[Congressional Record Volume 154, Number 30 (Monday, February 25, 2008)]
[Senate]
[Pages S1127-S1139]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. PRYOR (for himself, Mr. Stevens, Mr. Inouye, Ms. Collins, 
        Mr. Nelson of Florida, and Ms. Klobuchar):
  S. 2663. A bill to reform the Consumer Product Safety Commission to 
provide greater protection for children's products, to improve the 
screening of noncompliant consumer products, to improve the 
effectiveness of consumer product recall programs, and for other 
purposes; read the first time.
  Mr. PRYOR. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                S. 2663

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Consumer Product Safety Act.
Sec. 3. Reauthorization.
Sec. 4. Personnel.

[[Page S1128]]

Sec. 5. Full Commission requirement; interim quorum.
Sec. 6. Submission of copy of certain documents to congress.
Sec. 7. Public disclosure of information.
Sec. 8. Rulemaking.
Sec. 9. Prohibition on stockpiling under other Commission-enforced 
              statutes.
Sec. 10. Third party certification of children's products.
Sec. 11. Tracking labels for products for children.
Sec. 12. Substantial product hazard reporting requirement.
Sec. 13. Corrective action plans.
Sec. 14. Identification of manufacturer by importers, retailers, and 
              distributors.
Sec. 15. Prohibited acts.
Sec. 16. Penalties.
Sec. 17. Preemption.
Sec. 18. Sharing of information with Federal, State, local, and foreign 
              government agencies.
Sec. 19. Financial responsibility.
Sec. 20. Enforcement by State attorneys general.
Sec. 21. Whistleblower protections.
Sec. 22. Ban on children's products containing lead; lead paint rule.
Sec. 23. Alternative measures of lead content.
Sec. 24. Study of preventable injuries and deaths of minority children 
              related to certain consumer products.
Sec. 25. Cost-benefit analysis under the Poison Prevention Packaging 
              Act of 1970.
Sec. 26. Inspector general reports.
Sec. 27. Public internet website links.
Sec. 28. Child-resistant portable gasoline containers.
Sec. 29. Toy safety standard.
Sec. 30. All-terrain vehicle safety standard.
Sec. 31. Garage door opener standard.
Sec. 32. Reducing deaths and injuries from carbon monoxide poisoning.
Sec. 33. Completion of cigarette lighter rulemaking.
Sec. 34. Consumer product registration forms.
Sec. 35. Repeal.
Sec. 36. Consumer Product Safety Commission presence at National 
              Targeting Center of U.S. Customs and Border Protection.
Sec. 37. Development of risk assessment methodology to identify 
              shipments of consumer products that are likely to contain 
              consumer products in violation of safety standards.
Sec. 38. Seizure and destruction of imported products in violation of 
              consumer product safety standards.
Sec. 39. Database of manufacturing facilities and suppliers involved in 
              violations of consumer product safety standards.

     SEC. 2. AMENDMENT OF CONSUMER PRODUCT SAFETY ACT.

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

     SEC. 3. REAUTHORIZATION.

         (a) In General.--Section 32 (15 U.S.C. 2081) is amended--
         (1) by redesignating subsection (c) as subsection (e); 
     and
         (2) by striking subsections (a) and (b) and inserting the 
     following:
         ``(a) There are authorized to be appropriated to the 
     Commission for the purpose of carrying out the provisions of 
     this Act and any other provision of law the Commission is 
     authorized or directed to carry out--
         ``(1) $88,500,000 for fiscal year 2009;
         ``(2) $96,800,000 for fiscal year 2010;
         ``(3) $106,480,000 for fiscal year 2011;
         ``(4) $117,128,000 for fiscal year 2012;
         ``(5) $128,841,000 for fiscal year 2013;
         ``(6) $141,725,000 for fiscal year 2014.
         ``(7) $155,900,000 for fiscal year 2015.
         ``(b) There are authorized to be appropriated to the 
     Commission for the Office of Inspector General--
         ``(1) $1,600,000 for fiscal year 2009;
         ``(2) $1,770,000 for fiscal year 2010;
         ``(3) $1,936,000 for fiscal year 2011;
         ``(4) $2,129,600 for fiscal year 2012;
         ``(5) $2,342,560 for fiscal year 2013;
         ``(6) $2,576,820 for fiscal year 2014; and
         ``(7) $2,834,500 for fiscal year 2015.
         ``(c) There are authorized to be appropriated to the 
     Commission for the purpose of renovation, repair, 
     construction, equipping, and making other necessary capital 
     improvements to the Commission's research, development, and 
     testing facility (including bringing the facility into 
     compliance with applicable environmental, safety, and 
     accessibility standards), $40,000,000 for fiscal years 2009 
     and 2010.
         ``(d) There are authorized to be appropriated to the 
     Commission for research, in cooperation with the National 
     Institute of Science and Technology, the Food and Drug 
     Administration, and other relevant Federal agencies into 
     safety issues related to the use of nanotechnology in 
     consumer products, $1,000,000 for fiscal years 2009 and 
     2010.''.

     SEC. 4. PERSONNEL.

         (a) Professional Staff.--
         (1) In general.--The Consumer Product Safety Commission 
     shall increase the number of fulltime personnel employed by 
     the Commission to at least 500 by October 1, 2013, subject to 
     the availability of appropriations.
         (2) Ports of entry; overseas inspectors.--The Consumer 
     Product Safety Commission shall hire at least 50 additional 
     personnel to be assigned to duty stations at United States 
     ports of entry, or to inspect overseas production facilities, 
     by October 1, 2010, subject to the availability of 
     appropriations.
         (b) Professional Career Path.--The Commission shall 
     develop and implement a professional career development 
     program for professional staff to encourage retention of 
     career personnel and provide professional development 
     opportunities for Commission employees.

     SEC. 5. FULL COMMISSION REQUIREMENT; INTERIM QUORUM.

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

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

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

     SEC. 7. PUBLIC DISCLOSURE OF INFORMATION.

         Section 6 (15 U.S.C. 2055) is amended--
         (1) by inserting ``A manufacturer or private labeler 
     shall submit any such mark within 15 calendar days after the 
     date on which it receives the Commission's offer.'' after 
     ``paragraph (2).'' in subsection (a)(3);
         (2) by striking ``30 days'' in subsection (b)(1) and 
     inserting ``15 days'';
         (3) by striking ``finds that the public'' in subsection 
     (b)(1) and inserting ``publishes a finding that the public'';
         (4) by striking ``notice and publishes such a finding in 
     the Federal Register),'' in subsection (b)(1) and inserting 
     ``notice),'';
         (5) by striking ``10 days'' in subsection (b)(2) and 
     inserting ``5 days'';
         (6) by striking ``finds that the public'' in subsection 
     (b)(2) and inserting ``publishes a finding that the public'';
         (7) by striking ``notice and publishes such a finding in 
     the Federal Register.'' in subsection (b)(2) and inserting 
     ``notice.'';
         (8) in subsection (b)--
         (A) by striking ``(3)'' and inserting ``(3)(A)''; and
         (B) by adding at the end thereof the following:
         ``(B) If the Commission determines that the public health 
     and safety requires expedited consideration of an action 
     brought under subparagraph (A), the Commission may file a 
     request with the District Court for such expedited 
     consideration. If the Commission files such a request, the 
     District Court shall--
         ``(i) assign the matter for hearing at the earliest 
     possible date;
         ``(ii) give precedence to the matter, to the greatest 
     extent practicable, over all other matters pending on the 
     docket of the court at the time;
         ``(iii) expedite consideration of the matter to the 
     greatest extent practicable; and
         ``(iv) grant or deny the requested injunction within 30 
     days after the date on which the Commission's request was 
     filed with the court.'';
         (9) by striking ``section 19 (related to prohibited 
     acts);'' in subsection (b)(4) and inserting ``any consumer 
     product safety rule or provision of this Act or similar rule 
     or provision of any other Act enforced by the Commission;'';
         (10) by striking ``or'' after the semicolon in subsection 
     (b)(5)(B);
         (11) by striking ``disclosure.'' in subsection (b)(5)(C) 
     and inserting ``disclosure; or'';
         (12) by inserting in subsection (b)(5) after subparagraph 
     (C) the following:

[[Page S1129]]

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

     SEC. 8. RULEMAKING.

         (a) ANPR Requirement.--
         (1) In general.--Section 9 (15 U.S.C. 2058) is amended--
         (A) by striking ``shall be commenced'' in subsection (a) 
     and inserting ``may be commenced'';
         (B) by striking ``in the notice'' in subsection (b) and 
     inserting ``in a notice'';
         (C) by striking ``unless, not less than 60 days after 
     publication of the notice required in subsection (a), the'' 
     in subsection (c) and inserting ``unless the'';
         (D) by striking ``an advance notice of proposed 
     rulemaking under subsection (a) relating to the product 
     involved,'' in the third sentence of subsection (c) and 
     inserting ``the notice,''; and
         (E) by striking ``Register.'' in the matter following 
     paragraph (4) of subsection (c) and inserting ``Register. 
     Nothing in this subsection shall preclude any person from 
     submitting an existing standard or portion of a standard as a 
     proposed consumer product safety standard.''.
         (2) Conforming amendment.--Section 5(a)(3) (15 U.S.C. 
     2054(a)(3)) is amended by striking ``an advance notice of 
     proposed rulemaking or''.
         (b) Rulemaking Under Federal Hazardous Substances Act.--
         (1) In general.--Section 3(a) of the Federal Hazardous 
     Substances Act (15 U.S.C. 1262(a)) is amended to read as 
     follows:
         ``(a) Rulemaking.--
         ``(1) In general.--Whenever in the judgment of the 
     Commission such action will promote the objectives of this 
     Act by avoiding or resolving uncertainty as to its 
     application, the Commission may by regulation declare to be a 
     hazardous substance, for the purposes of this Act, any 
     substance or mixture of substances, which it finds meets the 
     requirements of section 2(f)(1)(A).
         ``(2) Procedure.--Proceedings for the issuance, 
     amendment, or repeal of regulations under this subsection and 
     the admissibility of the record of such proceedings in other 
     proceedings, shall be governed by the provisions of 
     subsections (f) through (i) of this section.''.
         (2) Procedure.--Section 2(q)(2) of the Federal Hazardous 
     Substances Act (15 U.S.C. 1261(q)(2)) is amended by striking 
     ``Proceedings for the issuance, amendment, or repeal of 
     regulations pursuant to clause (B) of subparagraph (1) of 
     this paragraph shall be governed by the provisions of 
     sections 701(e), (f), and (g) of the Federal Food, Drug, and 
     Cosmetic Act: Provided, That if'' and inserting ``Proceedings 
     for the issuance, amendment, or repeal of regulations 
     pursuant to clause (B) of subparagraph (1) of this paragraph 
     shall be governed by the provisions of subsections (f) 
     through (i) of section 3 of this Act, except that if''.
         (3) ANPR requirement.--Section 3 of the Federal Hazardous 
     Substances Act (15 U.S.C. 1262) is amended--
         (A) by striking ``shall be commenced'' in subsection (f) 
     and inserting ``may be commenced'';
         (B) by striking ``in the notice'' in subsection (g)(1) 
     and inserting ``in a notice''; and
         (C) by striking ``unless, not less than 60 days after 
     publication of the notice required in subsection (f), the'' 
     in subsection (h) and inserting ``unless the''.
         (4) Other conforming amendments.--The Federal Hazardous 
     Substances Act (15 U.S.C. 1261 et seq.) is amended--
         (A) by striking paragraphs (c) and (d) of section 2 and 
     inserting the following:
         ``(c) The term `Commission' means the Consumer Product 
     Safety Commission.'';
         (B) by striking ``Secretary'' each place it appears and 
     inserting ``Commission'' except--
         (i) in section 10(b) (15 U.S.C. 1269(b));
         (ii) in section 14 (15 U.S.C. 1273); and
         (iii) in section 21(a) (15 U.S.C. 1276(a));
         (C) by striking ``Department'' each place it appears, 
     except in sections 5(c)(6)(D)(i) and 14(b) (15 U.S.C. 
     1264(c)(6)(D)(i) and 1273(b)) , and inserting ``Commission'';
         (D) by striking ``he'' and ``his'' each place they appear 
     in reference to the Secretary and inserting ``it'' and 
     ``its'', respectively;
         (E) by striking ``Secretary of Health, Education, and 
     Welfare'' each place it appears in section 10(b) (15 U.S.C. 
     1269(b)) and inserting ``Commission'';
         (F) by striking ``Secretary of Health, Education, and 
     Welfare'' each place it appears in section 14 (15 U.S.C. 
     1273) and inserting ``Commission'';
         (G) by striking ``Department of Health, Education, and 
     Welfare'' in section 14(b) (15 U.S.C. 1273(b)) and inserting 
     ``Commission'';
         (H) by striking ``Consumer Product Safety Commission'' 
     each place it appears and inserting ``Commission'';
         (I) by striking ``(hereinafter in this section referred 
     to as the `Commission')'' in section 14(d) (15 U.S.C. 
     1273(d)) and section 20(a)(1) (15 U.S.C. 1275(a)(1)); and
         (J) by striking paragraph (5) of section 18(b) (15 U.S.C. 
     1261 note).
         (c) Rulemaking under Flammable Fabrics Act.--
         (1) In general.--Section 4 of the Flammable Fabrics Act 
     (15 U.S.C. 1193) is amended--
         (A) by striking ``shall be commenced'' in subsection (g) 
     and inserting ``may be commenced by a notice of proposed 
     rulemaking or''; and
         (B) by striking ``unless, not less than 60 days after 
     publication of the notice required in subsection (g), the'' 
     in subsection (i) and inserting ``unless the''.
         (2) Other conforming amendments.--The Flammable Fabrics 
     Act (15 U.S.C. 1193) is amended--
         (A) by striking paragraph (i) of section 2 (15 U.S.C. 
     1191(i)) and inserting the following:
         ``(i) The term `Commission' means the Consumer Product 
     Safety Commission.'';
         (B) by striking ``Secretary of Commerce'' each place it 
     appears and inserting ``Commission'';
         (C) by striking ``Secretary'' each place it appears and 
     inserting ``Commission'', except in sections 9 and 14 (15 
     U.S.C. 1198 and 1201);
         (D) by striking ``he'' and ``his'' each place they appear 
     in reference to the Secretary and inserting ``it'' and 
     ``its'', respectively;
         (E) by striking paragraph (5) of section 4(e) (15 U.S.C. 
     1193(e)) and redesignating paragraph (6) as paragraph (5);
         (F) by striking ``Consumer Product Safety Commission 
     (hereinafter in this section referred to as the 
     `Commission')'' in section 15 (15 U.S.C. 1202) and inserting 
     ``Commission'';
         (G) by striking section 16(d) (15 U.S.C. 1203(d)) and 
     inserting the following:
         ``(d) In this section, a reference to a flammability 
     standard or other regulation for a fabric, related material, 
     or product in effect under this Act includes a standard of 
     flammability continued in effect by section 11 of the Act of 
     December 14, 1967 (Public Law 90-189).''; and
         (H) by striking ``Consumer Product Safety Commission'' in 
     section 17 (15 U.S.C. 1204) and inserting ``Commission''.

     SEC. 9. PROHIBITION ON STOCKPILING UNDER OTHER COMMISSION-
                   ENFORCED STATUTES.

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

[[Page S1130]]

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

         (a) In General.--Section 14(a) (15 U.S.C. 2063(a)) is 
     amended--
         (1) by redesignating paragraph (2) as paragraph (5);
         (2) by striking ``Every manufacturer'' in paragraph (1) 
     and inserting ``Except as provided in paragraph (2), every 
     manufacturer'';
         (3) by designating the second and third sentences of 
     subsection (a) as paragraphs (3) and (4), respectively;
         (4) by inserting after paragraph (1) the following:
         ``(2) Beginning 60 days after the date on which the 
     Commission publishes notice of an interim procedure 
     designated under subsection (d)(2) of this section, every 
     manufacturer, or its designee, of a children's product (and 
     the private labeler, or its designee, of such product if it 
     bears a private label) manufactured or imported after such 
     60th day that is subject to a children's product safety 
     standard shall--
         ``(A) have the product tested by a third party laboratory 
     qualified to perform such tests or testing programs; and
         ``(B) issue a certification which shall--
         ``(i) certify that such product meets that standard; and
         ``(ii) specify the applicable children's product safety 
     standard.'';
         (5) by striking ``Such certificate shall'' in paragraph 
     (3) as redesignated by paragraph (1) and inserting ``A 
     certificate required under this subsection shall''; and
         (6) in paragraph (5), as redesignated by paragraph (1)--
         (A) by striking ``required by paragraph (1) of this 
     subsection,'' and inserting ``required by paragraph (1) or 
     (2) (as the case may be),''; and
         (B) by striking ``requirement under paragraph (1)'' and 
     inserting ``requirement under paragraph (1) or (2) (as the 
     case may be)''.
         (b) Testing programs.--Section 14(b) (15 U.S.C. 2063(b)) 
     is amended--
         (1) by inserting ``(1)'' before the first sentence;
         (2) by designating the second sentence as paragraph (2); 
     and
         (3) in paragraph (2), as so designated, by striking ``Any 
     test or'' and inserting ``Except as provided in subsection 
     (a)(2), any test or''.
         (c) Children's Products; Testing by Independent Third 
     Laboratories; Certification.--Section 14 (15 U.S.C. 2063) is 
     amended by adding at the end the following:
         ``(d) Application to Other Consumer Products; Certifier 
     Standards; Audit.--
         ``(1) In general.--The Commission--
         ``(A) within 1 year after the date of enactment of the 
     CPSC Reform Act shall by rule--
         ``(i) establish protocols and standards--

         ``(I) for acceptance of certification or continuing 
     guarantees of compliance by manufacturers under this section; 
     and
         ``(II) for verifying that products tested by third party 
     laboratories comply with applicable standards under this Act 
     and other Acts enforced by the Commission;

         ``(ii) prescribe standards for accreditation of third 
     party laboratories, either by the Commission or by 1 or more 
     independent standard-setting organizations to which the 
     Commission delegates authority, to engage in certifying 
     compliance under subsection (a)(2) for children's products or 
     products to which the Commission extends the certification 
     requirements of that subsection;
         ``(iii) establish requirements, or delegate authority to 
     1 or more independent standard-setting organizations, for 
     third party laboratory testing, as the Commission determines 
     to be necessary to ensure compliance with any applicable rule 
     or order, of random samples of products certified under this 
     section to determine whether they meet the requirements for 
     certification;
         ``(iv) establish requirements for periodic audits of 
     third party laboratories by an independent standard-setting 
     organization as a condition for accreditation of such 
     laboratories under this section; and
         ``(v) establish a program by which manufacturers may 
     label products as compliant with the certification 
     requirements of subsection (a)(2); and
         ``(B) may by rule extend the certification requirements 
     of subsection (a)(2) to other consumer products or to classes 
     or categories of consumer products.
         ``(2) Interim procedure.--Within 30 days after the date 
     of enactment of the CPSC Reform Act, the Commission shall--
         ``(A) consider existing laboratory testing certification 
     procedures established by independent standard-setting 
     organizations; and
         ``(B) designate an existing procedure, or existing 
     procedures, for manufacturers of children's products to 
     follow until the Commission issues a final rule under 
     paragraph (1)(A).
         ``(e) Definitions.--In this section:
         ``(1) Children's product.--The term `children's product' 
     means a product (other than a medication, drug, or food) 
     designed or intended for use by, or care of, a child 7 years 
     of age or younger that is introduced into the interstate 
     stream of commerce. In determining whether a product is 
     intended for use by a child 7 years of age or younger, the 
     following factors shall be considered:
         ``(A) A statement by a manufacturer about the intended 
     use of such product, including a label on such product, if 
     such statement is reasonable.
         ``(B) Whether the product is represented in its 
     packaging, display, promotion, or advertising as appropriate 
     for children 7 years of age or younger.
         ``(C) Whether the product is commonly recognized by 
     consumers as being intended for use by a child 7 years of age 
     or younger.
         ``(D) The Age Determination Guidelines issued by the 
     Commission in September 2002 and any subsequent version of 
     such Guideline.
         ``(2) Children's product safety standard.--The term 
     `children's product safety standard' means a consumer product 
     safety rule or standard under this Act or any other Act 
     enforced by the Commission, or a rule or classification under 
     this Act or any other Act enforced by the Commission 
     declaring a consumer product to be a banned hazardous product 
     or substance.
         ``(3) Third party laboratory.--
         ``(A) In general.--The term `third party laboratory' 
     means a testing entity that--
         ``(i) is designated by the Commission, or by an 
     independent standard-setting organization to which the 
     Commission qualifies as capable of making such a designation, 
     as a testing laboratory that is competent to test products 
     for compliance with applicable safety standards under this 
     Act and other Acts enforced by the Commission; and
         ``(ii) except as provided in subparagraph (C), is a non-
     governmental entity that is not owned, managed, or controlled 
     by the manufacturer or private labeler.
     ``(B) Testing and certification of art materials and 
     products.--A certifying organization (as defined in appendix 
     A to section 1500.14(b)(8) of title 16, Code of Federal 
     Regulations) meets the requirements of subparagraph (A)(ii) 
     with respect to the certification of art material and art 
     products required under this section or by regulations issued 
     under the Federal Hazardous Substances Act.
         ``(C) Firewalled proprietary laboratories.--Upon request, 
     the Commission may certify a laboratory that is owned, 
     managed, or controlled by the manufacturer or private labeler 
     as a third party laboratory if the Commission--
         ``(i) finds that certification of the laboratory would 
     provide equal or greater consumer safety protection than the 
     manufacturer's use of an independent third party laboratory;
         ``(ii) establishes procedures to ensure that the 
     laboratory is protected from undue influence, including 
     pressure to modify or hide test results, by the manufacturer 
     or private labeler; and
         ``(iii) establishes procedures for confidential reporting 
     of allegations of undue influence to the Commission.
         ``(D) Provisional certification.--
         ``(i) In general.--Upon application made to the 
     Commission less than 1 year after the date of enactment of 
     the CPSC Reform Act, the Commission may provide provisional 
     certification of a laboratory described in subparagraph (C) 
     of this paragraph, or a laboratory described in subparagraph 
     (A) of this paragraph, upon a showing that the laboratory--

         ``(I) is certified under laboratory testing certification 
     procedures established by an independent standard-setting 
     organization; or
         ``(II) provides consumer safety protection that is equal 
     to or greater than that which would be provided by use of an 
     independent third party laboratory.

         ``(ii) Deadline.--The Commission shall grant or deny any 
     such application within 45 days after receiving the completed 
     application.
         ``(iii) Expiration.--Any such certification shall expire 
     90 days after the date on which the Commission publishes 
     final rules under subsections (a)(2) and (d).
         ``(iv) Anti-gap provision.--Within 45 days after 
     receiving a complete application for certification under the 
     final rule prescribed under subsections (a)(2) and (d) of 
     this section from a laboratory provisionally certified under 
     this subparagraph, the Commission shall grant or deny the 
     application if the application is received by the Commission 
     no later than 45 days after the date on which the Commission 
     publishes such final rule.
         ``(E) Decertification.--The Commission, or an independent 
     standard-setting organization to which the Commission has 
     delegated such authority, may decertify a third party 
     laboratory (including a laboratory certified as a third party 
     laboratory under subparagraph (B) of this paragraph) if it 
     finds, after notice and investigation, that a manufacturer or 
     private labeler has exerted undue influence on the 
     laboratory.''.
         (d) Conforming Amendments.--Section 14(b) (15 U.S.C. 
     2063(b)) is amended--
         (1) by striking ``consumer products which are subject to 
     consumer product safety standards'' and inserting ``a 
     consumer product that is subject to a consumer product safety 
     standard, a children's product that is subject to a 
     children's product safety standard, or either such product 
     that is subject to any other rule under this Act (or a 
     similar rule under any other Act enforced by the 
     Commission)''; and
         (2) by striking ``, at the option of the person required 
     to certify the product,'' and inserting ``be required by the 
     Commission to''.
         (e) Label and Certification.--Not later than 1 year after 
     the date of enactment of this Act, the Consumer Product 
     Safety Commission shall prescribe a rule in accordance with 
     section 14(a)(5) and (d) of the Consumer Product Safety Act 
     (15 U.S.C. 2063(a)(5) and (d)) for children's products (as 
     defined in subsection (e) of such section).
         (f) Prohibition on Imports of Children's Products Without 
     Third Party

[[Page S1131]]

     Testing Certification.--Section 17(a) (15 U.S.C. 2066(a)) is 
     amended--
         (1) by striking ``or'' at the end of paragraph (4);
         (2) by striking ``(g).'' in paragraph (5) and inserting a 
     ``(g); or''; and
         (3) by adding at the end the following:
         ``(6) is a children's product, as that term is defined in 
     section 14(e), or a product for which the Commission, under 
     section 14(d)(1), has required certification under section 
     14(a)(2), that is not accompanied by a certificate from a 
     third party as required by section 14(a)(2).''.
         (g) CPSC Consideration of Existing Requirements.--In 
     establishing standards for laboratories certified to perform 
     testing under section 14 of the Consumer Product Safety Act, 
     as amended by this section, the Consumer Product Safety 
     Commission may consider standards and protocols for 
     certification of such laboratories by independent standard-
     setting organizations that are in effect on the date of 
     enactment of this Act, but shall ensure that the final rule 
     prescribed under subsections (a)(2) and (d) of that section 
     incorporates, as the standard for certification, the most 
     current scientific and technological standards and techniques 
     available.

     SEC. 11. TRACKING LABELS FOR PRODUCTS FOR CHILDREN.

         (a) Labeling Requirement for Internet and Catalogue 
     Advertising of Certain Toys and Games.--Section 24 of the 
     Federal Hazardous Substances Act (15 U.S.C. 1278) is 
     amended--
         (1) by redesignating subsections (c) and (d) as 
     subsections (d) and (e), respectively; and
         (2) by inserting after subsection (b) the following:
         ``(c) Internet, Catalogue, and Other Advertising.--
         ``(1) Requirement.--
         ``(A) Cautionary statement.--Any advertisement posted by 
     a manufacturer, retailer, distributor, private labeler, or 
     licensor for any toy, game, balloon, small ball, or marble 
     that requires a cautionary statement under subsections (a) 
     and (b), including any advertisement on Internet websites or 
     in catalogues or other distributed materials, shall include 
     the appropriate cautionary statement required under such 
     subsections in its entirety displayed on or immediately 
     adjacent to such advertisement. A manufacturer, distributor, 
     private labeler, or licensor that uses a retailer to 
     advertise a product shall inform the retailer of any 
     cautionary statement that may apply to such products in any 
     communication to the retailer that contains information about 
     the products to be advertised. The requirement imposed by the 
     preceding sentence shall only apply to advertisements by the 
     retailer if the manufacturer, importer, distributor, private 
     labeler, or licensor affirmatively informs the retailer that 
     such cautionary statement is required for the product.
         ``(B) Display.--The cautionary statement described in 
     subparagraph (A) shall be prominently displayed--
         ``(i) in the primary language used in the advertisement, 
     catalogue, or Internet website;
         ``(ii) in conspicuous and legible type in contrast by 
     typography, layout, or color with other material printed or 
     displayed in such advertisement; and
         ``(iii) in a manner consistent with part 1500 of title 
     16, Code of Federal Regulations.
         ``(C) Definitions.--In this paragraph, the terms 
     `manufacturer, retailer, distributor, private labeler, and 
     licensor'--
         ``(i) mean any individual who, by such individual's 
     occupation holds himself or herself out as having knowledge 
     or skill peculiar to consumer products, including any person 
     who is in the business of manufacturing, selling, 
     distributing, labeling, licensing, or otherwise placing in 
     the stream of commerce consumer products; but
         ``(ii) do not include an individual whose selling 
     activity is intermittent and does not constitute a trade or 
     business.
         ``(2) Enforcement.--The requirement under paragraph (1) 
     shall be treated as a consumer product safety standard 
     promulgated under section 7 of the Consumer Product Safety 
     Act (15 U.S.C. 2056). The publication or distribution of any 
     advertisement that is not in compliance with paragraph (1) 
     shall be treated as a prohibited act under section 19 of such 
     Act (15 U.S.C. 2068).''.
         (b) Tracking Labels for Products for Children.--Section 
     14(a) of the Consumer Product Safety Act (15 U.S.C. 2063(a)), 
     as amended by section 10(a) of this Act, is further amended 
     by adding at the end thereof the following:
         ``(6) Effective 1 year after the date of enactment of the 
     CPSC Reform Act, the manufacturer of a children's product or 
     other consumer product (as may be required by the Commission 
     in its discretion after a rulemaking proceeding) shall place 
     distinguishing marks on the product and its packaging, to the 
     extent practicable, that will enable the ultimate purchaser 
     to ascertain the manufacturer, production time period, and 
     cohort (including the batch, run number, or other identifying 
     characteristic) of production of the product by reference to 
     those marks.''.
         (c) Advertising, Labeling, and Packaging 
     Representation.--Section 14(c) (15 U.S.C. 2063(c)) is 
     amended--
         (1) by striking ``(c) The'' and inserting ``(c)(1) The'';
         (2) by striking ``rule)--'' and inserting ``rule):'';
         (3) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively;
         (4) by indenting the sentence beginning ``Such labels'' 
     and inserting ``(2)'' before ``Such labels''; and
         (5) by adding at the end thereof the following:
         ``(4) If an advertisement, label, or package contains a 
     reference to a consumer product safety standard, a statement 
     with respect to whether the product meets all applicable 
     requirements of that standard.''.

     SEC. 12. SUBSTANTIAL PRODUCT HAZARD REPORTING REQUIREMENT.

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

     SEC. 13. CORRECTIVE ACTION PLANS.

         Section 15(d) (15 U.S.C. 2064(d)) is amended--
         (1) by inserting ``(1)'' after ``(d)'';
         (2) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C);
         (3) by striking ``more (A)'' in subparagraph (C), as 
     redesignated, and inserting ``more (i)'';
         (4) by striking ``or (B)'' in subparagraph (C), as 
     redesignated, and inserting ``or (ii)'';
         (5) by striking ``whichever of the following actions the 
     person to whom the order is directed elects:'' and inserting 
     ``any one or more of the following actions it determines to 
     be in the public interest:'';
         (6) by indenting the sentence beginning ``An order'' and 
     inserting ``(2)'' before ``An order'';
         (7) by striking ``satisfactory to the Commission,'' and 
     inserting ``for approval by the Commission,'';
         (8) by striking ``described in paragraph (3).'' and 
     inserting ``described in paragraph (1)(C).''; and
         (9) by adding at the end the following:
         ``(3)(A) If the Commission approves an action plan, it 
     shall indicate its approval in writing.
         ``(B) If the Commission finds that an approved action 
     plan is not effective, or that the manufacturer, retailer, or 
     distributor is not executing an approved action plan 
     effectively, the Commission may by order amend, or require 
     amendment of, the action plan.
         ``(C) If the Commission determines, after notice and 
     opportunity for comment, that a manufacturer, retailer, or 
     distributor has failed to comply substantially with its 
     obligations under its action plan, the Commission may revoke 
     its approval of the action plan. The manufacturer, retailer, 
     or distributor to which the action plan applies may not 
     distribute the product to which the action plan relates in 
     commerce after receipt of notice of a revocation of the 
     action plan.''.

     SEC. 14. IDENTIFICATION OF MANUFACTURER BY IMPORTERS, 
                   RETAILERS, AND DISTRIBUTORS.

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

     SEC. 15. PROHIBITED ACTS.

         (a) Sale of Recalled Products.--Section 19(a) (15 U.S.C. 
     2068(a)) is amended--
         (1) by striking paragraph (1) and inserting the 
     following:
         ``(1) sell, offer for sale, manufacture for sale, 
     distribute in commerce, or import into the United States any 
     consumer product, or other product or substance that is 
     regulated under this Act or any other Act enforced by the 
     Commission, that is--
         ``(A) not in conformity with an applicable consumer 
     product safety standard under this Act, or any similar rule 
     under any such other Act;
         ``(B) subject to voluntary corrective action taken by the 
     manufacturer, in consultation with the Commission, of which 
     action the Commission has notified the public, but only if 
     the seller, distributor, or manufacturer knew or should have 
     known of such voluntary corrective action; or
         ``(C) subject to an order issued under section 12 or 15 
     of this Act, designated a banned

[[Page S1132]]

     hazardous substance under the Federal Hazardous Substances 
     Act (15 U.S.C. 1261 et seq.);'';
         (2) by striking ``or'' after the semicolon in paragraph 
     (7);
         (3) by striking ``and'' after the semicolon in paragraph 
     (8);
         (4) by striking ``insulation).'' in paragraph (9) and 
     inserting ``insulation);''; and
         (5) by striking ``18(b).'' in paragraph (10) and 
     inserting ``18(b); or''.
         (b) Export of Recalled Products.--
         (1) In general.--Section 18 (15 U.S.C. 2067) is amended 
     by adding at the end thereof the following:
         ``(c) Notwithstanding any other provision of law, the 
     Commission may prohibit a person from exporting from the 
     United States for purpose of sale any consumer product, or 
     other product or substance that is regulated under this Act 
     of any other Act enforced by the Commission, that the 
     Commission determines, after notice to the manufacturer--
         ``(1) is not in conformity with an applicable consumer 
     product safety standard under this Act or with a similar rule 
     under any such other Act and does not violate applicable 
     safety standards established by the importing country;
         ``(2) is subject to an order issued under section 12 or 
     15 of this Act or designated as a banned hazardous substance 
     under the Federal Hazardous Substances Act (15 U.S.C. 1261 et 
     seq.); or
         ``(3) is subject to voluntary corrective action taken by 
     the manufacturer, in consultation with the Commission, of 
     which action the Commission has notified the public and that 
     would have been subject to mandatory corrective action under 
     this Act or any other Act enforced by the Commission if 
     voluntary corrective action had not been taken by the 
     manufacturer, except that the Commission may permit such a 
     product to be exported if it meets applicable safety 
     standards established by the importing country.''.
         (2) Penalty.--Section 19(a) (15 U.S.C. 2068(a)), as 
     amended by subsection (a) of this section, is further 
     amended--
         (A) by striking ``or'' after the semicolon in paragraph 
     (10);
         (B) by striking ``37.'' in paragraph (11) and inserting 
     ``37; or''; and
         (C) by adding at the end thereof the following:
         ``(12) violate an order of the Commission under section 
     18(c).''.
         (3) Conforming amendments to other acts.--
         (A) Federal hazardous substances act.--Section 5(b)(3) of 
     the Federal Hazardous Substances Act (15 U.S.C. 1264(b)(3)) 
     is amended by striking ``substance presents an unreasonable 
     risk of injury to persons residing in the United States,'' 
     and inserting ``substance is prohibited under section 18(c) 
     of the Consumer Product Safety Act,''.
         (B) Flammable fabrics act.--Section 15 of the Flammable 
     Fabrics Act (15 U.S.C. 1202) is amended by adding at the end 
     thereof the following:
         ``(d)(1) Notwithstanding any other provision of law, 
     except as provided in paragraph (2), the Consumer Product 
     Safety Commission may prohibit a person from exporting from 
     the United States for purpose of sale any fabric, related 
     material, or product that the Commission determines, after 
     notice to the manufacturer--
         ``(A) is not in conformity with an applicable consumer 
     product safety standard under the Consumer Product Safety Act 
     or with a rule under this Act;
         ``(B) is subject to an order issued under section 12 or 
     15 of the Consumer Product Safety Act or designated as a 
     banned hazardous substance under the Federal Hazardous 
     Substances Act (15 U.S.C. 1261 et seq.); or
         ``(C) is subject to voluntary corrective action taken by 
     the manufacturer, in consultation with the Commission, of 
     which action the Commission has notified the public and that 
     would have been subject to mandatory corrective action under 
     this or another Act enforced by the Commission if voluntary 
     corrective action had not been taken by the manufacturer.
         ``(2) The Commmission may permit the exportation of a 
     fabric, related material, or product described in paragraph 
     (1) if it meets applicable safety standards of the country to 
     which it is being exported.''.
         (c) False Certification of Compliance With Testing 
     Laboratory Standard.--Section 19(a) (15 U.S.C. 2068(a)), as 
     amended by subsection (b)(2) of this section, is further 
     amended--
         (1) by striking ``or'' after the semicolon in paragraph 
     (11);
         (2) by striking ``18(c).'' in paragraph (12) and 
     inserting ``18(c); or''; and
         (3) by adding at the end thereof the following:
         ``(13) sell, offer for sale, distribute in commerce, or 
     import into the United States any consumer product bearing a 
     registered safety certification mark owned by an accredited 
     conformity assessment body, which mark is known, or should 
     have been known, by such person to be used in a manner 
     unauthorized by the owner of that certification mark.''.
         (d) Misrepresentation of Information in Investigation.--
     Section 19(a) (15 U.S.C. 2068(a)), as amended by subsection 
     (c) of this section, is further amended--
         (1) by striking ``or'' after the semicolon in paragraph 
     (12);
         (2) by striking ``false.'' in paragraph (13) and 
     inserting ``false; or''; and
         (3) by adding at the end thereof the following:
         ``(14) misrepresent to any officer or employee of the 
     Commission the scope of consumer products subject to an 
     action required under section 12 or 15, or to make a material 
     misrepresentation to such an officer or employee in the 
     course of an investigation under this Act or any other Act 
     enforced by the Commission.''.
         (e) Certificates of Compliance With Mandatory 
     Standards.--Section 19(a)(6) (15 U.S.C. 2068(a)(6)) is 
     amended to read as follows:
         ``(6) fail to furnish a certificate required by this Act 
     or any other Act enforced by the Commission, or to issue a 
     false certificate if such person in the exercise of due care 
     has reason to know that the certificate is false or 
     misleading in any material respect; or to fail to comply with 
     any rule under section 14(c);''.
         (f) Undue Influence on Third Party Laboratories.--Section 
     19(a) (15 U.S.C. 2068(a)), as amended by subsection (d) of 
     this section, is further amended--
         (1) by striking ``or'' after the semicolon in paragraph 
     (13);
         (2) by striking ``Commission.'' in paragraph (14) and 
     inserting ``Commission; or''; and
         (3) by adding at the end thereof the following:
         ``(15) exercise, or attempt to exercise, undue influence 
     on a third party laboratory (as defined in section 14(e)(2)) 
     with respect to the testing, or reporting of the results of 
     testing, of any product for compliance with a standard under 
     this Act or any other Act enforced by the Commission.''.

     SEC. 16. PENALTIES.

         (a) Civil Penalties.--
         (1) In general.--Section 20(a) (15 U.S.C. 2069(a)) is 
     amended--
         (A) by striking ``$5,000'' and inserting ``$250,000'';
         (B) by striking ``$1,250,000'' each place it appears and 
     inserting ``$20,000,000''; and
         (C) by striking ``December 1, 1994,'' in paragraph (3)(B) 
     and inserting ``December 1, 2011,''.
         (2) Federal hazardous substances act.--Section 5(c) of 
     the Federal Hazardous Substances Act (15 U.S.C. 1264(c)) is 
     amended--
         (A) by striking ``$5,000'' in paragraph (1) and inserting 
     ``$250,000'';
         (B) by striking ``$1,250,000'' each place it appears in 
     paragraph (1) and inserting ``$20,000,000''; and
         (C) by striking ``December 1, 1994,'' in paragraph (6)(B) 
     and inserting ``December 1, 2011,''.
         (3) Flammable fabrics act.--Section 5(e) of the Flammable 
     Fabrics Act (15 U.S.C. 1194(e)) is amended--
         (A) by striking ``$5,000'' in paragraph (1) and inserting 
     ``$250,000'';
         (B) by striking ``$1,250,000'' in paragraph (1) and 
     inserting ``$20,000,000''; and
         (C) by striking ``December 1, 1994,'' in paragraph (5)(B) 
     and inserting ``December 1, 2011,''.
         (4) Maximum penalty for certain violations.--Section 
     20(a)(1) (15 U.S.C. 2069(a)), section 5(c)(1) of the Federal 
     Hazardous Substances Act (15 U.S.C. 1264(c)), and section 
     5(e)(1) of the Flammable Fabrics Act (15 U.S.C. 1194(e)) are 
     each amended by inserting ``The Commission shall impose civil 
     penalties exceeding $10,000,000 under this paragraph only 
     when issuing a finding of aggravated circumstances.'' after 
     ``violations.''.
         (b) Criminal Penalties.--
         (1) In general.--Section 21(a) (15 U.S.C. 2070(a)) is 
     amended to read as follows:
         ``(a) Violation of section 19 of this Act is punishable 
     by--
         ``(1) imprisonment for not more than 5 years for a 
     knowing and willful violation of that section;
       ``(2) a fine determined under section 3571 of title 18, 
     United States Code; or
       ``(3) both.''.
       (2) Directors, officers, and agents.--Section 21(b) (15 
     U.S.C. 2070(b)) is amended by striking ``19, and who has 
     knowledge of notice of noncompliance received by the 
     corporation from the Commission,'' and inserting ``19''.
       (3) Under the federal hazardous substances act.--Section 
     5(a) of the Federal Hazardous Substances Act (15 U.S.C. 
     1264(a)) is amended by striking ``one year, or a fine of not 
     more than $3,000, or both such imprisonment and fine.'' and 
     inserting ``5 years, a fine determined under section 3571 of 
     title 18, United States Code, or both.''.
       (4) Under the flammable fabrics act.--Section 7 of the 
     Flammable Fabrics Act (15 U.S.C. 1196) is amended to read as 
     follows:


                              ``penalties

       ``Sec. 7. Violation of section 3 or 8(b) of this Act, or 
     failure to comply with section 15(c) of this Act, is 
     punishable by--
       ``(1) imprisonment for not more than 5 years for a knowing 
     and willful violation of that section;
       ``(2) a fine determined under section 3571 of title 18, 
     United States Code; or
       ``(3) both.''.
       (c) Civil Penalty Criteria.--Within 1 year after the date 
     of enactment of this Act, the Consumer Product Safety 
     Commission shall initiate a rulemaking in accordance with 
     section 553 of title 5, United States Code, to establish 
     criteria for the imposition of civil penalties under section 
     20 of the Consumer Product Safety Act (15 U.S.C. 2069) and 
     any other Act enforced by the Commission, including factors 
     to be considered in establishing the amount of such 
     penalties, such as

[[Page S1133]]

     repeat violations, the precedential value of prior 
     adjudicated penalties, the factors described in section 20(b) 
     of the Consumer Product Safety Act (15 U.S.C. 2069(b)), and 
     other circumstances.
       (d) Criminal Penalties To Include Asset Forfeiture.--
     Section 21 (15 U.S.C. 2070) is amended by adding at the end 
     thereof the following:
       ``(c)(1) In addition to the penalties provided by 
     subsection (a), the penalty for a criminal violation of this 
     Act or any other Act enforced by the Commission may include 
     the forfeiture of assets associated with the violation.
       ``(2) In this subsection, the term `criminal violation' 
     means a violation of this Act or any other Act enforced by 
     the Commission for which the violator is sentenced to pay a 
     fine, be imprisoned, or both.''.

     SEC. 17. PREEMPTION.

       The provisions of sections 25 and 26 of the Consumer 
     Product Safety Act (15 U.S.C. 2074 and 2075, respectively)), 
     section 18 of the Federal Hazardous Substances Act (15 U.S.C. 
     1261 note), section 16 of the Flammable Fabrics Act (15 
     U.S.C. 1203), and section 7 of the Poison Packaging 
     Prevention Act of 1970 (15 U.S.C. 1476) establishing the 
     extent to which those Acts preempt, limit, or otherwise 
     affect any other Federal, State, or local law, any rule, 
     procedure, or regulation, or any cause of action under State 
     or local law may not be expanded or contracted in scope, or 
     limited, modified or extended in application, by any rule or 
     regulation thereunder, or by reference in any preamble, 
     statement of policy, executive branch statements, or other 
     matter associated with the publication of any such rule or 
     regulation.

     SEC. 18. SHARING OF INFORMATION WITH FEDERAL, STATE, LOCAL, 
                   AND FOREIGN GOVERNMENT AGENCIES.

       Section 29 (15 U.S.C. 2078) is amended by adding at the end 
     thereof the following:
       ``(f)(1) The Commission may make information obtained by 
     the Commission under section 6 available to any Federal, 
     State, local, or foreign government agency upon the prior 
     certification of an appropriate official of any such agency, 
     either by a prior agreement or memorandum of understanding 
     with the Commission or by other written certification, that 
     such material will be maintained in confidence and will be 
     used only for official law enforcement or consumer protection 
     purposes, if--
       ``(A) the agency has set forth a bona fide legal basis for 
     its authority to maintain the material in confidence;
       ``(B) the materials are to be used for purposes of 
     investigating, or engaging in enforcement proceedings related 
     to, possible violations of--
       ``(i) laws regulating the manufacture, importation, 
     distribution, or sale of defective or unsafe consumer 
     products, or other practices substantially similar to 
     practices prohibited by any law administered by the 
     Commission;
       ``(ii) a law administered by the Commission, if disclosure 
     of the material would further a Commission investigation or 
     enforcement proceeding; or
       ``(iii) with respect to a foreign law enforcement agency, 
     with the approval of the Attorney General, other foreign 
     criminal laws, if such foreign criminal laws are offenses 
     defined in or covered by a criminal mutual legal assistance 
     treaty in force between the government of the United States 
     and the foreign law enforcement agency's government; and
       ``(C) the foreign government agency is not from a foreign 
     state that the Secretary of State has determined, in 
     accordance with section 6(j) of the Export Administration Act 
     of 1979 (50 U.S.C. App. 2405(j)), has repeatedly provided 
     support for acts of international terrorism, unless and until 
     such determination is rescinded pursuant to section 6(j)(4) 
     of that Act (50 U.S.C. App. 2405(j)(4)).
       ``(2) Except as provided in paragraph (3) of this 
     subsection, the Commission shall not be required to disclose 
     under section 552 of title 5, United States Code, or any 
     other provision of law--
       ``(A) any material obtained from a foreign government 
     agency, if the foreign government agency has requested 
     confidential treatment, or has precluded such disclosure 
     under other use limitations, as a condition of providing the 
     material;
       ``(B) any material reflecting a consumer complaint obtained 
     from any other foreign source, if the foreign source 
     supplying the material has requested confidential treatment 
     as a condition of providing the material; or
       ``(C) any material reflecting a consumer complaint 
     submitted to a Commission reporting mechanism sponsored in 
     part by foreign government agencies.
       ``(3) Nothing in this subsection shall authorize the 
     Commission to withhold information from the Congress or 
     prevent the Commission from complying with an order of a 
     court of the United States in an action commenced by the 
     United States or the Commission.
       ``(4) The Commission may terminate a memorandum of 
     understanding or other agreement with another agency if it 
     determines that the other agency has not handled information 
     made available by the Commission under paragraph (1) or has 
     failed to maintain confidentiality with respect to the 
     information.
       ``(5) In this subsection, the term `foreign government 
     agency' means--
       ``(A) any agency or judicial authority of a foreign 
     government, including a foreign state, a political 
     subdivision of a foreign state, or a multinational 
     organization constituted by and comprised of foreign states, 
     that is vested with law enforcement or investigative 
     authority in civil, criminal, or administrative matters; and
       ``(B) any multinational organization, to the extent that it 
     is acting on behalf of an entity described in subparagraph 
     (A).''.

     SEC. 19. FINANCIAL RESPONSIBILITY.

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


                       ``financial responsibility

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

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

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

     SEC. 20. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

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


                ``ENFORCEMENT BY STATE ATTORNEYS GENERAL

       ``Sec. 26A. (a) Except as provided in subsection (f), 
     whenever the attorney general of a State has reason to 
     believe that the interests of the residents of that State 
     have been, or are being, threatened or adversely affected by 
     a violation of any consumer product safety rule, regulation, 
     standard, certification or labeling requirement, or order 
     prescribed under this Act or any other Act enforced by the 
     Commission (including the sale of a voluntarily or 
     mandatorily recalled product or of a banned hazardous 
     substance or product), the State, as parens patriae, may 
     bring a civil action on behalf of its residents in an 
     appropriate district court of the United States to obtain 
     injunctive relief provided under such Act.
       ``(b) The State shall serve written notice to the 
     Commission of any civil action under subsection (a) at least 
     60 days prior to initiating such civil action. The notice 
     shall include a copy of the complaint to be filed to initiate 
     such civil action, except that if it is not feasible for the 
     State to provide such prior notice, the State shall provide 
     notice immediately upon instituting such civil action.
       ``(c) Upon receiving the notice required by subsection (b), 
     the Commission may intervene in such civil action and upon 
     intervening--
       ``(1) be heard on all matters arising in such civil action; 
     and
       ``(2) file petitions for appeal of a decision in such civil 
     action.
       ``(d) Nothing in this section shall prevent the attorney 
     general of a State from exercising the powers conferred on 
     the attorney general, or other authorized State officer, by 
     the laws of such State. Nothing in this section shall 
     prohibit the attorney general of a State, or other authorized 
     State officer, from proceeding in State or Federal court on 
     the basis of an alleged violation of any civil or criminal 
     statute of that State.
       ``(e) In a civil action brought under subsection (a)--
       ``(1) the venue shall be a judicial district in which--
       ``(A) the manufacturer, distributor, or retailer operates; 
     or
       ``(B) the manufacturer, distributor, or retailer is 
     authorized to do business;
       ``(2) process may be served without regard to the 
     territorial limits of the district or of the State in which 
     the civil action is instituted; and
       ``(3) a person who participated with a manufacturer, 
     distributor, or retailer in an alleged violation that is 
     being litigated in the civil action may be joined in the 
     civil action without regard to the residence of the person.
       ``(f) If the Commission has instituted a civil action or an 
     administrative action for violation of this Act or any other 
     Act enforced by the Commission, no State attorney

[[Page S1134]]

     general, or other official or agency of a State, may bring an 
     action under this section during the pendency of that action 
     against any defendant named in the complaint of the 
     Commission for any violation of this Act alleged in the 
     complaint.
       ``(g) If the attorney general of the State prevails in any 
     civil action under subsection (a), it can recover reasonable 
     costs and attorney fees from the manufacturer, distributor, 
     or retailer.''.
       (b) Conforming Amendment.--The table of contents is amended 
     by inserting after the item relating to section 26 the 
     following:

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

     SEC. 21. WHISTLEBLOWER PROTECTIONS.

       (a) In General.--The Act (15 U.S.C. 2051 et seq.), as 
     amended by section 19, is further amended by adding at the 
     end the following:


                       ``WHISTLEBLOWER PROTECTION

       ``Sec. 40. (a) No manufacturer, private labeler, 
     distributor, or retailer, nor any Federal, State, or local 
     government agency, may discharge an employee or otherwise 
     discriminate against an employee with respect to 
     compensation, terms, conditions, or privileges of employment 
     because the employee, whether at the employee's initiative or 
     in the ordinary course of the employee's duties (or any 
     person acting pursuant to a request of the employee)--
       ``(1) provided, caused to be provided, or is about to 
     provide or cause to be provided to the employer, the Federal 
     Government, or the attorney general of a State information 
     relating to any violation of, or any act or omission the 
     employee reasonably believes to be a violation of an order, 
     regulation, rule, or other provision of this Act or any other 
     Act enforced by the Commission;
       ``(2) testified or is about to testify in a proceeding 
     concerning such violation;
       ``(3) assisted or participated or is about to assist or 
     participate in such a proceeding; or
       ``(4) objected to, or refused to participate in, any 
     activity, policy, practice, or assigned task that the 
     employee (or other such person) reasonably believed to be in 
     violation of an order, regulation, rule, or other provision 
     of this Act or any other Act enforced by the Commission.
       ``(b)(1) A person who believes that he or she has been 
     discharged or otherwise discriminated against by any person 
     in violation of subsection (a) may, not later than 180 days 
     after the date on which such violation occurs, file (or have 
     any person file on his or her behalf) a complaint with the 
     Secretary of Labor alleging such discharge or discrimination 
     and identifying the person responsible for such act. Upon 
     receipt of such a complaint, the Secretary shall notify, in 
     writing, the person named in the complaint of the filing of 
     the complaint, of the allegations contained in the complaint, 
     of the substance of evidence supporting the complaint, and of 
     the opportunities that will be afforded to such person under 
     paragraph (2).
       ``(2)(A) Not later than 60 days after the date of receipt 
     of a complaint filed under paragraph (1) and after affording 
     the complainant and the person named in the complaint an 
     opportunity to submit to the Secretary a written response to 
     the complaint and an opportunity to meet with a 
     representative of the Secretary to present statements from 
     witnesses, the Secretary shall initiate an investigation and 
     determine whether there is reasonable cause to believe that 
     the complaint has merit and notify, in writing, the 
     complainant and the person alleged to have committed a 
     violation of subsection (a) of the Secretary's findings. If 
     the Secretary concludes that there is reasonable cause to 
     believe that a violation of subsection (a) has occurred, the 
     Secretary shall accompany the Secretary's findings with a 
     preliminary order providing the relief prescribed by 
     paragraph (3)(B). Not later than 30 days after the date of 
     notification of findings under this paragraph, either the 
     person alleged to have committed the violation or the 
     complainant may file objections to the findings or 
     preliminary order, or both, and request a hearing on the 
     record. The filing of such objections shall not operate to 
     stay any reinstatement remedy contained in the preliminary 
     order. Any such hearing shall be conducted expeditiously. If 
     a hearing is not requested in such 30-day period, the 
     preliminary order shall be deemed a final order that is not 
     subject to judicial review.
       ``(B)(i) The Secretary shall dismiss a complaint filed 
     under this subsection and shall not conduct an investigation 
     otherwise required under subparagraph (A) unless the 
     complainant makes a prima facie showing that any behavior 
     described in paragraphs (1) through (4) of subsection (a) was 
     a contributing factor in the unfavorable personnel action 
     alleged in the complaint.
       ``(ii) Notwithstanding a finding by the Secretary that the 
     complainant has made the showing required under clause (i), 
     no investigation otherwise required under subparagraph (A) 
     shall be conducted if the employer demonstrates, by clear and 
     convincing evidence, that the employer would have taken the 
     same unfavorable personnel action in the absence of that 
     behavior.
       ``(iii) The Secretary may determine that a violation of 
     subsection (a) has occurred only if the complainant 
     demonstrates that any behavior described in paragraphs (1) 
     through (4) of subsection (a) was a contributing factor in 
     the unfavorable personnel action alleged in the complaint.
       ``(iv) Relief may not be ordered under subparagraph (A) if 
     the employer demonstrates by clear and convincing evidence 
     that the employer would have taken the same unfavorable 
     personnel action in the absence of that behavior.
       ``(3)(A) Not later than 120 days after the date of 
     conclusion of any hearing under paragraph (2), the Secretary 
     shall issue a final order providing the relief prescribed by 
     this paragraph or denying the complaint. At any time before 
     issuance of a final order, a proceeding under this subsection 
     may be terminated on the basis of a settlement agreement 
     entered into by the Secretary, the complainant, and the 
     person alleged to have committed the violation.
       ``(B) If, in response to a complaint filed under paragraph 
     (1), the Secretary determines that a violation of subsection 
     (a) has occurred, the Secretary shall order the person who 
     committed such violation--
       ``(i) to take affirmative action to abate the violation;
       ``(ii) to reinstate the complainant to his or her former 
     position together with compensation (including back pay) and 
     restore the terms, conditions, and privileges associated with 
     his or her employment; and
       ``(iii) to provide compensatory damages to the complainant.

     If such an order is issued under this paragraph, the 
     Secretary, at the request of the complainant, shall assess 
     against the person against whom the order is issued a sum 
     equal to the aggregate amount of all costs and expenses 
     (including attorneys' and expert witness fees) reasonably 
     incurred, as determined by the Secretary, by the complainant 
     for, or in connection with, the bringing of the complaint 
     upon which the order was issued.
       ``(C) If the Secretary finds that a complaint under 
     paragraph (1) is frivolous or has been brought in bad faith, 
     the Secretary may award to the prevailing employer a 
     reasonable attorneys' fee, not exceeding $1,000, to be paid 
     by the complainant.
       ``(4) If the Secretary has not issued a final decision 
     within 210 days after the filing of the complaint, or within 
     90 days after receiving a written determination, the 
     complainant may bring an action at law or equity for review 
     in the appropriate district court of the United States with 
     jurisdiction, which shall have jurisdiction over such an 
     action without regard to the amount in controversy, and which 
     action shall, at the request of either party to such action, 
     be tried by the court with a jury. The proceedings shall be 
     governed by the same legal burdens of proof specified in 
     paragraph (2)(B). The court shall have jurisdiction to grant 
     all appropriate relief to the employee available by law or 
     equity, including injunctive relief, compensatory and 
     consequential damages, reasonable attorneys and expert 
     witness fees, court costs, and punitive damages up to 
     $250,000.
       ``(5)(A) Any person adversely affected or aggrieved by a 
     final order issued under paragraph (3) may obtain review of 
     the order in the United States Court of Appeals for the 
     circuit in which the violation, with respect to which the 
     order was issued, allegedly occurred or the circuit in which 
     the complainant resided on the date of such violation. The 
     petition for review must be filed not later than 60 days 
     after the date of the issuance of the final order of the 
     Secretary. Review shall conform to chapter 7 of title 5, 
     United States Code. The commencement of proceedings under 
     this subparagraph shall not, unless ordered by the court, 
     operate as a stay of the order.
       ``(B) An order of the Secretary with respect to which 
     review could have been obtained under subparagraph (A) shall 
     not be subject to judicial review in any criminal or other 
     civil proceeding.
       ``(6) Whenever any person has failed to comply with an 
     order issued under paragraph (3), the Secretary may file a 
     civil action in the United States district court for the 
     district in which the violation was found to occur, or in the 
     United States district court for the District of Columbia, to 
     enforce such order. In actions brought under this paragraph, 
     the district courts shall have jurisdiction to grant all 
     appropriate relief including, but not limited to, injunctive 
     relief and compensatory damages.
       ``(7)(A) A person on whose behalf an order was issued under 
     paragraph (3) may commence a civil action against the person 
     to whom such order was issued to require compliance with such 
     order. The appropriate United States district court shall 
     have jurisdiction, without regard to the amount in 
     controversy or the citizenship of the parties, to enforce 
     such order.
       ``(B) The court, in issuing any final order under this 
     paragraph, may award costs of litigation (including 
     reasonable attorneys' and expert witness fees) to any party 
     whenever the court determines such award is appropriate.
       ``(c) Any nondiscretionary duty imposed by this section 
     shall be enforceable in a mandamus proceeding brought under 
     section 1361 of title 28, United States Code.
       ``(d) Subsection (a) shall not apply with respect to an 
     employee of a manufacturer, private labeler, distributor, or 
     retailer who, acting without direction from such 
     manufacturer, private labeler, distributor, or retailer (or 
     such person's agent), deliberately causes a violation of any 
     requirement relating to any violation or alleged violation of 
     any order, regulation, or consumer product safety standard 
     under this Act or any other law enforced by the 
     Commission.''.
       (b) Conforming Amendment.--The table of contents, as 
     amended by section 19 of this Act, is further amended by 
     inserting after the item relating to section 39 the 
     following:

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

[[Page S1135]]

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

       (a) In General.--Beginning on the date that is 1 year after 
     the date of enactment of this Act, any children's product (as 
     defined in section 14(e) of the Consumer Product Safety Act 
     (15 U.S.C. 2063(e))) that contains lead shall be treated as a 
     banned hazardous substance under the Federal Hazardous 
     Substances Act (15 U.S.C. 1261 et seq.).
       (b) Trace Amounts of Lead.--
       (1) Initial standard.--For purposes of subsection (a), a 
     children's product shall be considered to contain lead if any 
     part of the product contains lead or lead compounds and the 
     lead content of such part (calculated as lead metal) is 
     greater than 0.03 percent by weight of the total weight of 
     such part (or such lesser amount as may be established by the 
     Commission by regulation).
       (2) Reduced threshold.--
       (A) In general.--Beginning on the date that is 3 years 
     after the date of enactment of this Act, paragraph (1) shall 
     be applied by substituting ``0.01 percent'' for ``0.03 
     percent'' unless the Consumer Product Safety Commission 
     determines that a standard of 0.01 percent is not 
     technologically feasible. The Commission may make such a 
     determination only after notice and a hearing and after 
     analyzing the public health protections associated with 
     substantially reducing lead in children's products.
       (B) Alternative reduction.--If the Commission determines 
     under subparagraph (A) that the 0.01 percent standard is not 
     technologically feasible, the Commission shall, by 
     regulation, establish a lesser amount that is the lowest 
     amount of lead, lower than 0.03 percent by weight, the 
     Commission determines to be technologically feasible to 
     achieve. The amount of lead established by the Commission 
     under the preceding sentence shall be substituted for the 
     0.03 percent standard under paragraph (1) beginning on the 
     date that is 3 years after the date of enactment of this Act.
       (c) Exceptions.--
       (1) Inaccessible components.--After notice and a hearing, 
     the Commission may determine that subsection (a) does not 
     apply to a component of a children's product that is not 
     accessible to a child because it is not physically exposed by 
     reason of a sealed covering or casing and will not become 
     physically exposed through normal and reasonably foreseeable 
     use and abuse of the product. In making its determination 
     under this paragraph, the Commission may not consider paint, 
     coatings, or electroplating to be a barrier that would render 
     lead in the substrate inaccessible to a child through normal 
     and reasonably foreseeable use and abuse of the product.
       (2) Electronics.--If the Commission determines that it is 
     not feasible for certain electronic devices, including 
     batteries, to comply with subsection (a) at the time the 
     regulations take effect, the Commission shall, by 
     regulation--
       (A) issue standards to reduce the exposure of and 
     accessibility to lead in such electronic devices; and
       (B) establish a schedule by which such electronic devices 
     shall be in full compliance with the regulations prescribed 
     under subsection (a).
       (d) Regulations.--Notwithstanding the provisions of 
     subsection (b), the Commission may by regulation establish 
     such lower thresholds for lead content in children's products 
     than those set forth in subsection (b) as the Commission 
     finds to be technologically feasible.
       (e) Paint Standard for All Products.--Effective on the date 
     that is 1 year after the date of enactment of this Act, the 
     Consumer Product Safety Commission shall modify section 
     1303.1 of its regulations (16 C.F.R. 1303.1) by substituting 
     ``0.009 percent'' for ``0.06 percent'' in subsection (a) of 
     that section.
       (f) Application With ASTM F963.--To the extent that any 
     standard or rule promulgated by the Consumer Product Safety 
     Commission under this section (or any section of the Consumer 
     Product Safety Act or any other Act enforced by the 
     Commission, as such Acts are affected by this section) is 
     inconsistent with the ASTM F963 standard, such promulgated 
     standard or rule shall supersede the ASTM F963 standard to 
     the extent of the inconsistency.

     SEC. 23. ALTERNATIVE MEASURES OF LEAD CONTENT.

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

     SEC. 24. STUDY OF PREVENTABLE INJURIES AND DEATHS OF MINORITY 
                   CHILDREN RELATED TO CERTAIN CONSUMER PRODUCTS.

       (a) In General.--Within 90 days after the date of enactment 
     of this Act, the Government Accountability Office shall 
     initiate a study to assess disparities in the risks and 
     incidence of preventable injuries and deaths among children 
     of minority populations, including Black, Hispanic, American 
     Indian, Alaskan Native, and Asian/Pacific Islander children 
     in the United States.
       (b) Requirements.--The study shall examine the racial 
     disparities of the rates of preventable injuries and deaths 
     related to suffocation, poisonings, and drowning including 
     those associated with the use of cribs, mattresses and 
     bedding materials, swimming pools and spas, and toys and 
     other products intended for use by children.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall report its 
     findings to the Senate Commerce, Science, and Transportation 
     Committee and the House of Representatives Energy and 
     Commerce Committee. The report shall include--
       (1) the Commission's findings on the incidence of 
     preventable risks of injury and death among children of 
     minority populations and recommendations for minimizing such 
     increased risks;
       (2) recommendations for public outreach, awareness, and 
     prevention campaigns specifically aimed at racial minority 
     populations; and
       (3) recommendations for education initiatives that may 
     reduce current statistical disparities.
       (d) Authorization.--There are authorized to be appropriated 
     to the Commission $500,000 for purposes of carrying out this 
     section for fiscal year 2009.

     SEC. 25. COST-BENEFIT ANALYSIS UNDER THE POISON PREVENTION 
                   PACKAGING ACT OF 1970.

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

     SEC. 26. INSPECTOR GENERAL REPORTS.

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

     SEC. 27. PUBLIC INTERNET WEBSITE LINKS.

       Not later than 30 days after the date of enactment of this 
     Act, the Consumer Product Safety Commission shall establish 
     and maintain--
       (1) a direct link on the homepage of its Internet website 
     to the Internet website of the Commission's Office of 
     Inspector General; and

[[Page S1136]]

       (2) a mechanism on the homepage of the Office of Inspector 
     General's Internet website by which individuals may 
     anonymously report cases of waste, fraud, or abuse with 
     respect to the Commission.

     SEC. 28. CHILD-RESISTANT PORTABLE GASOLINE CONTAINERS.

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

     SEC. 29. TOY SAFETY STANDARD.

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

     SEC. 30. ALL-TERRAIN VEHICLE SAFETY STANDARD.

       (a) In General.--The Act (15 U.S.C. 2051 et seq.), as 
     amended by section 21 of this Act, is further amended by 
     adding at the end thereof the following:


                 ``ALL-TERRAIN VEHICLE SAFETY STANDARD

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

[[Page S1137]]

       ``(2) ATV action plan.--The term `ATV action plan' means a 
     written plan or letter of undertaking that describes actions 
     the manufacturer or distributor agrees to take to promote ATV 
     safety, including rider training, dissemination of safety 
     information, age recommendations, other policies governing 
     marketing and sale of the vehicles, the monitoring of such 
     sales, and other safety related measures, and that is 
     substantially similar to the plans described under the 
     heading The Undertakings of the Companies in the Commission 
     Notice published in the Federal Register on September 9, 1998 
     (63 FR 48199-48204).''.
       (b) GAO Study.--The Comptroller General shall conduct a 
     study of the utility, recreational, and other benefits of 
     all-terrain vehicles to which section 38 of the Consumer 
     Product Safety Act (15 U.S.C. 2085) applies, and the costs 
     associated with all-terrain vehicle-related accidents and 
     injuries.
       (c) Conforming Amendment.--The table of contents, as 
     amended by section 21 of this Act, is further amended by 
     inserting after the item relating to section 40 the 
     following:

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

     SEC. 31. GARAGE DOOR OPENER STANDARD.

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

     SEC. 32. REDUCING DEATHS AND INJURIES FROM CARBON MONOXIDE 
                   POISONING.

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

     SEC. 33. COMPLETION OF CIGARETTE LIGHTER RULEMAKING.

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

     SEC. 34. CONSUMER PRODUCT REGISTRATION FORMS.

       (a) Consumer Product Registration Forms.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall, pursuant to its 
     authority under section 16(b) of the Consumer Product Safety 
     Act (15 U.S.C. 2065(b)), promulgate final consumer product 
     safety rules that require manufacturers of durable infant or 
     toddler products--
       (A) in accordance with paragraph (2), to provide consumers 
     with postage-paid consumer registration forms with each such 
     product;
       (B) in accordance with paragraph (5), to maintain a record 
     of the names, addresses, e-mail addresses, and other contact 
     information of consumers who register their ownership of such 
     products with the manufacturer in order to improve the 
     effectiveness of manufacturer campaigns to recall such 
     products; and
       (C) to place permanently the manufacturer name and contact 
     information, model name and number, and the date of 
     manufacture on each durable infant or toddler product.
       (2) Requirements for registration forms.--
       (A) In general.--The registration forms required by 
     paragraph (1)(A) shall provide space sufficiently large to 
     permit easy, legible recording of the information specified 
     in subparagraph (B)(i).
       (B) Elements.--Such forms shall include the following:
       (i) Spaces for a consumer to provide the following:

       (I) The consumer's name.
       (II) The consumer's postal address.
       (III) The consumer's telephone number.
       (IV) The consumer's e-mail address.

       (ii) The manufacturer's name.
       (iii) The model name and number for the product.
       (iv) The date of manufacture of the product.
       (v) A message that--

       (I) explains the purpose of the registration; and
       (II) is designed to encourage consumers to complete the 
     registration.

       (vi) A statement that information provided by the consumer 
     shall not be used for any purpose other than to facilitate a 
     recall of or safety alert regarding that product.
       (vii) A message that explains the option to register via 
     the Internet, as required by paragraph (4).
       (C) Placement.--Such form shall be attached to the surface 
     of each durable infant or toddler product so that, as a 
     practical matter, the consumer will notice and handle the 
     form after purchasing the product.
       (3) Text and format of registration forms.--In promulgating 
     regulations under paragraph (1), the Commission may prescribe 
     the exact text and format of such form.
       (4) Internet registration.--In promulgating regulations 
     under paragraph (1), the Commission shall require 
     manufacturers of durable infant or toddler products to 
     provide a mechanism for consumers to submit to the 
     manufacturer via the Internet electronic versions of the 
     registration forms required by paragraph (1)(A).
       (5) Record keeping and notification requirements.--
       (A) In general.--The rules promulgated under paragraph (1) 
     shall require each manufacturer of a durable infant or 
     toddler product--
       (i) to maintain a record of consumers who register for such 
     product that includes all of the information provided by such 
     consumers; and
       (ii) to use such information to notify such consumers in 
     the event of a voluntary or involuntary recall of, or safety 
     alert regarding, such product.
       (B) Period of maintenance.--Such rules shall require such 
     manufacturers of durable infant or toddler products to 
     maintain the records described in subparagraph (A)(i) for a 
     period of not less than 6 years after the date of manufacture 
     of the product concerned.
       (C) Limitation on use of information collected.--The rules 
     promulgated under paragraph (1) shall prohibit manufacturers 
     from using or disseminating to any other party the 
     information collected by the manufacturer under this 
     subsection for any purpose other than notification to the 
     consumer concerned in the event of a product recall or safety 
     alert regarding the product concerned.
       (D) Reservation.--Nothing in this section requires a 
     manufacturer to collect, retain, or use any information 
     unless it is provided by the consumer.
       (b) Report and Study.--Not later than 4 years after the 
     date of enactment of this Act, the Commission shall--
       (1) conduct a study on the effectiveness of the rules 
     promulgated under subsection (a) in facilitating product 
     recalls; and
       (2) submit to Congress a report on the findings of the 
     Commission with respect to the study required by paragraph 
     (1).
       (c) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Consumer 
     Product Safety Commission.
       (2) Durable infant or toddler product.--The term ``durable 
     infant or toddler product'' means a durable product intended 
     for use by, or that may be reasonably expected to be used by, 
     children younger than the age of 5 years, including the 
     following:
       (A) Full-size cribs and nonfull-size cribs.
       (B) Toddler beds.
       (C) High chairs, booster chairs, and hook-on chairs.
       (D) Bath seats.
       (E) Gates and other enclosures for confining a child.
       (F) Play yards.
       (G) Stationary activity centers.
       (H) Infant carriers.
       (I) Strollers.
       (J) Walkers.
       (K) Swings.
       (L) Bassinets and cradles.

     SEC. 35. REPEAL.

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

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

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

[[Page S1138]]

     are imported into the customs territory of the United States.

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

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

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

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

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

       (a) Documentation of Acts and Omissions.--If the Consumer 
     Product Safety Commission discovers evidence that a violation 
     of a consumer product safety rule was the result of an act or 
     omission by a manufacturing facility or supplier, the 
     Commission shall document the following:
       (1) The date on which the violation occurred.
       (2) A description of the violation and the circumstances 
     that led to the violation.
       (3) Details of the act or omission and the relation of such 
     act or omission to the violation.
       (4) Identifying information about the manufacturing 
     facility or supplier, including the name and address of such 
     manufacturing facility or supplier.
       (b) Database.--The Consumer Product Safety Commission shall 
     establish and maintain a database that contains the 
     following:
       (1) All of the information documented under subsection (a).
       (2) Any information submitted under subsection (d).
       (c) Notice.--The Commission shall take reasonable steps to 
     provide notice to each manufacturing facility or supplier 
     documented in the database required by subsection (b) of the 
     inclusion of such manufacturing facility or supplier in such 
     database and the reasons for such inclusion.
       (d) Comments.--The Commission shall establish a process by 
     which a manufacturing facility or supplier included in the 
     database required by subsection (b) for an act or omission 
     described in subsection (a) may submit information to the 
     Commission for inclusion in the database. Such information 
     may consist of--
       (1) evidence refuting evidence contained in the database 
     that a violation described in subsection (a) was the result 
     of an act or omission by such manufacturing facility or 
     supplier; and
       (2) evidence of remedial measures taken by such 
     manufacturing facility or supplier to correct such act or 
     omission.
       Information submitted under this subsection shall be 
     treated the same as information in the database for purposes 
     of subsections (g) and (h).
       (e) Availability of Database to U.S. Customs and Border 
     Protection.--The Consumer Product Safety Commission shall 
     make the database established under subsection (b) available 
     on a real-time basis to the Commissioner responsible for the 
     U.S. Customs and Border Protection of the Department of 
     Homeland Security.
       (f) Use of Database by U.S. Customs and Border 
     Protection.--The Commissioner responsible for the U.S. 
     Customs and Border Protection of the Department of Homeland 
     Security shall use the information stored in the database 
     required by subsection (b) in determining--
       (1) whether a container being imported into the United 
     States contains consumer products that are in violation of a 
     consumer product safety standard of the Commission; and
       (2) whether action should be taken with respect to any 
     consumer products in such container under section 17 of the 
     Consumer Product Safety Act (15 U.S.C. 2066).
       (g) Limitation on Disclosure of Information in Database.--
       (1) In general.--The Consumer Product Safety Commission and 
     the Commissioner responsible for the U.S. Customs and Border 
     Protection of the Department of Homeland Security shall not 
     disclose any information contained in or provide access to 
     the database required by subsection (b) to any person except 
     as provided in paragraph (2), provided that this limitation 
     does not apply to the disclosure of information that was 
     collected, received, or maintained by the Commission for 
     purpose other than inclusion in the database.
       (2) Exception for law enforcement and national security.--
     The Consumer Product Safety Commission and the Commissioner 
     responsible for the U.S. Customs and Border Protection of the 
     Department of Homeland Security may disclose information 
     contained in and provide access to the database required by 
     subsection (b) to a law enforcement agency or an intelligence 
     agency of the United States if the Commission or the 
     Commissioner determine that such disclosure is necessary--
       (A) to prevent a crime; or
       (B) to detect, prevent, or respond to a threat to national 
     security.
       (3) Exemption from freedom of information act disclosure 
     requirements.--The database required by subsection (b) shall 
     not be subject to the disclosure requirements of section 552 
     or 552A of title 5, United States Code.
       (h) Limitation on Use of Information in Database for 
     Certain Civil or Criminal Penalties.--
       (1) Prohibition on imposition by consumer product safety 
     commission of penalties solely on basis of database.--The 
     Consumer Product Safety Commission may not impose any penalty 
     under section 20 or 21 of the Consumer Product Safety Act (15 
     U.S.C. 2069, 2070) on any person solely on the inclusion of 
     information on a person in the database required by 
     subsection (b).
       (2) Prohibition on imposition by u.s. customs and border 
     protection of penalties solely on basis of database.--
     Notwithstanding any other provision of law, the Commissioner 
     responsible for the U.S. Customs and Border Protection of the 
     Department of Homeland Security may not impose any civil or 
     criminal penalty on any person solely on the inclusion of 
     information on a person in the database required by 
     subsection (b).
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

[[Page S1139]]

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