiveness of the F963-07 standard as it relates to intestinal 
blockage and perforation hazards caused by ingestion of magnets. If the 
Commission determines based on the review that there is substantial 
noncompliance with such standard that creates an unreasonable risk of 
injury or hazard to children, the Commission shall expedite a 
rulemaking to consider the adoption, as a consumer product safety rule, 
of the voluntary safety standards contained within the ASTM F963-07, or 
its successor standard, that relate to intestinal blockage and 
perforation hazards caused by ingestion of magnets.
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Commission shall report to Congress the findings of the 
study conducted pursuant to subsection (a). Such report shall include 
the Commission's opinion regarding--
            (1) the feasibility of requiring manufacturer testing of 
        all toys to such standards; and
            (2) whether promulgating consumer product safety rules that 
        are substantially similar or more stringent than the standards 
        described in such subsection would be beneficial to public 
        health and safety.

          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 180 days 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 and other full-time 
        equivalents the Commission intends to employ;
            (2) the plan of the Commission for risk assessment and 
        inspection of imported consumer products;
            (3) an assessment of the feasibility of mandating bonds for 
        serious hazards and repeat offenders and Commission inspection 
        and certification of foreign third-party and proprietary 
        testing facilities; 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 
        standards 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.

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--
            (1) August 3, 2008, if the President nominates a person to 
        fill a vacancy on the Commission prior to such date; or
            (2) the earlier of--
                    (A) 3 months after the date on which the President 
                nominates a person to fill a vacancy on the Commission 
                after such date; or
                    (B) February 3, 2009.
    (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) Advance 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)(1) of the Federal Hazardous 
        Substances Act (15 U.S.C. 1262(a)(1)) is amended to read as 
        follows:
    ``(1) 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) Advance 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 subsection (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(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 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)).
    (c) Rulemaking Under the 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'' and 
                inserting ``may be commenced by a notice of proposed 
                rulemaking or'';
                    (B) in subsection (i), by striking ``unless, not 
                less than 60 days after publication of the notice 
                required in subsection (g), the'' and inserting 
                ``unless the''.
            (2) Other conforming amendments.--The Flammable Fabrics Act 
        (15 U.S.C. 1193 et seq.) is further amended--
                    (A) by striking subsection (i) of section 2 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 ``the Commission'';
                    (C) by striking ``Secretary'' each place it 
                appears, except in sections 9 and 14, and inserting 
                ``Commission'';
                    (D) by striking ``he'' and ``his'' each place 
                either term appears in reference to the secretary and 
                insert ``it'' and ``its'', respectively;
                    (E) in section 4(e), by striking paragraph (5) and 
                redesignating paragraph (6) as paragraph (5);
                    (F) in section 15, by striking ``Consumer Product 
                Safety Commission (hereinafter referred to as the 
                `Commission')'' and inserting ``Commission'';
                    (G) by striking section 16(d) and inserting the 
                following:
    ``(d) In this section, a reference to a flammability standard or 
other regulation for a fabric, related materials, 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) in section 17, by striking ``Consumer Product 
                Safety Commission'' and inserting ``Commission''.

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 or provision of 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. PUBLICLY AVAILABLE INFORMATION ON INCIDENTS INVOLVING INJURY 
              OR DEATH.

    (a) Evaluation.--The Commission shall examine and assess the 
efficacy of the Injury Information Clearinghouse maintained by the 
Commission pursuant to section 5(a) of the Consumer Product Safety Act 
(15 U.S.C. 2054(a)). The Commission shall determine the volume and 
types of publicly available information on incidents involving consumer 
products that result in injury, illness, or death and the ease and 
manner in which consumers can access such information.
    (b) Improvement Plan.--As a result of the study conducted under 
subsection (a), the Commission shall transmit to Congress, not later 
than 180 days after the date of enactment of this Act, a detailed plan 
for maintaining and categorizing such information on a searchable 
Internet database to make the information more easily available and 
beneficial to consumers, with due regard for the protection of personal 
information. Such plan shall include the views of the Commission 
regarding whether additional information, such as consumer complaints, 
hospital or other medical reports, and warranty claims, should be 
included in the database. The plan submitted under this subsection 
shall include a detailed implementation schedule for the database, 
recommendations for any necessary legislation, and plans for a public 
awareness campaign to be conducted by the Commission to increase 
consumer awareness of the database.

SEC. 207. 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. 208. 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;
            (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;''; and
            (3) by adding at the end the following sentence: ``A report 
        provided under this paragraph (2) may not be used as the basis 
        for criminal prosecution 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.''.

SEC. 209. ENHANCED RECALL AUTHORITY AND CORRECTIVE ACTION PLANS.

    (a) Enhanced Recall Authority.--Section 15 (15 U.S.C. 2064) is 
amended--
            (1) in subjection (c)--
                    (A) by striking ``if the Commission'' and inserting 
                ``(1) If the Commission'';
                    (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.''; and
                    (E) by adding at the end the following:
    ``(2) 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.''.
            (2) 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) 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 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 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.''.
    (c) Content of Notice.--Section 15 is further amended by adding at 
the end the following:
    ``(i) Not later than 180 days after the date of enactment of this 
Act, 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--
            ``(1) identifying the specific product that is subject to 
        such an order;
            ``(2) understanding the hazard that has been identified 
        with such product (including information regarding incidents or 
        injuries known to have occurred involving such product); and
            ``(3) understanding what remedy, if any, is available to a 
        consumer who has purchased the product.''.

SEC. 210. 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. 211. INSPECTION OF CERTIFIED PROPRIETARY LABORATORIES.

    Section 16(a)(1) is amended by striking ``or (B)'' and inserting 
``(B) any proprietary laboratories certified under section 14(e), or 
(C)''.

SEC. 212. IDENTIFICATION OF MANUFACTURER, IMPORTERS, RETAILERS, AND 
              DISTRIBUTORS.

    (a) In General.--Section 16 (15 U.S.C. 2065) is further 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.''.
    (b) Compliance Required for Importation.--Section 17 (15 U.S.C. 
2066) is amended--
            (1) in subsection (g), by striking ``may'' and inserting 
        ``shall''; and
            (2) in subsection (h)(2), by striking ``may'' and inserting 
        ``shall, consistent with section 6,''.

SEC. 213. 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, 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 product under the 
circumstances.''.
    (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, 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 product under the 
circumstances.''.

SEC. 214. 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;
                    ``(C) subject to an order issued under section 12 
                or 15 of this Act; or
                    ``(D) 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. 215. 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. 216. 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. 217. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

    Section 24 (15 U.S.C. 2073) is amended--
            (1) in the section heading, by striking ``private'' and 
        inserting ``additional'';
            (2) by striking ``Any interested person'' and inserting 
        ``(a) Any interested person''; and
            (3) by striking ``No separate suit'' and all that follows 
        and inserting the following:
    ``(b)(1) The attorney general of a State, alleging a violation of 
section 19(a) 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 enforce a consumer product safety rule 
or an order under section 15, and to obtain appropriate injunctive 
relief.
    ``(2) Not less than thirty days prior to the commencement of such 
action, the attorney general shall give notice by registered mail to 
the Commission, to the Attorney General, and to the person against whom 
such action is directed. Such notice shall state the nature of the 
alleged violation of any such standard or order, the relief to be 
requested, and the court in which the action will be brought. The 
Commission shall have the right--
            ``(A) to intervene in the action;
            ``(B) upon so intervening, to be heard on all matters 
        arising therein;
            ``(C) and to file petitions for appeal.
    ``(c) No separate suit shall be brought under this section 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. In any action under this section the court may in the interest of 
justice award the costs of suit, including reasonable attorneys' fees 
(determined in accordance with section 11(f)) and reasonable expert 
witnesses' fees.''.

SEC. 218. EFFECT OF RULES ON PREEMPTION.

    In issuing any rule or regulation in accordance with its statutory 
authority, the Commission shall not seek to expand or contract the 
scope, or limit, modify, interpret, or extend the application of 
sections 25 and 26 of the Consumer Products Safety Act (15 U.S.C. 2074 
and 2075, respectively), section 18 of the Federal Hazardous Substances 
Act (15 U.S.C. 1261), section 7 of the Poison Prevention Packaging Act 
(15 U.S.C. 1476), or section 16 of the Flammable Fabrics Act (15 U.S.C. 
1203) with regard to the extent to which each such Act preempts, 
limits, or otherwise affects any other Federal, State, or local law, or 
limits or otherwise affects any cause of action under State or local 
law.

SEC. 219. 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 this Act available (consistent with the requirements 
of section 6) 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) The Commission may abrogate any agreement or 
        memorandum of understanding entered into under paragraph (1) if 
        the Commission determines that the 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).
    ``(g) Whenever the Commission is notified of any voluntary recall 
of any consumer product self-initiated by a manufacturer (or a retailer 
in the case of a retailer selling a product under its own label), 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 the recall or order.''.

SEC. 220. INSPECTOR GENERAL AUTHORITY AND ACCESSIBILITY.

    (a) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Inspector General of the Commission shall transmit a 
report to Congress 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.
    (b) Employee Complaints.--
            (1) In general.--The Inspector General of the Commission 
        shall conduct a review of--
                    (A) complaints received by the Inspector General 
                from employees of the Commission about violations of 
                rules, regulations, or the provisions of any Act 
                enforced by the Commission; and
                    (B) the process by which corrective action plans 
                are negotiated with such employees by the Commission, 
                including an assessment of the length of time for these 
                negotiations and the effectiveness of the plans.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Inspector General shall transmit a 
        report to the Commission and to Congress setting forth the 
        Inspector General's findings, conclusions, actions taken in 
        response to employee complaints, and recommendations.
    (c) Complaint Procedure.--Not later than 30 days after the date of 
enactment of this Act the Commission shall establish and maintain on 
the homepage of the Commission's Internet website a mechanism by which 
individuals may anonymously report incidents of waste, fraud, or abuse 
with respect to the Commission.

SEC. 221. REPEAL.

    Section 30 (15 U.S.C. 2079) is amended by striking subsection (d) 
and redesignating subsections (e) and (f) as subsections (d) and (e), 
respectively.

SEC. 222. INDUSTRY-SPONSORED TRAVEL BAN.

    The Consumer Product Safety Act (15 U.S.C. 1251 et seq.) is amended 
by adding at the end the following new section:

``SEC. 38. PROHIBITION ON INDUSTRY-SPONSORED TRAVEL.

    ``(a) Prohibition.--Notwithstanding section 1353 of title 31, 
United States Code, no Commissioner or employee of the Commission shall 
accept travel, subsistence, and 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) Authorization of Appropriations for Official Travel.--There 
are authorized to be appropriated, for each of fiscal years 2009 
through 2011, $1,200,000 to the Commission for certain travel and 
lodging expenses necessary in furtherance of the official duties of 
Commissioners and employees.''.

SEC. 223. ANNUAL REPORTING REQUIREMENT.

    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 (6) through (12), respectively and inserting after 
        paragraph (4) the following:
            ``(5) the number and summary of recall orders issued under 
        section 12 or 15 during such year and a summary of voluntary 
        actions taken by manufacturers of which the Commission has 
        notified the public, and an assessment of such orders and 
        actions;''.

SEC. 224. STUDY ON THE EFFECTIVENESS OF AUTHORITY RELATING TO IMPORTED 
              PRODUCTS.

    The Commission shall study the effectiveness of section 17(a) of 
the Consumer Product Safety Act (15 U.S.C. 2066(a)), specifically 
paragraphs (3) and (4) of such section, to determine a specific 
strategy to increase the effectiveness of the Commission's ability to 
stop unsafe products from entering the United States. The Commission 
shall submit a report to Congress not later than 9 months after 
enactment of this Act, which shall include recommendations regarding 
additional authority the Commission needs to implement such strategy, 
including any necessary legislation.
                                                 Union Calendar No. 306

110th CONGRESS

  1st Session

                               H. R. 4040

                          [Report No. 110-501]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           December 19, 2007

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed