[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2663 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 582
110th CONGRESS
  2d Session
                                S. 2663

  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

                           February 25, 2008

   Mr. Pryor (for himself, Mr. Stevens, Mr. Inouye, Ms. Collins, Mr. 
    Nelson of Florida, Ms. Klobuchar, Mr. Durbin, and Mr. Schumer) 
      introduced the following bill; which was read the first time

                           February 26, 2008

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``CPSC Reform Act''.
    (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. Prohibited acts.
Sec. 16. Penalties.
Sec. 17. Preemption.
Sec. 18. Sharing of information with Federal, State, local, and foreign 
                            government agencies.
Sec. 19. Financial responsibility.
Sec. 20. Enforcement by State attorneys general.
Sec. 21. Whistleblower protections.
Sec. 22. Ban on children's products containing lead; lead paint rule.
Sec. 23. Alternative measures of lead content.
Sec. 24. Study of preventable injuries and deaths of minority children 
                            related to certain consumer products.
Sec. 25. Cost-benefit analysis under the Poison Prevention Packaging 
                            Act of 1970.
Sec. 26. Inspector general reports.
Sec. 27. Public internet website links.
Sec. 28. Child-resistant portable gasoline containers.
Sec. 29. Toy safety standard.
Sec. 30. All-terrain vehicle safety standard.
Sec. 31. Garage door opener standard.
Sec. 32. Reducing deaths and injuries from carbon monoxide poisoning.
Sec. 33. Completion of cigarette lighter rulemaking.
Sec. 34. Consumer product registration forms.
Sec. 35. Repeal.
Sec. 36. Consumer Product Safety Commission presence at National 
                            Targeting Center of U.S. Customs and Border 
                            Protection.
Sec. 37. Development of risk assessment methodology to identify 
                            shipments of consumer products that are 
                            likely to contain consumer products in 
                            violation of safety standards.
Sec. 38. Seizure and destruction of imported products in violation of 
                            consumer product safety standards.
Sec. 39. Database of manufacturing facilities and suppliers involved in 
                            violations of consumer product safety 
                            standards.D23/

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) $88,500,000 for fiscal year 2009;
            ``(2) $96,800,000 for fiscal year 2010;
            ``(3) $106,480,000 for fiscal year 2011;
            ``(4) $117,128,000 for fiscal year 2012;
            ``(5) $128,841,000 for fiscal year 2013;
            ``(6) $141,725,000 for fiscal year 2014; and
            ``(7) $155,900,000 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.

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 ``30 days'' in subsection (b)(1) and 
        inserting ``15 days'';
            (3) by striking ``finds that the public'' in subsection 
        (b)(1) and inserting ``publishes a finding that the public'';
            (4) by striking ``notice and publishes such a finding in 
        the Federal Register),'' in subsection (b)(1) and inserting 
        ``notice),'';
            (5) by striking ``10 days'' in subsection (b)(2) and 
        inserting ``5 days'';
            (6) by striking ``finds that the public'' in subsection 
        (b)(2) and inserting ``publishes a finding that the public'';
            (7) by striking ``notice and publishes such a finding in 
        the Federal Register.'' in subsection (b)(2) and inserting 
        ``notice.'';
            (8) in subsection (b)--
                    (A) by striking ``(3)'' and inserting ``(3)(A)''; 
                and
                    (B) by adding at the end thereof the following:
    ``(B) If the Commission determines that the public health and 
safety requires expedited consideration of an action brought under 
subparagraph (A), the Commission may file a request with the District 
Court for such expedited consideration. If the Commission files such a 
request, the District Court shall--
            ``(i) assign the matter for hearing at the earliest 
        possible date;
            ``(ii) give precedence to the matter, to the greatest 
        extent practicable, over all other matters pending on the 
        docket of the court at the time;
            ``(iii) expedite consideration of the matter to the 
        greatest extent practicable; and
            ``(iv) grant or deny the requested injunction within 30 
        days after the date on which the Commission's request was filed 
        with the court.'';
            (9) by striking ``section 19 (related to prohibited 
        acts);'' in subsection (b)(4) and inserting ``any consumer 
        product safety rule or provision of this Act or similar rule or 
        provision of any other Act enforced by the Commission;'';
            (10) by striking ``or'' after the semicolon in subsection 
        (b)(5)(B);
            (11) by striking ``disclosure.'' in subsection (b)(5)(C) 
        and inserting ``disclosure; or'';
            (12) by inserting in subsection (b)(5) after subparagraph 
        (C) the following:
            ``(D) the Commission publishes a finding that the public 
        health and safety requires public disclosure with a lesser 
        period of notice than is required under paragraph (1).'';
            (13) in the matter following subparagraph (D) of subsection 
        (b)(5) (as added by paragraph (12) of this section), by 
        striking ``section 19(a),'' and inserting ``any consumer 
        product safety rule or provision under this Act or similar rule 
        or provision of any other Act enforced by the Commission,''; 
        and
            (14) by adding at the end of subsection (b) the following:
    ``(9) Publicly available database of reported deaths, injuries, 
illness, and risk of such incidents.--
            ``(A) In general.--Not later than 1 year after the date of 
        enactment of the CPSC Reform Act, the Commission shall 
        establish and maintain a publicly available searchable database 
        accessible on the Commission's web site. The database shall 
        include any reports of injuries, illness, death, or risk of 
        such injury, illness, or death related to the use of consumer 
        products received by the Commission from--
                    ``(i) consumers;
                    ``(ii) local, State, or Federal government 
                agencies;
                    ``(iii) health care professionals, including 
                physicians, hospitals, and coroners;
                    ``(iv) child service providers;
                    ``(v) public safety entities, including police and 
                fire fighters; and
                    ``(vi) other non-governmental sources, other than 
                information provided to the Commission by retailers, 
                manufacturers, or private labelers pursuant to a 
                voluntary or required submission under section 15 or 
                other mandatory or voluntary program.
            ``(B) Additional contents.--In addition to the reports 
        described in subparagraph (A), the Commission may include in 
        the database any additional information it determines to be in 
        the public interest.
            ``(C) Organization of database.--The Commission shall 
        categorize the information available on the database by date, 
        product, manufacturer, the model of the product, and any other 
        category the Commission determines to be in the public 
        interest.
            ``(D) Timing.--The Commission shall make such reports 
        available on the Commission website no later than 15 days after 
        the date on which they are received.
            ``(E) Removal of inaccurate or incorrect information.--If 
        the Commission determines, after investigation, that 
        information made available on the database is incorrect the 
        Commission shall promptly remove it from the database.
            ``(F) Manufacturer comments.--A manufacturer, private 
        labeler, or retailer shall be given an opportunity to comment 
        on any information involving a product manufactured by that 
        manufacturer, or distributed by that private labeler or 
        retailer, as the case may be. Any such comments may be included 
        in the database alongside the information involving such 
        product if requested by the manufacturer, private labeler, or 
        retailer.
            ``(G) Disclosure.--The Commission may not disclose the 
        names or addresses of consumers pursuant to its authority under 
        this subsection.
            ``(H) Application with other provisions.--Subsection (a) 
        and the preceding paragraphs of this subsection do not apply to 
        the public disclosure of information received by the Commission 
        under subparagraph (A) of this paragraph.''.

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'';
                    (D) by striking ``an advance notice of proposed 
                rulemaking under subsection (a) relating to the product 
                involved,'' in the third sentence of subsection (c) and 
                inserting ``the notice,''; and
                    (E) by striking ``Register.'' in the matter 
                following paragraph (4) of subsection (c) and inserting 
                ``Register. Nothing in this subsection shall preclude 
                any person from submitting an existing standard or 
                portion of a standard as a proposed consumer product 
                safety standard.''.
            (2) Conforming amendment.--Section 5(a)(3) (15 U.S.C. 
        2054(a)(3)) is amended by striking ``an advance notice of 
        proposed rulemaking or''.
    (b) Rulemaking Under Federal Hazardous Substances Act.--
            (1) In general.--Section 3(a) of the Federal Hazardous 
        Substances Act (15 U.S.C. 1262(a)) is amended to read as 
        follows:
    ``(a) Rulemaking.--
            ``(1) In general.--Whenever in the judgment of the 
        Commission such action will promote the objectives of this Act 
        by avoiding or resolving uncertainty as to its application, the 
        Commission may by regulation declare to be a hazardous 
        substance, for the purposes of this Act, any substance or 
        mixture of substances, which it finds meets the requirements of 
        section 2(f)(1)(A).
    ``(2) Procedure.--Proceedings for the issuance, amendment, or 
repeal of regulations under this subsection and the admissibility of 
the record of such proceedings in other proceedings, shall be governed 
by the provisions of subsections (f) through (i) of this section.''.
            (2) Procedure.--Section 2(q)(2) of the Federal Hazardous 
        Substances Act (15 U.S.C. 1261(q)(2)) is amended by striking 
        ``Proceedings for the issuance, amendment, or repeal of 
        regulations pursuant to clause (B) of subparagraph (1) of this 
        paragraph shall be governed by the provisions of sections 
        701(e), (f), and (g) of the Federal Food, Drug, and Cosmetic 
        Act: Provided, That if'' and inserting ``Proceedings for the 
        issuance, amendment, or repeal of regulations pursuant to 
        clause (B) of subparagraph (1) of this paragraph shall be 
        governed by the provisions of subsections (f) through (i) of 
        section 3 of this Act, except that if''.
            (3) ANPR requirement.--Section 3 of the Federal Hazardous 
        Substances Act (15 U.S.C. 1262) is amended--
                    (A) by striking ``shall be commenced'' in 
                subsection (f) and inserting ``may be commenced'';
                    (B) by striking ``in the notice'' in subsection 
                (g)(1) and inserting ``in a notice''; 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) Beginning 60 days after the date on which the Commission 
publishes notice of an interim procedure designated under subsection 
(d)(2) of this section, every manufacturer, or its designee, of a 
children's product (and the private labeler, or its designee, of such 
product if it bears a private label) manufactured or imported after 
such 60th day that is subject to a children's product safety standard 
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 meets that 
                standard; and
                    ``(ii) specify the applicable children's product 
                safety standard.'';
            (5) by striking ``Such certificate shall'' in paragraph (3) 
        as redesignated by paragraph (1) and inserting ``A certificate 
        required under this subsection shall''; and
            (6) 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) Testing programs.--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) 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 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, the Commission shall--
                    ``(A) consider existing laboratory testing 
                certification procedures established by independent 
                standard-setting organizations; and
                    ``(B) designate an existing procedure, or existing 
                procedures, 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) Whether the product is represented in its 
                packaging, display, promotion, or advertising as 
                appropriate for children 7 years of age or younger.
                    ``(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 Guidelines issued by 
                the Commission in September 2002 and any subsequent 
                version of such Guideline.
            ``(2) Children's product safety standard.--The term 
        `children's product safety standard' means a consumer product 
        safety rule or standard under this Act or any other Act 
        enforced by the Commission, or a rule or classification under 
        this Act or any other Act enforced by the Commission declaring 
        a consumer product to be a banned hazardous product or 
        substance.
            ``(3) 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 qualifies as capable of 
                        making 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 
                        (C), is a non-governmental entity that is not 
                        owned, managed, or controlled by the 
                        manufacturer or private labeler.
                    ``(B) Testing and certification of art materials 
                and products.--A certifying organization (as defined in 
                appendix A to section 1500.14(b)(8) of title 16, Code 
                of Federal Regulations) meets the requirements of 
                subparagraph (A)(ii) with respect to the certification 
                of art material and art products required under this 
                section or by regulations issued under the Federal 
                Hazardous Substances Act.
                    ``(C) Firewalled proprietary laboratories.--Upon 
                request, the Commission may certify a laboratory that 
                is owned, managed, or controlled 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.
                    ``(D) Provisional certification.--
                            ``(i) In general.--Upon application made to 
                        the Commission less than 1 year after the date 
                        of enactment of the CPSC Reform Act, the 
                        Commission may provide provisional 
                        certification of a laboratory described in 
                        subparagraph (C) of this paragraph, or a 
                        laboratory described in subparagraph (A) of 
                        this paragraph, upon a showing that the 
                        laboratory--
                                    ``(I) is certified under laboratory 
                                testing certification procedures 
                                established by an independent standard-
                                setting organization; or
                                    ``(II) provides consumer safety 
                                protection that is equal to or greater 
                                than that which would be provided by 
                                use of an independent third party 
                                laboratory.
                            ``(ii) Deadline.--The Commission shall 
                        grant or deny any such application within 45 
                        days after receiving the completed application.
                            ``(iii) Expiration.--Any such certification 
                        shall expire 90 days after the date on which 
                        the Commission publishes final rules under 
                        subsections (a)(2) and (d).
                            ``(iv) Anti-gap provision.--Within 45 days 
                        after receiving a complete application for 
                        certification under the final rule prescribed 
                        under subsections (a)(2) and (d) of this 
                        section from a laboratory provisionally 
                        certified under this subparagraph, the 
                        Commission shall grant or deny the application 
                        if the application is received by the 
                        Commission no later than 45 days after the date 
                        on which the Commission publishes such final 
                        rule.
                    ``(E) Decertification.--The Commission, or an 
                independent standard-setting organization to which the 
                Commission has delegated such authority, may decertify 
                a third party laboratory (including a laboratory 
                certified as a third party laboratory under 
                subparagraph (B) of this paragraph) if it finds, after 
                notice and investigation, that a manufacturer or 
                private labeler has exerted undue influence on the 
                laboratory.''.
    (d) Conforming Amendments.--Section 14(b) (15 U.S.C. 2063(b)) is 
amended--
            (1) by striking ``consumer products which are subject to 
        consumer product safety standards'' and inserting ``a consumer 
        product that is subject to a consumer product safety standard, 
        a children's product that is subject to a children's product 
        safety standard, or either such product that is subject to any 
        other rule under this Act (or a similar rule under any other 
        Act enforced by the Commission)''; and
            (2) by striking ``, at the option of the person required to 
        certify the product,'' and inserting ``be required by the 
        Commission to''.
    (e) Label and Certification.--Not later than 1 year after the date 
of 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).''.
    (g) CPSC Consideration of Existing Requirements.--In establishing 
standards for laboratories certified to perform testing under section 
14 of the Consumer Product Safety Act, as amended by this section, the 
Consumer Product Safety Commission may consider standards and protocols 
for certification of such laboratories by independent standard-setting 
organizations that are in effect on the date of enactment of this Act, 
but shall ensure that the final rule prescribed under subsections 
(a)(2) and (d) of that section incorporates, as the standard for 
certification, the most current scientific and technological standards 
and techniques available.

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. A 
                manufacturer, distributor, private labeler, or licensor 
                that uses a retailer to advertise a product shall 
                inform the retailer of any cautionary statement that 
                may apply to such products in any communication to the 
                retailer that contains information about the products 
                to be advertised. The requirement imposed by the 
                preceding sentence shall only apply to advertisements 
                by the retailer if the manufacturer, importer, 
                distributor, private labeler, or licensor affirmatively 
                informs the retailer that such cautionary statement is 
                required for the product.
                    ``(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) Effective 1 year after the date of enactment of the 
        CPSC Reform Act, 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 manufacturer, production time period, and cohort 
        (including the batch, run number, or other identifying 
        characteristic) of production of the product by reference to 
        those marks.''.
    (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 applicable requirements of that 
standard.''.

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 to the extent that the information is known, or can 
        be determined, by the importer, retailer, or distributor; and
            ``(2) every manufacturer shall identify by name, address, 
        or such other identifying information as the officer or 
        employee may request--
                    ``(A) each retailer or distributor to which it 
                directly supplied a given consumer product (or other 
                product or substance over which the Commission has 
                jurisdiction under this or any other Act);
                    ``(B) each subcontractor involved in the production 
                or fabrication of such product or substance; and
                    ``(C) each subcontractor from which it obtained a 
                component thereof.''.

SEC. 15. 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)(1) Notwithstanding any other provision of law, except as 
provided in paragraph (2), 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--
            ``(A) is not in conformity with an applicable consumer 
        product safety standard under the Consumer Product Safety Act 
        or with a rule under this Act;
            ``(B) 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
            ``(C) 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.
    ``(2) The Commmission may permit the exportation of a fabric, 
related material, or product described in paragraph (1) if it meets 
applicable safety standards of the country to which it is being 
exported.''.
    (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 
        registered safety certification mark owned by an accredited 
        conformity assessment body, which mark is known, or should have 
        been known, by such person to be used in a manner unauthorized 
        by the owner of that certification mark.''.
    (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. 16. 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 ``$20,000,000''; and
                    (C) by striking ``December 1, 1994,'' in paragraph 
                (3)(B) and inserting ``December 1, 2011,''.
            (2) Federal hazardous substances act.--Section 5(c) 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 ``$20,000,000''; 
                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 ``$20,000,000''; and
                    (C) by striking ``December 1, 1994,'' in paragraph 
                (5)(B) and inserting ``December 1, 2011,''.
            (4) Maximum penalty for certain violations.--Section 
        20(a)(1) (15 U.S.C. 2069(a)), section 5(c)(1) of the Federal 
        Hazardous Substances Act (15 U.S.C. 1264(c)), and section 
        5(e)(1) of the Flammable Fabrics Act (15 U.S.C. 1194(e)) are 
        each amended by inserting ``The Commission shall impose civil 
        penalties exceeding $10,000,000 under this paragraph only when 
        issuing a finding of aggravated circumstances.'' after 
        ``violations.''.
    (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 5 years for a knowing 
        and willful violation of that section;
            ``(2) a fine determined under section 3571 of title 18, 
        United States Code; or
            ``(3) both.''.
            (2) Directors, officers, and agents.--Section 21(b) (15 
        U.S.C. 2070(b)) is amended by striking ``19, and who has 
        knowledge of notice of noncompliance received by the 
        corporation from the Commission,'' and inserting ``19''.
            (3) Under the federal hazardous substances act.--Section 
        5(a) of the Federal Hazardous Substances Act (15 U.S.C. 
        1264(a)) is amended by striking ``one year, or a fine of not 
        more than $3,000, or both such imprisonment and fine.'' and 
        inserting ``5 years, a fine determined under section 3571 of 
        title 18, United States Code, or both.''.
            (4) Under the Flammable Fabrics Act.--Section 7 of the 
        Flammable Fabrics Act (15 U.S.C. 1196) is amended to read as 
        follows:

                              ``penalties

    ``Sec. 7. Violation of section 3 or 8(b) of this Act, or failure to 
comply with section 15(c) of this Act, is punishable by--
            ``(1) imprisonment for not more than 5 years for a knowing 
        and willful violation of that section;
            ``(2) a fine determined under section 3571 of title 18, 
        United States Code; or
            ``(3) both.''.
    (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 or any other Act enforced by the Commission for 
which the violator is sentenced to pay a fine, be imprisoned, or 
both.''.

SEC. 17. 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.

SEC. 18. 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. 19. FINANCIAL RESPONSIBILITY.

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

                       ``financial responsibility

    ``Sec. 39. (a) The Commission, in a rulemaking proceeding, may 
establish procedures to require the posting of an escrow, proof of 
insurance, or 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 escrow, proof of insurance, or 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) to cover the costs of holding the product 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. Financial responsibility.''.

SEC. 20. 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), whenever the 
attorney general of a State has reason to believe that the interests of 
the residents of that State have been, or are being, threatened or 
adversely affected by a violation of any consumer product safety rule, 
regulation, standard, certification or labeling requirement, or order 
prescribed under this Act or any other Act enforced by the Commission 
(including the sale of a voluntarily or mandatorily recalled product or 
of a banned hazardous substance or product), the State, as parens 
patriae, may bring a civil action on behalf of its residents in an 
appropriate district court of the United States to obtain injunctive 
relief provided under such 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, 
or other authorized State officer, by the laws of such State. Nothing 
in this section shall prohibit the attorney general of a State, or 
other authorized State officer, from proceeding in State or Federal 
court on the basis of an alleged violation of any civil or criminal 
statute of that State.
    ``(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. 21. WHISTLEBLOWER PROTECTIONS.

    (a) In General.--The Act (15 U.S.C. 2051 et seq.), as amended by 
section 19, 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 of, or any act or omission the 
        employee reasonably believes to be a violation of an order, 
        regulation, rule, or other provision of this Act or any other 
        Act enforced by the Commission;
            ``(2) testified or is about to testify in a proceeding 
        concerning such violation;
            ``(3) assisted or participated or is about to assist or 
        participate in such a proceeding; or
            ``(4) objected to, or refused to participate in, any 
        activity, policy, practice, or assigned task that the employee 
        (or other such person) reasonably believed to be in violation 
        of an order, regulation, rule, or other provision of this Act 
        or any other Act enforced by the Commission.
    ``(b)(1) A person who believes that he or she has been discharged 
or otherwise discriminated against by any person in violation of 
subsection (a) may, not later than 180 days after the date on which 
such violation occurs, file (or have any person file on his or her 
behalf) a complaint with the Secretary of Labor alleging such discharge 
or discrimination and identifying the person responsible for such act. 
Upon receipt of such a complaint, the Secretary shall notify, in 
writing, the person named in the complaint of the filing of the 
complaint, of the allegations contained in the complaint, of the 
substance of evidence supporting the complaint, and of the 
opportunities that will be afforded to such person under paragraph (2).
    ``(2)(A) Not later than 60 days after the date of receipt of a 
complaint filed under paragraph (1) and after affording the complainant 
and the person named in the complaint an opportunity to submit to the 
Secretary a written response to the complaint and an opportunity to 
meet with a representative of the Secretary to present statements from 
witnesses, the Secretary shall initiate an investigation and determine 
whether there is reasonable cause to believe that the complaint has 
merit and notify, in writing, the complainant and the person alleged to 
have committed a violation of subsection (a) of the Secretary's 
findings. If the Secretary concludes that there is reasonable cause to 
believe that a violation of subsection (a) has occurred, the Secretary 
shall accompany the Secretary's findings with a preliminary order 
providing the relief prescribed by paragraph (3)(B). Not later than 30 
days after the date of notification of findings under this paragraph, 
either the person alleged to have committed the violation or the 
complainant may file objections to the findings or preliminary order, 
or both, and request a hearing on the record. The filing of such 
objections shall not operate to stay any reinstatement remedy contained 
in the preliminary order. Any such hearing shall be conducted 
expeditiously. If a hearing is not requested in such 30-day period, the 
preliminary order shall be deemed a final order that is not subject to 
judicial review.
    ``(B)(i) The Secretary shall dismiss a complaint filed under this 
subsection and shall not conduct an investigation otherwise required 
under subparagraph (A) unless the complainant makes a prima facie 
showing that any behavior described in paragraphs (1) through (4) of 
subsection (a) was a contributing factor in the unfavorable personnel 
action alleged in the complaint.
    ``(ii) Notwithstanding a finding by the Secretary that the 
complainant has made the showing required under clause (i), no 
investigation otherwise required under subparagraph (A) shall be 
conducted if the employer demonstrates, by clear and convincing 
evidence, that the employer would have taken the same unfavorable 
personnel action in the absence of that behavior.
    ``(iii) The Secretary may determine that a violation of subsection 
(a) has occurred only if the complainant demonstrates that any behavior 
described in paragraphs (1) through (4) of subsection (a) was a 
contributing factor in the unfavorable personnel action alleged in the 
complaint.
    ``(iv) Relief may not be ordered under subparagraph (A) if the 
employer demonstrates by clear and convincing evidence that the 
employer would have taken the same unfavorable personnel action in the 
absence of that behavior.
    ``(3)(A) Not later than 120 days after the date of conclusion of 
any hearing under paragraph (2), the Secretary shall issue a final 
order providing the relief prescribed by this paragraph or denying the 
complaint. At any time before issuance of a final order, a proceeding 
under this subsection may be terminated on the basis of a settlement 
agreement entered into by the Secretary, the complainant, and the 
person alleged to have committed the violation.
    ``(B) If, in response to a complaint filed under paragraph (1), the 
Secretary determines that a violation of subsection (a) has occurred, 
the Secretary shall order the person who committed such violation--
            ``(i) to take affirmative action to abate the violation;
            ``(ii) to reinstate the complainant to his or her former 
        position together with compensation (including back pay) and 
        restore the terms, conditions, and privileges associated with 
        his or her employment; and
            ``(iii) to provide compensatory damages to the complainant.
If such an order is issued under this paragraph, the Secretary, at the 
request of the complainant, shall assess against the person against 
whom the order is issued a sum equal to the aggregate amount of all 
costs and expenses (including attorneys' and expert witness fees) 
reasonably incurred, as determined by the Secretary, by the complainant 
for, or in connection with, the bringing of the complaint upon which 
the order was issued.
    ``(C) If the Secretary finds that a complaint under paragraph (1) 
is frivolous or has been brought in bad faith, the Secretary may award 
to the prevailing employer a reasonable attorneys' fee, not exceeding 
$1,000, to be paid by the complainant.
    ``(4) If the Secretary has not issued a final decision within 210 
days after the filing of the complaint, or within 90 days after 
receiving a written determination, the complainant may bring an action 
at law or equity for 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.
    ``(c) Any nondiscretionary duty imposed by this section shall be 
enforceable in a mandamus proceeding brought under section 1361 of 
title 28, United States Code.
    ``(d) Subsection (a) shall not apply with respect to an employee of 
a manufacturer, private labeler, distributor, or retailer who, acting 
without direction from such manufacturer, private labeler, distributor, 
or retailer (or such person's agent), deliberately causes a violation 
of any requirement relating to any violation or alleged violation of 
any order, regulation, or consumer product safety standard under this 
Act or any other law enforced by the Commission.''.
    (b) Conforming Amendment.--The table of contents, as amended by 
section 19 of this Act, is further amended by inserting after the item 
relating to section 39 the following:

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

SEC. 22. BAN ON CHILDREN'S PRODUCTS CONTAINING LEAD; LEAD PAINT RULE.

    (a) In General.--Beginning on the date that is 1 year after the 
date of enactment of this Act, 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.).
    (b) Trace Amounts of Lead.--
            (1) Initial standard.--For purposes of subsection (a), a 
        children's product shall be considered to contain lead if any 
        part of the product contains lead or lead compounds and the 
        lead content of such part (calculated as lead metal) is greater 
        than 0.03 percent by weight of the total weight of such part 
        (or such lesser amount as may be established by the Commission 
        by regulation).
            (2) Reduced threshold.--
                    (A) In general.--Beginning on the date that is 3 
                years after the date of enactment of this Act, 
                paragraph (1) shall be applied by substituting ``0.01 
                percent'' for ``0.03 percent'' unless the Consumer 
                Product Safety Commission determines that a standard of 
                0.01 percent is not technologically feasible. The 
                Commission may make such a determination only after 
                notice and a hearing and after analyzing the public 
                health protections associated with substantially 
                reducing lead in children's products.
                    (B) Alternative reduction.--If the Commission 
                determines under subparagraph (A) that the 0.01 percent 
                standard is not technologically feasible, the 
                Commission shall, by regulation, establish a lesser 
                amount that is the lowest amount of lead, lower than 
                0.03 percent by weight, the Commission determines to be 
                technologically feasible to achieve. The amount of lead 
                established by the Commission under the preceding 
                sentence shall be substituted for the 0.03 percent 
                standard under paragraph (1) beginning on the date that 
                is 3 years after the date of enactment of this Act.
    (c) Exceptions.--
            (1) Inaccessible components.--After notice and a hearing, 
        the Commission may determine that subsection (a) does not apply 
        to a component of a children's product that is not accessible 
        to a child because it is not physically exposed by reason of a 
        sealed covering or casing and will not become physically 
        exposed through normal and reasonably foreseeable use and abuse 
        of the product. In making its determination under this 
        paragraph, the Commission may not consider paint, coatings, or 
        electroplating to be a barrier that would render lead in the 
        substrate inaccessible to a child through normal and reasonably 
        foreseeable use and abuse of the product.
            (2) 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.--Notwithstanding the provisions of subsection (b), 
the Commission may by regulation establish such lower thresholds for 
lead content in children's products than those set forth in subsection 
(b) as the Commission finds to be technologically feasible.
    (e) Paint Standard for All Products.--Effective on the date that is 
1 year 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.
    (f) Application with ASTM F963.--To the extent that any standard or 
rule promulgated by the Consumer Product Safety Commission under this 
section (or any section of the Consumer Product Safety Act or any other 
Act enforced by the Commission, as such Acts are affected by this 
section) is inconsistent with the ASTM F963 standard, such promulgated 
standard or rule shall supersede the ASTM F963 standard to the extent 
of the inconsistency.

SEC. 23. 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. 24. 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 Government Accountability Office 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 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 2009.

SEC. 25. 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. 26. 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. 27. 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. 28. 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. 29. 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 60 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. 30. ALL-TERRAIN VEHICLE SAFETY STANDARD.

    (a) In General.--The Act (15 U.S.C. 2051 et seq.), as amended by 
section 21 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 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 the date of enactment 
                of the CPSC Reform Act, or subsequently filed with and 
                approved by the Commission, and bears a label 
                certifying such compliance and identifying the 
                manufacturer, importer or private labeler and the ATV 
                action plan to which it is subject; and
                    ``(C) the manufacturer or distributor is in 
                compliance with all provisions of the applicable ATV 
                action plan.
            ``(3) Violation.--The failure to comply with any 
        requirement of paragraph (2) shall be deemed to be a failure to 
        comply with a consumer product safety 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 traveling 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 21 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 of enactment of this Act.

SEC. 31. 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 and 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. 32. 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. 33. 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. 34. CONSUMER PRODUCT REGISTRATION FORMS.

    (a) 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.
    (b) 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 (a) 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).
    (c) 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.

SEC. 35. REPEAL.

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

SEC. 36. CONSUMER PRODUCT SAFETY COMMISSION PRESENCE AT NATIONAL 
              TARGETING CENTER OF U.S. CUSTOMS AND BORDER PROTECTION.

    (a) In General.--Except as provided in subsection (c), not later 
than 6 months after the date of the enactment of this Act, the Consumer 
Product Safety Commission shall enter into a memorandum of 
understanding with the Secretary of Homeland Security for the 
assignment by the Commission of not less than 1 full-time equivalent 
personnel to work at the National Targeting Center of U.S. Customs and 
Border Protection.
    (b) Responsibilities.--Any personnel assigned under subsection (a) 
shall, in cooperation with other personnel working at the National 
Targeting Center, identify products, before such products are imported 
into the customs territory of the United States, that--
            (1) are intended for importation into such customs 
        territory; and
            (2) pose a high risk to consumer safety.
    (c) Waiver.--The Consumer Product Safety Commission may waive the 
requirement of subsection (a) if the Commission determines that an 
assignment under subsection (a) would not improve the effectiveness of 
the Commission in identifying products described in subsection (b) 
before such products are imported into the customs territory of the 
United States.

SEC. 37. DEVELOPMENT OF RISK ASSESSMENT METHODOLOGY TO IDENTIFY 
              SHIPMENTS OF CONSUMER PRODUCTS THAT ARE LIKELY TO CONTAIN 
              CONSUMER PRODUCTS IN VIOLATION OF SAFETY STANDARDS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Consumer Product Safety Commission shall 
develop a risk assessment methodology for identification of shipments 
of consumer products that are--
            (1) intended for import into the customs territory of the 
        United States; and
            (2) are likely to include consumer products that would be 
        refused admission into such customs territory under section 
        17(a) of the Consumer Product Safety Act (15 U.S.C. 2066(a)).
    (b) Use of International Trade Data System.--The methodology 
developed under subsection (a) shall, as far as practicable, use the 
International Trade Data System (ITDS) established under section 411(d) 
of the Tariff Act of 1930 (19 U.S.C. 1411) to evaluate and assess 
information about shipments of consumer products intended for import 
into the customs territory of the United States before such shipments 
enter such customs territory.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 38. SEIZURE AND DESTRUCTION OF IMPORTED PRODUCTS IN VIOLATION OF 
              CONSUMER PRODUCT SAFETY STANDARDS.

    (a) List of Product Defects That Constitute a Substantial Product 
Hazard.--
            (1) In general.--Not later than 6 months after the date of 
        the enactment of this Act, the Consumer Product Safety 
        Commission shall publish a list of product defects that 
        constitute a substantial product hazard (as defined in section 
        15 of the Consumer Product Safety Act (15 U.S.C. 2064)).
            (2) Updates.--The Consumer Product Safety Commission shall, 
        as the Commission considers appropriate--
                    (A) update the list required by paragraph (1); and
                    (B) provide a copy of the updated list to the 
                Secretary of Homeland Security.
    (b) Destruction of Noncompliant Imported Products.--Section 17(e) 
(15 U.S.C. 2066(e)) is amended to read as follows:
    ``(e) Product Destruction.--The Secretary of Homeland Security 
shall ensure the destruction of any product refused admission into the 
customs territory of the United States under this section unless such 
product is exported, under regulations prescribed by the Secretary or 
the Commission, as appropriate, within 90 days of the date of notice of 
such refusal or within such additional time as may be permitted 
pursuant to such regulations.''.
    (c) Inspection and Recordkeeping Requirements as Conditions on 
Importation.--Section 17(g) (15 U.S.C. 2066(g)) is amended by striking 
``Commission may'' and inserting ``Commission shall''.
    (d) Provision of Information to Cooperating Agencies.--Section 
17(h)(2) (15 U.S.C. 2066(h)(2)) is amended by striking ``Commission 
may'' and inserting ``Commission shall''.
    (e) Construction.--Section 17 (15 U.S.C. 2066) is amended by adding 
at the end the following:
    ``(i) Construction.--Nothing in this section shall be construed to 
prevent the Secretary of Homeland Security from prohibiting entry or 
directing the destruction or export of a consumer product under any 
other provision of law.''.
    (f) Conforming Amendments.--Such section 17 is further amended--
            (1) in subsection (a), by striking ``Any consumer'' and 
        inserting ``Refusal of Admission.--Any consumer'';
            (2) in subsection (b), by striking ``The'' in the first 
        sentence and inserting ``Samples.--The'';
            (3) in subsection (c), by striking ``If'' and inserting 
        ``Modification.--If'';
            (4) in subsection (d), by striking ``All actions'' in the 
        first sentence and inserting ``Supervision of Modifications.--
        All actions'';
            (5) in subsection (f), by striking ``All expenses'' in the 
        first sentence and inserting ``Payment of Expenses Occasioned 
        by Refusal of Admission.--All expenses'';
            (6) in subsection (g), by striking ``The Commission'' and 
        inserting ``Importation Conditioned Upon Manufacturer's 
        Compliance.--The Commission'';
            (7) in subsection (h), by striking ``(h)(1) The 
        Commission'' and inserting ``(h) Product Surveillance 
        Program.--(1) The Commission''.
    (g) Technical Amendments.--Such section 17 is further amended--
            (1) by striking ``Secretary of the Treasury'' each place it 
        occurs and inserting ``Secretary of Homeland Security''; and
            (2) by striking ``Department of the Treasury'' each place 
        it occurs and inserting ``Department of Homeland Security''.

SEC. 39. DATABASE OF MANUFACTURING FACILITIES AND SUPPLIERS INVOLVED IN 
              VIOLATIONS OF CONSUMER PRODUCT SAFETY STANDARDS.

    (a) Documentation of Acts and Omissions.--If the Consumer Product 
Safety Commission discovers evidence that a violation of a consumer 
product safety rule was the result of an act or omission by a 
manufacturing facility or supplier, the Commission shall document the 
following:
            (1) The date on which the violation occurred.
            (2) A description of the violation and the circumstances 
        that led to the violation.
            (3) Details of the act or omission and the relation of such 
        act or omission to the violation.
            (4) Identifying information about the manufacturing 
        facility or supplier, including the name and address of such 
        manufacturing facility or supplier.
    (b) Database.--The Consumer Product Safety Commission shall 
establish and maintain a database that contains the following:
            (1) All of the information documented under subsection (a).
            (2) Any information submitted under subsection (d).
    (c) Notice.--The Commission shall take reasonable steps to provide 
notice to each manufacturing facility or supplier documented in the 
database required by subsection (b) of the inclusion of such 
manufacturing facility or supplier in such database and the reasons for 
such inclusion.
    (d) Comments.--The Commission shall establish a process by which a 
manufacturing facility or supplier included in the database required by 
subsection (b) for an act or omission described in subsection (a) may 
submit information to the Commission for inclusion in the database. 
Such information may consist of--
            (1) evidence refuting evidence contained in the database 
        that a violation described in subsection (a) was the result of 
        an act or omission by such manufacturing facility or supplier; 
        and
            (2) evidence of remedial measures taken by such 
        manufacturing facility or supplier to correct such act or 
        omission.
Information submitted under this subsection shall be treated the same 
as information in the database for purposes of subsections (g) and (h).
    (e) Availability of Database to U.S. Customs and Border 
Protection.--The Consumer Product Safety Commission shall make the 
database established under subsection (b) available on a real-time 
basis to the Commissioner responsible for the U.S. Customs and Border 
Protection of the Department of Homeland Security.
    (f) Use of Database by U.S. Customs and Border Protection.--The 
Commissioner responsible for the U.S. Customs and Border Protection of 
the Department of Homeland Security shall use the information stored in 
the database required by subsection (b) in determining--
            (1) whether a container being imported into the United 
        States contains consumer products that are in violation of a 
        consumer product safety standard of the Commission; and
            (2) whether action should be taken with respect to any 
        consumer products in such container under section 17 of the 
        Consumer Product Safety Act (15 U.S.C. 2066).
    (g) Limitation on Disclosure of Information in Database.--
            (1) In general.--The Consumer Product Safety Commission and 
        the Commissioner responsible for the U.S. Customs and Border 
        Protection of the Department of Homeland Security shall not 
        disclose any information contained in or provide access to the 
        database required by subsection (b) to any person except as 
        provided in paragraph (2), provided that this limitation does 
        not apply to the disclosure of information that was collected, 
        received, or maintained by the Commission for purpose other 
        than inclusion in the database.
            (2) Exception for law enforcement and national security.--
        The Consumer Product Safety Commission and the Commissioner 
        responsible for the U.S. Customs and Border Protection of the 
        Department of Homeland Security may disclose information 
        contained in and provide access to the database required by 
        subsection (b) to a law enforcement agency or an intelligence 
        agency of the United States if the Commission or the 
        Commissioner determine that such disclosure is necessary--
                    (A) to prevent a crime; or
                    (B) to detect, prevent, or respond to a threat to 
                national security.
            (3) Exemption from freedom of information act disclosure 
        requirements.--The database required by subsection (b) shall 
        not be subject to the disclosure requirements of section 552 or 
        552A of title 5, United States Code.
    (h) Limitation on Use of Information in Database for Certain Civil 
or Criminal Penalties.--
            (1) Prohibition on imposition by consumer product safety 
        commission of penalties solely on basis of database.--The 
        Consumer Product Safety Commission may not impose any penalty 
        under section 20 or 21 of the Consumer Product Safety Act (15 
        U.S.C. 2069, 2070) on any person solely on the inclusion of 
        information on a person in the database required by subsection 
        (b).
            (2) Prohibition on imposition by u.s. customs and border 
        protection of penalties solely on basis of database.--
        Notwithstanding any other provision of law, the Commissioner 
        responsible for the U.S. Customs and Border Protection of the 
        Department of Homeland Security may not impose any civil or 
        criminal penalty on any person solely on the inclusion of 
        information on a person in the database required by subsection 
        (b).
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this 
section.D23/
                                                       Calendar No. 582

110th CONGRESS

  2d Session

                                S. 2663

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           February 26, 2008

            Read the second time and placed on the calendar