[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2045 Reported in Senate (RS)]

                                                       Calendar No. 523
110th CONGRESS
  1st Session
                                S. 2045

  To reform the Consumer Product Safety Commission to provide greater 
    protection for children's products, to improve the screening of 
    noncompliant consumer products, to improve the effectiveness of 
       consumer product recall programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2007

  Mr. Pryor (for himself, Mr. Inouye, Ms. Klobuchar, Mr. Durbin, Mr. 
Nelson of Florida, Mr. Brown, Mr. Schumer, Mr. Menendez, and Mr. Casey) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

                            December 5, 2007

               Reported by Mr. Inouye, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To reform the Consumer Product Safety Commission to provide greater 
    protection for children's products, to improve the screening of 
    noncompliant consumer products, to improve the effectiveness of 
       consumer product recall programs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``CPSC 
Reform Act of 2007''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Amendment of Consumer Product Safety Act.
<DELETED>Sec. 3. Reauthorization.
<DELETED>Sec. 4. Personnel.
<DELETED>Sec. 5. Full Commission requirement; interim quorum.
<DELETED>Sec. 6. Submission of copy of certain documents to Congress.
<DELETED>Sec. 7. Public disclosure of information.
<DELETED>Sec. 8. Rulemaking.
<DELETED>Sec. 9. Prohibition on stockpiling under other Commission-
                            enforced statutes.
<DELETED>Sec. 10. Third party certification of children's products.
<DELETED>Sec. 11. Tracking labels for products for children.
<DELETED>Sec. 12. Substantial product hazard reporting requirement.
<DELETED>Sec. 13. Corrective action plans.
<DELETED>Sec. 14. Identification of manufacturer by importers, 
                            retailers, and distributors.
<DELETED>Sec. 15. Repeated importation offenses.
<DELETED>Sec. 16. Prohibited acts.
<DELETED>Sec. 17. Penalties.
<DELETED>Sec. 18. Preemption.
<DELETED>Sec. 19. Sharing of information with Federal, State, local, 
                            and foreign agencies.
<DELETED>Sec. 20. Bonding.
<DELETED>Sec. 21. Enforcement by State attorneys general.
<DELETED>Sec. 22. Whistleblower protection for manufacturers' 
                            employees.
<DELETED>Sec. 23. Ban on children's products containing lead; lead 
                            paint rule.
<DELETED>Sec. 24. Cost-benefit analysis under the Poison Prevention 
                            Packaging Act of 1970.
<DELETED>Sec. 25. Completion of upholstered furniture rulemaking.

<DELETED>SEC. 2. AMENDMENT OF CONSUMER PRODUCT SAFETY ACT.</DELETED>

<DELETED>    Except as otherwise expressly provided, whenever in this 
Act an amendment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Consumer 
Product Safety Act (15 U.S.C. 2051 et seq.).</DELETED>

<DELETED>SEC. 3. REAUTHORIZATION.</DELETED>

<DELETED>    (a) In General.--Section 32 (15 U.S.C. 2081) is amended--
</DELETED>
        <DELETED>    (1) by redesignating subsection (c) as subsection 
        (d); and</DELETED>
        <DELETED>    (2) by striking subsections (a) and (b) and 
        inserting the following:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) $80,000,000 for fiscal year 2009;</DELETED>
        <DELETED>    ``(2) $88,500,000 for fiscal year 2010;</DELETED>
        <DELETED>    ``(3) $96,800,000 for fiscal year 2011;</DELETED>
        <DELETED>    ``(4) $106,480,000 for fiscal year 2012;</DELETED>
        <DELETED>    ``(5) $117,128,000 for fiscal year 2013;</DELETED>
        <DELETED>    ``(6) $128,841,000 for fiscal year 2014; 
        and</DELETED>
        <DELETED>    ``(7) $141,725,000 for fiscal year 2015.</DELETED>
<DELETED>    ``(b) There are authorized to be appropriated to the 
Commission 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), $20,000,000 for fiscal years 2009 
and 2010.</DELETED>
<DELETED>    ``(c) There are authorized to be appropriated to the 
Commission for research, in cooperation with the National Institute of 
Science and Technology, the Food and Drug Administration, and other 
relevant Federal agencies into safety issues related to the use of 
nanotechnology in consumer products, $1,000,000 for fiscal years 2009 
and 2010.''.</DELETED>

<DELETED>SEC. 4. PERSONNEL.</DELETED>

<DELETED>    (a) Professional Staff.--The Consumer Product Safety 
Commission shall increase the number of fulltime personnel employed by 
the Commission to at least 500 by October 1, 2013.</DELETED>
<DELETED>    (b) Professional Career Path.--The Commission shall 
develop and implement a professional career development program for 
professional staff to encourage retention of career personnel and 
provide professional development opportunities for Commission 
employees.</DELETED>
<DELETED>    (c) Change of Employment Status by Political Appointees.--
An individual who is employed by the Commission as a political 
appointee (as defined in section 9803 of title 5, United States Code) 
may not be appointed to a position in the competitive service under 
chapter 51 of title 5, United States Code, or the Senior Executive 
Service under subchapter II of chapter 31 of such title, by the 
Commission less than 1 year after termination of the individual's 
employment by the Commission as a political appointee unless the 
appointment is authorized by unanimous vote of the 
Commission.</DELETED>
<DELETED>    (d) Personnel in Immediate Office of Commissioners.--The 
Commission may not reduce the number of fulltime employees in the 
immediate office of a commissioner unless the reduction is authorized 
by unanimous vote of the Commission.</DELETED>

<DELETED>SEC. 5. FULL COMMISSION REQUIREMENT; INTERIM QUORUM.</DELETED>

<DELETED>    (a) Number of Commissioners.--</DELETED>
        <DELETED>    (1) In general.--The Congress finds that it is 
        necessary, in order for the Consumer Product Safety Commission 
        to function effectively and carry out the purposes for which 
        the Consumer Product Safety Act was enacted, for the full 
        complement of 5 members of the Commission to serve and 
        participate in the business of the Commission and urges the 
        President to nominate members to fill any vacancy in the 
        membership of the Commission as expeditiously as 
        practicable.</DELETED>
        <DELETED>    (2) Repeal of limitation.--Title III of Public Law 
        102-389 is amended by striking the first proviso in the item 
        captioned ``Consumer Product Safety Commission, salaries and 
        expenses'' (15 U.S.C. 2053 note).</DELETED>
<DELETED>    (b) Temporary Quorum.--Notwithstanding section 4(d) of the 
Consumer Product Safety Act (15 U.S.C. 2053(d)), 2 members of the 
Consumer Product Safety Commission, if they are not affiliated with the 
same political party, shall constitute a quorum for the transaction of 
business for the 9-month period beginning on the date of enactment of 
this Act.</DELETED>

<DELETED>SEC. 6. SUBMISSION OF COPY OF CERTAIN DOCUMENTS TO 
              CONGRESS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Reinstatement of Requirement.--Section 3003(d) of 
Public Law 104-66 (31 U.S.C. 1113 note) is amended--</DELETED>
        <DELETED>    (1) by striking ``or'' after the semicolon in 
        paragraph (31);</DELETED>
        <DELETED>    (2) by redesignating paragraph (32) as (33); 
        and</DELETED>
        <DELETED>    (3) by inserting after paragraph (31) the 
        following:</DELETED>
        <DELETED>    ``(32) section 27(k) of the Consumer Product 
        Safety Act (15 U.S.C. 2076(k)); or''.</DELETED>

<DELETED>SEC. 7. PUBLIC DISCLOSURE OF INFORMATION.</DELETED>

<DELETED>    Section 6 (15 U.S.C. 2055) is amended--</DELETED>
        <DELETED>    (1) by inserting ``A manufacturer or private 
        labeler shall submit any such mark within 15 calendar days 
        after the date on which it receives the Commission's offer.'' 
        after ``paragraph (2).'' in subsection (a)(3); and</DELETED>
        <DELETED>    (2) by striking subsection (b) and inserting the 
        following:</DELETED>
<DELETED>    ``(b)(1) Except as provided by paragraph (3) of this 
subsection, prior to its public disclosure of any information obtained 
under this Act, or to be disclosed to the public in connection 
therewith (unless the Commission finds that the public health and 
safety requires otherwise), the Commission shall, to the extent 
practicable, notify and provide a summary of the information to, each 
manufacturer or private labeler of any consumer product to which such 
information pertains, if the manner in which such consumer product is 
to be designated or described in such information will permit the 
public to ascertain readily the identity of such manufacturer or 
private labeler, and shall provide such manufacturer or private labeler 
not less than 15 days to submit comments to the Commission as to the 
veracity of such information.</DELETED>
<DELETED>    ``(2) In disclosing any information under this subsection, 
the Commission may, and upon the request of the manufacturer or private 
labeler shall, include with the disclosure any comments or other 
information or a summary thereof submitted under paragraph (1) by such 
manufacturer or private labeler as an addendum.</DELETED>
<DELETED>    ``(3) Paragraphs (1) and (2) of this subsection do not 
apply to the public disclosure of information about any consumer 
product--</DELETED>
                <DELETED>    ``(i) with respect to which the Commission 
                has filed an action under section 12;</DELETED>
                <DELETED>    ``(ii) with respect to which the 
                Commission has issued a complaint under section 15(c) 
                or (d) alleging that such product presents a 
                substantial product hazard; or</DELETED>
                <DELETED>    ``(iii) which the Commission has 
                reasonable cause to believe is in violation of section 
                19 (relating to prohibited acts).</DELETED>
<DELETED>    ``(4) The Commission may not disclose the names or 
addresses of consumers pursuant to its authority under this 
section.''.</DELETED>

<DELETED>SEC. 8. RULEMAKING.</DELETED>

<DELETED>    (a) ANPR Requirement.--</DELETED>
        <DELETED>    (1) In general.--Section 9 (15 U.S.C. 2058) is 
        amended--</DELETED>
                <DELETED>    (A) by striking ``shall be commenced'' in 
                subsection (a) and inserting ``may be 
                commenced'';</DELETED>
                <DELETED>    (B) by striking ``in the notice'' in 
                subsection (b) and inserting ``in a notice'';</DELETED>
                <DELETED>    (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'';</DELETED>
                <DELETED>    (D) by inserting `` or notice of proposed 
                rulemaking'' after ``advance notice of proposed 
                rulemaking'' in subsection (c); and</DELETED>
                <DELETED>    (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''.</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (b) Rulemaking Under Federal Hazardous Substances Act.--
</DELETED>
        <DELETED>    (1) In general.--Section 3(a) of the Federal 
        Hazardous Substances Act (15 U.S.C. 1262(a)) is amended to read 
        as follows:</DELETED>
<DELETED>    ``(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 it finds 
meets the requirements section 2(f)(1)(A).''.</DELETED>
        <DELETED>    (2) Procedure.--</DELETED>
                <DELETED>    (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''.</DELETED>
                <DELETED>    (B) Section 3(a)2 of the Federal Hazardous 
                Substances Act (15 U.S.C. 1262(a)2) is amended to read 
                as follows:</DELETED>
<DELETED>    ``(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.''.</DELETED>
        <DELETED>    (3) ANPR requirement.--Section 3 of the Federal 
        Hazardous Substances Act (15 U.S.C. 1262) is amended--
        </DELETED>
                <DELETED>    (A) by striking ``shall be commenced'' in 
                subsection (f) and inserting ``may be 
                commenced'';</DELETED>
                <DELETED>    (B) by striking ``in the notice'' in 
                subsection (g)(1) and inserting ``in a notice''; 
                and</DELETED>
                <DELETED>    (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''.</DELETED>
        <DELETED>    (4) Other conforming amendments.--The Federal 
        Hazardous Substances Act (15 U.S.C. 1261 et seq.) is amended--
        </DELETED>
                <DELETED>    (A) by striking paragraph (d) of section 2 
                and inserting the following:</DELETED>
        <DELETED>    ``(d) The term `Commission' means the Consumer 
        Product Safety Commission.'';</DELETED>
                <DELETED>    (B) by striking ``Secretary'' each place 
                it appears and inserting ``Commission'' except--
                </DELETED>
                        <DELETED>    (i) in section 10(b) (15 U.S.C. 
                        1269);</DELETED>
                        <DELETED>    (ii) in section 14 (15 U.S.C. 
                        1273); and</DELETED>
                        <DELETED>    (iii) in section 21(a) (15 U.S.C. 
                        1276(a));</DELETED>
                <DELETED>    (C) by striking ``Department'' each place 
                it appears, except in section 14(b), and inserting 
                ``Commission'';</DELETED>
                <DELETED>    (D) by striking ``he'' and ``his'' each 
                place they appear in reference to the Secretary and 
                inserting ``it'' and ``its'', respectively;</DELETED>
                <DELETED>    (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'';</DELETED>
                <DELETED>    (F) by striking ``Secretary of Health, 
                Education, and Welfare'' each place it appears in 
                section 14 (15 U.S.C. 1273) and inserting 
                ``Commission'';</DELETED>
                <DELETED>    (G) by striking ``Department of Health, 
                Education, and Welfare'' in section 14(b) (15 U.S.C. 
                1273(b)) and inserting ``Commission'';</DELETED>
                <DELETED>    (H) by striking ``Consumer Product Safety 
                Commission'' each place it appears and inserting 
                ``Commission''; and</DELETED>
                <DELETED>    (I) by striking ``(hereinafter in this 
                section referred to as the `Commission')'' in section 
                20(a)(1) (15 U.S.C. 1275(a)(1)).</DELETED>

<DELETED>SEC. 9. PROHIBITION ON STOCKPILING UNDER OTHER COMMISSION-
              ENFORCED STATUTES.</DELETED>

<DELETED>    Section 9(g)(2) (15 U.S.C. 2058(g)(2)) is amended--
</DELETED>
        <DELETED>    (1) by inserting ``or to which a rule under any 
        other law enforced by the Commission applies,'' after 
        ``applies,''; and</DELETED>
        <DELETED>    (2) by striking ``consumer product safety'' the 
        second, third, and fourth places it appears.</DELETED>

<DELETED>SEC. 10. THIRD PARTY CERTIFICATION OF CHILDREN'S 
              PRODUCTS.</DELETED>

<DELETED>    (a) In General.--Section 14(a) (15 U.S.C. 2063(a)) is 
amended--</DELETED>
        <DELETED>    (1) by redesignating paragraph (2) as paragraph 
        (5) and indenting the margin of such paragraph, as so 
        redesignated, 2 ems from the left margin;</DELETED>
        <DELETED>    (2) by resetting paragraph (1) as a new paragraph 
        indented 2 ems from the left margin;</DELETED>
        <DELETED>    (3) by striking ``Every manufacturer'' in 
        paragraph (1) and inserting ``Except as provided in paragraph 
        (2), every manufacturer'';</DELETED>
        <DELETED>    (4) by designating the second and third sentences 
        of subsection (a) as paragraphs (3) and (4), respectively, and 
        indenting the margin of such paragraphs, as so designated, 2 
        ems from the left margin;</DELETED>
        <DELETED>    (5) by inserting after paragraph (1) the 
        following:</DELETED>
        <DELETED>    ``(2) Every manufacturer of a children's product 
        (and the private labeler of such product if it bears a private 
        label) which is subject to a consumer product safety standard 
        under this Act, or a rule under this or any other Act enforced 
        by the Commission declaring a consumer product a banned 
        hazardous product, shall--</DELETED>
                <DELETED>    ``(A) have the product tested by a 
                nongovernmental independent third party qualified to 
                perform such tests or testing programs; and</DELETED>
                <DELETED>    ``(B) issue a certification which shall--
                </DELETED>
                        <DELETED>    ``(i) certify that such product 
                        conforms to such consumer product safety 
                        standard or is not a banned hazardous product 
                        under such rule; and</DELETED>
                        <DELETED>    ``(ii) specify the consumer 
                        product safety standard or such 
                        rule.'';</DELETED>
        <DELETED>    (6) by striking ``Such certificate shall'' in 
        paragraph (3) as redesignated by paragraph (1) and inserting 
        ``A certificate required under this subsection shall''; 
        and</DELETED>
        <DELETED>    (7) in paragraph (5), as redesignated by paragraph 
        (1)--</DELETED>
                <DELETED>    (A) by striking ``required by paragraph 
                (1) of this subsection'' and inserting ``required by 
                paragraph (1) or (2) (as the case may be)''; 
                and</DELETED>
                <DELETED>    (B) by striking ``requirement under 
                paragraph (1)'' and inserting ``requirement under 
                paragraph (1) or (2) (as the case may be)''.</DELETED>
<DELETED>    (b) Section 14(b) (15 U.S.C. 2063(b)) is amended--
</DELETED>
        <DELETED>    (1) by resetting paragraph (1) an indented 
        paragraph 2 ems from the left margin;</DELETED>
        <DELETED>    (2) by designating the second sentence as 
        paragraph (2) and indenting the margin of such paragraph, as so 
        designated, 2 ems from the left margin; and</DELETED>
        <DELETED>    (3) in paragraph (2), as so designated, by 
        striking ``Any test or'' and inserting ``Except as provided in 
        paragraph (3), any test or''.</DELETED>
<DELETED>    (c) 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:</DELETED>
<DELETED>    ``(d) Application to Other Consumer Products; Certifier 
Standards; Audit.--</DELETED>
        <DELETED>    ``(1) In general.--The Commission--</DELETED>
                <DELETED>    ``(A) as soon as practicable after the 
                date of enactment of the CPSC Reform Act of 2007 shall 
                by rule--</DELETED>
                        <DELETED>    ``(i) establish protocols and 
                        standards--</DELETED>
                                <DELETED>    ``(I) for credentialing 
                                independent third parties qualified to 
                                perform tests or testing programs under 
                                this section; and</DELETED>
                                <DELETED>    ``(II) for verifying that 
                                products tested by such independent 
                                third parties comply with consumer 
                                product safety standards and with 
                                applicable product standards under 
                                other Acts enforced by the 
                                Commission;</DELETED>
                        <DELETED>    ``(ii) prescribe eligibility, 
                        inspection, and certification standards for 
                        independent third party entities engaged in 
                        certifying compliance under subsection (a)(2) 
                        for children's products or products to which 
                        the Commission extends the certification 
                        requirements of that subsection;</DELETED>
                        <DELETED>    ``(iii) establish requirements for 
                        testing, no less frequently than biennially, of 
                        random samples of products certified under this 
                        section to determine whether they meet the 
                        requirements for certification;</DELETED>
                        <DELETED>    ``(iv) establish requirements for 
                        periodic audits of such entities by the 
                        Governmental Accountability Office or a 
                        nongovernmental auditing organization; 
                        and</DELETED>
                        <DELETED>    ``(v) establish a program by which 
                        manufacturers may label products as compliant 
                        with the certification requirements of 
                        subsection (a)(2); and</DELETED>
                <DELETED>    ``(B) may by rule extend the certification 
                requirements of subsection (a)(2) to other consumer 
                products or to classes or categories of consumer 
                products;</DELETED>
        <DELETED>    ``(2) Effective date of requirements.--The 
        certification and testing requirements of subsection (a)(2) of 
        this section, as amended by the CPSC Reform Act of 2007, shall 
        take effect 30 days after the date of enactment of that Act and 
        shall apply without regard to whether the Commission has issued 
        guidance or a rule under paragraph (1)(A) of this 
        subsection.''.</DELETED>
<DELETED>    ``(e) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Children's product.--The term `children's 
        product' means a product (other than a medication, drug, or 
        food) designed or intended for use by, or care of, a child 
        under 7 years of age that is introduced into the interstate 
        stream of commerce. In determining whether a product is 
        intended for use by a child under 7 years of age, the following 
        factors shall be considered:</DELETED>
                <DELETED>    ``(A) A statement by a manufacturer about 
                the intended use of such product, including a label on 
                such product, if such statement is 
                reasonable.</DELETED>
                <DELETED>    ``(B) The context and manner of the 
                advertising, promotion, and marketing associated with 
                the product.</DELETED>
                <DELETED>    ``(C) Whether the product is commonly 
                recognized by consumers as being intended for use by a 
                child under 7 years of age.</DELETED>
                <DELETED>    ``(D) The Age Determination Guideline 
                issued by the Consumer Product Safety Commission in 
                September 2002 and any subsequent version of such 
                Guideline.</DELETED>
        <DELETED>    ``(2) Independent third party.--The term 
        `independent third party', with respect to a testing entity, 
        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.''.</DELETED>
<DELETED>    (d) Label and Certification.--Not later than 1 year after 
the date of the enactment of this Act, the Consumer Product Safety 
Commission shall prescribe a rule in accordance with section 14(a)(5) 
and (d) of the Consumer Product Safety Act (15 U.S.C. 2063(a)(5) and 
(d)) for children's products (as defined in subsection (e) of such 
section).</DELETED>
<DELETED>    (e) Prohibition on Imports of Children's Products Without 
Third Party Testing Certification.--Section 17(a) (15 U.S.C. 2066(a)) 
is amended--</DELETED>
        <DELETED>    (1) by striking ``or'' at the end of paragraph 
        (4);</DELETED>
        <DELETED>    (2) by striking ``(g).'' in paragraph (5) and 
        inserting a ``(g); or''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(6) is a children's product, as that term is 
        defined in section 14(e), (or a product for which the 
        Commission, under section 14(d)(1), has required certification 
        under section 14(a)(2)) that is not accompanied by a 
        certificate from an independent third party as required by 
        section 14(a)(2).''.</DELETED>

<DELETED>SEC. 11. TRACKING LABELS FOR PRODUCTS FOR CHILDREN.</DELETED>

<DELETED>    Section 14(a) of the Consumer Product Safety Act (15 
U.S.C. 2063(a)), as amended by section 10(a), is further amended by 
adding at the end thereof the following:</DELETED>
        <DELETED>    ``(6) The manufacturer of a children's product or 
        other consumer product (as may be required by the Commission in 
        its discretion after a rulemaking proceeding) shall place 
        distinguishing marks on the product or its packaging that will 
        enable the ultimate purchaser to ascertain the source, date, 
        and cohort (including the batch, run number, or other 
        identifying characteristic) of production of the product by 
        reference to those marks.''.</DELETED>

<DELETED>SEC. 12. SUBSTANTIAL PRODUCT HAZARD REPORTING 
              REQUIREMENT.</DELETED>

<DELETED>    Section 15(b) (15 U.S.C. 2064(b)) is amended--</DELETED>
        <DELETED>    (1) by striking ``consumer product distributed in 
        commerce,'' and inserting ``consumer product (or other product 
        or substance over which the Commission has jurisdiction under 
        this or any other Act) distributed in commerce,'';</DELETED>
        <DELETED>    (2) by redesignating paragraphs (2) and (3) as 
        paragraphs (3) and (4), respectively; and</DELETED>
        <DELETED>    (3) by inserting after paragraph (1) the 
        following:</DELETED>
        <DELETED>    ``(2) fails to comply with any rule or standard 
        promulgated by the Commission under this or any other 
        Act;''.</DELETED>

<DELETED>SEC. 13. CORRECTIVE ACTION PLANS.</DELETED>

<DELETED>    Section 15(d) (15 U.S.C. 2064(d)) is amended--</DELETED>
        <DELETED>    (1) by inserting ``(1)'' after ``Action
        Plan.--'';</DELETED>
        <DELETED>    (2) by redesignating paragraphs (1), (2), and (3) 
        as subparagraphs (A), (B), and (C);</DELETED>
        <DELETED>    (3) by striking ``more (A)'' in subparagraph (C), 
        as redesignated, and inserting ``more (i)'';</DELETED>
        <DELETED>    (4) by striking ``or (B)'' in subparagraph (C), as 
        redesignated, and inserting ``or (ii)'';</DELETED>
        <DELETED>    (5) by striking ``whichever of the following 
        actions the person to whom the order is directed elects:'' and 
        inserting ``any one or more of the following actions it 
        determines to be in the public interest:'';</DELETED>
        <DELETED>    (6) by inserting ``(2)'' before ``An 
        order'';</DELETED>
        <DELETED>    (7) by striking ``satisfactory to the 
        Commission,'' and inserting ``for approval by the 
        Commission,''; and</DELETED>
        <DELETED>    (8) by adding at the end the following:</DELETED>
<DELETED>    ``(3)(A) If the Commission approves an action plan, it 
shall indicate its approval in writing.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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. 
Upon receipt of notice of a revocation of the action plan, the 
manufacturer, retailer, or distributor shall cease further distribution 
in commerce of the product to which the action plan 
applies.''.</DELETED>

<DELETED>SEC. 14. IDENTIFICATION OF MANUFACTURER BY IMPORTERS, 
              RETAILERS, AND DISTRIBUTORS.</DELETED>

<DELETED>    Section 16 (15 U.S.C. 2065) is amended by adding at the 
end thereof the following:</DELETED>
<DELETED>    ``(c) Upon request by an officer or employee duly 
designated by the Commission--</DELETED>
        <DELETED>    ``(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; and</DELETED>
        <DELETED>    ``(2) every manufacturer shall identify by name, 
        address, or such other identifying information as the officer 
        or employee may request--</DELETED>
                <DELETED>    ``(A) each retailer or distributor to 
                which it supplied a given consumer product (or other 
                product or substance over which the Commission has 
                jurisdiction under this or any other Act);</DELETED>
                <DELETED>    ``(B) each subcontractor involved in the 
                production or fabrication or such product or substance; 
                and</DELETED>
                <DELETED>    ``(C) each subcontractor from which it 
                obtained a component thereof.''.</DELETED>

<DELETED>SEC. 15. REPEATED IMPORTATION OFFENSES.</DELETED>

<DELETED>    Section 17 (15 U.S.C. 2066) is amended by adding at the 
end thereof the following:</DELETED>
<DELETED>    ``(i) The Commission may--</DELETED>
        <DELETED>    ``(1) designate as a repeat offender, after notice 
        and an opportunity for a hearing, any person found by the 
        Commission to have committed multiple violations of subsection 
        (a); and</DELETED>
        <DELETED>    ``(2) refer any such person to United States 
        Customs and Border Protection with a recommendation that the 
        person's import license be terminated in accordance with that 
        agency's procedures.''.</DELETED>

<DELETED>SEC. 16. PROHIBITED ACTS.</DELETED>

<DELETED>    (a) Sale of Recalled Products.--Section 19(a) (15 U.S.C. 
2068(a)) is amended--</DELETED>
        <DELETED>    (1) by striking paragraph (1) and inserting the 
        following:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) not in conformity with an applicable 
                consumer product safety standard under this Act, or any 
                similar rule under any such other Act;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.);'';</DELETED>
        <DELETED>    (2) by striking ``or'' after the semicolon in 
        paragraph (7);</DELETED>
        <DELETED>    (3) by striking ``and'' after the semicolon in 
        paragraph (8);</DELETED>
        <DELETED>    (4) by striking ``insulation).'' in paragraph (9) 
        and inserting ``insulation);''; and</DELETED>
        <DELETED>    (5) by striking ``18(b).'' in paragraph (10) and 
        inserting ``18(b); or''.</DELETED>
<DELETED>    (b) Export of Recalled Products.--</DELETED>
        <DELETED>    (1) In general.--Section 18 (15 U.S.C. 2067) is 
        amended by adding at the end thereof the following:</DELETED>
<DELETED>    ``(c) Notwithstanding any other provision of law, the 
Commission may prohibit a person from exporting from the United States 
for purpose of sale any consumer product, or other product or substance 
that is regulated under any other Act enforced by the Commission, that 
the Commission determines, after notice to the manufacturer--</DELETED>
        <DELETED>    ``(1) is not in conformity with an applicable 
        consumer product safety standard under this Act or with a 
        similar rule under any such other Act;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(3) is subject to voluntary corrective action 
        taken by the manufacturer, in consultation with the Commission, 
        of which action the Commission has notified the public and 
        would have been subject to mandatory corrective action under 
        this or another Act enforced by the Commission if voluntary 
        corrective action had not been taken by the 
        manufacturer.''.</DELETED>
        <DELETED>    (2) Penalty.--Section 19(a) (15 U.S.C. 2068(a)), 
        as amended by subsection (a), is further amended--</DELETED>
                <DELETED>    (A) by striking ``or'' after the semicolon 
                in paragraph (10);</DELETED>
                <DELETED>    (B) by striking ``37.'' in paragraph (11) 
                and inserting ``37; or''; and</DELETED>
                <DELETED>    (C) by adding at the end thereof the 
                following:</DELETED>
        <DELETED>    ``(12) violate an order of the Commission under 
        section 18(c).''.</DELETED>
        <DELETED>    (3) Conforming amendments to other acts.--
        </DELETED>
                <DELETED>    (A) 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,''.</DELETED>
                <DELETED>    (B) Flammable fabrics act.--Section 15 of 
                the Flammable Fabrics Act (15 U.S.C. 1202) is amended 
                by adding at the end thereof the following:</DELETED>
<DELETED>    ``(d) Notwithstanding any other provision of law, the 
Consumer Product Safety Commission may prohibit a person from exporting 
from the United States for purpose of sale any fabric, related 
material, or product that the Commission determines, after notice to 
the manufacturer--</DELETED>
        <DELETED>    ``(1) is not in conformity with an applicable 
        consumer product safety standard under the Consumer Product 
        Safety Act or with a rule under this Act;</DELETED>
        <DELETED>    ``(2) is subject to an order issued under section 
        12 or 15 of that Act or designated as a banned hazardous 
        substance under the Federal Hazardous Substances Act (15 U.S.C. 
        1261 et seq.); or</DELETED>
        <DELETED>    ``(3) is subject to voluntary corrective action 
        taken by the manufacturer, in consultation with the Commission, 
        of which action the Commission has notified the public and 
        would have been subject to mandatory corrective action under 
        this or another Act enforced by the Commission if voluntary 
        corrective action had not been taken by the 
        manufacturer.''.</DELETED>
<DELETED>    (c) False Certification of Compliance With Testing 
Laboratory Standard.--Section 19(a) (15 U.S.C. 2068(a)), as amended by 
subsection (b)(2), is further amended--</DELETED>
        <DELETED>    (1) by striking ``or'' after the semicolon in 
        paragraph (11);</DELETED>
        <DELETED>    (2) by striking ``18(c).'' in paragraph (12) and 
        inserting ``18(c); or''; and</DELETED>
        <DELETED>    (3) by adding at the end thereof the 
        following:</DELETED>
        <DELETED>    ``(13) sell, offer for sale, distribute in 
        commerce, or import into the United States any consumer product 
        bearing a false certification mark of compliance with a 
        standard established by a nationally recognized testing 
        laboratory.''.</DELETED>
<DELETED>    (d) Misrepresentation of Information in Investigation.--
Section 19(a) (15 U.S.C. 2068(a)), as amended by subsection (c), is 
further amended--</DELETED>
        <DELETED>    (1) by striking ``or'' after the semicolon in 
        paragraph (12);</DELETED>
        <DELETED>    (2) by striking ``laboratory.'' in paragraph (13) 
        and inserting ``laboratory; or''; and</DELETED>
        <DELETED>    (3) by adding at the end thereof the 
        following:</DELETED>
        <DELETED>    ``(14) to misrepresent to any officer or employee 
        of the Commission the scope of consumer products subject to an 
        action required under section 12 or subsection (c) or (d) of 
        section 15, or to make a material misrepresentation to such an 
        officer or employee in the course of an investigation under 
        this Act.''.</DELETED>
<DELETED>    (e) Certificates of Compliance With Mandatory Standards.--
Section 19(a)(6) (15 U.S.C. 2068(a)(6)) is amended to read as 
follows:</DELETED>
        <DELETED>    ``(6) fail to furnish a certificate required by 
        this Act or any other Act enforced by the Commission, or to 
        issue a false certificate if such person in the exercise of due 
        care has reason to know that the certificate is false or 
        misleading in any material respect; or to fail to comply with 
        any rule under section 14(c);''.</DELETED>

<DELETED>SEC. 17. PENALTIES.</DELETED>

<DELETED>    (a) Civil Penalties.--</DELETED>
        <DELETED>    (1) In general.--Section 20(a) (15 U.S.C. 2069(a)) 
        is amended--</DELETED>
                <DELETED>    (A) by striking ``$5,000'' and inserting 
                ``$250,000'';</DELETED>
                <DELETED>    (B) by striking ``$1,250,000'' each place 
                it appears and inserting ``$100,000,000''; 
                and</DELETED>
        <DELETED>    (3) by striking ``December 31, 1994,'' in 
        paragraph (3)(B) and inserting ``December 31, 
        2011,''.</DELETED>
        <DELETED>    (2) Federal hazardous substances act.--Section 
        15(c) of the Federal Hazardous Substances Act (15 U.S.C. 
        1264(c)) is amended--</DELETED>
                <DELETED>    (A) by striking ``$5,000'' in paragraph 
                (1) and inserting ``$250,000'';</DELETED>
                <DELETED>    (B) by striking ``$1,250,000'' each place 
                it appears in paragraph (1) and inserting 
                ``$100,000,000''; and</DELETED>
        <DELETED>    (3) by striking ``December 31, 1994,'' in 
        paragraph (6)(B) and inserting ``December 31, 
        2011,''.</DELETED>
        <DELETED>    (3) Flammable fabrics act.--Section 5(e) of the 
        Flammable Fabrics Act (15 U.S.C. 1194(e)) is amended--
        </DELETED>
                <DELETED>    (A) by striking ``$5,000'' in paragraph 
                (1) and inserting ``$250,000'';</DELETED>
                <DELETED>    (B) by striking ``$1,250,000'' in 
                paragraph (1) and inserting ``$100,000,000''; 
                and</DELETED>
        <DELETED>    (3) by striking ``December 31, 1994,'' in 
        paragraph (5)(B) and inserting ``December 31, 
        2011,''.</DELETED>
<DELETED>    (b) Criminal Penalties.--</DELETED>
        <DELETED>    (1) In general.--Section 21(a) (15 U.S.C. 2070(a)) 
        is amended to read as follows:</DELETED>
<DELETED>    ``(a) Violation of section 19 of this Act is punishable 
by--</DELETED>
        <DELETED>    ``(1) imprisonment for not more than 1 year for a 
        knowing violation of that section, or</DELETED>
        <DELETED>    ``(2) imprisonment for not more than 5 years for a 
        knowing and willful violation of that section, and</DELETED>
        <DELETED>    ``(3) a fine determined under section 3571 of 
        title 18, United States Code.''.</DELETED>
        <DELETED>    (2) Directors, officers, and agents.--Section 
        21(b) (15 U.S.C. 2070(b)) is amended--</DELETED>
                <DELETED>    (A) by striking ``and willfully''; 
                and</DELETED>
                <DELETED>    (B) by striking ``19, and who has 
                knowledge of notice of noncompliance received by the 
                corporation from the Commission,'' and inserting 
                ``19''.</DELETED>
        <DELETED>    (3) Under the federal hazardous substances act.--
        Section 5(a) of the Federal Hazardous Substances Act (15 U.S.C. 
        1264(a)) is amended to read as follows:</DELETED>
<DELETED>    ``(a) In General.--Violation of section 4 of this Act is 
punishable by--</DELETED>
        <DELETED>    ``(1) imprisonment for not more than 1 year for a 
        knowing violation of that section;</DELETED>
        <DELETED>    ``(2) imprisonment for not more than 5 years for a 
        knowing and willful violation of that section; and</DELETED>
        <DELETED>    ``(3) a fine determined under section 3571 of 
        title 18, United States Code.''.</DELETED>
<DELETED>    (c) Civil Penalty Criteria.--Within a year after the date 
of enactment of this Act, the Consumer Product Safety Commission shall 
initiate a rulemaking to establish criteria for the imposition of civil 
penalties under section 20 of the Consumer Product Safety Act (15 
U.S.C. 2069) authorized by that section, including factors to be 
considered in establishing the amount of such penalties, such as repeat 
violations, degree of risk to the public, nature of the hazard, the 
precedential value of prior adjudicated penalties, and other 
circumstances.</DELETED>
<DELETED>    (d) Criminal Penalties To Include Asset Forfeiture.--
Section 21 (15 U.S.C. 2070) is amended by adding at the end thereof the 
following:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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 to pay a fine, be 
imprisoned, or both.''.</DELETED>

<DELETED>SEC. 18. PREEMPTION.</DELETED>

<DELETED>    (a) In General.--Section 26 (15 U.S.C. 2075) is amended--
</DELETED>
        <DELETED>    (1) by striking ``Whenever'' in subsection (a) and 
        inserting ``Except as provided in subsections (c) and (d), 
        whenever''; and</DELETED>
        <DELETED>    (2) by adding at the end thereof the 
        following:</DELETED>
<DELETED>    ``(d) Rule for Post-2007 Consumer Product Safety 
Standards.--No consumer product safety standard promulgated by the 
Commission after the date of enactment of the CPSC Reform Act of 2007, 
or any other action taken by the Commission after that date, shall 
preempt any State or local law to an extent greater than permitted 
under subsection (a), as limited by subsection (c)''.</DELETED>
<DELETED>    (b) Mattress Flammability Standard Preamble Not 
Preemptive.--Notwithstanding section N of the preamble to the Final 
Rule: Standard for the Flammability (Open Flame) of Mattress Sets 
promulgated by the Consumer Product Safety Commission (71 Fed. Reg. 
13496), part 1633 of title 16, Code of Federal Regulations, does not 
limit the rights of a State or political subdivision thereof under 
section 26 (b) or (c) of the Consumer Product Safety Act (15 U.S.C. 
2075 (b) or (c), respectively).</DELETED>

<DELETED>SEC. 19. SHARING OF INFORMATION WITH FEDERAL, STATE, LOCAL, 
              AND FOREIGN GOVERNMENT AGENCIES.</DELETED>

<DELETED>    Section 29 (15 U.S.C. 2078) is amended by adding at the 
end thereof the following:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(A) the agency has set forth a bona fide legal 
        basis for its authority to maintain the material in 
        confidence;</DELETED>
        <DELETED>    ``(B) the materials are to be used for purposes of 
        investigating, or engaging in enforcement proceedings related 
        to, possible violations of--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(ii) a law administered by the 
                Commission, if disclosure of the material would further 
                a Commission investigation or enforcement proceeding; 
                or</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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)).</DELETED>
        <DELETED>    ``(2)(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--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(iii) any material reflecting a consumer 
                complaint submitted to a Commission reporting mechanism 
                sponsored in part by foreign government 
                agencies.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(3) In this subsection, the term `foreign government 
agency' means--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(B) any multinational organization, to the 
        extent that it is acting on behalf of an entity described in 
        subparagraph (A).''.</DELETED>

<DELETED>SEC. 20. BONDING.</DELETED>

<DELETED>    The Act (15 U.S.C. 2051 et seq.) is amended by adding at 
the end thereof the following:</DELETED>

                  <DELETED>``bond authority</DELETED>

<DELETED>    ``Sec. 39. The Commission, in a rulemaking proceeding, may 
require manufacturers or distributors of a consumer product, a category 
or class of consumer products, or any product or substance regulated 
under any other law enforced by the Commission, to post a bond (or 
other security acceptable to the Commission) in an amount sufficient to 
cover the costs of an effective recall of the product or substance, or, 
in the case of an imported product or substance, to cover the costs of 
holding the product or substance at the port and destruction of the 
product should such action be required by the Commission under this 
Act.''.</DELETED>

<DELETED>SEC. 21. ENFORCEMENT BY STATE ATTORNEYS GENERAL.</DELETED>

<DELETED>    The Act (15 U.S.C. 2051 et seq.) is amended by inserting 
after section 26 the following:</DELETED>

      <DELETED>``enforcement by state attorneys general</DELETED>

<DELETED>    ``Sec. 26A. (a) Except as provided in subsection (f), a 
State, as parens patriae, may bring a civil action on behalf of its 
residents in an appropriate State or district court of the United 
States to enforce the provisions of this Act or any other Act enforced 
by the Commission, to obtain damages, restitution, or other 
compensation on behalf of such residents, or to obtain such further and 
other relief as the court may deem appropriate, whenever the attorney 
general of the State has reason to believe that the interests of the 
residents of the State have been or are being threatened or adversely 
affected by a manufacturer, distributor, or retailer entity that 
violates this Act or a regulation under this Act.</DELETED>
<DELETED>    ``(b) The State shall serve written notice to the 
Commission of any civil action under subsection (a) at least 60 days 
prior to initiating such civil action. The notice shall include a copy 
of the complaint to be filed to initiate such civil action, except that 
if it is not feasible for the State to provide such prior notice, the 
State shall provide such notice immediately upon instituting such civil 
action.</DELETED>
<DELETED>    ``(c) Upon receiving the notice required by subsection 
(b), the Commission may intervene in such civil action and upon 
intervening--</DELETED>
        <DELETED>    ``(1) be heard on all matters arising in such 
        civil action; and</DELETED>
        <DELETED>    ``(2) file petitions for appeal of a decision in 
        such civil action.</DELETED>
<DELETED>    ``(d) For purposes of bringing any civil action under 
subsection (a), nothing in this section shall prevent the attorney 
general of a State from exercising the powers conferred on the attorney 
general by the laws of such State to conduct investigations or to 
administer oaths or affirmations or to compel the attendance of 
witnesses or the production of documentary and other 
evidence.</DELETED>
<DELETED>    ``(e) In a civil action brought under subsection (a)--
</DELETED>
        <DELETED>    ``(1) the venue shall be a judicial district in 
        which--</DELETED>
                <DELETED>    ``(A) the manufacturer, distributor, or 
                retailer operates; or</DELETED>
                <DELETED>    ``(B) the manufacturer, distributor, or 
                retailer was authorized to do business;</DELETED>
        <DELETED>    ``(2) process may be served without regard to the 
        territorial limits of the district or of the State in which the 
        civil action is instituted; and</DELETED>
        <DELETED>    ``(3) a person who participated with a 
        manufacturer, distributor, or retailer in an alleged violation 
        that is being litigated in the civil action may be joined in 
        the civil action without regard to the residence of the 
        person.</DELETED>
<DELETED>    ``(f) If the Commission has instituted a civil action or 
an administrative action for violation of this Act, no State attorney 
general, or official or agency of a State, may bring an action under 
this subsection during the pendency of that action against any 
defendant named in the complaint of the Commission for any violation of 
this Act alleged in the complaint.</DELETED>
<DELETED>    ``(g) If the attorney general of the State prevails in any 
civil action under subsection (a), it can recover reasonable costs and 
attorney fees from the manufacturer, distributor, or 
retailer.''.</DELETED>

<DELETED>SEC. 22. WHISTLEBLOWER PROTECTION FOR MANUFACTURERS' 
              EMPLOYEES.</DELETED>

<DELETED>    The Act (15 U.S.C. 2051 et seq.), as amended by section 
20, is further amended by adding at the end the following:</DELETED>

        <DELETED>``whistleblower protection for manufacturers' 
                          employees</DELETED>

<DELETED>    ``Sec. 40. (a) No manufacturer, private labeler, 
distributor, or retailer may discharge an employee or otherwise 
discriminate against an employee with respect to compensation, terms, 
conditions, or privileges of employment because the employee (or any 
person acting pursuant to a request of the employee)--</DELETED>
        <DELETED>    ``(1) provided, caused to be provided, or is about 
        to provide or cause to be provided to the employer, the Federal 
        Government, or the attorney general of a State information 
        relating to any violation or alleged violation of any order, 
        regulation, or consumer product safety standard under this Act 
        or any other law enforceable by the Commission (or by the 
        attorney general of a State under section 21);</DELETED>
        <DELETED>    ``(2) testified or is about to testify in such a 
        proceeding; or</DELETED>
        <DELETED>    ``(3) assisted or participated or is about to 
        assist or participate in such a proceeding.</DELETED>
<DELETED>    ``(b)(1) If the Commission, or the attorney general of a 
State, proceeds with an action against a manufacturer, private labeler, 
distributor, or retailer for a violation of this Act or any other Act 
enforced by the Commission, on the basis of information provided by 
such an employee, the employee shall receive at least 15 percent but 
not more than 25 percent of any civil penalty assessed and collected by 
the Commission, or attorney general, for the violation, depending upon 
the extent to which the information provided by the employee 
substantially contributed to the enforcement action, as determined by 
the Commission.</DELETED>
<DELETED>    ``(2) If the Commission's action is based primarily on 
disclosures of specific information (other than information provided by 
the employee) relating to allegations or transactions in a criminal, 
civil, or administrative hearing, in a congressional, administrative, 
or Government Accountability Office report, hearing, audit, or 
investigation, or from the news media, the Commission may award such 
sums as it considers appropriate to the employee, but in no case more 
than 10 percent of the civil penalty assessed and collected, taking 
into account the significance of the information and the role of the 
employee.</DELETED>
<DELETED>    ``(3) In the case of an action brought by the attorney 
general of a State under section 21, the amount of any civil penalty to 
which such an employee may be entitled shall be determined by the 
Commission, subject to the limitations in paragraph (1) and (2), in 
consultation with the attorney general that brought the 
action.</DELETED>
<DELETED>    ``(c)(1) A person who believes that he or she has been 
discharged or otherwise discriminated against by any person in 
violation of subsection (a) may, not later than 90 days after the date 
on which such violation occurs, file (or have any person file on his or 
her behalf) a complaint with the Commission alleging such discharge or 
discrimination and identifying the person responsible for such act. 
Upon receipt of such a complaint, the Commission shall notify, in 
writing, the person named in the complaint of the filing of the 
complaint, of the allegations contained in the complaint, of the 
substance of evidence supporting the complaint, and of the 
opportunities that will be afforded to such person under paragraph 
(2).</DELETED>
<DELETED>    ``(2)(A) Not later than 60 days after the date of receipt 
of a complaint filed under paragraph (1) and after affording the person 
named in the complaint an opportunity to submit to the Commission a 
written response to the complaint and an opportunity to meet with a 
representative of the Commission to present statements from witnesses, 
the Commission shall conduct an investigation and determine whether 
there is reasonable cause to believe that the complaint has merit and 
notify, in writing, the complainant and the person alleged to have 
committed a violation of subsection (a) of the Commission's findings. 
If the Commission concludes that there is a reasonable cause to believe 
that a violation of subsection (a) has occurred, the Commission shall 
accompany the Commission's findings with a preliminary order providing 
the relief prescribed by paragraph (3)(B). Not later than 30 days after 
the date of notification of findings under this paragraph, either the 
person alleged to have committed the violation or the complainant may 
file objections to the findings or preliminary order, or both, and 
request a hearing on the record. The filing of such objections shall 
not operate to stay any reinstatement remedy contained in the 
preliminary order. Any such hearing shall be conducted expeditiously. 
If a hearing is not requested in such 30-day period, the preliminary 
order shall be deemed a final order that is not subject to judicial 
review.</DELETED>
<DELETED>    ``(B)(i) The Commission shall dismiss a complaint filed 
under this subsection and shall not conduct an investigation otherwise 
required under subparagraph (A) unless the complainant makes a prima 
facie showing that any behavior described in paragraphs (1) through (4) 
of subsection (a) was a contributing factor in the unfavorable 
personnel action alleged in the complaint.</DELETED>
<DELETED>    ``(ii) Notwithstanding a finding by the Commission that 
the complainant has made the showing required under clause (i), no 
investigation otherwise required under subparagraph (A) shall be 
conducted if the employer demonstrates, by clear and convincing 
evidence, that the employer would have taken the same unfavorable 
personnel action in the absence of that behavior.</DELETED>
<DELETED>    ``(iii) The Commission may determine that a violation of 
subsection (a) has occurred only if the complainant demonstrates that 
any behavior described in paragraphs (1) through (4) of subsection (a) 
was a contributing factor in the unfavorable personnel action alleged 
in the complaint.</DELETED>
<DELETED>    ``(iv) Relief may not be ordered under subparagraph (A) if 
the employer demonstrates by clear and convincing evidence that the 
employer would have taken the same unfavorable personnel action in the 
absence of that behavior.</DELETED>
<DELETED>    ``(3)(A) Not later than 120 days after the date of 
conclusion of any hearing under paragraph (2), the Commission shall 
issue a final order providing the relief prescribed by this paragraph 
or denying the complaint. At any time before issuance of a final order, 
a proceeding under this subsection may be terminated on the basis of a 
settlement agreement entered into by the Commission, the complainant, 
and the person alleged to have committed the violation.</DELETED>
<DELETED>    ``(B) If, in response to a complaint filed under paragraph 
(1), the Commission determines that a violation of subsection (a) has 
occurred, the Commission shall order the person who committed such 
violation--</DELETED>
        <DELETED>    ``(i) to take affirmative action to abate the 
        violation;</DELETED>
        <DELETED>    ``(ii) to reinstate the complainant to his or her 
        former position together with the compensation (including back 
        pay) and restore the terms, conditions, and privileges 
        associated with his or her employment; and</DELETED>
        <DELETED>    ``(iii) to provide compensatory damages to the 
        complainant.</DELETED>
<DELETED>If such an order is issued under this paragraph, the 
Commission, at the request of the complainant, shall assess against the 
person against whom the order is issued a sum equal to the aggregate 
amount of all costs and expenses (including attorneys' and expert 
witness fees) reasonably incurred, as determined by the Commission, by 
the complainant for, or in connection with, the bringing of the 
complaint upon which the order was issued.</DELETED>
<DELETED>    ``(C) If the Commission finds that a complaint under 
paragraph (1) is frivolous or has been brought in bad faith, the 
Commission may award to the prevailing employer a reasonable attorney's 
fee, not exceeding $1,000, to be paid by the complainant.</DELETED>
<DELETED>    ``(4)(A) Any person adversely affected or aggrieved by a 
final order issued under paragraph (3) may obtain review of the order 
in the United States Court of Appeals for the circuit in which the 
violation, with respect to which the order was issued, allegedly 
occurred or the circuit in which the complainant resided on the date of 
such violation. The petition for review must be filed not later than 60 
days after the date of the issuance of the final order of the 
Commission. Review shall conform to chapter 7 of title 5, United States 
Code. The commencement of proceedings under this subparagraph shall 
not, unless ordered by the court, operate as a stay of the 
order.</DELETED>
<DELETED>    ``(B) An order of the Commission with respect to which 
review could have been obtained under subparagraph (A) shall not be 
subject to judicial review in any criminal or other civil 
proceeding.</DELETED>
<DELETED>    ``(5) Whenever any person has failed to comply with an 
order issued under paragraph (3), the Commission may file a civil 
action in the United States district court for the district in which 
the violation was found to occur, or in the United States district 
court for the District of Columbia, to enforce such order. In actions 
brought under this paragraph, the district courts shall have 
jurisdiction to grant all appropriate relief including, but not limited 
to, injunctive relief and compensatory damages.</DELETED>
<DELETED>    ``(6)(A) A person on whose behalf an order was issued 
under paragraph (3) may commence a civil action against the person to 
whom such order was issued to require compliance with such order. The 
appropriate United States district court shall have jurisdiction, 
without regard to the amount in controversy or the citizenship of the 
parties, to enforce such order.</DELETED>
<DELETED>    ``(B) The court, in issuing any final order under this 
paragraph, may award costs of litigation (including reasonable attorney 
and expert witness fees) to any party whenever the court determines 
such award is appropriate.</DELETED>
<DELETED>    ``(d) Any nondiscretionary duty imposed by this section 
shall be enforceable in a mandamus proceeding brought under section 
1361 of title 28, United States Code.</DELETED>
<DELETED>    ``(e) Subsection (a) shall not apply with respect to an 
employee of a manufacturer, private labeler, distributor, or retailer 
who, acting without direction from such manufacturer, private labeler, 
distributor, or retailer (or such person's agent), deliberately causes 
a violation of any requirement relating to any violation or alleged 
violation of any order, regulation, or consumer product safety standard 
under this Act or any other law enforceable by the 
Commission.''.</DELETED>

<DELETED>SEC. 23. BAN ON CHILDREN'S PRODUCTS CONTAINING LEAD; LEAD 
              PAINT RULE.</DELETED>

<DELETED>    (a) In General.--Beginning on the date that is 180 days 
after the date of the enactment of this Act--</DELETED>
        <DELETED>    (1) any children's product (as defined in section 
        14(e) of the Consumer Product Safety Act (15 U.S.C. 2063(e))) 
        that contains lead shall be treated as a banned hazardous 
        substance under the Federal Hazardous Substances Act (15 U.S.C. 
        1261 et seq.); and</DELETED>
        <DELETED>    (2) the prohibitions contained in section 4 of 
        such Act shall apply without regard to whether the lead 
        contained in such children's product is accessible to 
        children.</DELETED>
<DELETED>    (b) Trace Amounts of Lead.--For purposes of subsection 
(a), a children's product shall be considered to contain lead if--
</DELETED>
        <DELETED>    (1) in the case of a children's product that is 
        jewelry, any part of the product contains lead or lead 
        compounds and the lead content of such part (calculated as lead 
        metal) is greater than 0.02 percent by weight of the total 
        weight of such part (or such lesser amount as may be 
        established by the Commission by regulation); or</DELETED>
        <DELETED>    (2) in the case of a children's product that is 
        not jewelry, any part of the product contains lead or lead 
        compounds and the lead content of such part (calculated as lead 
        metal) is greater than 0.04 percent by weight of the total 
        weight of such part (or such lesser amount as may be 
        established by the Commission by regulation).</DELETED>
<DELETED>    (c) Electronics.--If the Commission determines that it is 
not feasible for certain electronic devices, including batteries, to 
comply with subsection (a) at the time the regulations shall take 
effect, the Commission shall, by regulation--</DELETED>
                <DELETED>    (A) issue standards to reduce the exposure 
                of and accessibility to lead in such electronic 
                devices; and</DELETED>
                <DELETED>    (B) establish a schedule by which such 
                electronic devices shall be in full compliance with the 
                regulations prescribed under subsection (a).</DELETED>
<DELETED>    (d) Regulations.--On the day after the date of enactment 
of this Act, the Commission shall initiate a rulemaking proceeding to 
determine whether thresholds lower than those described in subsection 
(b) should be prescribed for children's products. If the Commission 
makes such a determination, the Commission shall promulgate regulations 
establishing lower thresholds in lieu of the thresholds established in 
subsection (b).</DELETED>
<DELETED>    (e) Paint Standard for All Products.--Within 30 days after 
the date of enactment of this Act, the Consumer Product Safety 
Commission shall modify section 1303.1 of its regulations (16 C.F.R. 
1303.1) by substituting ``0.009 percent'' for ``0.06 percent'' in 
subsection (a) of that section.</DELETED>

<DELETED>SEC. 24. COST-BENEFIT ANALYSIS UNDER THE POISON PREVENTION 
              PACKAGING ACT OF 1970.</DELETED>

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

<DELETED>SEC. 25. COMPLETION OF UPHOLSTERED FURNITURE 
              RULEMAKING.</DELETED>

<DELETED>    The Consumer Product Safety Commission shall issue a final 
rule in its proceeding entitled ``Ignition of Upholstered Furniture by 
Small Open Flames and/or Smoldering Cigarettes'' for which the 
Commission issued an advance notice of proposed rulemaking on October 
23, 2003 (68 Fed. Reg. 60630), no later than June 1, 2008.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``CPSC Reform Act of 
2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Consumer Product Safety Act.
Sec. 3. Reauthorization.
Sec. 4. Personnel.
Sec. 5. Full Commission requirement; interim quorum.
Sec. 6. Submission of copy of certain documents to Congress.
Sec. 7. Public disclosure of information.
Sec. 8. Rulemaking.
Sec. 9. Prohibition on stockpiling under other Commission-enforced 
                            statutes.
Sec. 10. Third party certification of children's products.
Sec. 11. Tracking labels for products for children.
Sec. 12. Substantial product hazard reporting requirement.
Sec. 13. Corrective action plans.
Sec. 14. Identification of manufacturer by importers, retailers, and 
                            distributors.
Sec. 15. Repeated importation offenses.
Sec. 16. Prohibited acts.
Sec. 17. Penalties.
Sec. 18. Preemption.
Sec. 19. Sharing of information with Federal, State, local, and foreign 
                            agencies.
Sec. 20. Bonding.
Sec. 21. Enforcement by State attorneys general.
Sec. 22. Whistleblower protections.
Sec. 23. Ban on children's products containing lead; lead paint rule.
Sec. 24. Alternative measures of lead content.
Sec. 25. Study of preventable injuries and deaths of minority children 
                            related to certain consumer products.
Sec. 26. Cost-benefit analysis under the Poison Prevention Packaging 
                            Act of 1970.
Sec. 27. Inspector General reports.
Sec. 28. Public Internet website links.
Sec. 29. Child-resistant portable gasoline containers.
Sec. 30. Toy safety standard.
Sec. 31. All-terrain vehicle safety standard.
Sec. 32. Garage door opener standard.
Sec. 33. Reducing deaths and injuries from carbon monoxide poisoning.
Sec. 34. Completion of cigarette lighter rulemaking.
Sec. 35. Consumer product registration forms.

SEC. 2. AMENDMENT OF CONSUMER PRODUCT SAFETY ACT.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Consumer Product Safety 
Act (15 U.S.C. 2051 et seq.).

SEC. 3. REAUTHORIZATION.

    (a) In General.--Section 32 (15 U.S.C. 2081) is amended--
            (1) by redesignating subsection (c) as subsection (e); and
            (2) by striking subsections (a) and (b) and inserting the 
        following:
    ``(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) $88,500,000 for fiscal year 2010;
            ``(3) $96,800,000 for fiscal year 2011;
            ``(4) $106,480,000 for fiscal year 2012;
            ``(5) $117,128,000 for fiscal year 2013;
            ``(6) $128,841,000 for fiscal year 2014; and
            ``(7) $141,725,000 for fiscal year 2015.
    ``(b) There are authorized to be appropriated to the Commission for 
the Office of Inspector General--
            ``(1) $1,600,000 for fiscal year 2009;
            ``(2) $1,770,000 for fiscal year 2010;
            ``(3) $1,936,000 for fiscal year 2011;
            ``(4) $2,129,600 for fiscal year 2012;
            ``(5) $2,342,560 for fiscal year 2013;
            ``(6) $2,576,820 for fiscal year 2014; and
            ``(7) $2,834,500 for fiscal year 2015.
    ``(c) There are authorized to be appropriated to the Commission for 
the purpose of renovation, repair, construction, equipping, and making 
other necessary capital improvements to the Commission's research, 
development, and testing facility (including bringing the facility into 
compliance with applicable environmental, safety, and accessibility 
standards), $40,000,000 for fiscal years 2009 and 2010.
    ``(d) There are authorized to be appropriated to the Commission for 
research, in cooperation with the National Institute of Science and 
Technology, the Food and Drug Administration, and other relevant 
Federal agencies into safety issues related to the use of 
nanotechnology in consumer products, $1,000,000 for fiscal years 2009 
and 2010.''.

SEC. 4. PERSONNEL.

    (a) Professional Staff.--
            (1) In general.--The Consumer Product Safety Commission 
        shall increase the number of fulltime personnel employed by the 
        Commission to at least 500 by October 1, 2013, subject to the 
        availability of appropriations.
            (2) Ports of entry; overseas inspectors.--The Consumer 
        Product Safety Commission shall hire at least 50 additional 
        personnel to be assigned to duty stations at United states 
        ports of entry, or to inspect overseas production facilities, 
        by October 1, 2010, subject to the availability of 
        appropriations.
    (b) Professional Career Path.--The Commission shall develop and 
implement a professional career development program for professional 
staff to encourage retention of career personnel and provide 
professional development opportunities for Commission employees.
    (c) Change of Employment Status by Political Appointees.--An 
individual who is employed by the Commission as a political appointee 
(as defined in section 9803 of title 5, United States Code) may not be 
appointed to a position in the competitive service under chapter 51 of 
title 5, United States Code, or the Senior Executive Service under 
subchapter II of chapter 31 of such title, by the Commission less than 
1 year after termination of the individual's employment by the 
Commission as a political appointee unless the appointment is 
authorized by unanimous vote of the Commission.
    (d) Personnel in Immediate Office of Commissioners.--The Commission 
may not reduce the number of fulltime employees in the immediate office 
of a commissioner unless the reduction is authorized by unanimous vote 
of the Commission.

SEC. 5. FULL COMMISSION REQUIREMENT; INTERIM QUORUM.

    (a) Number of Commissioners.--
            (1) In general.--The Congress finds that it is necessary, 
        in order for the Consumer Product Safety Commission to function 
        effectively and carry out the purposes for which the Consumer 
        Product Safety Act was enacted, for the full complement of 5 
        members of the Commission to serve and participate in the 
        business of the Commission and urges the President to nominate 
        members to fill any vacancy in the membership of the Commission 
        as expeditiously as practicable.
            (2) Repeal of limitation.--Title III of Public Law 102-389 
        is amended by striking the first proviso in the item captioned 
        ``Consumer Product Safety Commission, salaries and expenses'' 
        (15 U.S.C. 2053 note).
    (b) Temporary Quorum.--Notwithstanding section 4(d) of the Consumer 
Product Safety Act (15 U.S.C. 2053(d)), 2 members of the Consumer 
Product Safety Commission, if they are not affiliated with the same 
political party, shall constitute a quorum for the transaction of 
business for the 9-month period beginning on the date of enactment of 
this Act.

SEC. 6. SUBMISSION OF COPY OF CERTAIN DOCUMENTS TO CONGRESS.

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

SEC. 7. PUBLIC DISCLOSURE OF INFORMATION.

    Section 6 (15 U.S.C. 2055) is amended--
            (1) by inserting ``A manufacturer or private labeler shall 
        submit any such mark within 15 calendar days after the date on 
        which it receives the Commission's offer.'' after ``paragraph 
        (2).'' in subsection (a)(3);
            (2) by striking subsection (a)(6) and inserting the 
        following:
    ``(6) If a manufacturer or private labeler receives a notification 
from the Commission under paragraph (5) of the Commission's intent to 
disclose a document marked as confidential by that manufacturer or 
private labeler, it may appeal the determination of the Commission 
under paragraph (5) with respect to that document. The appeal shall be 
made in writing to the general counsel of the Commission before the 
date set for release of the document and set forth the reason the 
manufacturer or private labeler believes disclosure of the document is 
barred by paragraph (2). The general counsel shall act on the appeal 
within 30 days after receiving it. If the general counsel determines 
that disclosure of the document is not barred by paragraph (2), the 
manufacturer or private labeler may appeal the determination of the 
general counsel to the full Commission, which shall decide within 15 
days after receiving it whether the determination of the general 
counsel is supported by the law and the evidence. The document may not 
be disclosed during the pendency of an appeal under this paragraph.''; 
and
            (3) by striking subsection (b) and inserting the following:
    ``(b)(1) Except as provided by paragraph (3) of this subsection, 
prior to its public disclosure of any information obtained under this 
Act, or to be disclosed to the public in connection therewith (unless 
the Commission finds that the public health and safety requires 
otherwise), the Commission shall, to the extent practicable, notify and 
provide a summary of the information to each manufacturer or private 
labeler of any consumer product to which such information pertains, if 
the manner in which such consumer product is to be designated or 
described in such information will permit the public to ascertain 
readily the identity of such manufacturer or private labeler, and shall 
provide such manufacturer or private labeler not less than 15 days to 
submit comments to the Commission as to the accuracy of such 
information.
    ``(2) In disclosing any information under this subsection, the 
Commission may, and upon the request of the manufacturer or private 
labeler shall, include with the disclosure any comments or other 
information or a summary thereof submitted under paragraph (1) by such 
manufacturer or private labeler as an addendum.
    ``(3) Paragraphs (1) and (2) of this subsection do not apply to the 
public disclosure of--
            ``(A) information about any consumer product--
                    ``(i) with respect to which the Commission has 
                filed an action under section 12;
                    ``(ii) with respect to which the Commission has 
                issued a complaint under section 15(c) or (d) alleging 
                that such product presents a substantial product 
                hazard; or
                    ``(iii) which the Commission has reasonable cause 
                to believe is in violation of any regulation 
                promulgated by the Commission or any Act enforced by 
                the Commission, or where the Commission determines that 
                the public health or safety requires immediate 
                disclosure or a substantial product hazard exists;
            ``(B) information in the course of, or concerning, a 
        rulemaking proceeding (which shall commence upon the 
        publication of an advance notice of proposed rulemaking or a 
        notice of proposed rulemaking), an adjudicatory proceeding 
        (which shall commence upon the issuance of a complaint), or 
        other administrative or judicial proceeding under this Act.
    ``(4) If, after the commencement of a rulemaking or the initiation 
of an adjudicatory proceeding, the Commission decides to terminate the 
proceeding before taking final action, the Commission shall, in a 
manner equivalent to that in which such commencement or initiation was 
publicized, take reasonable steps to make known the decision to 
terminate.
    ``(5) The Commission may not disclose the names or addresses of 
consumers pursuant to its authority under this section unless the 
consumer consents in writing to the disclosure.''.

SEC. 8. RULEMAKING.

    (a) ANPR Requirement.--
            (1) In general.--Section 9 (15 U.S.C. 2058) is amended--
                    (A) by striking ``shall be commenced'' in 
                subsection (a) and inserting ``may be commenced'';
                    (B) by striking ``in the notice'' in subsection (b) 
                and inserting ``in a notice'';
                    (C) by striking ``unless, not less than 60 days 
                after publication of the notice required in subsection 
                (a), the'' in subsection (c) and inserting ``unless 
                the''; and
                    (D) by striking ``an advance notice of proposed 
                rulemaking under subsection (a) relating to the product 
                involved,'' in the third sentence of subsection (c) and 
                inserting ``the notice,''.
            (2) Conforming amendment.--Section 5(a)(3) (15 U.S.C. 
        2054(a)(3)) is amended by striking ``an advance notice of 
        proposed rulemaking or''.
    (b) Rulemaking Under Federal Hazardous Substances Act.--
            (1) In general.--Section 3(a) of the Federal Hazardous 
        Substances Act (15 U.S.C. 1262(a)) is amended to read as 
        follows:
    ``(a) Rulemaking.--
            ``(1) In general.--Whenever in the judgment of the 
        Commission such action will promote the objectives of this Act 
        by avoiding or resolving uncertainty as to its application, the 
        Commission may by regulation declare to be a hazardous 
        substance, for the purposes of this Act, any substance or 
        mixture of substances, which it finds meets the requirements of 
        section 2(f)(1)(A).
    ``(2) Procedure.--Proceedings for the issuance, amendment, or 
repeal of regulations under this subsection and the admissibility of 
the record of such proceedings in other proceedings, shall be governed 
by the provisions of subsections (f) through (i) of this section.''.
            (2) Procedure.--Section 2(q)(2) of the Federal Hazardous 
        Substances Act (15 U.S.C. 1261(q)(2)) is amended by striking 
        ``Proceedings for the issuance, amendment, or repeal of 
        regulations pursuant to clause (B) of subparagraph (1) of this 
        paragraph shall be governed by the provisions of sections 
        701(e), (f), and (g) of the Federal Food, Drug, and Cosmetic 
        Act: Provided, That if'' and inserting ``Proceedings for the 
        issuance, amendment, or repeal of regulations pursuant to 
        clause (B) of subparagraph (1) of this paragraph shall be 
        governed by the provisions of subsections (f) through (i) of 
        section 3 of this Act, except that if''.
            (3) ANPR requirement.--Section 3 of the Federal Hazardous 
        Substances Act (15 U.S.C. 1262) is amended--
                    (A) by striking ``shall be commenced'' in 
                subsection (f) and inserting ``may be commenced'';
                    (B) by striking ``in the notice'' in subsection 
                (g)(1) and inserting ``in a notice''; 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) Other conforming amendments.--The Federal Hazardous 
        Substances Act (15 U.S.C. 1261 et seq.) is amended--
                    (A) by striking paragraphs (c) and (d) of section 2 
                and inserting the following:
            ``(c) The term `Commission' means the Consumer Product 
        Safety Commission.'';
                    (B) by striking ``Secretary'' each place it appears 
                and inserting ``Commission'' except--
                            (i) in section 10(b) (15 U.S.C. 1269(b));
                            (ii) in section 14 (15 U.S.C. 1273); and
                            (iii) in section 21(a) (15 U.S.C. 1276(a));
                    (C) by striking ``Department'' each place it 
                appears, except in sections 5(c)(6)(D)(i) and 14(b) (15 
                U.S.C. 1264(c)(6)(D)(i) and 1273(b)), and inserting 
                ``Commission'';
                    (D) by striking ``he'' and ``his'' each place they 
                appear in reference to the Secretary and inserting 
                ``it'' and ``its'', respectively;
                    (E) by striking ``Secretary of Health, Education, 
                and Welfare'' each place it appears in section 10(b) 
                (15 U.S.C. 1269(b)) and inserting ``Commission'';
                    (F) by striking ``Secretary of Health, Education, 
                and Welfare'' each place it appears in section 14 (15 
                U.S.C. 1273) and inserting ``Commission'';
                    (G) by striking ``Department of Health, Education, 
                and Welfare'' in section 14(b) (15 U.S.C. 1273(b)) and 
                inserting ``Commission'';
                    (H) by striking ``Consumer Product Safety 
                Commission'' each place it appears and inserting 
                ``Commission'';
                    (I) by striking ``(hereinafter in this section 
                referred to as the `Commission')'' in section 14(d) (15 
                U.S.C. 1273(d)) and section 20(a)(1) (15 U.S.C. 
                1275(a)(1)); and
                    (J) by striking paragraph (5) of section 18(b) (15 
                U.S.C. 1261 note).
    (c) Rulemaking under Flammable Fabrics Act.--
            (1) In general.--Section 4 of the Flammable Fabrics Act (15 
        U.S.C. 1193) is amended--
                    (A) by striking ``shall be commenced'' in 
                subsection (g) and inserting ``may be commenced by a 
                notice of proposed rulemaking or''; and
                    (B) by striking ``unless, not less than 60 days 
                after publication of the notice required in subsection 
                (g), the'' in subsection (i) and inserting ``unless 
                the''.
            (2) Other conforming amendments.--The Flammable Fabrics Act 
        (15 U.S.C. 1193) is amended--
                    (A) by striking paragraph (i) of section 2 (15 
                U.S.C. 1191(i)) and inserting the following:
            ``(i) The term `Commission' means the Consumer Product 
        Safety Commission.'';
                    (B) by striking ``Secretary of Commerce'' each 
                place it appears and inserting ``Commission'';
                    (C) by striking ``Secretary'' each place it appears 
                and inserting ``Commission'', except in sections 9 and 
                14 (15 U.S.C. 1198 and 1201);
                    (D) by striking ``he'' and ``his'' each place they 
                appear in reference to the Secretary and inserting 
                ``it'' and ``its'', respectively;
                    (E) by striking paragraph (5) of section 4(e) (15 
                U.S.C. 1193(e)) and redesignating paragraph (6) as 
                paragraph (5);
                    (F) by striking ``Consumer Product Safety 
                Commission (hereinafter in this section referred to as 
                the `Commission')'' in section 15 (15 U.S.C. 1202) and 
                inserting ``Commission'';
                    (G) by striking section 16(d) (15 U.S.C. 1203(d)) 
                and inserting the following:
    ``(d) In this section, a reference to a flammability standard or 
other regulation for a fabric, related material, or product in effect 
under this Act includes a standard of flammability continued in effect 
by section 11 of the Act of December 14, 1967 (Public Law 90-189).''; 
and
                    (H) by striking ``Consumer Product Safety 
                Commission'' in section 17 (15 U.S.C. 1204) and 
                inserting ``Commission''.

SEC. 9. 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. 10. THIRD PARTY CERTIFICATION OF CHILDREN'S PRODUCTS.

    (a) In General.--Section 14(a) (15 U.S.C. 2063(a)) is amended--
            (1) by redesignating paragraph (2) as paragraph (5);
            (2) by striking ``Every manufacturer'' in paragraph (1) and 
        inserting ``Except as provided in paragraph (2), every 
        manufacturer'';
            (3) by designating the second and third sentences of 
        subsection (a) as paragraphs (3) and (4), respectively;
            (4) by inserting after paragraph (1) the following:
    ``(2) Every manufacturer of a children's product (and the private 
labeler of such product if it bears a private label) which is subject 
to a consumer product safety standard under this Act, or a rule under 
this or any other Act enforced by the Commission declaring a consumer 
product a banned hazardous product, shall--
            ``(A) have the product tested by a third party laboratory 
        qualified to perform such tests or testing programs; and
            ``(B) issue a certification which shall--
                    ``(i) certify that such product conforms to such 
                consumer product safety standard or is not a banned 
                hazardous product under such rule; and
                    ``(ii) specify the applicable consumer product 
                safety standard or rule.'';
            (6) by striking ``Such certificate shall'' in paragraph (3) 
        as redesignated by paragraph (1) and inserting ``A certificate 
        required under this subsection shall''; and
            (7) in paragraph (5), as redesignated by paragraph (1)--
                    (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) Section 14(b) (15 U.S.C. 2063(b)) is amended--
            (1) by inserting ``(1)'' before the first sentence;
            (2) by designating the second sentence as paragraph (2); 
        and
            (3) in paragraph (2), as so designated, by striking ``Any 
        test or'' and inserting ``Except as provided in subsection 
        (a)(2), any test or''.
    (c) Advertising, Labeling, and Packaging Representation.--Section 
14(c) (15 U.S.C. 2063(c)) is amended--
            (1) by striking ``(c) The'' and inserting ``(c)(1) The'';
            (2) by striking ``rule)--'' and inserting ``rule):'';
            (3) by redesignating paragraphs (1), (2), and (3) as 
        subparagraphs (A), (B), and (C), respectively;
            (4) by indenting the sentence beginning ``Such labels'' and 
        inserting ``(2)'' before ``Such labels''; and
            (5) by adding at the end thereof the following:
    ``(4) If an advertisement, label, or package contains a reference 
to a consumer product safety standard, a statement with respect to 
whether the product meets all requirements of that standard.''.
    (d) Children's Products; Testing by Independent Third Laboratories; 
Certification.--Section 14 (15 U.S.C. 2063) is amended by adding at the 
end the following:
    ``(d) Application to Other Consumer Products; Certifier Standards; 
Audit.--
            ``(1) In general.--The Commission--
                    ``(A) within 1 year after the date of enactment of 
                the CPSC Reform Act of 2007 shall by rule--
                            ``(i) establish protocols and standards--
                                    ``(I) for acceptance of 
                                certification or continuing guarantees 
                                of compliance by manufacturers under 
                                this section; and
                                    ``(II) for verifying that products 
                                tested by third party laboratories 
                                comply with applicable standards under 
                                this Act and other Acts enforced by the 
                                Commission;
                            ``(ii) prescribe standards for 
                        accreditation of third party laboratories, 
                        either by the Commission or by 1 or more 
                        independent standard-setting organizations to 
                        which the Commission delegates authority, to 
                        engage in certifying compliance under 
                        subsection (a)(2) for children's products or 
                        products to which the Commission extends the 
                        certification requirements of that subsection;
                            ``(iii) establish requirements, or delegate 
                        authority to 1 or more independent standard-
                        setting organizations, for third party 
                        laboratory testing, as the Commission 
                        determines to be necessary to ensure compliance 
                        with any applicable rule or order, of random 
                        samples of products certified under this 
                        section to determine whether they meet the 
                        requirements for certification;
                            ``(iv) establish requirements for periodic 
                        audits of third party laboratories by an 
                        independent standard-setting organization as a 
                        condition for accreditation of such 
                        laboratories under this section; and
                            ``(v) establish a program by which 
                        manufacturers may label products as compliant 
                        with the certification requirements of 
                        subsection (a)(2); and
                    ``(B) may by rule extend the certification 
                requirements of subsection (a)(2) to other consumer 
                products or to classes or categories of consumer 
                products.
            ``(2) Interim procedure.--Within 30 days after the date of 
        enactment of the CPSC Reform Act of 2007, the Commission 
        shall--
                    ``(A) consider existing laboratory testing 
                certification procedures established by independent 
                standard-setting organizations; and
                    ``(B) designate an existing procedure for 
                manufacturers of children's products to follow until 
                the Commission issues a final rule under paragraph 
                (1)(A).
    ``(e) Definitions.--In this section:
            ``(1) Children's product.--The term `children's product' 
        means a product (other than a medication, drug, or food) 
        designed or intended for use by, or care of, a child 7 years of 
        age or younger that is introduced into the interstate stream of 
        commerce. In determining whether a product is intended for use 
        by a child 7 years of age or younger, the following factors 
        shall be considered:
                    ``(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) The context and manner of the advertising, 
                promotion, and marketing associated with the product.
                    ``(C) Whether the product is commonly recognized by 
                consumers as being intended for use by a child 7 years 
                of age or younger.
                    ``(D) The Age Determination Guideline issued by the 
                Consumer Product Safety Commission in September 2002 
                and any subsequent version of such Guideline.
            ``(2) Third party laboratory.--
                    ``(A) In general.--The term `third party 
                laboratory' means a testing entity that--
                            ``(i) is designated by the Commission, or 
                        by an independent standard-setting organization 
                        to which the Commission delegates the authority 
                        to make such a designation, as a testing 
                        laboratory that is competent to test products 
                        for compliance with applicable safety standards 
                        under this Act and other Acts enforced by the 
                        Commission; and
                            ``(ii) except as provided in subparagraph 
                        (B), is a non-governmental entity that is not 
                        owned, managed, controlled, or directed by the 
                        manufacturer or private labeler.
                    ``(B) Exception for proprietary laboratories.--Upon 
                request, the Commission may certify a laboratory that 
                is owned, managed, controlled, or directed by the 
                manufacturer or private labeler as a third party 
                laboratory if the Commission--
                            ``(i) finds that certification of the 
                        laboratory would provide equal or greater 
                        consumer safety protection than the 
                        manufacturer's use of an independent third 
                        party laboratory;
                            ``(ii) establishes procedures to ensure 
                        that the laboratory is protected from undue 
                        influence, including pressure to modify or hide 
                        test results, by the manufacturer or private 
                        labeler; and
                            ``(iii) establishes procedures for 
                        confidential reporting of allegations of undue 
                        influence to the Commission.
                    ``(C) Decertification.--The Commission, or an 
                independent standard-setting organization to which the 
                Commission has delegated such authority, may decertify 
                a third party laboratory if it finds, after notice and 
                investigation, that a manufacturer or private labeler 
                has exerted undue influence on the laboratory.''.
    (e) Label and Certification.--Not later than 1 year after the date 
of the enactment of this Act, the Consumer Product Safety Commission 
shall prescribe a rule in accordance with section 14(a)(5) and (d) of 
the Consumer Product Safety Act (15 U.S.C. 2063(a)(5) and (d)) for 
children's products (as defined in subsection (e) of such section).
    (f) Prohibition on Imports of Children's Products Without Third 
Party Testing Certification.--Section 17(a) (15 U.S.C. 2066(a)) is 
amended--
            (1) by striking ``or'' at the end of paragraph (4);
            (2) by striking ``(g).'' in paragraph (5) and inserting a 
        ``(g); or''; and
            (3) by adding at the end the following:
            ``(6) is a children's product, as that term is defined in 
        section 14(e), or a product for which the Commission, under 
        section 14(d)(1), has required certification under section 
        14(a)(2), that is not accompanied by a certificate from a third 
        party as required by section 14(a)(2).''.

SEC. 11. TRACKING LABELS FOR PRODUCTS FOR CHILDREN.

    (a) Labeling Requirement for Internet and Catalogue Advertising of 
Certain Toys and Games.--Section 24 of the Federal Hazardous Substances 
Act (15 U.S.C. 1278) is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Internet, Catalogue, and Other Advertising.--
            ``(1) Requirement.--
                    ``(A) Cautionary statement.--Any advertisement 
                posted by a manufacturer, retailer, distributor, 
                private labeler, or licensor for any toy, game, 
                balloon, small ball, or marble that requires a 
                cautionary statement under subsections (a) and (b), 
                including any advertisement on Internet websites or in 
                catalogues or other distributed materials, shall 
                include the appropriate cautionary statement required 
                under such subsections in its entirety displayed on or 
                immediately adjacent to such advertisement.
                    ``(B) Display.--The cautionary statement described 
                in subparagraph (A) shall be prominently displayed--
                            ``(i) in the primary language used in the 
                        advertisement, catalogue, or Internet website;
                            ``(ii) in conspicuous and legible type in 
                        contrast by typography, layout, or color with 
                        other material printed or displayed in such 
                        advertisement; and
                            ``(iii) in a manner consistent with part 
                        1500 of title 16, Code of Federal Regulations.
                    ``(C) Definitions.--In this paragraph, the terms 
                `manufacturer, retailer, distributor, private labeler, 
                and licensor'--
                            ``(i) mean any individual who, by such 
                        individual's occupation holds himself or 
                        herself out as having knowledge or skill 
                        peculiar to consumer products, including any 
                        person who is in the business of manufacturing, 
                        selling, distributing, labeling, licensing, or 
                        otherwise placing in the stream of commerce 
                        consumer products; but
                            ``(ii) do not include an individual whose 
                        selling activity is intermittent and does not 
                        constitute a trade or business.
            ``(2) Enforcement.--The requirement under paragraph (1) 
        shall be treated as a consumer product safety standard 
        promulgated under section 7 of the Consumer Product Safety Act 
        (15 U.S.C. 2056). The publication or distribution of any 
        advertisement that is not in compliance with paragraph (1) 
        shall be treated as a prohibited act under section 19 of such 
        Act (15 U.S.C. 2068).''.
    (b) Tracking Labels for Products for Children.--Section 14(a) of 
the Consumer Product Safety Act (15 U.S.C. 2063(a)), as amended by 
section 10(a) of this Act, is further amended by adding at the end 
thereof the following:
            ``(6) The manufacturer of a children's product or other 
        consumer product (as may be required by the Commission in its 
        discretion after a rulemaking proceeding) shall place 
        distinguishing marks on the product and its packaging, to the 
        extent practicable, that will enable the ultimate purchaser to 
        ascertain the source, date, and cohort (including the batch, 
        run number, or other identifying characteristic) of production 
        of the product by reference to those marks.''.

SEC. 12. SUBSTANTIAL PRODUCT HAZARD REPORTING REQUIREMENT.

    Section 15(b) (15 U.S.C. 2064(b)) is amended--
            (1) by striking ``consumer product distributed in 
        commerce,'' and inserting ``consumer product (or other product 
        or substance over which the Commission has jurisdiction under 
        this or any other Act) distributed in commerce,'';
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (3) by inserting after paragraph (1) the following:
            ``(2) fails to comply with any rule or standard promulgated 
        by the Commission under this or any other Act;''.

SEC. 13. CORRECTIVE ACTION PLANS.

    Section 15(d) (15 U.S.C. 2064(d)) is amended--
            (1) by inserting ``(1)'' after ``(d)'';
            (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 ``whichever of the following actions the 
        person to whom the order is directed elects:'' and inserting 
        ``any one or more of the following actions it determines to be 
        in the public interest:'';
            (6) by indenting the sentence beginning ``An order'' and 
        inserting ``(2)'' before ``An order'';
            (7) by striking ``satisfactory to the Commission,'' and 
        inserting ``for approval by the Commission,'';
            (8) by striking ``described in paragraph (3).'' and 
        inserting ``described in paragraph (1)(C).''; and
            (9) 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. The 
manufacturer, retailer, or distributor to which the action plan applies 
may not distribute the product to which the action plan relates in 
commerce after receipt of notice of a revocation of the action plan.''.

SEC. 14. IDENTIFICATION OF MANUFACTURER BY 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; 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 it 
                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 it obtained a 
                component thereof.''.

SEC. 15. REPEATED IMPORTATION OFFENSES.

    Section 17 (15 U.S.C. 2066) is amended by adding at the end thereof 
the following:
    ``(i)(1) The Commission may--
            ``(A) designate as a repeat offender, after notice and an 
        opportunity for a hearing, any customs broker found by the 
        Commission to have aided and abetted the importation of a 
        consumer product in violation of subsection (a) on multiple 
        occasions (disregarding de minimus violations thereof); and
            ``(B) refer any such customs broker to United States 
        Customs and Border Protection with a recommendation that its 
        customs broker license be revoked in accordance with that 
        agency's procedures.
    ``(2) The United States Customs and Border Protection shall revoke 
the customs broker license of any customs broker referred to it under 
paragraph (1)(B).''.

SEC. 16. PROHIBITED ACTS.

    (a) Sale of Recalled Products.--Section 19(a) (15 U.S.C. 2068(a)) 
is 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 this Act or 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, but only if the seller, distributor, or 
                manufacturer knew or should have known of such 
                voluntary corrective action; 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);
            (4) by striking ``insulation).'' in paragraph (9) and 
        inserting ``insulation);''; and
            (5) by striking ``18(b).'' in paragraph (10) and inserting 
        ``18(b); or''.
    (b) Export of Recalled Products.--
            (1) In general.--Section 18 (15 U.S.C. 2067) is amended by 
        adding at the end thereof the following:
    ``(c) Notwithstanding any other provision of law, the Commission 
may prohibit a person from exporting from the United States for purpose 
of sale any consumer product, or other product or substance that is 
regulated under this Act of any other Act enforced by the Commission, 
that the Commission determines, after notice to the manufacturer--
            ``(1) is not in conformity with an applicable consumer 
        product safety standard under this Act or with a similar rule 
        under any such other Act and does not violate applicable safety 
        standards established by the importing country;
            ``(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 voluntary corrective action taken by 
        the manufacturer, in consultation with the Commission, of which 
        action the Commission has notified the public and that would 
        have been subject to mandatory corrective action under this Act 
        or any other Act enforced by the Commission if voluntary 
        corrective action had not been taken by the manufacturer, 
        except that the Commission may permit such a product to be 
        exported if it meets applicable safety standards established by 
        the importing country.''.
            (2) Penalty.--Section 19(a) (15 U.S.C. 2068(a)), as amended 
        by subsection (a) of this section, is further amended--
                    (A) by striking ``or'' after the semicolon in 
                paragraph (10);
                    (B) by striking ``37.'' in paragraph (11) and 
                inserting ``37; or''; and
                    (C) by adding at the end thereof the following:
            ``(12) violate an order of the Commission under section 
        18(c).''.
            (3) Conforming amendments to other acts.--
                    (A) 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,''.
                    (B) Flammable fabrics act.--Section 15 of the 
                Flammable Fabrics Act (15 U.S.C. 1202) is amended by 
                adding at the end thereof the following:
    ``(d) Notwithstanding any other provision of law, the Consumer 
Product Safety Commission may prohibit a person from exporting from the 
United States for purpose of sale any fabric, related material, or 
product that the Commission determines, after notice to the 
manufacturer--
            ``(1) is not in conformity with an applicable consumer 
        product safety standard 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 voluntary corrective action taken by 
        the manufacturer, in consultation with the Commission, of which 
        action the Commission has notified the public and that would 
        have been subject to mandatory corrective action under this or 
        another Act enforced by the Commission if voluntary corrective 
        action had not been taken by the manufacturer.''.
    (c) False Certification of Compliance With Testing Laboratory 
Standard.--Section 19(a) (15 U.S.C. 2068(a)), as amended by subsection 
(b)(2) of this section, is further amended--
            (1) by striking ``or'' after the semicolon in paragraph 
        (11);
            (2) by striking ``18(c).'' in paragraph (12) and inserting 
        ``18(c); or''; and
            (3) by adding at the end thereof the following:
            ``(13) sell, offer for sale, distribute in commerce, or 
        import into the United States any consumer product bearing a 
        false certification mark of compliance with a safety standard 
        established by a nationally recognized testing laboratory if 
        such person knew or should have known that the certification 
        mark was false.''.
    (d) Misrepresentation of Information in Investigation.--Section 
19(a) (15 U.S.C. 2068(a)), as amended by subsection (c) of this 
section, is further amended--
            (1) by striking ``or'' after the semicolon in paragraph 
        (12);
            (2) by striking ``false.'' in paragraph (13) and inserting 
        ``false; or''; and
            (3) by adding at the end thereof the following:
            ``(14) misrepresent to any officer or employee of the 
        Commission the scope of consumer products subject to an action 
        required under section 12 or 15, or to make a material 
        misrepresentation to such an officer or employee in the course 
        of an investigation under this Act or any other Act enforced by 
        the Commission.''.
    (e) Certificates of Compliance With Mandatory Standards.--Section 
19(a)(6) (15 U.S.C. 2068(a)(6)) is amended to read as follows:
            ``(6) fail to furnish a certificate required by this Act or 
        any other Act enforced by the Commission, or to issue a false 
        certificate if such person in the exercise of due care has 
        reason to know that the certificate is false or misleading in 
        any material respect; or to fail to comply with any rule under 
        section 14(c);''.
    (f) Undue Influence on Third Party Laboratories.--Section 19(a) (15 
U.S.C. 2068(a)), as amended by subsection (d) of this section, is 
further amended--
            (1) by striking ``or'' after the semicolon in paragraph 
        (13);
            (2) by striking ``Commission.'' in paragraph (14) and 
        inserting ``Commission; or''; and
            (3) by adding at the end thereof the following:
            ``(15) exercise, or attempt to exercise, undue influence on 
        a third party laboratory (as defined in section 14(e)(2)) with 
        respect to the testing, or reporting of the results of testing, 
        of any product for compliance with a standard under this Act or 
        any other Act enforced by the Commission.''.

SEC. 17. PENALTIES.

    (a) Civil Penalties.--
            (1) In general.--Section 20(a) (15 U.S.C. 2069(a)) is 
        amended--
                    (A) by striking ``$5,000'' and inserting 
                ``$250,000'';
                    (B) by striking ``$1,250,000'' each place it 
                appears and inserting ``$100,000,000''; and
                    (C) by striking ``December 1, 1994,'' in paragraph 
                (3)(B) and inserting ``December 1, 2011,''.
            (2) Federal hazardous substances act.--Section 15(c) of the 
        Federal Hazardous Substances Act (15 U.S.C. 1264(c)) is 
        amended--
                    (A) by striking ``$5,000'' in paragraph (1) and 
                inserting ``$250,000'';
                    (B) by striking ``$1,250,000'' each place it 
                appears in paragraph (1) and inserting 
                ``$100,000,000''; and
                    (C) by striking ``December 1, 1994,'' in paragraph 
                (6)(B) and inserting ``December 1, 2011,''.
            (3) Flammable fabrics act.--Section 5(e) of the Flammable 
        Fabrics Act (15 U.S.C. 1194(e)) is amended--
                    (A) by striking ``$5,000'' in paragraph (1) and 
                inserting ``$250,000'';
                    (B) by striking ``$1,250,000'' in paragraph (1) and 
                inserting ``$100,000,000''; and
                    (C) by striking ``December 1, 1994,'' in paragraph 
                (5)(B) and inserting ``December 1, 2011,''.
    (b) Criminal Penalties.--
            (1) In general.--Section 21(a) (15 U.S.C. 2070(a)) is 
        amended to read as follows:
    ``(a) Violation of section 19 of this Act is punishable by--
            ``(1) imprisonment for not more than--
                    ``(A) 1 year for a knowing violation of that 
                section; or
                    ``(B) 5 years for a knowing and willful violation 
                of that section; and
            ``(2) a fine determined under section 3571 of title 18, 
        United States Code.''.
            (2) Directors, officers, and agents.--Section 21(b) (15 
        U.S.C. 2070(b)) is amended--
                    (A) by striking ``and willfully''; and
                    (B) by striking ``19, and who has knowledge of 
                notice of noncompliance received by the corporation 
                from the Commission,'' and inserting ``19''.
            (3) Under the federal hazardous substances act.--Section 
        5(a) of the Federal Hazardous Substances Act (15 U.S.C. 
        1264(a)) is amended to read as follows:
    ``(a) In General.--Violation of section 4 of this Act is punishable 
by--
            ``(1) imprisonment for not more than--
                    ``(A) 1 year for a knowing violation of that 
                section; or
                    ``(B) 5 years for a knowing and willful violation 
                of that section; and
            ``(2) a fine determined under section 3571 of title 18, 
        United States Code.''.
            (4) Under the Flammable Fabrics Act.--Section 7 of the 
        Flammable Fabrics Act (15 U.S.C. 1196) is amended to read as 
        follows:

                              ``penalties

    ``Sec. 7. Violation of section 3 or 8(b) of this Act, or failure to 
comply with section 15(c) of this Act, is punishable by--
            ``(1) imprisonment for not more than--
                    ``(A) 1 year for a knowing violation of that 
                section; or
                    ``(B) 5 years for a knowing and willful violation 
                of that section; and
            ``(2) a fine determined under section 3571 of title 18, 
        United States Code.''.
    (c) Civil Penalty Criteria.--Within 1 year after the date of 
enactment of this Act, the Consumer Product Safety Commission shall 
initiate a rulemaking in accordance with section 553 of title 5, United 
States Code, to establish criteria for the imposition of civil 
penalties under section 20 of the Consumer Product Safety Act (15 
U.S.C. 2069) and any other Act enforced by the Commission, including 
factors to be considered in establishing the amount of such penalties, 
such as repeat violations, the precedential value of prior adjudicated 
penalties, the factors described in section 20(b) of the Consumer 
Product Safety Act (15 U.S.C. 2069(b)), and other circumstances.
    (d) Criminal Penalties To Include Asset Forfeiture.--Section 21 (15 
U.S.C. 2070) is amended by adding at the end thereof the following:
    ``(c)(1) In addition to the penalties provided by subsection (a), 
the penalty for a criminal violation of this Act or any other Act 
enforced by the Commission may include the forfeiture of assets 
associated with the violation.
    ``(2) In this subsection, the term `criminal violation' means a 
violation of this Act of any other Act enforced by the Commission for 
which the violator is sentenced to pay a fine, be imprisoned, or 
both.''.

SEC. 18. PREEMPTION.

    (a) Effect of Rules and Policy Statements on Preemption.--The 
provisions of sections 25 and 26 of the Consumer Product Safety Act (15 
U.S.C. 2074 and 2075, respectively), section 18 of the Federal 
Hazardous Substances Act (15 U.S.C. 1261 note), section 16 of the 
Flammable Fabrics Act (15 U.S.C. 1203), and section 7 of the Poison 
Packaging Prevention Act of 1970 (15 U.S.C. 1476) establishing the 
extent to which those Acts preempt, limit, or otherwise affect any 
other Federal, State, or local law, any rule, procedure, or regulation, 
or any cause of action under State or local law may not be expanded or 
contracted in scope, or limited, modified or extended in application, 
by any rule or regulation thereunder, or by reference in any preamble, 
statement of policy, executive branch statements, or other matter 
associated with the publication of any such rule or regulation.
    (b) Clarification of Preemption.--The provisions of sections 25 and 
26 of the Consumer Product Safety Act (15 U.S.C. 2074 and 2075, 
respectively), section 18 of the Federal Hazardous Substances Act (15 
U.S.C. 1261 note), section 7 of the Poison Packaging Prevention Act or 
1970 (15 U.S.C. 1476), and section 16 of the Flammable Fabrics Act (15 
U.S.C. 1203) shall be preemptive of any State or local law, or any 
cause of action under State or local law, only to the extent provided 
in those Acts unless compliance with duties imposed by State law would 
make compliance with the Federal rule or regulations promulgated under 
those Acts impossible.

SEC. 19. 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 thereof 
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) Except as provided in paragraph (3) of this subsection, the 
Commission shall not be required to disclose under section 552 of title 
5, United States Code, or any other provision of law--
            ``(A) any material obtained from a foreign government 
        agency, if the foreign government agency has requested 
        confidential treatment, or has precluded such disclosure under 
        other use limitations, as a condition of providing the 
        material;
            ``(B) any material reflecting a consumer complaint obtained 
        from any other foreign source, if the foreign source supplying 
        the material has requested confidential treatment as a 
        condition of providing the material; or
            ``(C) any material reflecting a consumer complaint 
        submitted to a Commission reporting mechanism sponsored in part 
        by foreign government agencies.
    ``(3) Nothing in this subsection shall authorize the Commission to 
withhold information from the Congress or prevent the Commission from 
complying with an order of a court of the United States in an action 
commenced by the United States or the Commission.
    ``(4) The Commission may terminate a memorandum of understanding or 
other agreement with another agency if it determines that the other 
agency has not handled information made available by the Commission 
under paragraph (1) or has failed to maintain confidentiality with 
respect to the information.
    ``(5) 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).''.

SEC. 20. BONDING.

    (a) In General.--The Act (15 U.S.C. 2051 et seq.) is amended by 
adding at the end thereof the following:

                            ``bond authority

    ``Sec. 39. (a) The Commission, in a rulemaking proceeding, may 
require the posting of a bond (or other security acceptable to the 
Commission) by--
            ``(1) a person that has committed multiple significant 
        violations of this Act or any rule or Act enforced by the 
        Commission;
            ``(2) the manufacturer or distributor of a category or 
        class of consumer products; or
            ``(3) the manufacturer or distributor of any consumer 
        product or any product or substance regulated under any other 
        Act enforced by the Commission.
    ``(b) Amount.--The bond or other security required by the 
Commission under subsection (a) shall be in an amount sufficient--
            ``(1) to cover the costs of an effective recall of the 
        product or substance; or
            ``(2) in the case of an imported product or substance, to 
        cover the costs of holding the product or substance at the port 
        and the destruction of the product should such action be 
        required by the Commission under this Act or any other Act 
        enforced by the Commission.''.
    (b) Conforming Amendments.--
            (1) The table of contents is amended by striking the item 
        relating to section 10 and inserting the following:

``Sec. 10. [Repealed].''.
            (2) The table of contents is amended by inserting after the 
        item relating to section 34 the following:

``Sec. 35. Interim cellulose insulation safety standard.
``Sec. 36. Congressional veto of consumer product safety rules.
``Sec. 37. Information reporting.
``Sec. 38. Low-speed electric bicycles.
``Sec. 39. Bonding authority.''.

SEC. 21. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

    (a) In General.--The Act (15 U.S.C. 2051 et seq.) is amended by 
inserting after section 26 the following:

                ``enforcement by state attorneys general

    ``Sec. 26A. (a) Except as provided in subsection (f), a State, as 
parens patriae, may bring a civil action on behalf of its residents in 
an appropriate State or district court of the United States to enforce 
the provisions of this Act or any other Act enforced by the Commission 
to obtain penalties and relief provided under such Acts whenever the 
attorney general of the State has reason to believe that the interests 
of the residents of the State have been or are being threatened or 
adversely affected by a manufacturer, distributor, or retailer entity 
that violates this Act or a regulation under this Act.
    ``(b) The State shall serve written notice to the Commission of any 
civil action under subsection (a) at least 60 days prior to initiating 
such civil action. The notice shall include a copy of the complaint to 
be filed to initiate such civil action, except that if it is not 
feasible for the State to provide such prior notice, the State shall 
provide notice immediately upon instituting such civil action.
    ``(c) Upon receiving the notice required by subsection (b), the 
Commission may intervene in such civil action and upon intervening--
            ``(1) be heard on all matters arising in such civil action; 
        and
            ``(2) file petitions for appeal of a decision in such civil 
        action.
    ``(d) Nothing in this section shall prevent the attorney general of 
a State from exercising the powers conferred on the attorney general by 
the laws of such State to conduct investigations or to administer oaths 
or affirmations or to compel the attendance of witnesses or the 
production of documentary and other evidence.
    ``(e) In a civil action brought under subsection (a)--
            ``(1) the venue shall be a judicial district in which--
                    ``(A) the manufacturer, distributor, or retailer 
                operates; or
                    ``(B) the manufacturer, distributor, or retailer is 
                authorized to do business;
            ``(2) process may be served without regard to the 
        territorial limits of the district or of the State in which the 
        civil action is instituted; and
            ``(3) a person who participated with a manufacturer, 
        distributor, or retailer in an alleged violation that is being 
        litigated in the civil action may be joined in the civil action 
        without regard to the residence of the person.
    ``(f) If the Commission has instituted a civil action or an 
administrative action for violation of this Act or any other Act 
enforced by the Commission, no State attorney general, or other 
official or agency of a State, may bring an action under this section 
during the pendency of that action against any defendant named in the 
complaint of the Commission for any violation of this Act alleged in 
the complaint.
    ``(g) If the attorney general of the State prevails in any civil 
action under subsection (a), it can recover reasonable costs and 
attorney fees from the manufacturer, distributor, or retailer.''.
    (b) Conforming Amendment.--The table of contents is amended by 
inserting after the item relating to section 26 the following:

``Sec. 26A. Enforcement by state attorneys general.''.

SEC. 22. WHISTLEBLOWER PROTECTIONS.

    (a) In General.--The Act (15 U.S.C. 2051 et seq.), as amended by 
section 20, is further amended by adding at the end the following:

                       ``whistleblower protection

    ``Sec. 40. (a) No manufacturer, private labeler, distributor, or 
retailer, nor any Federal, State, or local government agency, may 
discharge an employee or otherwise discriminate against an employee 
with respect to compensation, terms, conditions, or privileges of 
employment because the employee, whether at the employee's initiative 
or in the ordinary course of the employee's duties (or any person 
acting pursuant to a request of the employee)--
            ``(1) provided, caused to be provided, or is about to 
        provide or cause to be provided to the employer, the Federal 
        Government, or the attorney general of a State information 
        relating to any violation or alleged violation of any order, 
        regulation, or consumer product safety standard under this Act 
        or any other law enforced by the Commission (or by the attorney 
        general of a State under section 21);
            ``(2) testified or is about to testify in such a 
        proceeding;
            ``(3) assisted or participated or is about to assist or 
        participate in such a proceeding; or
            ``(4) objected to, or refused to participate in, any 
        activity, policy, practice, or assigned task that the employee 
        (or other such person) reasonably believed to be in violation 
        of an applicable law or to be a substantial and specific danger 
        to public health or safety.
    ``(b)(1) If the Commission, or the attorney general of a State, 
proceeds with an action against a manufacturer, private labeler, 
distributor, or retailer for a violation of this Act or any other Act 
enforced by the Commission, on the basis of information provided by 
such an employee, the employee shall receive at least 15 percent but 
not more than 25 percent of any civil penalty assessed and collected by 
the Commission, or attorney general, for the violation, depending upon 
the extent to which the information provided by the employee 
substantially contributed to the enforcement action, as determined by 
the Commission.
    ``(2) If the Commission's action is based primarily on disclosures 
of specific information (other than information provided by the 
employee) relating to allegations or transactions in a criminal, civil, 
or administrative hearing, in a congressional, administrative, or 
Government Accountability Office report, hearing, audit, or 
investigation, or from the news media, the Commission may award such 
sums as it considers appropriate to the employee, but in no case more 
than 10 percent of the civil penalty assessed and collected, taking 
into account the significance of the information and the role of the 
employee.
    ``(3) In the case of an action brought by the attorney general of a 
State under section 21, the amount of any civil penalty to which such 
an employee may be entitled shall be determined by the Commission, 
subject to the limitations in paragraph (1) and (2), in consultation 
with the attorney general that brought the action.
    ``(c)(1) A person who believes that he or she has been discharged 
or otherwise discriminated against by any person in violation of 
subsection (a) may, not later than 1 year after the date on which such 
violation occurs, file (or have any person file on his or her behalf) a 
complaint with the Secretary of Labor alleging such discharge or 
discrimination and identifying the person responsible for such act. 
Upon receipt of such a complaint, the Secretary shall notify, in 
writing, the person named in the complaint of the filing of the 
complaint, of the allegations contained in the complaint, of the 
substance of evidence supporting the complaint, and of the 
opportunities that will be afforded to such person under paragraph (2).
    ``(2)(A) Not later than 60 days after the date of receipt of a 
complaint filed under paragraph (1) and after affording the complainant 
and the person named in the complaint an opportunity to submit to the 
Secretary a written response to the complaint and an opportunity to 
meet with a representative of the Secretary to present statements from 
witnesses, the Secretary shall initiate an investigation and determine 
whether there is reasonable cause to believe that the complaint has 
merit and notify, in writing, the complainant and the person alleged to 
have committed a violation of subsection (a) of the Secretary's 
findings. If the Secretary concludes that there is reasonable cause to 
believe that a violation of subsection (a) has occurred, the Secretary 
shall accompany the Secretary's findings with a preliminary order 
providing the relief prescribed by paragraph (3)(B). Not later than 30 
days after the date of notification of findings under this paragraph, 
either the person alleged to have committed the violation or the 
complainant may file objections to the findings or preliminary order, 
or both, and request a hearing on the record. The filing of such 
objections shall not operate to stay any reinstatement remedy contained 
in the preliminary order. Any such hearing shall be conducted 
expeditiously. If a hearing is not requested in such 30-day period, the 
preliminary order shall be deemed a final order that is not subject to 
judicial review.
    ``(B)(i) The Secretary shall dismiss a complaint filed under this 
subsection and shall not conduct an investigation otherwise required 
under subparagraph (A) unless the complainant makes a prima facie 
showing that any behavior described in paragraphs (1) through (4) of 
subsection (a) was a contributing factor in the unfavorable personnel 
action alleged in the complaint.
    ``(ii) Notwithstanding a finding by the Secretary that the 
complainant has made the showing required under clause (i), no 
investigation otherwise required under subparagraph (A) shall be 
conducted if the employer demonstrates, by clear and convincing 
evidence, that the employer would have taken the same unfavorable 
personnel action in the absence of that behavior.
    ``(iii) The Secretary may determine that a violation of subsection 
(a) has occurred only if the complainant demonstrates that any behavior 
described in paragraphs (1) through (4) of subsection (a) was a 
contributing factor in the unfavorable personnel action alleged in the 
complaint.
    ``(iv) Relief may not be ordered under subparagraph (A) if the 
employer demonstrates by clear and convincing evidence that the 
employer would have taken the same unfavorable personnel action in the 
absence of that behavior.
    ``(3)(A) Not later than 120 days after the date of conclusion of 
any hearing under paragraph (2), the Secretary shall issue a final 
order providing the relief prescribed by this paragraph or denying the 
complaint. At any time before issuance of a final order, a proceeding 
under this subsection may be terminated on the basis of a settlement 
agreement entered into by the Secretary, the complainant, and the 
person alleged to have committed the violation.
    ``(B) If, in response to a complaint filed under paragraph (1), the 
Secretary determines that a violation of subsection (a) has occurred, 
the Secretary shall order the person who committed such violation--
            ``(i) to take affirmative action to abate the violation;
            ``(ii) to reinstate the complainant to his or her former 
        position together with compensation (including back pay) and 
        restore the terms, conditions, and privileges associated with 
        his or her employment; and
            ``(iii) to provide compensatory damages to the complainant.
If such an order is issued under this paragraph, the Secretary, at the 
request of the complainant, shall assess against the person against 
whom the order is issued a sum equal to the aggregate amount of all 
costs and expenses (including attorneys' and expert witness fees) 
reasonably incurred, as determined by the Secretary, by the complainant 
for, or in connection with, the bringing of the complaint upon which 
the order was issued.
    ``(C) If the Secretary finds that a complaint under paragraph (1) 
is frivolous or has been brought in bad faith, the Secretary may award 
to the prevailing employer a reasonable attorneys' fee, not exceeding 
$1,000, to be paid by the complainant.
    ``(4) If the Secretary has not issued a final decision within 180 
days after the filing of the complaint, or within 90 days after 
receiving a written determination, the complainant may bring an action 
at law or equity for de novo review in the appropriate district court 
of the United States with jurisdiction, which shall have jurisdiction 
over such an action without regard to the amount in controversy, and 
which action shall, at the request of either party to such action, be 
tried by the court with a jury. The proceedings shall be governed by 
the same legal burdens of proof specified in paragraph (2)(B). The 
court shall have jurisdiction to grant all appropriate relief to the 
employee available by law or equity, including injunctive relief, 
compensatory and consequential damages, reasonable attorneys and expert 
witness fees, court costs, and punitive damages up to $250,000.
    ``(5)(A) Any person adversely affected or aggrieved by a final 
order issued under paragraph (3) may obtain review of the order in the 
United States Court of Appeals for the circuit in which the violation, 
with respect to which the order was issued, allegedly occurred or the 
circuit in which the complainant resided on the date of such violation. 
The petition for review must be filed not later than 60 days after the 
date of the issuance of the final order of the Secretary. Review shall 
conform to chapter 7 of title 5, United States Code. The commencement 
of proceedings under this subparagraph shall not, unless ordered by the 
court, operate as a stay of the order.
    ``(B) An order of the Secretary with respect to which review could 
have been obtained under subparagraph (A) shall not be subject to 
judicial review in any criminal or other civil proceeding.
    ``(6) Whenever any person has failed to comply with an order issued 
under paragraph (3), the Secretary may file a civil action in the 
United States district court for the district in which the violation 
was found to occur, or in the United States district court for the 
District of Columbia, to enforce such order. In actions brought under 
this paragraph, the district courts shall have jurisdiction to grant 
all appropriate relief including, but not limited to, injunctive relief 
and compensatory damages.
    ``(7)(A) A person on whose behalf an order was issued under 
paragraph (3) may commence a civil action against the person to whom 
such order was issued to require compliance with such order. The 
appropriate United States district court shall have jurisdiction, 
without regard to the amount in controversy or the citizenship of the 
parties, to enforce such order.
    ``(B) The court, in issuing any final order under this paragraph, 
may award costs of litigation (including reasonable attorneys' and 
expert witness fees) to any party whenever the court determines such 
award is appropriate.
    ``(d) Any nondiscretionary duty imposed by this section shall be 
enforceable in a mandamus proceeding brought under section 1361 of 
title 28, United States Code.
    ``(e) Subsection (a) shall not apply with respect to an employee of 
a manufacturer, private labeler, distributor, or retailer who, acting 
without direction from such manufacturer, private labeler, distributor, 
or retailer (or such person's agent), deliberately causes a violation 
of any requirement relating to any violation or alleged violation of 
any order, regulation, or consumer product safety standard under this 
Act or any other law enforced by the Commission.''.
    (b) Conforming Amendment.--The table of contents, as amended by 
section 21 of this Act, is further amended by inserting after the item 
relating to section 39 the following:

``Sec. 40. Whistleblower protection.''.

SEC. 23. BAN ON CHILDREN'S PRODUCTS CONTAINING LEAD; LEAD PAINT RULE.

    (a) In General.--Beginning on the date that is 180 days after the 
date of enactment of this Act--
            (1) any children's product (as defined in section 14(e) of 
        the Consumer Product Safety Act (15 U.S.C. 2063(e))) that 
        contains lead shall be treated as a banned hazardous substance 
        under the Federal Hazardous Substances Act (15 U.S.C. 1261 et 
        seq.); and
            (2) the prohibitions contained in section 4 of such Act (15 
        U.S.C. 1263) shall apply without regard to whether the lead 
        contained in such children's product is accessible to children.
    (b) Trace Amounts of Lead.--For purposes of subsection (a), a 
children's product shall be considered to contain lead if--
            (1) in the case of a children's product that is jewelry, 
        any part of the product contains lead or lead compounds and the 
        lead content of such part (calculated as lead metal) is greater 
        than 0.02 percent by weight of the total weight of such part 
        (or such lesser amount as may be established by the Commission 
        by regulation); or
            (2) in the case of a children's product that is not 
        jewelry, any part of the product contains lead or lead 
        compounds and the lead content of such part (calculated as lead 
        metal) is greater than 0.04 percent by weight of the total 
        weight of such part (or such lesser amount as may be 
        established by the Commission by regulation).
    (c) Electronics.--If the Commission determines that it is not 
feasible for certain electronic devices, including batteries, to comply 
with subsection (a) at the time the regulations take effect, the 
Commission shall, by regulation--
                    (A) issue standards to reduce the exposure of and 
                accessibility to lead in such electronic devices; and
                    (B) establish a schedule by which such electronic 
                devices shall be in full compliance with the 
                regulations prescribed under subsection (a).
    (d) Regulations.--On the day after the date of enactment of this 
Act, the Commission shall initiate a rulemaking proceeding to determine 
whether thresholds lower than those described in subsection (b) should 
be prescribed for children's products. If the Commission makes such a 
determination, the Commission shall promulgate regulations establishing 
lower thresholds in lieu of the thresholds established in subsection 
(b).
    (e) Paint Standard for All Products.--Within 30 days after the date 
of enactment of this Act, the Consumer Product Safety Commission shall 
modify section 1303.1 of its regulations (16 C.F.R. 1303.1) by 
substituting ``0.009 percent'' for ``0.06 percent'' in subsection (a) 
of that section.

SEC. 24. ALTERNATIVE MEASURES OF LEAD CONTENT.

    The Consumer Product Safety Commission, in cooperation with the 
National Academy of Sciences and the National Institute of Standards 
and Technology, shall study the feasibility of establishing a 
measurement standard based on a units-of-mass-per-area standard 
(similar to existing measurement standards used by the Department of 
Housing and Urban Development and the Environmental Protection Agency 
to measure for metals in household paint and soil, respectively) that 
is statistically comparable to the parts-per-million measurement 
standard currently used in laboratory analysis.

SEC. 25. STUDY OF PREVENTABLE INJURIES AND DEATHS OF MINORITY CHILDREN 
              RELATED TO CERTAIN CONSUMER PRODUCTS.

    (a) In General.--Within 90 days after the date of enactment of this 
Act, the Consumer Product Safety Commission 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.
    (b) Requirements.--The study shall examine the racial disparities 
of the rates of preventable injuries and deaths related to suffocation, 
poisonings, and drowning including those associated with the use of 
cribs, mattresses and bedding materials, swimming pools and spas, and 
toys and other products intended for use by children.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Commission shall report its findings to the chairmen and 
ranking members of the Senate Commerce, Science, and Transportation 
Committee and the House of Representatives Energy and Commerce 
Committee. The report shall include--
            (1) the Commission's findings on the incidence of 
        preventable risks of injury and death among children of 
        minority populations and recommendations for minimizing such 
        increased risks;
            (2) recommendations for public outreach, awareness, and 
        prevention campaigns specifically aimed at racial minority 
        populations; and
            (3) recommendations for education initiatives that may 
        reduce current statistical disparities.
    (d) Authorization.--There are authorized to be appropriated to the 
Commission $500,000 for purposes of carrying out this section for 
fiscal year 2008.

SEC. 26. COST-BENEFIT ANALYSIS UNDER THE POISON PREVENTION PACKAGING 
              ACT OF 1970.

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

SEC. 27. INSPECTOR GENERAL REPORTS.

    (a) Implementation by the Commission.--
            (1) In general.--The Inspector General of the Consumer 
        Product Safety Commission shall conduct reviews and audits of 
        implementation of the Consumer Product Safety Act by the 
        Commission, including--
                    (A) an assessment of the ability of the Commission 
                to enforce subsections (a)(2) and (d) of section 14 of 
                the Act (15 U.S.C. 2063), as amended by section 10 of 
                this Act, including the ability of the Commission to 
                enforce the prohibition on imports of children's 
                products without third party testing certification 
                under section 17(a)(6) of the Act (15 U.S.C. 
                2066)(a)(6), as added by section 10 of this Act;
                    (B) an assessment of the ability of the Commission 
                to enforce section 14(a)(6) of the Act (15 U.S.C. 
                2063(a)(6)), as added by section 11 of this Act, and 
                section 16(c) of the Act, as added by section 14 of 
                this Act; and
                    (C) an audit of the Commission's capital 
                improvement efforts, including construction of a new 
                testing facility.
            (2) Annual Report.--The Inspector General shall submit an 
        annual report, setting forth the Inspector General's findings, 
        conclusions, and recommendations from the reviews and audits 
        under paragraph (1), for each of fiscal years 2009 through 2015 
        to the Commission, the Senate Committee on Commerce, Science, 
        and Transportation, and the House of Representatives Committee 
        on Energy and Commerce.
    (b) Employee Complaints.--
            (1) In general.--Within 1 year after the date of enactment 
        of this Act, the Inspector General shall conduct a review of--
                    (A) complaints received by the Inspector General 
                from employees of the Commission about violations of 
                rules or regulations of the Consumer Product Safety Act 
                or any other Act enforced by the Commission; 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.--The Inspector General shall submit a report, 
        setting forth the Inspector General's findings, conclusions, 
        and recommendations, to the Commission, the Senate Committee on 
        Commerce, Science, and Transportation, and the House of 
        Representatives Committee on Energy and Commerce.
    (c) Leaks.--
            (1) In general.--Within 1 year after the date of enactment 
        of this Act, the Inspector General shall--
                    (A) conduct a review of whether, and to what 
                extent, there have been unauthorized and unlawful 
                disclosures of information by Members, officers, or 
                employees of the Commission to persons not authorized 
                to receive such information; and
                    (B) to the extent that such unauthorized and 
                unlawful disclosures have occurred, determine--
                            (i) what class or kind of information was 
                        most frequently involved in such disclosures; 
                        and
                            (ii) how frequently such disclosures have 
                        occurred.
            (2) Report.--The Inspector General shall submit a report, 
        setting forth the Inspector General's findings, conclusions, 
        and recommendations, to the Commission, the Senate Committee on 
        Commerce, Science, and Transportation, and the House of 
        Representatives Committee on Energy and Commerce.

SEC. 28. PUBLIC INTERNET WEBSITE LINKS.

    Not later than 30 days after the date of enactment of this Act, the 
Consumer Product Safety Commission shall establish and maintain--
            (1) a direct link on the homepage of its Internet website 
        to the Internet website of the Commission's Office of Inspector 
        General; and
            (2) a mechanism on the homepage of the Office of Inspector 
        General's Internet website by which individuals may anonymously 
        report cases of waste, fraud, or abuse with respect to the 
        Commission.

SEC. 29. CHILD-RESISTANT PORTABLE GASOLINE CONTAINERS.

    (a) Consumer Product Safety Rule.--
            (1) Establishment.--There is established, as a consumer 
        product safety rule promulgated by the Commission in accordance 
        with section 9 of the Consumer Product Safety Act (15 U.S.C. 
        2058), a requirement that each portable gasoline container for 
        sale in the United States shall conform to the child-resistance 
        requirements for closures on portable gasoline containers 
        specified in the standard ASTM F2517-05, issued by ASTM 
        International.
    (b) Revision of Rule.--
            (1) In general.--Except as provided in paragraph (2), if, 
        after the date of the enactment of this Act, ASTM International 
        proposes to revise the child resistance requirements of ASTM 
        F2517-05--
                    (A) ASTM International shall notify the Commission 
                of the proposed revision; and
                    (B) the proposed revision shall be incorporated in 
                the consumer product safety rule established by 
                subsection (a).
            (2) Exception.--If, not later than 60 days after the date 
        of the notice described in paragraph (1)(A), the Commission 
        notifies ASTM International that the Commission has determined 
        that such revision is inconsistent with subsection (a), the 
        requirement of paragraph (1)(B) shall not apply.
    (c) Implementing Regulations.--With respect to the promulgation of 
any regulations by the Commission to implement the requirements of this 
section--
            (1) section 553 of title 5, United States Code, shall 
        apply; and
            (2) sections 7 and 9 of the Consumer Product Safety Act (15 
        U.S.C. 2056 and 2058) shall not apply.
    (d) Report.--Not later than 2 years after the date of enactment of 
this Act, the Commission shall submit to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Energy and Commerce a report on--
            (1) the degree of industry compliance with the consumer 
        product safety rule established by subsection (a);
            (2) any enforcement actions brought by the Commission to 
        enforce such rule; and
            (3) incidents involving children interacting with portable 
        gasoline containers (including both those that are and are not 
        in compliance with the rule established by subsection (a)).
    (e) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
            (2) Portable gasoline container.--The term ``portable 
        gasoline container'' means any portable gasoline container 
        intended for use by consumers.
    (f) Effective Date.--The rule established by subsection (a) shall 
apply to portable gasoline containers manufactured on or after the date 
that is 6 months after the date of enactment of this Act.

SEC. 30. TOY SAFETY STANDARD.

    (a) In General.--Beginning 60 days after the date of enactment of 
this Act, ASTM-International Standard F963-07, Consumer Safety 
Specifications for Toy Safety, as it exists on the date of enactment of 
this Act shall be considered to be a consumer product safety rule 
issued by the Consumer Product Safety Commission under section 9 of the 
Consumer Product Safety Act (15 U.S.C. 2058).
    (b) Revisions.--If more than 60 days after the date of enactment of 
this Act, ASTM-International proposes to revise Standard F963-07, 
Consumer Safety Specifications for Toy Safety, or a successor standard, 
it shall notify the Commission of the proposed revision and the 
proposed revision shall be incorporated in the consumer product safety 
rule. The revised standard shall be considered to be a consumer product 
safety rule issued by the Consumer Product Safety Commission under 
section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), 
effective 30 days after the date on which ASTM-International notifies 
the Commission of the revision unless, within 30 days after receiving 
that notice, the Commission notifies ASTM-International that it has 
determined that the proposed revision does not improve the safety of 
the consumer product covered by the standard. If the Commission so 
notifies ASTM-International with respect to a proposed revision of the 
standard, the existing standard shall continue to be considered to be a 
consumer product safety rule without regard to the proposed revision.

SEC. 31. ALL-TERRAIN VEHICLE SAFETY STANDARD.

    (a) In General.--The Act (15 U.S.C. 2051 et seq.), as amended by 
section 22 of this Act, is further amended by adding at the end thereof 
the following:

                 ``all-terrain vehicle safety standard

    ``Sec. 41. (a) In General.--
            ``(1) Mandatory standard.--Notwithstanding any other 
        provision of law, within 90 days after the date of enactment of 
        the CPSC Reform Act of 2007 the Commission shall publish in the 
        Federal Register as a mandatory consumer product safety 
        standard the American National Standard for Four Wheel All-
        Terrain Vehicles Equipment Configuration, and Performance 
        Requirements developed by the Specialty Vehicle Institute of 
        America (American National Standard ANSI/SVIA-1-2007). The 
        standard shall take effect 150 days after it is published.
            ``(2) Compliance with standard.--After the standard takes 
        effect, it shall be unlawful for any manufacturer or 
        distributor to import into or distribute in commerce in the 
        United States any new assembled or unassembled all-terrain 
        vehicle unless--
                    ``(A) the vehicle complies with each applicable 
                provision of the standard;
                    ``(B) the vehicle is subject to an ATV action plan 
                filed with the Commission before January 1, 2008, or 
                subsequently filed with and approved by the Commission, 
                and bears a label certifying such compliance and 
                identifying the manufacturer, importer or private 
                labeler and the ATV action plan to which it is subject; 
                and
                    ``(C) the manufacturer or distributor is in 
                compliance with all provisions of the applicable ATV 
                action plan.
            ``(3) Violation.--The failure to comply with any 
        requirement of paragraph (2) shall be deemed to be a failure to 
        comply with a consumer product safety rule under this Act and 
        subject to all of the penalties and remedies available under 
        this Act.
            ``(4) Compliant models with additional features.--Paragraph 
        (2) shall not be construed to prohibit the distribution in 
        interstate commerce of new all-terrain vehicles that comply 
        with the requirements of that paragraph but also incorporate 
        characteristics or components that are not covered by those 
        requirements. Any such characteristics or components shall be 
        subject to the requirements of section 15 of this Act.
    ``(b) Modification of All-Terrain Vehicle Safety Standard.--
            ``(1) ANSI revisions.--If the American National Standard 
        ANSI/SVIA-1-2007 is revised through the applicable consensus 
        standards development process after the date on which the 
        product safety standard for all-terrain vehicles is published 
        in the Federal Register, the American National Standards 
        Institute shall notify the Commission of the revision.
            ``(2) Commission action.--Within 120 days after it receives 
        notice of such a revision by the American National Standards 
        Institute, the Commission shall issue a notice of proposed 
        rulemaking in accordance with section 553 of title 5, United 
        States Code, to amend the product safety standard for all-
        terrain vehicles to include any such revision that the 
        Commission determines is reasonably related to the safe 
        performance of all-terrain vehicles, and notify the Institute 
        of any provision it has determined not to be so related. The 
        Commission shall promulgate an amendment to the standard for 
        all-terrain vehicles within 180 days after the date on which 
        the notice of proposed rulemaking for the amendment is 
        published in the Federal Register.
            ``(3) Unreasonable risk of injury.--Notwithstanding any 
        other provision of this Act, the Commission may, pursuant to 
        sections 7 and 9 of this Act, amend the product safety standard 
        for all-terrain vehicles to include any additional provision 
        that the Commission determines is reasonably necessary to 
        reduce an unreasonable risk of injury associated with the 
        performance of all-terrain vehicles.
            ``(4) Certain provisions not applicable.--Sections 7, 9, 
        11, and 30(d) of this Act shall not apply to promulgation of 
        any amendment of the product safety standard under paragraph 
        (2). Judicial review of any amendment of the standard under 
        paragraph (2) shall be in accordance with chapter 7 of title 5, 
        United States Code.
    ``(c) Requirements for 3-Wheeled All-Terrain Vehicles.--Until a 
mandatory consumer product safety rule applicable to 3-wheeled all-
terrain vehicles promulgated pursuant to this Act is in effect, new 3-
wheeled all-terrain vehicles may not be imported into or distributed in 
commerce in the United States. Any violation of this subsection shall 
be considered to be a violation of section 19(a)(1) of this Act and may 
also be enforced under section 17 of this Act.
    ``(d) Further Proceedings.--
            ``(1) Deadline.--The Commission shall issue a final rule in 
        its proceeding entitled `Standards for All Terrain Vehicles and 
        Ban of Three-wheeled All Terrain Vehicles'.
            ``(2) Categories of youth atvs.--In the final rule, the 
        Commission may provide for a multiple factor method of 
        categorization that, at a minimum, takes into account--
                    ``(A) the weight of the vehicle;
                    ``(B) the maximum speed of the vehicle;
                    ``(C) the velocity at which a vehicle of a given 
                weight is travelling at the maximum speed of the 
                vehicle;
                    ``(D) the age of children for whose operation the 
                vehicle is designed or who may reasonably be expected 
                to operate the vehicle; and
                    ``(E) the average weight of children for whose 
                operation the vehicle is designed or who may reasonably 
                be expected to operate the vehicle.
    ``(e) Definitions.--In this section:
            ``(1) All-terrain vehicle or atv.--The term `all-terrain 
        vehicle' or `ATV' means--
                    ``(A) any motorized, off-highway vehicle designed 
                to travel on 3 or 4 wheels, having a seat designed to 
                be straddled by the operator and handlebars for 
                steering control; but
                    ``(B) does not include a prototype of a motorized, 
                off-highway, all-terrain vehicle or other motorized, 
                off-highway, all-terrain vehicle that is intended 
                exclusively for research and development purposes 
                unless the vehicle is offered for sale.
            ``(2) ATV action plan.--The term `ATV action plan' means a 
        written plan or letter of undertaking that describes actions 
        the manufacturer or distributor agrees to take to promote ATV 
        safety, including rider training, dissemination of safety 
        information, age recommendations, other policies governing 
        marketing and sale of the vehicles, the monitoring of such 
        sales, and other safety related measures, and that is 
        substantially similar to the plans described under the heading 
        The Undertakings of the Companies in the Commission Notice 
        published in the Federal Register on September 9, 1998 (63 FR 
        48199-48204).''.
    (b) GAO Study.--The Comptroller General shall conduct a study of 
the utility, recreational, and other benefits of all-terrain vehicles 
to which section 38 of the Consumer Product Safety Act (15 U.S.C. 2085) 
applies, and the costs associated with all-terrain vehicle-related 
accidents and injuries.
    (c) Conforming Amendment.--The table of contents, as amended by 
section 22 of this Act, is further amended by inserting after the item 
relating to section 40 the following:

``Sec. 41. All-terrain vehicle safety standard.''.
    (d) Effective Date.--The amendment made by subsection (a) shall 
take effect 90 days after the date enactment of enactment of this Act.

SEC. 32. GARAGE DOOR OPENER STANDARD.

    Notwithstanding section 203(b) of the Consumer Product Safety 
Improvement Act of 1990 (15 U.S.C. 2056 note) or any amendment by the 
American National Standards Institute Underwriters Laboratories, Inc. 
of its Standards for Safety--UL 325, all automatic garage door openers 
that directly drive the door in the closing direction that are 
manufactured more than 6 months after the date of enactment of this Act 
shall include an external secondary entrapment protection device that 
does not require contact with a person or object for the garage door to 
reverse.

SEC. 33. REDUCING DEATHS AND INJURIES FROM CARBON MONOXIDE POISONING.

    (a) In General.--The Consumer Product Safety Commission shall issue 
a final rule in its proceeding entitled ``Portable Generators'' for 
which the Commission issued an advance notice of proposed rulemaking on 
December 12, 2006 (71 Fed. Reg. 74472), no later than 18 months after 
the date of enactment of this Act.
    (b) Report.--Not later than 120 days after the date of enactment of 
this Act, the Consumer Product Safety Commission shall submit a report 
to the Senate Committee on Commerce, Science, and Transportation that--
            (1) reviews the effectiveness of its labeling requirements 
        for charcoal briquettes (16 C.F.R. 1500.14(b)(6)) during the 
        windstorm that struck the Pacific Northwest beginning on 
        December 14, 2006;
            (2) identifies any specific challenges faced by non-English 
        speaking populations with use of the current standards; and
            (3) contains recommendations for improving the labels on 
        charcoal briquettes.

SEC. 34. COMPLETION OF CIGARETTE LIGHTER RULEMAKING.

    The Consumer Product Safety Commission shall issue a final rule 
mandating general safety standards for cigarette lighters in its 
proceedings entitled ``Safety Standard for cigarette Lighters'' for 
which the Commission issued an advance notice of proposed rulemaking on 
April 11, 2005 (68 Fed. Reg. 11339) no later than 24 months after the 
date of enactment of this Act.

SEC. 35. CONSUMER PRODUCT REGISTRATION FORMS.

    (a) Findings.--Congress finds the following:
            (1) Unintentional injuries are the leading cause of death 
        among children, and for every such injury that is fatal, 
        approximately 18 children are hospitalized and 1,250 are 
        treated by emergency departments for such injuries that are 
        nonfatal.
            (2) According to the Consumer Product Safety Commission, an 
        average of 50 children under the age of 5 die each year in 
        incidents associated with nursery products, and about 16 of 
        these deaths each year are associated with cribs.
            (3) In 2003, an estimated 60,700 children under the age of 
        5 were treated in United States hospital emergency rooms for 
        injuries associated with nursery products, and there were 
        10,700 injuries to children under the age of 5 years associated 
        with strollers alone.
            (4) Of the 397 recalls issued by the Consumer Product 
        Safety Commission in fiscal year 2005, 109 (or 27 percent) were 
        children's products. Children's products were recalled, on 
        average, more than 2 times per week, and accounted for 
        19,635,627 individual units.
    (b) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
            (2) Durable infant or toddler product.--The term ``durable 
        infant or toddler product'' means a durable product intended 
        for use by, or that may be reasonably expected to be used by, 
        children younger than the age of 5 years, including the 
        following:
                    (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.
                    (L) Bassinets and cradles.
    (c) Consumer Product Registration Forms.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Commission shall, pursuant to its 
        authority under section 16(b) of the Consumer Product Safety 
        Act (15 U.S.C. 2065(b)), promulgate final consumer product 
        safety rules that require manufacturers of durable infant or 
        toddler products--
                    (A) in accordance with paragraph (2), to provide 
                consumers with postage-paid consumer registration forms 
                with each such product;
                    (B) in accordance with paragraph (5), to maintain a 
                record of the names, addresses, e-mail addresses, and 
                other contact information of consumers who register 
                their ownership of such products with the manufacturer 
                in order to improve the effectiveness of manufacturer 
                campaigns to recall such products; and
                    (C) to place permanently the manufacturer name and 
                contact information, model name and number, and the 
                date of manufacture on each durable infant or toddler 
                product.
            (2) Requirements for registration forms.--
                    (A) In general.--The registration forms required by 
                paragraph (1)(A) shall provide space sufficiently large 
                to permit easy, legible recording of the information 
                specified in subparagraph (B)(i).
                    (B) Elements.--Such forms shall include the 
                following:
                            (i) Spaces for a consumer to provide the 
                        following:
                                    (I) The consumer's name.
                                    (II) The consumer's postal address.
                                    (III) The consumer's telephone 
                                number.
                                    (IV) The consumer's e-mail address.
                            (ii) The manufacturer's name.
                            (iii) The model name and number for the 
                        product.
                            (iv) The date of manufacture of the 
                        product.
                            (v) A message that--
                                    (I) explains the purpose of the 
                                registration; and
                                    (II) is designed to encourage 
                                consumers to complete the registration.
                            (vi) A statement that information provided 
                        by the consumer shall not be used for any 
                        purpose other than to facilitate a recall of or 
                        safety alert regarding that product.
                            (vii) A message that explains the option to 
                        register via the Internet, as required by 
                        paragraph (4).
                    (C) Placement.--Such form shall be attached to the 
                surface of each durable infant or toddler product so 
                that, as a practical matter, the consumer will notice 
                and handle the form after purchasing the product.
            (3) Text and format of registration forms.--In promulgating 
        regulations under paragraph (1), the Commission may prescribe 
        the exact text and format of such form.
            (4) Internet registration.--In promulgating regulations 
        under paragraph (1), the Commission shall require manufacturers 
        of durable infant or toddler products to provide a mechanism 
        for consumers to submit to the manufacturer via the Internet 
        electronic versions of the registration forms required by 
        paragraph (1)(A).
            (5) Record keeping and notification requirements.--
                    (A) In general.--The rules promulgated under 
                paragraph (1) shall require each manufacturer of a 
                durable infant or toddler product--
                            (i) to maintain a record of consumers who 
                        register for such product that includes all of 
                        the information provided by such consumers; and
                            (ii) to use such information to notify such 
                        consumers in the event of a voluntary or 
                        involuntary recall of, or safety alert 
                        regarding, such product.
                    (B) Period of maintenance.--Such rules shall 
                require such manufacturers of durable infant or toddler 
                products to maintain the records described in 
                subparagraph (A)(i) for a period of not less than 6 
                years after the date of manufacture of the product 
                concerned.
                    (C) Limitation on use of information collected.--
                The rules promulgated under paragraph (1) shall 
                prohibit manufacturers from using or disseminating to 
                any other party the information collected by the 
                manufacturer under this subsection for any purpose 
                other than notification to the consumer concerned in 
                the event of a product recall or safety alert regarding 
                the product concerned.
                    (D) Reservation.--Nothing in this section requires 
                a manufacturer to collect, retain, or use any 
                information unless it is provided by the consumer.
    (d) Report and Study.--Not later than 4 years after the date of 
enactment of this Act, the Commission shall--
            (1) conduct a study on the effectiveness of the rules 
        promulgated under subsection (c) in facilitating product 
        recalls; and
            (2) submit to Congress a report on the findings of the 
        Commission with respect to the study required by paragraph (1).
                                                       Calendar No. 523

110th CONGRESS

  1st Session

                                S. 2045

_______________________________________________________________________

                                 A BILL

  To reform the Consumer Product Safety Commission to provide greater 
    protection for children's products, to improve the screening of 
    noncompliant consumer products, to improve the effectiveness of 
       consumer product recall programs, and for other purposes.

_______________________________________________________________________

                            December 5, 2007

                       Reported with an amendment