Congressional Record, Volume 153 Issue 195 (Wednesday, December 19, 2007)

[Congressional Record Volume 153, Number 195 (Wednesday, December 19, 2007)]
[House]
[Pages H16874-H16887]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

CONSUMER PRODUCT SAFETY MODERNIZATION ACT

Mr. RUSH. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 4040) to establish consumer product safety standards and
other safety requirements for children's products and to reauthorize
and modernize the Consumer Product Safety Commission, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 4040

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

TITLE I--CHILDREN'S PRODUCT SAFETY

Sec. 101. Ban on children's products containing lead; lead paint rule.
Sec. 102. Mandatory third-party testing for certain children's
products.
Sec. 103. Tracking labels for children's products.
Sec. 104. Standards and consumer registration of durable nursery
products.
Sec. 105. Labeling requirement for certain internet and catalogue
advertising of toys and games.
Sec. 106. Study of preventable injuries and deaths in minority children
related to consumer products.
Sec. 107. Review of generally-applicable standards for toys.

TITLE II--CONSUMER PRODUCT SAFETY COMMISSION REFORM

Sec. 201. Reauthorization of the Commission.
Sec. 202. Structure and quorum.
Sec. 203. Submission of copy of certain documents to Congress.
Sec. 204. Expedited rulemaking.
Sec. 205. Public disclosure of information.
Sec. 206. Publicly available information on incidents involving injury
or death.
Sec. 207. Prohibition on stockpiling under other Commission-enforced
statutes.
Sec. 208. Notification of noncompliance with any Commission-enforced
statute.
Sec. 209. Enhanced recall authority and corrective action plans.
Sec. 210. Website notice, notice to third party internet sellers, and
radio and television notice.
Sec. 211. Inspection of certified proprietary laboratories.
Sec. 212. Identification of manufacturer, importers, retailers, and
distributors.
Sec. 213. Export of recalled and non-conforming products.
Sec. 214. Prohibition on sale of recalled products.
Sec. 215. Increased civil penalty.
Sec. 216. Criminal penalties to include asset forfeiture.
Sec. 217. Enforcement by State attorneys general.
Sec. 218. Effect of rules on preemption.
Sec. 219. Sharing of information with Federal, State, local, and
foreign government agencies.
Sec. 220. Inspector General authority and accessibility.
Sec. 221. Repeal.
Sec. 222. Industry-sponsored travel ban.
Sec. 223. Annual reporting requirement.
Sec. 224. Study on the effectiveness of authority relating to imported
products.

SEC. 2. REFERENCES.

(a) Commission.--As used in this Act, the term
``Commission'' means the Consumer Product Safety Commission.
(b) Consumer Product Safety Act.--Except as otherwise
expressly provided, whenever in this Act an amendment is
expressed as an amendment to a section or other provision,
the reference shall be considered to be made to a section or
other provision of the Consumer Product Safety Act (15 U.S.C.
2051 et seq.).
(c) Rule.--In this Act and the amendments made by this Act,
a reference to any rule under any Act enforced by the
Commission shall be considered a reference to any rule,
standard, ban, or order under any such Act.

SEC. 3. AUTHORITY TO ISSUE IMPLEMENTING REGULATIONS.

The Commission may issue regulations, as necessary, to
implement this Act and the amendments made by this Act.

TITLE I--CHILDREN'S PRODUCT SAFETY

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

(a) Children's Products Containing Lead.--
(1) Banned hazardous substance.--Effective 180 days after
the date of enactment of this Act, any children's product
containing more than the amounts of lead set forth in
paragraph (2) shall be a banned hazardous substance within
the meaning of section 2(q)(1) of the Federal Hazardous
Substances Act (15 U.S.C. 1261(q)(1)).
(2) Standard for amount of lead.--The amounts of lead
referred to in paragraph (1) shall be--
(A) 600 parts per million total lead content by weight for
any part of the product;
(B) 300 parts per million total lead content by weight for
any part of the product, effective 2 years after the date of
enactment of this Act; and
(C) 100 parts per million total lead content by weight for
any part of the product, effective 4 years after the date of
enactment of this Act, unless the Commission determines,
after notice and a hearing, that a standard of 100 parts per
million is not feasible, in which case the Commission shall
require the lowest amount of lead that the Commission
determines is feasible to achieve.

[[Page H16875]]

(3) Commission revision to more protective standard.--
(A) More protective standard.--The Commission may, by rule,
revise the standard set forth in paragraph (2)(C) for any
class of children's products to any level and form that the
Commission determines is--
(i) more protective of human health; and
(ii) feasible to achieve.
(B) Periodic review.--The Commission shall, based on the
best available scientific and technical information,
periodically review and revise the standard set forth in this
section to require the lowest amount of lead that the
Commission determines is feasible to achieve.
(4) Commission authority to exclude certain materials.--The
Commission may, by rule, exclude certain products and
materials from the prohibition in paragraph (1) if the
Commission determines that the lead content in such products
and materials will not result in the absorption of lead in
the human body or does not have any adverse impact on public
health or safety.
(5) Definition of children's product.--
(A) In general.--As used in this subsection, the term
``children's product'' means a consumer product as defined in
section 3(1) of the Consumer Product Safety Act (15 U.S.C.
2052(1)) designed or intended primarily for children 12 years
of age or younger.
(B) Factors to be considered.--In determining whether a
product is primarily intended for a child 12 years of age or
younger, the following factors shall be considered:
(i) A statement by a manufacturer about the intended use of
such product, including a label on such product if such
statement is reasonable.
(ii) Whether the product is represented in its packaging,
display or advertising as appropriate for use by children 12
years of age or younger.
(iii) Whether the product is commonly recognized by
consumers as being intended for use by child 12 years of age
or younger.
(iv) The Age Determination Guidelines issued by the
Commission staff in September 2002, and any successor
thereto.
(6) Exception for inaccessible component parts.--The
standards established under paragraph (2) shall not apply to
any component part of a children's product that is not
accessible to a child through normal and reasonably
foreseeable use and abuse of such product, as determined by
the Commission. A component part is not accessible under this
paragraph if such component part is not physically exposed by
reason of a sealed covering or casing and does not become
physically exposed through reasonably foreseeable use and
abuse of the product. The Commission may require that certain
electronic devices be equipped with a child-resistant cover
or casing that prevents exposure of and accessibility to the
parts of the product containing lead if the Commission
determines that it is not feasible for such products to
otherwise meet such standards.
(b) Paint Standard.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission shall modify section
1303.1 of title 16, Code of Federal Regulations, to--
(A) reduce the standard applicable to lead paint by
substituting ``0.009 percent'' for ``0.06 percent'' in
subsection (a) of that section;
(B) apply the standard to all children's products as
defined in subsection (a)(5); and
(C) reduce the standard for paint and other surface coating
on children's products and furniture to 0.009 milligrams per
centimeter squared.
(2) More protective standard.--Not later than 3 years after
the date of enactment of this Act, the Commission shall, by
rule, revise the standard established under paragraph (1)(C)
to a more protective standard if the Commission determines
such a standard to be feasible.
(c) Authority to Extend Implementation Periods.--The
Commission may extend, by rule, the effective dates in
subsections (a) and (b) by an additional period not to exceed
180 days if the Commission determines that--
(1) there is no impact on public health or safety from
extending the implementation period; and
(2)(A) the complete implementation of the new standards by
manufacturers subject to such standards is not feasible
within 180 days;
(B) the cost of such implementation, particularly on small
and medium sized enterprises, is excessive; or
(C) the Commission requires additional time to implement
such standards and determine the required testing
methodologies and appropriate exceptions in order to enforce
such standards.

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

(a) Mandatory and Third-Party Testing.--Section 14(a) (15
U.S.C. 2063(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``Every manufacturer'' and inserting
``Except as provided in paragraph (2), every manufacturer'';
and
(B) by striking ``standard under this Act'' and inserting
``rule under this Act or similar rule under any other Act
enforced by the Commission'';
(2) by redesignating paragraph (2) as paragraph (3) and
inserting after paragraph (1) the following:
``(2) Effective 1 year after the date of enactment of the
Consumer Product Safety Modernization Act, every manufacturer
of a children's product (and the private labeler of such
children's product if such product bears a private label)
which is subject to a consumer product safety rule under this
Act or a similar rule or standard under any other Act
enforced by the Commission, shall--
``(A) have the product tested by a independent third party
qualified to perform such tests or a proprietary laboratory
certified by the Commission under subsection (e) ; and
``(B) issue a certificate which shall--
``(i) certify that such product conforms to such standards
or rules; and
``(ii) specify the applicable consumer product safety
standards or other similar rules.''; and
(3) in paragraph (3) (as so redesignated)--
(A) by striking ``required by paragraph (1) of this
subsection'' and inserting ``required by paragraph (1) or (2)
(as the case may be)''; and
(B) by striking ``requirement under paragraph (1)'' and
inserting ``requirement under paragraph (1) or (2) (as the
case may be)''.
(b) Definition of Children's Products and Independent Third
Party.--Section 14 (15 U.S.C. 2063) is amended by adding at
the end the following:
``(d) Definitions.--In this section, the following
definitions apply:
``(1) The term `children's product' means a consumer
product designed or intended primarily for children 12 years
of age or younger. In determining whether a product is
primarily intended for a child 12 years of age or younger,
the following factors shall be considered:
``(A) A statement by a manufacturer about the intended use
of such product, including a label on such product if such
statement is reasonable.
``(B) Whether the product is represented in its packaging,
display or advertising as appropriate for use by children 12
years of age or younger.
``(C) Whether the product is commonly recognized by
consumers as being intended for use by child 12 years of age
or younger.
``(D) The Age Determination Guidelines issued by the
Commission staff in September 2002, and any successor
thereto.
``(2) The term `independent third party', means an
independent testing entity that is not owned, managed,
controlled, or directed by such manufacturer or private
labeler, and that is accredited in accordance with an
accreditation process established or recognized by the
Commission. In the case of certification of art material or
art material products required under this section or under
regulations issued under the Federal Hazardous Substances
Act, such term includes a certifying organization, as such
term is defined in appendix A to section 1500.14(b)(8) of
title 16, Code of Federal Regulations.''.
(c) Certification of Proprietary Laboratories.--Section 14
(15 U.S.C. 2063) is further amended by adding at the end the
following:
``(e) Certification of Proprietary Laboratories for
Mandatory Testing.--
``(1) Certification.--Upon request, the Commission, or an
independent standard-setting organization to which the
Commission has delegated such authority, may certify a
laboratory that is owned, managed, controlled, or directed by
the manufacturer or private labeler for purposes of testing
required under this section if the Commission determines
that--
``(A) certification of the laboratory would provide equal
or greater consumer safety protection than the manufacturer's
use of an independent third party laboratory;
``(B) the laboratory has established procedures to ensure
that the laboratory is protected from undue influence,
including pressure to modify or hide test results, by the
manufacturer or private labeler; and
``(C) the laboratory has established procedures for
confidential reporting of allegations of undue influence to
the Commission.
``(2) Decertification.--The Commission, or an independent
standard-setting organization to which the Commission has
delegated such authority, may decertify any laboratory
certified under paragraph (1) if the Commission finds, after
notice and investigation, that a manufacturer or private
labeler has exerted undue influence on the laboratory.''.
(d) Conforming Amendments.--Section 14(b) (15 U.S.C.
2063(b)) is amended--
(1) by striking ``standards under this Act'' and inserting
``rules under this Act or similar rules under any other Act
enforced by the Commission''; and
(2) by striking ``, at the option of the person required to
certify the product,'' and inserting ``be required by the
Commission to''.

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

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

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

(a) Short Title.--This section may be cited as the ``Danny
Keysar Child Product Safety Notification Act''.
(b) Safety Standards.--
(1) In general.--The Commission shall--
(A) in consultation with representatives of consumer
groups, juvenile product manufacturers, and independent child
product engineers and experts, examine and assess the
effectiveness of any voluntary consumer product safety
standards for durable infant or toddler product; and
(B) in accordance with section 553 of title 5, United
States Code, promulgate consumer product safety rules that--
(i) are substantially the same as such voluntary standards;
or
(ii) are more stringent than such voluntary standards, if
the Commission determines that more stringent standards would
further reduce the risk of injury associated with such
products.
(2) Timetable for rulemaking.--Not later than 1 year after
the date of enactment of this

[[Page H16876]]

Act, the Commission shall commence the rulemaking required
under paragraph (1) and shall promulgate rules for no fewer
than 2 categories of durable nursery products every 6 months
thereafter, beginning with the product categories that the
Commission determines to be of highest priority, until the
Commission has promulgated standards for all such product
categories. Thereafter, the Commission shall periodically
review and revise the rules set forth under this subsection
to ensure that such rules provide the highest level of safety
for such products that is feasible.
(c) Consumer Registration Requirement.--
(1) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Commission shall, pursuant to its
authority under section 16(b) of the Consumer Product Safety
Act (15 U.S.C. 2065(b)), promulgate a final consumer product
safety rule to require manufacturers of durable infant or
toddler products--
(A) to provide consumers with a postage-paid consumer
registration form with each such product;
(B) to maintain a record of the names, addresses, email
addresses, and other contact information of consumers who
register their ownership of such products with the
manufacturer in order to improve the effectiveness of
manufacturer campaigns to recall such products; and
(C) to permanently place the manufacturer name and contact
information, model name and number, and the date of
manufacture on each durable infant or toddler product.
(2) Requirements for registration form.--The registration
form required to be provided to consumers under subsection
(a) shall--
(A) include spaces for a consumer to provide their name,
address, telephone number, and email address;
(B) include space sufficiently large to permit easy,
legible recording of all desired information;
(C) be attached to the surface of each durable infant or
toddler product so that, as a practical matter, the consumer
must notice and handle the form after purchasing the product;
(D) include the manufacturer's name, model name and number
for the product, and the date of manufacture;
(E) include a message explaining the purpose of the
registration and designed to encourage consumers to complete
the registration;
(F) include an option for consumers to register through the
Internet; and
(G) include a statement that information provided by the
consumer shall not be used for any purpose other than to
facilitate a recall of or safety alert regarding that
product.

In issuing regulations under this section, the Commission may
prescribe the exact text and format of the required
registration form.
(3) Record keeping and notification requirements.--The
standard required under this section shall require each
manufacturer of a durable infant or toddler product to
maintain a record of registrants for each product
manufactured that includes all of the information provided by
each consumer registered, and to use such information to
notify such consumers in the event of a voluntary or
involuntary recall of or safety alert regarding such product.
Each manufacturer shall maintain such a record for a period
of not less than 6 years after the date of manufacture of the
product. Consumer information collected by a manufacturer
under this Act may not be used by the manufacturer, nor
disseminated by such manufacturer to any other party, for any
purpose other than notification to such consumer in the event
of a product recall or safety alert.
(4) Study.--The Commission shall conduct a study at such
time as it considers appropriate on the effectiveness of the
consumer registration forms in facilitating product recalls
and whether such registration forms should be required for
other children's products. Not later than 4 years after the
date of enactment of this Act, the Commission shall report
its findings to Congress.
(d) Definition of Durable Infant or Toddler Product.--As
used in this section, the term ``durable infant or toddler
product''--
(1) means a durable product intended for use, or that may
be reasonably expected to be used, by children under the age
of 5 years; and
(2) shall include--
(A) full-size cribs and nonfull-size cribs;
(B) toddler beds;
(C) high chairs, booster chairs, and hook-on chairs;
(D) bath seats;
(E) gates and other enclosures for confining a child;
(F) play yards;
(G) stationary activity centers;
(H) infant carriers;
(I) strollers;
(J) walkers;
(K) swings; and
(L) bassinets and cradles.

SEC. 105. LABELING REQUIREMENT FOR CERTAIN INTERNET AND
CATALOGUE ADVERTISING OF TOYS AND GAMES.

Section 24 of the Federal Hazardous Substances Act (15
U.S.C. 1278) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(2) by inserting after subsection (b) the following:
``(c) Internet, Catalogue, and Other Advertising.--
``(1) Requirement.--Effective 180 days after the Consumer
Product Safety Modernization Act, any advertisement of a
retailer, manufacturer, importer, distributor, private
labeler, or licensor that provides a direct means for the
purchase or ordering of any toy, game, balloon, small ball,
or marble that requires a cautionary statement under
subsections (a) and (b), including advertisement on Internet
websites or in catalogues or other distributed materials,
shall include the appropriate cautionary statement required
under such subsections in its entirety displayed on or
immediately adjacent to such advertisement. Such cautionary
statement shall be displayed in the language that is
primarily used in the advertisement, catalogue, or Internet
website, and in a clear and conspicuous manner consistent
with part 1500 of title 16, Code of Federal Regulations (or a
successor regulation thereto).
``(2) Enforcement.--The requirement in paragraph (1) shall
be treated as a consumer product safety rule promulgated
under section 7 of the Consumer Product Safety Act (15 U.S.C.
2056) and the publication or distribution of any
advertisement that is not in compliance with the requirements
of paragraph (1) shall be treated as a prohibited act under
section 19 of such Act (15 U.S.C. 2068).
``(3) Rulemaking.--Not later than 180 days after the date
of enactment of Consumer Product Safety Modernization Act,
the Commission shall, by rule, modify the requirement under
paragraph (1) with regard to catalogues or other printed
materials concerning the size and placement of the cautionary
statement required under such paragraph as appropriate
relative to the size and placement of the advertisements in
such printed materials. The Commission may, under such rule,
provide a grace period for catalogues and printed materials
printed prior to the effective date in paragraph (1) during
which time distribution of such printed materials shall not
be considered a violation of such paragraph.''.

SEC. 106. STUDY OF PREVENTABLE INJURIES AND DEATHS IN
MINORITY CHILDREN RELATED TO CONSUMER PRODUCTS.

(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Comptroller General shall
initiate a study to assess disparities in the risks and
incidence of preventable injuries and deaths among children
of minority populations, including Black, Hispanic, American
Indian, Alaskan native, and Asian/Pacific Islander children
in the United States. The Comptroller General shall consult
with the Commission as necessary.
(b) Requirements.--The study shall examine the racial
disparities of the rates of preventable injuries and deaths
related to suffocation, poisonings, and drownings associated
with the use of cribs, mattresses and bedding materials,
swimming pools and spas, and toys and other products intended
for use by children.
(c)) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall report
the findings to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate. The report shall
include--
(1) the Comptroller General's findings on the incidence of
preventable risks of injuries and deaths among children of
minority populations and recommendations for minimizing such
risks;
(2) recommendations for public outreach, awareness, and
prevention campaigns specifically aimed at racial minority
populations; and
(3) recommendations for education initiatives that may
reduce statistical disparities.

SEC. 107. REVIEW OF GENERALLY-APPLICABLE STANDARDS FOR TOYS.

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

TITLE II--CONSUMER PRODUCT SAFETY COMMISSION REFORM

SEC. 201. REAUTHORIZATION OF THE COMMISSION.

(a) Authorization of Appropriations.--Subsections (a) and
(b) of section 32 (15 U.S.C. 2081) are amended to read as
follows:
``(a) There are authorized to be appropriated to the
Commission for the purpose of carrying out the provisions of
this Act and any other provision of law the Commission is
authorized or directed to carry out--
``(1) $80,000,000 for fiscal year 2009;
``(2) $90,000,000 for fiscal year 2010; and
``(3) $100,000,000 for fiscal year 2011.
``(b) In addition to the amounts specified in subsection
(a), there are authorized to be appropriated $20,000,000 to
the Commission for fiscal

[[Page H16877]]

years 2009 through 2011, for the purpose of renovation,
repair, reconstruction, re-equipping, and making other
necessary capital improvements to the Commission's research,
development, and testing facility (including bringing the
facility into compliance with applicable environmental,
safety, and accessibility standards).''.
(b) Report to Congress.--Not later than 180 days after the
date of enactment of this Act, the Commission shall transmit
to Congress a report of its plans to allocate the funding
authorized by subsection (a). Such report shall include--
(1) the number of full-time inspectors and other full-time
equivalents the Commission intends to employ;
(2) the plan of the Commission for risk assessment and
inspection of imported consumer products;
(3) an assessment of the feasibility of mandating bonds for
serious hazards and repeat offenders and Commission
inspection and certification of foreign third-party and
proprietary testing facilities; and
(4) the efforts of the Commission to reach and educate
retailers of second-hand products and informal sellers, such
as thrift shops and yard sales, concerning consumer product
safety standards and product recalls, especially those
relating to durable nursery products, in order to prevent the
resale of any products that have been recalled, including the
development of educational materials for distribution not
later than 1 year after the date of enactment of this Act.

SEC. 202. STRUCTURE AND QUORUM.

(a) Extension of Temporary Quorum.--Notwithstanding section
4(d) of the Consumer Product Safety Act (15 U.S.C. 2053(d)),
2 members of the Commission, if they are not affiliated with
the same political party, shall constitute a quorum for the
transaction of business for the period beginning on the date
of enactment of this Act through--
(1) August 3, 2008, if the President nominates a person to
fill a vacancy on the Commission prior to such date; or
(2) the earlier of--
(A) 3 months after the date on which the President
nominates a person to fill a vacancy on the Commission after
such date; or
(B) February 3, 2009.
(b) Repeal of Limitation.--The first proviso in the account
under the heading ``Consumer Product Safety Commission,
Salaries and Expenses'' in title III of Public Law 102-389
(15 U.S.C. 2053 note) shall cease to be in effect after
fiscal year 2010.

SEC. 203. SUBMISSION OF COPY OF CERTAIN DOCUMENTS TO
CONGRESS.

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

SEC. 204. EXPEDITED RULEMAKING.

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

SEC. 205. PUBLIC DISCLOSURE OF INFORMATION.

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

[[Page H16878]]

(D) in the matter following such subparagraph (as added by
subparagraph (C)), by striking ``section 19(a)'' and
inserting ``any consumer product safety rule under this Act
or similar rule under or provision of any other Act
administered by the Commission''.

SEC. 206. PUBLICLY AVAILABLE INFORMATION ON INCIDENTS
INVOLVING INJURY OR DEATH.

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

SEC. 207. PROHIBITION ON STOCKPILING UNDER OTHER COMMISSION-
ENFORCED STATUTES.

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

SEC. 208. NOTIFICATION OF NONCOMPLIANCE WITH ANY COMMISSION-
ENFORCED STATUTE.

Section 15(b) (15 U.S.C. 2064(b)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(2) by inserting after paragraph (1) the following:
``(2) fails to comply with any other rule affecting health
and safety promulgated by the Commission under the Federal
Hazardous Substances Act, the Flammable Fabrics Act, or the
Poison Prevention Packaging Act;''; and
(3) by adding at the end the following sentence: ``A report
provided under this paragraph (2) may not be used as the
basis for criminal prosecution under section 5 of the Federal
Hazardous Substances Act (15 U.S.C. 1264), except for
offenses which require a showing of intent to defraud or
mislead.''.

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

(a) Enhanced Recall Authority.--Section 15 (15 U.S.C. 2064)
is amended--
(1) in subjection (c)--
(A) by striking ``if the Commission'' and inserting ``(1)
If the Commission'';
(B) by inserting ``or if the Commission, after notifying
the manufacturer, determines a product to be an imminently
hazardous consumer product and has filed an action under
section 12,'' after ``from such substantial product
hazard,'';
(C) by redesignating paragraphs (1) through (3) as
subparagraphs (D) through (F), respectively;
(D) by inserting after ``the following actions:'' the
following:
``(A) To cease distribution of the product.
``(B) To notify all persons that transport, store,
distribute, or otherwise handle the product, or to which the
product has been transported, sold, distributed, or otherwise
handled, to cease immediately distribution of the product.
``(C) To notify appropriate State and local public health
officials.''; and
(E) by adding at the end the following:
``(2) If a district court determines, in an action filed
under section 12, that the product that is the subject of
such action is not an imminently hazardous consumer product,
the Commission shall rescind any order issued under this
subsection with respect to such product.''.
(2) in subsection (f)--
(A) by striking ``An order'' and inserting ``(1) Except as
provided in paragraph (2), an order''; and
(B) by inserting at the end the following:
``(2) The requirement for a hearing in paragraph (1) shall
not apply to an order issued under subsection (c) relating to
an imminently hazardous consumer product with regard to which
the Commission has filed an action under section 12.''.
(b) Corrective Action Plans.--Section 15(d) (15 U.S.C.
2064(d)) is amended--
(1) by inserting ``(1)'' after the subsection designation;
(2) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C);
(3) by striking ``more (A)'' in subparagraph (C), as
redesignated, and inserting ``more (i)'';
(4) by striking ``or (B)'' in subparagraph (C), as
redesignated, and inserting ``or (ii)'';
(5) by striking ``An order under this subsection may'' and
inserting:
``(2) An order under this subsection shall'';
(6) by striking ``, satisfactory to the Commission,'' and
inserting ``, as promptly as practicable under the
circumstances, as determined by the Commission, for approval
by the Commission,''; and
(7) by adding at the end the following:
``(3)(A) If the Commission approves an action plan, it
shall indicate its approval in writing.
``(B) If the Commission finds that an approved action plan
is not effective or appropriate under the circumstances, or
that the manufacturer, retailer, or distributor is not
executing an approved action plan effectively, the Commission
may, by order, amend, or require amendment of, the action
plan. In determining whether an approved plan is effective or
appropriate under the circumstances, the Commission shall
consider whether a repair or replacement changes the intended
functionality of the product.
``(C) If the Commission determines, after notice and
opportunity for comment, that a manufacturer, retailer, or
distributor has failed to comply substantially with its
obligations under its action plan, the Commission may revoke
its approval of the action plan.''.
(c) Content of Notice.--Section 15 is further amended by
adding at the end the following:
``(i) Not later than 180 days after the date of enactment
of this Act, the Commission shall, by rule, establish
guidelines setting forth a uniform class of information to be
included in any notice required under an order under
subsection (c) or (d) of this section or under section 12.
Such guidelines shall include any information that the
Commission determines would be helpful to consumers in--
``(1) identifying the specific product that is subject to
such an order;
``(2) understanding the hazard that has been identified
with such product (including information regarding incidents
or injuries known to have occurred involving such product);
and
``(3) understanding what remedy, if any, is available to a
consumer who has purchased the product.''.

SEC. 210. WEBSITE NOTICE, NOTICE TO THIRD PARTY INTERNET
SELLERS, AND RADIO AND TELEVISION NOTICE.

Section 15(c)(1) (15 U.S.C. 2064(c)(1)) is amended by
inserting ``, including posting clear and conspicuous notice
on its Internet website, providing notice to any third party
Internet website on which such manufacturer, retailer, or
distributor has placed the product for sale, and
announcements in languages other than English and on radio
and television where the Commission determines that a
substantial number of consumers to whom the recall is
directed may not be reached by other notice'' after
``comply''.

SEC. 211. INSPECTION OF CERTIFIED PROPRIETARY LABORATORIES.

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

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

(a) In General.--Section 16 (15 U.S.C. 2065) is further
amended by adding at the end thereof the following:
``(c) Upon request by an officer or employee duly
designated by the Commission--
``(1) every importer, retailer, or distributor of a
consumer product (or other product or substance over which
the Commission has jurisdiction under this or any other Act)
shall identify the manufacturer of that product by name,
address, or such other identifying information as the officer
or employee may request, to the extent that such information
is in the possession of the importer, retailer, or
distributor; and
``(2) every manufacturer shall identify by name, address,
or such other identifying information as the officer or
employee may request--
``(A) each retailer or distributor to which the
manufacturer directly supplied a given consumer product (or
other product or substance over which the Commission has
jurisdiction under this or any other Act);
``(B) each subcontractor involved in the production or
fabrication or such product or substance; and
``(C) each subcontractor from which the manufacturer
obtained a component thereof.''.
(b) Compliance Required for Importation.--Section 17 (15
U.S.C. 2066) is amended--
(1) in subsection (g), by striking ``may'' and inserting
``shall''; and
(2) in subsection (h)(2), by striking ``may'' and inserting
``shall, consistent with section 6,''.

SEC. 213. EXPORT OF RECALLED AND NON-CONFORMING PRODUCTS.

(a) In General.--Section 18 (15 U.S.C. 2067) is amended by
adding at the end the following:
``(c) Notwithstanding any other provision of this section,
the Commission may prohibit, by order, a person from
exporting from the United States for purpose of sale any
consumer product, or other product or substance that is
regulated under any Act enforced by the Commission, that the
Commission determines, after notice to the manufacturer--
``(1) is not in conformity with an applicable consumer
product safety rule under this Act or a similar rule under
any such other Act;
``(2) is subject to an order issued under section 12 or 15
of this Act or designated as a banned hazardous substance
under the Federal Hazardous Substances Act (15 U.S.C. 1261 et
seq.); or
``(3) is subject to a voluntary corrective action taken by
the manufacturer, in consultation with the Commission, of
which action the Commission has notified the public and that
would have been subject to a mandatory corrective action
under this or another Act enforced by the Commission if
voluntary action had not been taken by the manufacturer,

unless the importing country has notified the Commission that
such country accepts the importation of such product,
provided that if the importing country has not so notified
the Commission within 30 days after the Commission has
provided notice to the importing country of the impending
shipment, the Commission may take such action as is
appropriate with respect to the

[[Page H16879]]

disposition of the product under the circumstances.''.
(b) Prohibited Act.--Section 19(a)(10) (15 U.S.C.
2068(a)(10)) is amended by striking the period at the end and
inserting `` or violate an order of the Commission issued
under section 18(c); or''.
(c) Conforming Amendments to Other Acts.--
(1) Federal hazardous substances act.--Section 5(b)(3) of
the Federal Hazardous Substances Act (15 U.S.C. 1264(b)(3))
is amended by striking ``substance presents an unreasonable
risk of injury to persons residing in the United States'' and
inserting ``substance is prohibited under section 18(c) of
the Consumer Product Safety Act,''.
(2) Flammable fabrics act.--Section 15 of the Flammable
Fabrics Act (15 U.S.C. 1202) is amended by adding at the end
the following:
``(d) Notwithstanding any other provision of this section,
the Consumer Product Safety Commission may prohibit, by
order, a person from exporting from the United States for
purpose of sale any fabric, related material, or product that
the Commission determines, after notice to the manufacturer--
``(1) is not in conformity with an applicable consumer
product safety rule under the Consumer Product Safety Act or
with a rule under this Act;
``(2) is subject to an order issued under section 12 or 15
of the Consumer Product Safety Act or designated as a banned
hazardous substance under the Federal Hazardous Substances
Act (15 U.S.C. 1261 et seq.); or
``(3) is subject to a voluntary corrective action taken by
the manufacturer, in consultation with the Commission, of
which action the Commission has notified the public and that
would have been subject to a mandatory corrective action
under this or another Act enforced by the Commission if
voluntary action had not been taken by the manufacturer,

SEC. 214. PROHIBITION ON SALE OF RECALLED PRODUCTS.

Section 19(a) (as amended by section 210) (15 U.S.C.
2068(a)) is further amended--
(1) by striking paragraph (1) and inserting the following:
``(1) sell, offer for sale, manufacture for sale,
distribute in commerce, or import into the United States any
consumer product, or other product or substance that is
regulated under any other Act enforced by the Commission,
that is--
``(A) not in conformity with an applicable consumer product
safety standard under this Act, or any similar rule under any
such other Act;
``(B) subject to voluntary corrective action taken by the
manufacturer, in consultation with the Commission, of which
action the Commission has notified the public;
``(C) subject to an order issued under section 12 or 15 of
this Act; or
``(D) designated a banned hazardous substance under the
Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.);'';
(2) by striking ``or'' after the semicolon in paragraph
(7);
(3) by striking ``and'' after the semicolon in paragraph
(8); and
(4) by striking ``insulation).'' in paragraph (9) and
inserting ``insulation);''.

SEC. 215. INCREASED CIVIL PENALTY.

(a) Maximum Civil Penalties of the Consumer Product Safety
Commission.--
(1) Initial increase in maximum civil penalties.--
(A) Temporary increase.--Notwithstanding the dollar amounts
specified for maximum civil penalties specified in section
20(a)(1) of the Consumer Product Safety Act (15 U.S.C.
2069(a)(1)), section 5(c)(1) of the Federal Hazardous
Substances Act, and section 5(e)(1) of the Flammable Fabrics
Act (15 U.S.C. 1194(e)(1)), the maximum civil penalties for
any violation specified in such sections shall be $5,000,000,
beginning on the date that is the earlier of the date on
which final regulations are issued under section 3(b) or 360
days after the date of enactment of this Act.
(B) Effective date.--Paragraph (1) shall cease to be in
effect on the date on which the amendments made by subsection
(b)(1) shall take effect.
(2) Permanent increase in maximum civil penalties.--
(A) Amendments.--
(i) Consumer product safety act.--Section 20(a)(1) (15
U.S.C. 2069(a)(1)) is amended by striking ``$1,250,000'' both
places it appears and inserting ``$10,000,000''.
(ii) Federal hazardous substances act.--Section 5(c)(1) of
the Federal Hazardous Substances Act (15 U.S.C. 1264(c)(1))
is amended by striking ``$1,250,000'' both places it appears
and inserting ``$10,000,000''.
(iii) Flammable fabrics act.--Section 5(e)(1) of the
Flammable Fabrics Act (15 U.S.C. 1194(e)(1)) is amended by
striking ``$1,250,000'' and inserting ``$10,000,000''.
(B) Effective date.--The amendments made by paragraph (1)
shall take effect on the date that is 1 year after the
earlier of--
(i) the date on which final regulations are issued pursuant
to section 3(b); or
(ii) 360 days after the date of enactment of this Act.
(b) Determination of Penalties by the Consumer Product
Safety Commission.--
(1) Factors to be considered.--
(A) Consumer product safety act.--Section 20(b) (15 U.S.C.
2069(b)) is amended--
(i) by inserting ``the nature, circumstances, extent, and
gravity of the violation, including'' after ``shall
consider'';
(ii) by striking ``products distributed, and'' and
inserting ``products distributed,''; and
(iii) by inserting ``, and such other factors as
appropriate'' before the period.
(B) Federal hazardous substances act.--Section 5(c)(3) of
the Federal Hazardous Substances Act (15 U.S.C. 1264(c)(3))
is amended--
(i) by inserting ``the nature, circumstances, extent, and
gravity of the violation, including'' after ``shall
consider'';
(ii) by striking ``substance distributed, and'' and
inserting ``substance distributed,''; and
(iii) by inserting ``, and such other factors as
appropriate'' before the period.
(C) Flammable fabrics act.--Section 5(e)(2) of the
Flammable Fabrics Act (15 U.S.C. 1194(e)(2)) is amended--
(i) by striking ``nature and number'' and inserting
``nature, circumstances, extent, and gravity'';
(ii) by striking ``absence of injury, and'' and inserting
``absence of injury,''; and
(iii) by inserting ``, and such other factors as
appropriate'' before the period.
(2) Regulations.--Not later than 1 year after the date of
enactment of this Act, and in accordance with the procedures
of section 553 of title 5, United States Code, the Commission
shall issue a final regulation providing its interpretation
of the penalty factors described in section 20(b) of the
Consumer Product Safety Act (15 U.S.C. 2069(b)), section
5(c)(3) of the Federal Hazardous Substances Act (15 U.S.C.
1264(c)(3)), and section 5(e)(2) of the Flammable Fabrics Act
(15 U.S.C. 1194(e)(2)), as amended by subsection (a).

SEC. 216. CRIMINAL PENALTIES TO INCLUDE ASSET FORFEITURE.

Section 21 (15 U.S.C. 2070) is amended by adding at the end
thereof the following:
``(c)(1) In addition to the penalty provided by subsection
(a), the penalty for a criminal violation of this Act or any
other Act enforced by the Commission may include the
forfeiture of assets associated with the violation.
``(2) In this subsection, the term `criminal violation'
means a violation of this Act of any other Act enforced by
the Commission for which the violator is sentenced under this
section, section 5(a) of the Federal hazardous Substances Act
(15 U.S.C. 2064(a)), or section 7 of the Flammable Fabrics
Act (15 U.S.C. 1196).''.

SEC. 217. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

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

SEC. 218. EFFECT OF RULES ON PREEMPTION.

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

SEC. 219. SHARING OF INFORMATION WITH FEDERAL, STATE, LOCAL,
AND FOREIGN GOVERNMENT AGENCIES.

Section 29 (15 U.S.C. 2078) is amended by adding at the end
the following:
``(f)(1) The Commission may make information obtained by
the Commission under this Act available (consistent with the
requirements of section 6) to any Federal, State, local, or
foreign government agency upon the prior certification of an
appropriate official of any such agency, either by a prior
agreement or memorandum of understanding with the Commission
or by other written certification, that such material will be
maintained in confidence and will be used only for official
law enforcement or consumer protection purposes, if--
``(A) the agency has set forth a bona fide legal basis for
its authority to maintain the material in confidence;

[[Page H16880]]

``(B) the materials are to be used for purposes of
investigating, or engaging in enforcement proceedings related
to, possible violations of--
``(i) laws regulating the manufacture, importation,
distribution, or sale of defective or unsafe consumer
products, or other practices substantially similar to
practices prohibited by any law administered by the
Commission;
``(ii) a law administered by the Commission, if disclosure
of the material would further a Commission investigation or
enforcement proceeding; or
``(iii) with respect to a foreign law enforcement agency,
with the approval of the Attorney General, other foreign
criminal laws, if such foreign criminal laws are offenses
defined in or covered by a criminal mutual legal assistance
treaty in force between the government of the United States
and the foreign law enforcement agency's government; and
``(C) in the case of a foreign government agency, such
agency is not from a foreign state that the Secretary of
State has determined, in accordance with section 6(j) of the
Export Administration Act of 1979 (50 U.S.C. App. 2405(j)),
has repeatedly provided support for acts of international
terrorism, unless and until such determination is rescinded
pursuant to section 6(j)(4) of that Act (50 U.S.C. App.
2405(j)(4)).
``(2) The Commission may abrogate any agreement or
memorandum of understanding entered into under paragraph (1)
if the Commission determines that the agency with which such
agreement or memorandum of understanding was entered into has
failed to maintain in confidence any information provided
under such agreement or memorandum of understanding, or has
used any such information for purposes other than those set
forth in such agreement or memorandum of understanding.
``(3)(A) Except as provided in subparagraph (B) of this
paragraph, the Commission shall not be required to disclose
under section 552 of title 5, United States Code, or any
other provision of law--
``(i) any material obtained from a foreign government
agency, if the foreign government agency has requested
confidential treatment, or has precluded such disclosure
under other use limitations, as a condition of providing the
material;
``(ii) any material reflecting a consumer complaint
obtained from any other foreign source, if that foreign
source supplying the material has requested confidential
treatment as a condition of providing the material; or
``(iii) any material reflecting a consumer complaint
submitted to a Commission reporting mechanism sponsored in
part by foreign government agencies.
``(B) Nothing in this subsection shall authorize the
Commission to withhold information from the Congress or
prevent the Commission from complying with an order of a
court of the United States in an action commenced by the
United States or the Commission.
``(4) In this subsection, the term `foreign government
agency' means--
``(A) any agency or judicial authority of a foreign
government, including a foreign state, a political
subdivision of a foreign state, or a multinational
organization constituted by and comprised of foreign states,
that is vested with law enforcement or investigative
authority in civil, criminal, or administrative matters; and
``(B) any multinational organization, to the extent that it
is acting on behalf of an entity described in subparagraph
(A).
``(g) Whenever the Commission is notified of any voluntary
recall of any consumer product self-initiated by a
manufacturer (or a retailer in the case of a retailer selling
a product under its own label), or issues an order under
section 15(c) or (d) with respect to any product, the
Commission shall notify each State's health department or
other agency designated by the State of the recall or
order.''.

SEC. 220. INSPECTOR GENERAL AUTHORITY AND ACCESSIBILITY.

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

SEC. 221. REPEAL.

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

SEC. 222. INDUSTRY-SPONSORED TRAVEL BAN.

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

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

``(a) Prohibition.--Notwithstanding section 1353 of title
31, United States Code, no Commissioner or employee of the
Commission shall accept travel, subsistence, and related
expenses with respect to attendance by a Commissioner or
employee at any meeting or similar function relating to
official duties of a Commissioner or an employee, from a
person--
``(1) seeking official action from, doing business with, or
conducting activities regulated by, the Commission; or
``(2) whose interests may be substantially affected by the
performance or nonperformance of the Commissioner's or
employee's official duties.
``(b) Authorization of Appropriations for Official
Travel.--There are authorized to be appropriated, for each of
fiscal years 2009 through 2011, $1,200,000 to the Commission
for certain travel and lodging expenses necessary in
furtherance of the official duties of Commissioners and
employees.''.

SEC. 223. ANNUAL REPORTING REQUIREMENT.

Section 27(j) (15 U.S.C. 2076(j)) is amended--
(1) in the matter preceding paragraph (1), by striking
``The Commission'' and inserting ``Notwithstanding section
3003 of the Federal Reports Elimination and Sunset Act of
1995 (31 U.S.C. 1113 note), the Commission''; and
(2) by redesignating paragraphs (5) through (11) as
paragraphs (6) through (12), respectively and inserting after
paragraph (4) the following:
``(5) the number and summary of recall orders issued under
section 12 or 15 during such year and a summary of voluntary
actions taken by manufacturers of which the Commission has
notified the public, and an assessment of such orders and
actions;''.

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

The Commission shall study the effectiveness of section
17(a) of the Consumer Product Safety Act (15 U.S.C. 2066(a)),
specifically paragraphs (3) and (4) of such section, to
determine a specific strategy to increase the effectiveness
of the Commission's ability to stop unsafe products from
entering the United States. The Commission shall submit a
report to Congress not later than 9 months after enactment of
this Act, which shall include recommendations regarding
additional authority the Commission needs to implement such
strategy, including any necessary legislation.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. Rush) and the gentleman from Texas (Mr. Barton) each will
control 20 minutes.
The Chair recognizes the gentleman from Illinois.

General Leave

Mr. RUSH. Madam Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. RUSH. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, today is indeed a grand day. Today is a day that we
show the American people that this Congress, this House of
Representatives, gets things done. Today the House will vote on
sweeping bipartisan legislation that will protect our children from
defective and dangerous toys and comprehensively reforms the Consumer
Product Safety Commission.
The bill before us today, H.R. 4040, the Consumer Product Safety
Modernization Act of 2007, was introduced by Chairman Dingell, Ranking
Member Barton, Ranking Member Stearns, and myself. This historic bill
authorizes desperately needed resources to the commission and
dramatically rewrites the Consumer Product Safety Act as well as the
Federal Hazardous Substances Act, both of which are administered by the
CPSC. After decades of neglect, H.R. 4040 finally restores the CPSC to
its rightful place of prominence and gives it the necessary tools to
grapple with the global marketplace and protect America's consumers,
particularly our children, from dangerous and defective products.
This bill represents 8 months of work, five hearings, a subcommittee
markup, and a full committee markup in which the final vote was 51-0.
As chairman of the Subcommittee on Commerce, Trade, and Consumer
Protection, I am extremely proud of our collective efforts during this
entire process.
H.R. 4040 has two titles. Title I specifically addresses children's
products by establishing the strictest lead standards in the world for
children's products and requiring certification

[[Page H16881]]

and testing. Title II overhauls the CPSC itself, giving the beleaguered
agency much-needed resources and strengthening its underlying organic
statute. At both the subcommittee and full committee markups, the bill
underwent significant changes: We strengthened the lead standard,
raised the age requirement for mandatory testing to 12 years of age,
required CPSC to appropriately tailor their corrective action plans to
fit consumer needs, bestowed enforcement authority to State attorneys
general, banned corporate-sponsored travel for CPSC employees, and
preserved State common law rights of action.
All of these excellent changes were made at the behest of the members
of the Energy and Commerce Committee who offered their valuable input
on how to make this underlying bill even better.
Madam Speaker, I cannot emphasize enough the bipartisan nature of
this bill. From the very beginning, we drafted this bill in
consultation with the Consumer Product Safety Commission, consumer
groups, and industry. Madam Speaker, I want to sincerely thank the
distinguished chairman of the full Committee on Energy and Commerce, my
dear friend from Michigan, Mr. John Dingell, for his unparalleled
leadership. This bill simply would not be possible without Chairman
Dingell's guidance. Of course, I want to thank my friends, the
distinguished ranking member of the committee, Mr. Barton; and the
ranking member of the subcommittee, Mr. Stearns, for their incredible
leadership and unwavering cooperation.
I urge my colleagues to vote ``yes'' on this historic bill.
Madam Speaker, I reserve the balance of my time.
Mr. BARTON of Texas. Madam Speaker, I yield myself 5 minutes.
Madam Speaker, I want to start off by congratulating Chairman John
Dingell. I have with me today's Congress Daily, one of the news
periodicals that tracks what we do. And on page 7 the headline is
``House Panel Easily Passes Consumer Safety Legislation.'' It goes on
to say that Dingell said he plans to approach the Speaker and ask her
to put the bill on the Suspension Calendar because it passed committee
51-0, and in the next paragraph it says that a leadership aide said it
is unlikely that the bill could come to the floor before Congress
adjourns for the year.
Well, I just want to congratulate the chairman for going to Speaker
Pelosi and getting her to agree to put this bill on the floor before we
go home because this bill shows how the Congress should work. It didn't
pass 51-0 because of serendipity. It passed 51-0 yesterday in the
Energy and Commerce Committee because staffs on both sides of the aisle
of both the full committee and the subcommittee met for countless hours
to negotiate the many compromises necessary to put the bill together. I
want to especially compliment Consuela Washington, the majority
counsel, Chairman Dingell's counsel, who has worked so hard on this
bill. If President Washington were still alive today, he would be very
proud of her for the work that she's done because she has not only had
to work with the minority staffers and members, she has also had to
diligently work with the majority staffers and members as sometimes
each side was pulling her in different directions. It's good to know
that she's all in one piece and doing well.
This bill will strengthen the Consumer Product Safety Commission.
This bill will create a state-of-the-art testing laboratory to test the
products and the toys that we sell to the American public. This bill
will enhance the recall ability of the Consumer Product Safety
Commission. This bill will expand the number of commissioners so that
we have a full commission again. This bill increases the fines that the
Consumer Product Safety Commission can levy against recalcitrant
companies that sell defective products. And this bill has the toughest
lead standard in the world for products.
I wish it were my line, but it's not. Chairman Rush's line on the
lead standard, in response to an amendment in committee to make it even
tougher, said that God himself at Mount Horeb where He gave the Ten
Commandments to Moses, that may have been the only holy ground in the
world that would have met this standard. I thought that was just
priceless in terms of trying to put in context how tough this standard
is that the Lord Himself would have difficulty meeting the standard in
the bill.
So this is a good work product. It was done the right way.
Negotiations with the stakeholders, negotiations with members,
negotiations with the staff; an open markup at subcommittee; adequate
time between subcommittee and full committee; a manager's amendment
that was circulated so all members had a chance to see it; a full
committee markup that lasted 2 days; numerous amendments that were
offered, some withdrawn, some accepted, some modified. And the result
was a 51-0 vote that occurred in full committee yesterday. And then
again, thanks to Chairman Dingell's ability to get things done in the
House, a Suspension Calendar vote today so that Members on both sides
of the aisle have an attempt to put their stamp of approval on this
very important piece of legislation.
I'm very proud to have played a small part in this process, and I
cannot urge in stronger language that we should pass this and send it
to the other body so that they may also reciprocate.
I predicted at the press conference 6 weeks ago or 2 months ago that
something very close to this bill will be on the President's desk. We
will have a bill signing ceremony in the Oval Office or the Rose Garden
on this legislation later in this Congress.
So I'm very pleased to endorse it. I again thank all Members for
their hard work, and a special commendation to Cliff Stearns, the
former ranking member of the subcommittee, for his hard work.
Madam Speaker, I reserve the balance of my time.
Mr. RUSH. Madam Speaker, I yield 2 minutes to the gentlewoman from
Colorado (Ms. DeGette).
Ms. DeGETTE. I want to thank the distinguished chairman of the
subcommittee, Mr. Rush, for yielding me this time, and I want to
congratulate him and my distinguished chairman, Mr. Dingell, for
bringing this strong consumer protection bill to the floor so quickly.
I also want to thank Congresswoman DeLauro, whom I have been working
with on this legislation for a number of years, and I am so thrilled to
see it on the floor.
Madam Speaker, this year we have seen the number of children's
product and toy recalls rise dramatically. Many of these recalls were
because of the excessive amounts of lead, which is a very dangerous
compound for children. As if parents didn't have enough to worry about
this season, they're faced with another dilemma. Are the toys that they
are buying safe? Today in the House we will act to make sure the answer
to that question in the future is a resounding ``yes.''
Back in September, with Congresswoman DeLauro, I introduced a bill to
address this issue. I want to commend the good work of the Energy and
Commerce Committee for incorporating many of the provisions of our
bill, most of the provisions, into H.R. 4040 as it sits before us
today.
This bill takes a number of steps to protect kids under 12. For
example, it almost doubles the funding for the Consumer Product Safety
Commission, which has been woefully underfunded and staffed. It bans
lead in children's products and toys. It requires independent third-
party testing. And it bans industry-sponsored travel, which has been a
scandal at the Consumer Product Safety Commission.
Passing H.R. 4040 today is a crucial first step in making sure that
children are safe from dangerous products. As parents like us are
rushing to finish their holiday shopping this weekend, they can rest
assured that the U.S. House of Representatives is on their side.
I look forward to working with my colleagues early in the next
session to make sure that the food parents are putting on their table
is also safe.
Mr. BARTON of Texas. Madam Speaker, I want to yield 5 minutes to the
former chairman of the subcommittee and then the ranking member of the
subcommittee, who is now the ranking member of the Telecommunications
Subcommittee, the gentleman from Florida (Mr. Stearns).
(Mr. STEARNS asked and was given permission to revise and extend his
remarks.)

[[Page H16882]]

Mr. STEARNS. Madam Speaker, I rise in support of this bill. As
Chairman Barton has pointed out, it has been bipartisan, with 51 people
voting for it and no one voting against it. We had a conscientious
markup, particularly on several amendments. These amendments were
defeated so that we had a little compromise involved.
A lot of Americans should realize that the Consumer Product Safety
Commission came into existence in 1973 as the agency to ensure consumer
products, including toys, not to pose risks of injuries to our
families, illness or death to consumers. Lots of times products are not
used properly, and that causes a problem.

{time} 1400

The Consumer Product Safety Commission cannot guarantee safety if the
consumers don't use their products properly.
They have 15,000 different products that they have to promulgate with
standards. Fortunately, the Commission rarely has had to promulgate
mandatory standards for all these products and can rely on voluntary
standards that are simply developed by the industry itself.
This bill, as Mr. Barton pointed out, is going to be signed in very
short order after we pass this under suspension.
Many of the Members on both sides talked about the growing compliance
shortfalls with toys that are manufactured outside the United States,
particularly in China. Specifically, our attention was focused on the
spate of recalls which increased dramatically for toys with lead-based
paints exceeding the United States limit. This was a problem we have
rarely seen in 30 years since we passed the Federal ban on lead-based
paint. I am pleased to report that manufacturers and retailers have
stepped up to the plate in testing in response to these problems, and
that's good.
Nevertheless, my colleagues, toys have not been the only problem this
year, as imports of every type of product increasingly account for our
supply of goods, particularly from China. As our imports have risen
over the years, so have the number of problems that have been
associated with these products that come in. But the Consumer Product
Safety Commission has met this daunting challenge and, as you can
imagine, with 15,000 different kinds of products, they have issued more
recalls over the last 2 years than any other time in our history.
Despite this, we recognized the need to provide the Commission with
additional resources, which we are doing today. We authorize
significant increases in their budget so that the Commission may
fulfill their mission to keep defective products that can cause injury,
or worse, out of the stream of commerce.
So, I'm pleased to report that the omnibus bill we passed this week
includes increased appropriations for the Commission, so they're
getting new resources.
This bill is good public policy that not only provides the Commission
with new resources, but, as was pointed out, much, much more. It
provides for new standards regarding lead paint and implements the most
stringent standard ever for lead content in children's products. The
bill requires testing and certification of children's products before
they are ever shipped to store shelves, and provides increased
penalties for companies that violate the law.
New laboring requirements will help facilitate effective recalls, and
the bill provides greater authority for the Commission to recall
harmful products and notify the public of these dangers. Very
important; they have this extra recall authority.
We have worked with the consumer groups, industry, and the Commission
to make this a bipartisan, sound bill that works effectively. So I
commend Chairman Rush, I commend, obviously, Mr. Dingell, and I commend
our ranking member, Chairman Barton, on their willingness to make this
an open process. We talked about it, and the result is what we see
today, a bipartisan bill that has the support of the House.
So, I urge my colleagues to support it, and I look forward to its
implementation into law.
Mr. RUSH. Madam Speaker, I yield 2\1/2\ minutes to the gentlelady
from Connecticut, the vice chairman of the Democratic Caucus, Ms.
DeLauro.
Ms. DeLAURO. Madam Speaker, when the toys our children play with are
no longer safe, government must respond. Today's bill represents a
first step forward, an active response to an agency which has failed to
take its regulatory responsibilities seriously for far too long, an
agency that does not understand its regulatory function. We are
addressing the Consumer Product Safety Commission's mandate, and trying
to reform it in a meaningful way.
I have been proud to work with my colleague, Congresswoman DeGette,
and other colleagues from the Energy and Commerce Committee to hone, to
strengthen this bill. We all recognize that the American people must be
able to depend on the system responsible for protecting them.
I especially want to thank Congresswoman Anna Eshoo who fought to
strengthen the mandatory recall provision governing products that pose
an imminent hazard. This new authority will allow the CPSC to provide
notice and halt distribution without protracted legal proceedings.
I am pleased that I could partner with my colleagues to strengthen
this bill in other ways as well, requiring tracking labels and product
registration cards for durable and nursery products, providing the
additional resources the CPSC needs to get its act together,
instituting a ban on industry-sponsored travel, and providing for
protections for children under the age of 12.
I do not believe that we have gone far enough and that we must go
further. I look forward to making this bill stronger still, working
through the conference to address its shortcomings.
Under this bill, we must make it clear that States will not be
preempted. Attorneys General should not be limited when pursuing
remedies or penalties. At a time when the number of dangerous products
entering our markets are skyrocketing, this is a problem we need to fix
now. We should be bringing more allies to our fight, not fewer.
Also, we are still not tough enough on third-party testing. There are
still loopholes that leave manufacturers to conduct their own tests.
The days of industry self-policing must come to an end. And I believe
the current provision banning lead, although long overdue, has
problematic exemptions. Health advocacy experts have testified to the
need to place its threshold at 40 parts per million and urge more
timely implementation. With our children's health at stake, we should
listen to the experts.
Government has an obligation to its citizens; it's that simple. This
bill represents a first step forward in meeting that obligation,
striving to make sure dangerous toys and products do not slip through
the cracks and into our children's hands.
During this holiday season, we cannot afford to wait any longer. I
urge a ``yes'' vote on this legislation.
Mr. BARTON of Texas. May I inquire as to the time I have remaining,
Madam Speaker?
The SPEAKER pro tempore (Mrs. Tauscher). The gentleman from Texas has
11 minutes remaining. The gentleman from Illinois has 11\1/2\ minutes
remaining.
Mr. BARTON of Texas. I ask unanimous consent to yield 6 of my 11
minutes to Mr. Rush for him to control.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
The SPEAKER pro tempore. The gentleman from Illinois now has 17\1/2\
minutes remaining.
Mr. RUSH. I want to thank the gentleman.
Mr. BARTON of Texas. And of the 5 minutes I still control, I want to
yield two of those minutes to the new ranking member of the Consumer
Protection and Trade Subcommittee, Mr. Whitfield.
Mr. WHITFIELD. Madam Speaker, I certainly want to congratulate
Chairman Dingell, Ranking Member Barton, Chairman Rush and Ranking
Member Stearns.
Recently, we've read many articles about products coming out of
China, whether it be wheat gluten, whether it be contaminated
toothpaste, whether it be excessive lead in the paints of toys, and all
of us are quite excited about this legislation, H.R. 4040, for the
reformation that it makes in the Consumer Product Safety Commission.

[[Page H16883]]

One thing that I would point out, and other people have already said
it, but the new standards regarding lead paints implements the most
stringent standard ever for lead content in children's products in this
legislation. So, this is an exciting day for the American people. I
think it shows that Congress does have the ability to meet very
important problems facing our country.
I look forward to the passage of this legislation today, and
certainly want to thank the staff for the hard work that they did on
both sides of the aisle.
Mr. RUSH. Madam Speaker, I yield 2 minutes to the gentleman from
Michigan (Mr. Stupak).
Mr. STUPAK. Madam Speaker, I thank the gentleman for yielding me
time.
Madam Speaker, I rise in support of the Consumer Protection Safety
Modernization Act, of which I am a cosponsor. There is no better time
to pass this legislation than right now before the holidays when
parents are buying toys for their children.
After months of recalls of Chinese-manufactured toys, it is evident
that the Consumer Protection Safety Commission lacks strong authority
and needs additional resources to protect the safety of our children
and loved ones.
This legislation will implement a graduated reduction of lead
standards, reducing 100 parts per million, a level unmatched anywhere
in the world.
The bill will also require manufacturers to include tracking labels
to aid in the event of a recall on all toys intended for children 12
and younger, and mandate third-party testing of toys for lead by labs
accredited by the CPSC.
This legislation strengthens the commission by authorizing
significant increases in funding levels over the next 3 years, allowing
the Product Safety Commission to hire additional employees, which has
been at an all-time low since their inception. Furthermore, this
legislation provides an additional $20 million to modernize CPSC's
testing laboratory to ensure safe products.
Madam Speaker, I applaud Chairman Dingell, Chairman Rush, Mr. Barton
and Mr. Stearns for bringing this bill to the floor. I urge my
colleagues to join me in voting in favor of this bill.
Mr. BARTON of Texas. I yield 1\1/2\ minutes to a distinguished member
of the full committee, Dr. Murphy of Pennsylvania.
Mr. TIM MURPHY of Pennsylvania. I thank my distinguished ranking
member.
In 2007, there have been 61 toy recalls, which translates to about 25
million toys. This number is up significantly from the 40 recalls of 5
million toys we had last year. And this is what we caught.
This bill will help protect consumers. The real culprits remain,
however, the trading partners who refuse to abide by international
standards, countries like China and others who have lax oversight, who
happen to be the leading countries that are involved with these
appalling rates. That's why this bill is so important, because it is up
to us to set sound and safe standards and enforce them.
In addition, I am pleased the committee will be looking at further
research to look at the issue of pet toys, pet toys that may themselves
have lead and other toxic metals that are unregulated. Not only is this
a concern in exposure for the family pet, but also because many of
these toys themselves are inviting to children. Young children
themselves may pick them up, put them in their mouth, and get these
toxic substances on their hands.
As people do their shopping this holiday season, perhaps what we
should be doing as a Nation, before this bill is signed by the
President and goes into effect, instead of judging products by cheap
prices, we should all be looking for quality and safety that comes from
buying American products.
With that, I thank the committee.
Mr. RUSH. Madam Speaker, I yield 2 minutes to the gentlelady from
California (Ms. Harman).
Ms. HARMAN. I thank the gentleman for yielding.
Madam Speaker, I am enjoying my return to the Commerce Committee,
where I serve under a great chairman, John Dingell.
Our committee has a history of producing strong bipartisan
legislation. The regular order works, and we do good work when we
follow it.
As a grandmother and grandmother-to-be, I watched in horror this
summer as millions of toys were pulled off of American store shelves
due to lead-tainted paint, detached magnets, and other hazards. I was
further dismayed because Mattel, one of the companies responsible, is
headquartered in my congressional district and employs 2,000 of my
constituents to design and market its toys. I am pleased to say that
Mattel has worked hard to fix its problems, though I will continue to
recommend that it move some of or all of its manufacturing back to this
country, where quality can be carefully monitored.
Madam Speaker, for all the reasons my colleagues have mentioned, H.R.
4040 is a landmark bill. It sets a high bar for toy manufacturers like
Mattel, and strengthens government scrutiny of industry. H.R. 4040 was
written the right way, the bipartisan way, and through the regular
order of the House. In terms of process, it is a model for Congress at
its best, and grandmothers, grandmothers-to-be, children, and our
committee will be better for it.
I urge passage of this bill.
Mr. BARTON of Texas. Madam Speaker, I reserve the balance of my time.
Mr. RUSH. Madam Speaker, it is my pleasure now to yield 2\1/2\
minutes to the gentlelady from Illinois (Ms. Schakowsky).
Ms. SCHAKOWSKY. Thank you, Mr. Chairman, for yielding to me. And I
thank you, Chairman Dingell, Ranking Member Barton and vice chairman of
the subcommittee, Mr. Stearns, for bringing this bill to fruition.
This is the season of giving, but parents today are worrying about
whether the toys they buy for their children will be safe or a
potentially lethal hazard.
The Chicago Tribune recently tested 800 toys and found a wooden
butterfly in an Oak Park toy store with 85,000 parts per million of
lead, 142 times the legal limit.

{time} 1415

A Superman figurine contained 33,000 parts per million. The
Associated Press followed up with their own tests, and 35 percent of
the toys they looked at were contaminated with lead levels above the
legal limit.
We should have a Consumer Product Safety Commission that is
aggressive in protecting our children, our most precious resource. We
should, but we don't. Unfortunately, the CPSC acting chairwoman seems
content with the status quo.
H.R. 4040, the Consumer Product Safety Modernization Act, recognizes
that the status quo of daily recalls, injuries and deaths is not
acceptable. I support this bill because it provides new authority and
resources to make products, particularly children's products, safe.
There are many important provisions in this bill. It would virtually
ban lead in products intended for children age 12 and younger. It will
mandate independent third-party testing for hazards in children's
products and improve the recall process. It includes provisions from
legislation I introduced to require long-overdue mandatory safety
standards for durable infant and toddler products and strengthen recall
effectiveness by requiring them to include recall registration cards.
I hope we can make this bill even stronger. Even with added resources
authorized from the bill, a major improvement from the levels requested
by President Bush, we could do better, particularly when it comes to
monitoring imports. I support measures to add mandatory premarketing
testing and other important things. But ultimately, we need to pass
this legislation.
I support measures to add mandatory premarketing testing, tough
whistleblower protections and the assurance that injured consumers will
have full rights to hold wrongdoers accountable. And while I support
provisions to encourage manufacturers to report dangerous products, I
remain concerned about the effect those provisions would have on
criminal liability and hope we can take a further look at this.
Ultimately no legislation will be successful if the CPSC continues to
shirk its mandate of protecting consumers. I want to thank Chairman
Dingell and Chairman Rush for their hard work on this bill and for
their commitment to

[[Page H16884]]

holding vigorous oversight of CPSC's activities. I look forward to
working with them to make this bill even stronger.
Mr. BARTON of Texas. I continue to reserve my time.
Mr. RUSH. Madam Speaker, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Carney).
Mr. CARNEY. Thank you, Mr. Chairman.
Madam Speaker, like so many before me, I rise today in support of the
Consumer Product Safety Modernization Act, H.R. 4040. As the father of
five, I am very concerned about our children's safety. This legislation
creates the toughest lead standard in the world for children's
products, and I could not be prouder to support it.
I have held town hall meetings all across my district in
Pennsylvania, and lead in children's toys remains a constant concern
for parents. We need to know that our children are not playing with
hazardous toys. We all know that lead poisoning can be extremely
dangerous. According to the U.S. Consumer Product Safety Commission,
lead poisoning in children is associated with behavioral problems,
learning disabilities, growth retardation and even death.
As the holidays approach, this legislation is even more urgent.
Requiring mandatory safety standards for nursery products and mandatory
third-party testing of children's products will help stop the problem
of lead toys before they hit the shelf. In addition, this legislation
requires tracking labels to aid in recalls. I have been working with
the CPSC to ensure that recalled items are removed from store shelves
as quickly and as safely as possible.
My office has worked to make sure the public knows when there is a
recall and how to take action. This holiday season, I urge all parents
to check where the toy has been made and keep up to date with the
recall e-mail notices provided by the CPSC. I am proud to offer my
strong support for this critical legislation.
Mr. RUSH. Madam Speaker, I yield 2 minutes to the gentleman from
California (Mr. Waxman).
Mr. WAXMAN. Madam Speaker, today the House will take up legislation
that, in the great tradition of the Energy and Commerce Committee, was
reported out of the committee unanimously. I would have voted for it as
well had I not been on the House floor presenting another piece of
legislation. I want to commend Chairman Dingell, Subcommittee Chairman
Rush, and Ranking Members Barton and Stearns for their great
accomplishment.
This bill will develop a standard that will protect children from the
dangers associated with lead exposure. It will create a national
standard that is one of the strongest in the world and ensure that our
toys are as safe as possible. This is an accomplishment that we all can
be proud of. But let me point out that no one piece of legislation can
make all the changes that we need at the Consumer Product Safety
Commission. What we need to continue to look for are ways to further
improve the CPSC.
We must ensure that the Consumer Product Safety Commission and the
public get, and can appropriately use, information from manufacturers
about the safety of their products. We must also ensure that the States
have all the tools they need to permit them to fully assist the CPSC in
its task because they will continue to be vitally important partners in
enforcing the law.
Every day, Americans rely on the Consumer Product Safety Commission
to protect them from dangerous products. To date, frankly, it has not
done its job. This bill is the first step in changing direction and in
making the CPSC the effective agency the American people expect and
deserve. I know this will be a continuing effort on the part of the
committee, and I look forward to working with my colleagues on that
committee in a bipartisan way, I hope, to ensure that we achieve this
goal.
Mr. RUSH. Madam Speaker, I yield 2\1/2\ minutes to the gentlewoman
from Texas (Ms. Jackson-Lee).
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. I thank the distinguished gentleman.
Madam Speaker, this is the holiday season. For many of us, this is
Christmas. And I believe we owe a debt of gratitude to the Energy and
Commerce Committee, Mr. Rush; the chairman of the full committee, Mr.
Dingell; all of the people who worked so hard; Ms. DeLauro who is not
on the committee but who worked hard on this issue; and my good friend
from Texas (Mr. Barton) who today declared an enormous Christmas gift.
He said the President is going to sign this in near order. Maybe it
will be tonight or tomorrow, and we will come back with our Santa Claus
hats on. I chair the Congressional Children's Caucus, and this is a
mighty important step going forward.
I am delighted to be an original cosponsor of H.R. 4040, and I am
really pleased that we responded immediately in an emergency posture.
Can you imagine, Mr. Rush, listening to a member of the Consumer
Product Safety Commission saying, ``We need no more resources,
everything is well.'' And can you imagine parents as they push the wee
hours of the morning, of course not them, working with Santa, to get
toys for their children, to be able to have to question whether these
toys are safe? In fact, in my own district, I am hearing that parents
are questioning, and the purchases of gifts are down, toys are down
because they just don't know what is safe.
This is a good bill. It instructs those who are dealing with children
that there has to be important oversight. I am working, as well, and
hope that as we move forward to expand the responsibilities of the
Consumer Product Safety Commission that we will also look to language
that I have in legislation that I have filed, or will be filing,
dealing with the prohibition of imports of children's products without
third-party testing for certification.
This kind of oversight is crucial. Lead kills. So many times we have
fought against lead in housing and fought against various, if you will,
owners of apartments. Many times we have waged a battle against lead in
our public housing, section 8 housing or dilapidated housing that many
poor Americans have to live in. We have fought against that. Lead
kills. Lead is poison. But can you imagine that right under our very
noses we had goods and toys that, in fact, our children bought or their
family members bought and they played with that would kill?
H.R. 4040, I believe, will save lives. It is an important statement.
It is a holiday statement. It is an important statement to indicate
that children of America are first. I ask my colleagues to support it.
Mr. RUSH. Madam Speaker, I yield myself 15 seconds.
Madam Speaker, I just want to take a moment to commend the work of
the staffs on both sides of the aisle. We have a dedicated, hardworking
staff that has done tremendous work over the weekends and into the wee
hours of the morning. They have made it possible for this outstanding
bill to come before this Congress for the American people. I want to
commend them for their outstanding work.
Mr. BARTON of Texas. I continue to reserve my time.
Mr. RUSH. Madam Speaker, I yield 2 minutes to the gentleman from New
York (Mr. Serrano).
(Mr. SERRANO asked and was given permission to revise and extend his
remarks.)
Mr. SERRANO. I want to thank the gentlemen, both the chairman and the
ranking member of the subcommittee and the ranking member of the full
committee, for this very important legislation.
My reason for speaking is simply to inform you of what you may
already know has taken place on the bill that we voted on the other
night. The commission had a budget of $62 million. The President's
request was $63 million. During our hearing process, our subcommittee
oversees the agency, we were shocked to hear from them that they didn't
need any more money. In the middle of such a crisis, they were the only
agency in the Federal Government saying, ``Don't give us any more
money.''
Well, understanding the need and within the limited resources, we
went from this year's $62 million to a full $80 million, and I wish it
could have been $280 million. The purpose of my comments is to remind
both sides that since we increased the dollars by $18

[[Page H16885]]

million, it was a message that we were all sending that we understand
the need to take care of these issues and to react in a very positive
way. And so it falls on us now to be very vigilant to make sure that
they do the work that they are supposed to do.
There is nothing more important in my opinion at this present moment
than to ensure the American people that products that are coming into
this country and products that are being produced in this country are
safe and proper for their children, for their families. We can do it
through this bill. We can do it through the appropriations that we had
the other night. I thank all of you again for being very vigilant in
this kind of work.
Mr. BARTON of Texas. Madam Speaker, I yield myself the balance of my
time.
The SPEAKER pro tempore (Mrs. Tauscher). The gentleman is recognized
for 3 minutes.
Mr. BARTON of Texas. Madam Speaker, I already complimented the
majority on their process. I also want to compliment the majority and
the minority on both sides on the policy. This bill has the toughest
lead standards in the world for children's products. Let me repeat
that. The bill before us has the toughest lead standards in the world
for children's products.
It is phased in. The timetable may not be quite as aggressive as some
of our consumer advocates would like it to be, but it is a fact that if
this bill gets through the Senate, and I hope it will, the President
signs it, and I know he will, we will have the toughest lead standards
in the world for children's products.
It has a premarket approval process that is a major reform over the
current practice, so that no product will be put into the marketplace
until it has been adequately and aggressively tested before it goes to
market. That is another major change from the current law.
The Consumer Product Safety Commission is a small agency. I believe
it has less than 500 employees. But it is a very important agency. And
I think it is important for the authorizing committees to do due
diligence in their oversight and to also do due diligence in
reauthorizing their agencies. I was very proud in the last Congress
that for the first time in 14 years we reauthorized the National
Institutes of Health and put in several major reforms.
I am glad in this Congress that we are working on a bipartisan basis
to reauthorize the Consumer Product Safety Commission. I look forward,
once we pass this piece of legislation, to work with the majority to
take a look at the Federal Communications Commission. I believe it
could use some reforms, too, and I know Chairman Dingell and
Subcommittee Chairman Markey have some of those same concerns that I
have.
I urge a strong ``yes'' vote on this legislation.
With that, Madam Speaker, I would yield back the balance of my time.

{time} 1430

Mr. RUSH. Madam Speaker, it is my pleasure and my privilege to yield
such time as we have remaining to the chairman of the full committee,
the gentleman from Michigan (Mr. Dingell).
Mr. DINGELL. Madam Speaker, I thank my distinguished friend for
yielding to me.
I want to express my commendations to the chairman of the
subcommittee, Mr. Rush, for his outstanding leadership in this. I am
proud, indeed, of your work here. I also want to say a word of praise
to my dear friend, the chairman and the ranking member of the Commerce
Committee, Mr. Barton, and also Mr. Stearns, who have served so well.
Working with them has been a privilege and a pleasure. I want to salute
them for what they have accomplished.
I also want to salute the staff. We have on this committee, on both
sides of the aisle, a superb staff. I will not mention all of their
names, but I do want to express my appreciation to Consuela Washington
for the outstanding leadership she showed in the very difficult work
that was done here. But that doesn't demean any member of the staff on
either side of the aisle. They are superb, dedicated, wonderful public
servants, and we owe them a great debt of thanks.
H.R. 4040 is a superb piece of legislation. Is it perfect? No. But
it's as good as can ever be achieved in this place. It shows that the
House of Representatives can work together, and in a 51-0 vote we have
established that the Commerce Committee still carries forward its
traditions of working well together and moving forward the business of
the House in a proper, bipartisan fashion. In that, we may all, indeed,
be proud. It shows a real vigorous collaborative effort by all members
of the committee to craft a commonsense solution to the consumer safety
problems that have received so much public attention in the past year.
We have developed, with input from government, consumer advocate
groups and industry stakeholders, a bill which represents a
comprehensive approach to improving consumer safety. Most importantly,
the bill contains a very significant reauthorization, the first in 15
years at CPSC, and it gives that agency remarkably enhanced tools to
enforce the compliance of both domestic and imported consumer products
with laws and regulations that will enable the CPSC to do a much better
job of protecting our Nation's people and our children.
I want to conclude, again, by thanking my good friends and colleagues
who have worked so hard on this. I want to comment on the fine works of
Representative DeGette, Representative Schakowsky, Representative
Capps, and Representative Harman, who provided extraordinarily fine
leadership to us as this matter went through the committee.
Again, I want to stress what a pleasure it has been to work with the
chairman of the subcommittee, the ranking minority member of both the
full committee and the subcommittee, and my gratitude to all of the
members for the extraordinary way in which they have put together a
piece of legislation in which this body may indeed be proud.
There will be some carping about the legislation, but I remind all
that the perfect good is oft times the enemy of the good. We are moving
forward speedily and well to protect our consumers in a proper fashion
and to do so in a timely fashion and in a way which ensures not only
the protection of the people, but the protection of the people in a
timely and speedy fashion and a proper response to the concerns that
all have set forward. I, again, thank my colleagues.
Mr. MARKEY. Madam Speaker, I commend Chairman Dingell and
Subcommittee Chairman Rush for their intensive efforts to produce
bipartisan legislation to overhaul a beleaguered agency, the Consumer
Product Safety Commission, CPSC. As a tsunami of toxic toys flooded
into our country and onto store shelves earlier this year, it became
clear that the CPSC was unequipped to perform its vital mission--
protecting the public from significant risks of serious injury or death
from toys and other consumer products under the agency's jurisdiction.
Chairman Dingell and Chairman Rush moved swiftly to respond to this
crisis of confidence in the CPSC, holding important hearings that
exposed major weaknesses at the agency, including an under-resourced
and demoralized staff, a lead standard that enabled unsafe lead content
in children's products, weak leadership provided by Acting Chairman
Nancy Nord and other problems that made the CPSC the ``Can't Protect
the Safety of Children'' agency. I congratulate my distinguished
colleagues for their work.
When the Energy and Commerce Committee considered this legislation
yesterday, I voted for it. H.R. 4040 mandates many important
improvements at the CPSC and includes much-needed increases in
resources for the Commission. Specifically, the bill:
Bans lead beyond a minute amount in products intended for children
under 12.
Requires mandatory safety standards for nursery products, such as
cribs and high chairs.
Mandates that the CPSC examine the current voluntary safety standards
for toys, starting with dangerous magnets, and if found to be
inadequate, requires mandatory standards to be adopted.
Significantly increases CPSC resources to hire additional staff and
for laboratory renovations, including $20 million to modernize the
testing lab. The bill allots $80 million for FY2009, $90 million for
FY2010 and $100 million for FY2011.
Prohibits the export of products that violate U.S. consumer product
safety rules, are subject to mandatory or voluntary recalls, are
designated an imminent hazard to public health and safety, or are
designated as a banned hazardous substance. Similarly, the bill makes
the domestic sale of such products a prohibited act.
Bans CPSC commissioners and staff from accepting trips paid for by an
organization regulated by the CPSC.

[[Page H16886]]

While this legislation contains urgently needed reforms, I hope that
additional enhancements can be made as the bill moves through the
legislative process. During committee consideration, I offered two
amendments that I believe would have further strengthened this
legislation. My first amendment would have created a ``Public Right To
Know'' at the CPSC. In 2000 and again in 2003, the CPSC documented
cases of children suffering intestinal injuries after swallowing small
but powerful magnets that had fallen out of toys. The public didn't
know, and the CPSC did nothing. By mid-2005, after more reports of
safety concerns associated with the magnets and two reports of life-
threatening injuries, the public still didn't know, and the CPSC still
did nothing. On Thanksgiving Day 2005, Kenny Sweet died after
swallowing magnets that had fallen out of Magnetix toys. And it was
only then that the CPSC finally started to pay attention--but it wasn't
until the following March and an additional 4 children were
hospitalized with injuries that CPSC reached an agreement with the
manufacturer to issue a partial recall, and the public finally got an
inkling of what was going on.
The fundamental problem, even with the positive changes made by
Section 206 of this bill--Publicly Available Information on Incidents
Involving Injury or Death--is that right now, the only product
information one can find on the CPSC Web site is information about
products that CPSC has been both able to investigate and get
manufacturers' approval to release, or information that does not
identify which specific products are causing problems and is therefore
of no real use to consumers.
My amendment was very simple. It required the CPSC to create a
publicly searchable database that would allow consumers to access
specific reports CPSC obtains from doctors, hospitals or other
individuals of serious injury or death, or risk of serious injury or
death that may be due to a faulty or unsafe product. In addition,
manufacturers were required to send similar allegations they receive to
the CPSC for publication in the database. The language also required
CPSC to include a disclaimer that states that each report is provided
for informational purposes only and that the commission has not
investigated the report and cannot vouch for its accuracy, so that no
one would confuse a single report from a consumer with a formal recall
by the CPSC.

My amendment was developed to empower the public by enabling mothers
and fathers to find out whether a product they might buy for their
child might pose a risk--without waiting the months or years it could
take for CPSC to take action. Although the committee did not approve
this amendment, I hope that such protections can be added as this
legislation moves forward.
My second amendment would have restored the CPSC's authority to
investigate accidents occurring on rides located at amusement parks.
While CPSC has the authority to investigate rides that are transported
to carnivals and county fairs--and 15,000 other categories of consumer
products that can endanger consumers--there is no Federal regulation of
rides located at amusement parks.
A recent Washington Post report contained an extensive, front page
investigation of the dangerous consequences of this regulatory black
hole. It is entitled ``On Thrill Rides, Safety Is Optional--No Federal
Oversight of Theme Parks.'' I recommend this important article to my
colleagues.
My amendment was developed to put an end to a special interest
loophole that prevents Federal consumer safety experts from
investigating serious and sometimes fatal accidents even when they
believe action is merited. As a result of this loophole, children and
other ride enthusiasts are put at risk of serious injury and even death
due to the absence of any Federal regulation. States are left to
monitor the safety of these rides, and 23 States do not even permit
State authorities to investigate accidents that occur at fixed-site
amusement park rides within the State.
Some argued that State regulation is sufficient. I disagree. I
received a letter from a former senior executive in the amusement park
industry who also served as a board member for the International
Association of Amusement Parks and Attractions, IAAPA--the amusement
park industry's trade association. This individual was closely involved
in the effort in 1981 to carve out the loophole for fixed-site rides
that my amendment would have closed. In his letter, he wrote:
``Insurance programs mandated by States or maintained by the operating
amusement park companies are often touted as assuring ride safety but
many of these programs have gaping holes rendering the programs
essentially meaningless. Some State licensing or inspection programs
were created to serve not the public, but the industry, providing an
illusory aura of safety. I now believe that I was wrong 25 years ago
and that the industry should be regulated.''
As this industry insider has now admitted to himself, the time has
come to stop using the good intentions and vigorous safety efforts of a
few--be they an active State, a particularly attentive company, or even
a past board member of the industry's trade association--to cover up
the negligence, unsafe practices, and manufacturing defects that are
routinely maiming and killing children and adults on rides. Thousands
of people are injured every year on these rides, and people die on them
every year.
My amendment did not mandate the creation of a new fleet of CPSC
amusement park inspectors who would be required to fan out across the
country to check every amusement park ride. My amendment merely
permitted the CPSC--whenever it believed that the public safety would
be served--to investigate accidents at amusement parks, share
information with operators of rides across State lines, compile
statistics that help inform consumers about safety risks and take
similar actions to protect the public. Under current law, the hands of
CPSC inspectors are tied when it comes to rides at amusement parks,
which are off limits to Federal safety regulators. My amendment simply
would have freed these inspectors to investigate these rides, when CPSC
believes it is warranted. There are now about 90 safety inspectors,
some of whom currently investigate accidents at carnival rides--these
inspectors and others to be added under this bill--should be permitted
to check the safety and investigate accidents at amusement parks.
I am pleased that Chairman Rush committed to holding a hearing on
this important issue, and I hope that we will soon close the roller
coaster loophole, which continues to put children at risk when they
board rides at amusement parks around our country.
As this bill proceeds, I also hope that there will be advancements in
several other areas, including raising the cap on civil penalties for
safety violations, improving pre-market testing of toys and other
consumer products, and eliminating industry's ability to prevent
disclosure to the public of significant safety risks by tying the
commission up in Federal court.
Madam Speaker, I again commend Chairman Dingell and Chairman Rush for
their work on this important bill, and I look forward to working with
them in the future on the important consumer protection issues facing
our country.
Mr. VAN HOLLEN. Madam Speaker, I rise in support of the Consumer
Product Safety Modernization Act, H.R. 4040. Like all products of
compromise, it does not contain everything all of us would have liked.
But it is a positive step forward in an area of public policy crying
out for reform, and I am glad we are able to make this progress today.
Given recent press reports about unsafe levels of lead in children's
toys, this legislation appropriately establishes the toughest lead
standard in the world when it comes to children's products.
Additionally, while not going as far as it ultimately should, H.R. 4040
subjects a much broader range of products to independent, third-party
review.
I am also pleased that the Consumer Product Safety Modernization Act
reverses the recent underfunding of the Consumer Product Safety
Commission, CPSC, by increasing its authorization to $100 million by FY
2011--including an additional $20 million to modernize the CPSC's
testing lab. It is neither reasonable nor responsible to task an agency
with a job as important as protecting the public health without
providing the resources necessary to accomplish that task.
Finally, this bill takes concrete steps to improve public notice of
product recalls and strengthen enforcement against bad actors in the
consumer market.
As we begin discussions aimed at finalizing this legislation with the
Senate, I hope we will be able to make additional improvements to this
bill by broadening the scope of mandatory product testing, enhancing
families' right to know, and including robust whistleblower protections
for those courageous enough to Bring serious safety hazards to light.
Madam Speaker, the Consumer Product Safety Modernization Act is a
good start. I look forward to working with my colleagues to achieve the
strongest possible consumer protection legislation in the months ahead.
Ms. MATSUI. Madam Speaker, I rise today in strong support of H.R.
4040--the Consumer Product Safety Modernization Act of 2007, not only
as a Member of Congress, but as a grandmother as well. As I prepare to
spend the holidays with my grandchildren, Anna and Robby, it makes me
pause to consider how this legislation will benefit them and the
children and grandchildren across the country. This year we have
witnessed an unprecedented number of dangerous toys and products make
their way to the shelves of American stores, resulting in thousands of
recalls and Safety warnings. We cannot allow this trend of unsafe
products in our homes to continue. Congress must act.
The bill before us today, which I am proud to co-sponsor, will
improve the ability for the Consumer Product Safety Commission, CPSC,
to protect the American public from unsafe products. The CPSC has the
enormous

[[Page H16887]]

task of monitoring approximately 15,000 types of products. Over 27,000
deaths and 33 million injuries are associated with consumer products
each year. We must ensure that the CPSC has the resources and authority
necessary to ensure that the toys and products that we buy for our
loved ones are safe. This legislation does precisely that.
The Consumer Product Safety Modernization Act takes a number of
important steps to keep our children and grandchildren safe. For the
first time, we will have a standard set for levels of lead in
children's products. This will be one of the most rigorous standards in
the world. It will also increase civil penalties against manufacturers
of hazardous products, and establish a third-party certification and
testing system for children's products. These and the many other
provisions contained within H.R. 4040 will provide the CPSC with the
tools required to monitor the evergrowing number of products under its
jurisdiction.
Created in 1973 during the height of the consumer movement, the CSC
was unfortunately downsized during the 1980s. It has never recovered
from those changes, and has not been updated since 1990. Today's
legislation will also expand the authority of the CPSC to ensure that
only safe toys and products are in our stores and homes.
The CPSC exists to protect Americans from harmful products. We expect
that consumer products have been adequately screened and deemed safe
before they hit the shelves of our stores. Only by updating the CPSC
and expanding its authority can it's mission be accomplished in today's
globalized market. Public safety must always trump other concerns. The
generations of lawmakers that have gone before us had the wisdom to
invest in this agency, and it is now our responsibility to modernize
and make long overdue improvements to the CPSC that will keep American
families safe and restore faith in the agency.
I want to congratulate Chairman Dingell and the rest of the Energy
and Commerce Committee for their hard work on this bill. The
legislation that we are considering today has enjoyed strong bipartisan
support, clearly demonstrated by its unanimous approval by the full
committee. I hope that the House will come together in a similar
bipartisan way to advance this important bill.
Ms. ESHOO. Madam Speaker, I rise today in support of H.R. 4040, the
Consumer Product Safety Modernization Act.
This has been called the ``Year of the Recall'' because there's been
a complete failure by the Consumer Product Safety Commission to keep
harmful and sometimes lethal products from getting on the shelves. Red
tape, lax enforcement, and a shortage of resources at the CPSC have
contributed to the recent recalls. It's not a coincidence that 25.6
million toys were recalled from stores in fiscal year 2007, compared
with only 5 million toys in 2006. Things are falling through the cracks
at the CPSC, and it's the American consumers, especially children, who
are suffering.
It's become glaringly obvious that we can't rely on manufacturers to
police themselves, we need to give our chief consumer regulatory agency
the authority and the resources to get unsafe products off the shelves.
This bill is a significant improvement in product safety from the way
we're operating now. It provides additional funding to the CPSC and
bolsters the commission's ability to test and identify dangerous
products. It also authorizes State Attorneys General to bring action on
behalf of their residents to enforce federal consumer safety rules.
H.R. 4040 reduces lead levels in children's products, but in my view
it doesn't go far enough. The amendment I offered in committee would
have brought lead levels to 40 parts per million, the standard
recommended by the American Academy of Pediatrics. It's my hope that
the CPSC will take seriously its authority to adopt a more protective
standard if it makes the determination that it is feasible and
protective of human health.
I'm proud that my amendment to give the CPSC mandatory recall
authority is included in the bill. This is an important tool for the
CPSC to wield against the most nefarious companies who resist a recall
of their faulty products.
I support this bipartisan bill to protect American consumers,
especially children, and ask my colleagues to support it as well.
Mr. CUMMINGS. Madam Speaker, I rise today to share my strong support
of H.R 4040, the Consumer Product Safety Modernization Act. As we near
the end of the holiday shopping season, the critical nature of this
legislation cannot be overstated.
2007 truly has been the Year of Toxic Toys, and I join my colleagues,
as well as parents across the nation in expressing extreme alarm at not
only the number--more than 2 million--of toys that have been recalled,
but also at the names that have been associated with them--Toys 'R Us,
Fisher Price, and Mattel.
Madam Speaker, these are not just random toys being picked up at some
dime store; these are toys being produced by popular, long-established
companies whose names parents trust. Sadly, it appears that this trust
may be misplaced.
Toxic levels of lead in the paint have been detected on the popular
Thomas the Tank Engine. GHB--the date rape drug--was found in the
popular Aqua Dots, at levels high enough to put children in comas. I
could offer seemingly endless examples of the atrocities that have been
lining the shelves of our toy stores--and of our children's bedrooms--
with more regard being placed on profit over protecting children's
health. But, Madam Speaker, I will focus instead on something more
alarming than these toys themselves: how they are getting into the
market in the first place.
Madam Speaker, we have an agency called the Consumer Product Safety
Commission. Let me re-emphasize this--the Consumer Product Safety
Commission.
Its name alone suggests protection against hazardous products, so how
is it possible that parents are purchasing toys with 200 times the
legal level of lead?
How is it possible, that more than two million toys were able to slip
past this agency, which by definition is charged with being a watchdog
for our--and our children's--safety?
The answer, Madam Speaker, is that under the current administration
and the previous leadership in Congress, the CPSC has seen drastic cuts
in funding. More disturbing than the lax oversight of safety is the
chairwoman of the CPSC, Nancy Nord, voicing opposition to increased
funding or authority.
I cannot say that I have met anyone who is opposed to getting more
money--especially when the person in question is charged with an agency
whose mission is so critical--and especially when this agency has one
person--one person--assigned to testing toys.
Madam Speaker, only 15 inspectors are policing the hundreds of points
of entry for our imported toys--and I might add that 80 percent of toys
in the U.S. are imported from China. The CPSC has only 85 percent of
the employees it had in 2004, and only half of the employees it had 30
years ago.
This is shocking to the conscience and completely unacceptable. If
Ms. Nord and the CPSC are unwilling to do what they ought to do, we
must step in and do it ourselves. Our young people's health and futures
depend on it. With H.R. 4040, we are taking steps to protect our most
vulnerable consumer: our children.
This legislation bans all but trace amounts of lead in toys and
children's jewelry. It strengthens the CPSC's ability to notify
consumers about dangerous products more quickly and more widely. It
bans the importation of toys or other children's products that have not
been tested and do not conform to U.S. standards--meaning no more toys
containing the date rape drug.
And, although Ms. Nord did not want any monetary gifts, we will be
stuffing the CPSC's stocking with much needed supplemental funding this
holiday season.
In closing, I thank my friend and colleague, Representative Rush for
understanding the current crisis and for introducing this much needed
legislation.
Madam Speaker, I encourage all of my colleagues to join me in
supporting H.R. 4040. Let's come together to ensure that 2009 is the
Year of Safe Consumerism.
Mr. RUSH. Madam Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Illinois (Mr. Rush) that the House suspend the rules and
pass the bill, H.R. 4040, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. RUSH. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

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