[Congressional Record Volume 154, Number 36 (Tuesday, March 4, 2008)]
[Senate]
[Pages S1531-S1545]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4091. Mr. INOUYE (for himself and Mr. Stevens) submitted an 
amendment intended to be proposed by him to the bill S. 2663, to reform 
the Consumer Product Safety Commission to provide greater protection 
for children's products, to improve the screening of noncompliant 
consumer products, to improve the effectiveness of consumer product 
recall programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

           TITLE     --COMMERCIAL SEAFOOD CONSUMER PROTECTION

     SEC. --01. SHORT TITLE.

       This title may be cited as the ``Commercial Seafood 
     Consumer Protection Act''.

     SEC. --02. SEAFOOD SAFETY.

       (a) In General.--The Secretary of Commerce shall, in 
     coordination with the Secretary of Health and Human Services 
     and other appropriate Federal agencies, establish a program 
     to strengthen Federal activities for ensuring that 
     commercially distributed seafood in the United States meets 
     the food quality and safety requirements of Federal law.
       (b) Memorandum of Understanding.--The Secretary of Commerce 
     and the Secretary of Health and Human Services shall enter 
     into an agreement within 180 days after enactment of this Act 
     to strengthen cooperation on seafood safety. The agreement 
     shall include provisions for--
       (1) cooperative arrangements for examining and testing 
     seafood imports;
       (2) coordination of inspections of foreign facilities;
       (3) technical assistance and training of foreign facilities 
     for marine aquaculture, technical assistance for foreign 
     governments concerning United States regulatory requirements, 
     and appropriate information transfer arrangements between the 
     United States and foreign governments;
       (4) developing a process for expediting imports of seafood 
     into the United States from foreign countries and exporters 
     that consistently adhere to the highest standards for 
     ensuring seafood safety;
       (5) establishing a system to track shipments of seafood in 
     the distribution chain within the United States;
       (6) labeling requirements to assure species identity and 
     prevent fraudulent practices;

[[Page S1532]]

       (7) a process by which officers and employees of the 
     National Oceanic and Atmospheric Administration and National 
     Marine Fisheries Service may be commissioned by the Secretary 
     of Health and Human Services for seafood examinations and 
     investigations conducted under section 801 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 381);
       (8) the sharing of information concerning observed non-
     compliance with United States food requirements domestically 
     and in foreign countries and new regulatory decisions and 
     policies that may affect regulatory outcomes; and
       (9) conducting joint training on subjects that affect and 
     strengthen seafood inspection effectiveness by Federal 
     authorities.

     SEC. --03. CERTIFIED LABORATORIES.

       Within 180 days after the date of enactment of this Act, 
     the Secretary of Commerce, in consultation with the Secretary 
     of Health and Human Services, shall increase the number of 
     laboratories certified to the standards of the Food and Drug 
     Administration in the United States and in countries that 
     export seafood to the United States for the purpose of 
     analyzing seafood and ensuring that it complies with Federal 
     law. Such laboratories may include Federal, State, and 
     private facilities. The Secretary of Commerce shall publish 
     in the Federal Register a list of certified laboratories, and 
     shall update the list, and publish the updated list, no less 
     frequently than annually.

     SEC. --04. NOAA LABORATORIES.

       In any fiscal year beginning after the date of enactment of 
     this Act, the Secretary of Commerce may increase the number 
     and capacity of laboratories operated by the National Oceanic 
     and Atmospheric Administration involved in carrying out 
     testing and other activities under this title to the extent 
     the Secretary determines that increased laboratory capacity 
     is necessary to carry out the provisions of this title and as 
     provided for in appropriations Acts.

     SEC. --05. CONTAMINATED SEAFOOD.

       (a) Refusal of Entry.--The Secretary of Health and Human 
     Services shall issue an order refusing admission into the 
     United States of all imports of seafood or seafood products 
     originating from a country or exporter if the Secretary 
     determines, on the basis of reliable evidence, that shipments 
     of such seafood or seafood products is not likely to meet the 
     requirements of Federal law.
       (b) Increased Testing.--If the Secretary determines, on the 
     basis of reliable evidence that seafood imports originating 
     from a country may not meet the requirements of Federal law, 
     and determines that there is a lack of adequate certified 
     laboratories to provide for the entry of shipments pursuant 
     to section --03, then the Secretary shall order an increase 
     in the percentage of shipments tested of seafood originating 
     from such country to improve detection of potential 
     violations of such requirements.
       (c) Allowance of Individual Shipments from Exporting 
     Country or Exporter.--Notwithstanding an order under 
     subsection (a) with respect to seafood originating from a 
     country or exporter, the Secretary may permit individual 
     shipments of seafood originating in that country or from that 
     exporter to be admitted into the United States if--
       (1) the exporter presents evidence from a laboratory 
     certified by the Secretary that a shipment of seafood meets 
     the requirements of Federal law;
       (2) the Secretary, or an entity commissioned to carry out 
     examinations and investigations under section 702(a) of the 
     Federal Food, Cosmetic, and Drug Act (21 U.S.C. 372(a)), has 
     inspected the shipment and has found that the shipment meets 
     the requirements of Federal law.
       (d) Cancellation of Order.--The Secretary may cancel an 
     order under subsection (a) with respect to seafood exported 
     from a country or exporter if all shipments into the United 
     States under subsection (c) of seafood originating in that 
     country or from that exporter more than 1 year after the date 
     on which the Secretary issued the order have been found, 
     under the procedures described in subsection (c), to meet the 
     requirements of Federal law. If the Secretary determines that 
     an exporter has failed to comply with the requirements of an 
     order under subsection (a), the 1-year period in the 
     preceding sentence shall run from the date of that 
     determination rather than the date on which the order was 
     issued.
       (e) Reliable Evidence Defined.--In this section, the term 
     ``reliable evidence'' includes--
       (1) the detection of failure to meet Federal law 
     requirements under subsection (a) by the Secretary;
       (2) the detection of all seafood products that fail to meet 
     Federal law requirements by an entity commissioned to carry 
     out examinations and investigations under section 702(a) of 
     the Federal Food, Cosmetic, and Drug Act (21 U.S.C. 372(a)) 
     or a laboratory certified under subsection (c);
       (3) findings from an inspection team formed under section 
     --06; or
       (4) the detection by other importing countries of non-
     compliance of shipments of seafood or seafood products that 
     originate from the exporting country or exporter.
       (f) Effect.--This section shall be in addition to, and 
     shall have no effect on, the authority of the Secretary of 
     Health and Human Services under the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 301 et seq.) with respect to seafood, 
     seafood products, or any other product.

     SEC. --06. INSPECTION TEAMS.

       The Secretary of Commerce, in cooperation with the 
     Secretary of Health and Human Services, may send 1 or more 
     inspectors to a country or exporter from which seafood 
     exported to the United States originates. The inspection team 
     will assess whether any prohibited drug, practice, or process 
     is being used in connection with the farming, cultivation, 
     harvesting, preparation for market, or transportation of such 
     seafood. The inspection team shall prepare a report for the 
     Secretary with its findings. The Secretary of Commerce shall 
     cause the report to be published in the Federal Register no 
     later than 90 days after the inspection team makes its final 
     report. The Secretary of Commerce shall notify the country or 
     exporter through appropriate means as to the findings of the 
     report no later than the date on which the report is 
     published in the Federal Register. A country may offer a 
     rebuttal to the assessment within 90 days after publication 
     of the report.

     SEC. --07. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated for each of fiscal 
     years 2009 through 2013, for purposes of carrying out the 
     provisions of this title, $15,000,000.
                                 ______
                                 
  SA 4092. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 2663, to reform the Consumer Product Safety 
Commission to provide greater protection for children's products, to 
improve the screening of noncompliant consumer products, to improve the 
effectiveness of consumer product recall programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 103, after line 12, add the following:

     SEC. 40. EQUESTRIAN HELMETS.

       (a) Standards.--
       (1) In general.--Every equestrian helmet manufactured on or 
     after the date that is 9 months after the date of the 
     enactment of this Act shall meet--
       (A) the interim standard specified in paragraph (2), 
     pending the establishment of a final standard pursuant to 
     paragraph (3); and
       (B) the final standard, once that standard has been 
     established under paragraph (3).
       (2) Interim standard.--The interim standard for equestrian 
     helmets is the American Society for Testing and Materials 
     (ASTM) standard designated as F 1163.
       (3) Final standard.--
       (A) Requirement.--Not later than 60 days after the date of 
     the enactment of this Act, the Consumer Product Safety 
     Commission shall begin a proceeding under section 553 of 
     title 5, United States Code--
       (i) to establish a final standard for equestrian helmets 
     that incorporates all the requirements of the interim 
     standard specified in paragraph (2);
       (ii) to provide in the final standard a mandate that all 
     approved equestrian helmets be certified to the requirements 
     promulgated under the final standard by an organization that 
     is accredited to certify personal protection equipment in 
     accordance with ISO Guide 65; and
       (iii) to include in the final standard any additional 
     provisions that the Commission considers appropriate.
       (B) Inapplicability of certain laws.--Sections 7, 9, and 
     30(d) of the Consumer Product Safety Act (15 U.S.C. 2056, 
     2058, and 2079(d)) shall not apply to the proceeding under 
     this subsection, and section 11 of such Act (15 U.S.C. 2060) 
     shall not apply with respect to any standard issued under 
     such proceeding.
       (C) Effective date.--The final standard shall take effect 
     not later than 1 year after the date it is issued.
       (4) Failure to meet standards.--
       (A) Failure to meet interim standard.--Until the final 
     standard takes effect, an equestrian helmet that does not 
     meet the interim standard, required under paragraph (1)(A), 
     shall be considered in violation of a consumer product safety 
     standard promulgated under the Consumer Product Safety Act.
       (B) Status of final standard.--The final standard developed 
     under paragraph (3) shall be considered a consumer product 
     safety standard promulgated under the Consumer Product Safety 
     Act.
       (b) Grants Regarding Use of Safe Equestrian Helmets.--
       (1) Authority to award grants.--The Secretary of Commerce 
     may award grants to States, political subdivisions of States, 
     Indian tribes, tribal organizations, public organizations, 
     and private nonprofit organizations for activities that 
     encourage individuals to wear approved equestrian helmets.
       (2) Application.--A State, political subdivisions of 
     States, Indian tribes, tribal organizations, public 
     organizations, and private nonprofit organizations seeking a 
     grant under this section shall submit to the Secretary an 
     application for the grant, in such form and containing such 
     information as the Secretary may require.
       (3) Review before award.--
       (A) Review.--The Secretary shall review each application 
     for a grant under this section in order to ensure that the 
     applicant for the grant will use the grant for the purposes 
     described in subsection (c).
       (B) Scope of programs.--In reviewing applications for 
     grants, the Secretary shall permit applicants wide discretion 
     in designing programs that effectively promote increased use 
     of approved equestrian helmets.

[[Page S1533]]

       (c) Purposes of Grants.--A grant under subsection (b) may 
     be used by a grantee to--
       (1) educate individuals and their families on the 
     importance of wearing approved equestrian helmets in a proper 
     manner in order to improve equestrian safety;
       (2) provide assistance to individuals who may not be able 
     to afford approved equestrian helmets to enable such 
     individuals to acquire such helmets; or
       (3) carry out any combination of activities described in 
     paragraphs (1) and (2).
       (d) Report to Congress.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Commerce shall 
     submit to the appropriate committees of Congress a report on 
     the effectiveness of grants awarded under subsection (b).
       (2) Contents.--The report shall include a list of grant 
     recipients, a summary of the types of programs implemented by 
     the grant recipients, and any recommendations that the 
     Secretary considers appropriate regarding modification or 
     extension of the authority under subsection (b).
       (3) Definition of appropriate committees of congress.--In 
     this subsection, the term ``appropriate committees of 
     Congress'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     and the Committee on Health, Education, Labor, and Pensions 
     of the Senate; and
       (B) the Committee on Energy and Commerce of the House of 
     Representatives.
       (e) Authorizations of Appropriations.--
       (1) Consumer product safety commission.--There is 
     authorized to be appropriated to the Consumer Product Safety 
     Commission to carry out activities under subsection (a), 
     $500,000 for fiscal year 2009, which amount shall remain 
     available until expended.
       (2) Department of commerce.--There is authorized to be 
     appropriated to the Department of Commerce to carry out 
     subsection (b), $100,000 for each of fiscal years 2009, 2010, 
     and 2011.
       (f) Definitions.--In this section:
       (1) Approved equestrian helmet.--The term ``approved 
     equestrian helmet'' means an equestrian helmet that meets--
       (A) the interim standard specified in subsection (a)(2), 
     pending establishment of a final standard under subsection 
     (a)(3); and
       (B) the final standard, once it is effective under 
     subsection (a)(3).
       (2) Equestrian helmet.--The term ``equestrian helmet'' 
     means a hard shell head covering intended to be worn while 
     participating in an equestrian event or activity.
                                 ______
                                 
  SA 4093. Ms. MIKULSKI submitted an amendment intended to be proposed 
by her to the bill S. 2663, to reform the Consumer Product Safety 
Commission to provide greater protection for children's products, to 
improve the screening of noncompliant consumer products, to improve the 
effectiveness of consumer product recall programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. LABELING OF CLONED FOOD.

       (a) Amendments to the Federal Food, Drug, and Cosmetic 
     Act.--
       (1) In general.--Section 403 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 343) is amended by adding at the end 
     the following:
       ``(z)(1) If it contains cloned product unless it bears a 
     label that provides notice in accordance with the following:
       ``(A) A notice as follows: `THIS PRODUCT IS FROM A CLONED 
     ANIMAL OR ITS PROGENY'.
       ``(B) The notice required in clause (A) is of the same size 
     as would apply if the notice provided nutrition information 
     that is required in paragraph (q)(1).
       ``(C) The notice required under clause (A) is clearly 
     legible and conspicuous.
       ``(2) For purposes of this paragraph:
       ``(A) The term `cloned animal' means--
       ``(i) an animal produced as the result of somatic cell 
     nuclear transfer; and
       ``(ii) the progeny of such an animal.
       ``(B) The term `cloned product' means a product or 
     byproduct derived from or containing any part of a cloned 
     animal.
       ``(3) This paragraph does not apply to food that is a 
     medical food as defined in section 5(b) of the Orphan Drug 
     Act.
       ``(4)(A) The Secretary, in consultation with the Secretary 
     of Agriculture, shall require that any person that prepares, 
     stores, handles, or distributes a cloned product for retail 
     sale maintain a verifiable recordkeeping audit trail that 
     will permit the Secretary to verify compliance with this 
     paragraph and paragraph (aa).
       ``(B) The Secretary, in consultation with the Secretary of 
     Agriculture, shall publish in the Federal Register the 
     procedures established by such Secretaries to verify 
     compliance with the recordkeeping audit trail system required 
     under clause (A).
       ``(C) The Secretary, in consultation with the Secretary of 
     Agriculture, shall, on annual basis, submit to Congress a 
     report that describes the progress and activities of the 
     recordkeeping audit trail system and compliance verification 
     procedures required under this subparagraph.
       ``(aa) If it bears a label indicating (within the meaning 
     of paragraph (z)) that it does not contain cloned product, 
     unless the label is in accordance with regulations 
     promulgated by the Secretary. With respect to such 
     regulations:
       ``(1) The regulations may not require such a label to 
     include any statement indicating that the fact that a food 
     does not contain such product has no bearing on the safety of 
     the food for human consumption.
       ``(2) The regulations may not prohibit such a label on the 
     basis that, in the case of the type of food involved, there 
     is no version of the food in commercial distribution that 
     does contain such product.''.
       (2) Civil penalties.--Section 303 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding 
     at the end the following subsection:
       ``(g)(1) With respect to a violation of section 301(a), 
     301(b), or 301(c) involving the misbranding of food within 
     the meaning of section 403(z) or 403(aa), any person engaging 
     in such a violation shall be liable to the United States for 
     a civil penalty in an amount not to exceed $100,000 for each 
     such violation.
       ``(2) Paragraphs (3) through (5) of subsection (f) apply 
     with respect to a civil penalty under paragraph (1) of this 
     subsection to the same extent and in the same manner as such 
     paragraphs (3) through (5) apply with respect to a civil 
     penalty under paragraph (1) or (2) of subsection (f).''.
       (3) Guaranty.--
       (A) In general.--Section 303(d) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 333(d)) is amended--
       (i) by striking ``(d)'' and inserting ``(d)(1)''; and
       (ii) by adding at the end the following paragraph:
       ``(2) Subject to section 403(z)(4), no person shall be 
     subject to the penalties of subsection (a)(1) or (h) for a 
     violation of section 301(a), 301(b), or 301(c) involving the 
     misbranding of food within the meaning of section 403(z) and 
     403(aa) if such person (referred to in this paragraph as the 
     `recipient') establishes a guaranty or undertaking signed by, 
     and containing the name and address of, the person residing 
     in the United States from whom the recipient received in good 
     faith the food to the effect that (within the meaning of 
     section 403(z)) the food does not contain any cloned 
     product.''.
       (B) False guaranty.--Section 301(h) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 331(h)) is amended by 
     inserting ``or 303(d)(2)'' after ``303(c)(2)''.
       (4) Citizen suits.--Chapter III of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 331 et seq.) is amended by adding 
     at the end the following section:

     ``SEC. 311. CITIZEN SUITS REGARDING MISBRANDING OF FOOD WITH 
                   RESPECT TO PRODUCT FROM CLONED ANIMALS.

       ``(a) In General.--Except as provided in subsection (c), 
     any person may on his or her behalf commence a civil action 
     in an appropriate district court of the United States 
     against--
       ``(1) a person who is alleged to have engaged in a 
     violation of section 301(a), 301(b), or 301(c) involving the 
     misbranding of food within the meaning of section 403(z) or 
     403(aa); or
       ``(2) the Secretary where there is alleged a failure of the 
     Secretary to perform any act or duty under section 403(z) or 
     403(aa) that is not discretionary.
       ``(b) Relief.--In a civil action under subsection (a), the 
     district court involved may, as the case may be--
       ``(1) enforce the compliance of a person with the 
     applicable provisions referred to paragraph (1) of such 
     subsection; or
       ``(2) order the Secretary to perform an act or duty 
     referred to in paragraph (2) of such subsection.
       ``(c) Limitations.--
       ``(1) Notice to secretary.--A civil action may not be 
     commenced under subsection (a)(1) prior to 60 days after the 
     plaintiff has provided to the Secretary notice of the 
     violation involved.
       ``(2) Relation to actions of secretary.--A civil action may 
     not be commenced under subsection (a)(2) if the Secretary has 
     commenced and is diligently prosecuting a civil or criminal 
     action in a district court of the United States to enforce 
     compliance with the applicable provisions referred to in 
     subsection (a)(1).
       ``(d) Right of Secretary to Intervene.--In any civil action 
     under subsection (a), the Secretary, if not a party, may 
     intervene as a matter of right.
       ``(e) Award of Costs; Filing of Bond.--In a civil action 
     under subsection (a), the district court involved may award 
     costs of litigation (including reasonable attorney and expert 
     witness fees) to any party whenever the court determines such 
     an award is appropriate. The court may, if a temporary 
     restraining order or preliminary injunction is sought, 
     require the filing of a bond or equivalent security in 
     accordance with the Federal Rules of Civil Procedure.
       ``(f) Savings Provision.--This section does not restrict 
     any right that a person (or class of persons) may have under 
     any statute or common law to seek enforcement of the 
     provisions referred to subsection (a)(1), or to seek any 
     other relief (including relief against the Secretary).''.
       (b) Amendments to the Federal Meat Inspection Act.--
       (1) Requirements for labeling regarding cloned meat food 
     products.--The Federal Meat Inspection Act is amended by 
     inserting after section 7 (21 U.S.C. 607) the following:

[[Page S1534]]

     ``SEC. 7A. REQUIREMENTS FOR LABELING REGARDING CLONED MEAT 
                   FOOD PRODUCTS.

       ``(a) Definitions.--In this section:
       ``(1) Cloned animal.--The term `cloned animal' means--
       ``(A) an animal produced as the result of somatic cell 
     nuclear transfer; and
       ``(B) the progeny of such an animal.
       ``(2) Cloned product.--The term `cloned product' means a 
     product or byproduct derived from or containing any part of a 
     cloned animal.
       ``(3) Cloned meat food product.--The term `cloned meat food 
     product' means a meat food product that contains a cloned 
     product.
       ``(b) Labeling Requirement.--
       ``(1) Required labeling to avoid misbranding.--
       ``(A) Involvement of cloned meat food product.--For 
     purposes of sections 1(n) and 10, a meat food product is 
     misbranded if the meat food product--
       ``(i) is a cloned meat food product; and
       ``(ii) does not bear a label (or include labeling, in the 
     case of a meat food product that is not packaged in a 
     container) that provides, in a clearly legible and 
     conspicuous manner, the notice described in subsection (c).
       ``(B) No involvement of cloned meat food product.--
       ``(i) In general.--For purposes of sections 1(n) and 10, a 
     meat food product is misbranded if the meat food product 
     bears a label indicating that the meat food product is not a 
     cloned meat food product, unless the label is in accordance 
     with regulations promulgated by the Secretary.
       ``(ii) Requirements.--In promulgating regulations referred 
     to in clause (i), the Secretary may not--

       ``(I) require a label to include any statement indicating 
     that the fact that a meat food product is not a cloned meat 
     food product has no bearing on the safety of the food for 
     human consumption; or
       ``(II) prohibit a label on the basis that, in the case of 
     the type of meat food product involved, there is no version 
     of the meat food product in commercial distribution that is 
     not a cloned meat food product.

       ``(2) Audit verification system.--
       ``(A) In general.--The Secretary, in consultation with the 
     Secretary of Health and Human Services, shall require that 
     any person that manufactures, produces, distributes, stores, 
     or handles a meat food product maintain a verifiable 
     recordkeeping audit trail that will permit the Secretary to 
     verify compliance with the labeling requirements described in 
     paragraph (1).
       ``(B) Publication.--The Secretary, in consultation with the 
     Secretary of Health and Human Services, shall publish in the 
     Federal Register the procedures established by the 
     Secretaries to verify compliance with the recordkeeping audit 
     trail system required under subparagraph (A).
       ``(C) Report.--The Secretary, in consultation with the 
     Secretary of Health and Human Services, shall, on annual 
     basis, submit to Congress a report that describes the 
     progress and activities of the recordkeeping audit trail 
     system and compliance verification procedures required under 
     this paragraph.
       ``(c) Specifics of Label Notice.--
       ``(1) Required notice.--The notice referred to in 
     subsection (b)(1)(A)(ii) is the following: `THIS PRODUCT IS 
     FROM A CLONED ANIMAL OR ITS PROGENY'.
       ``(2) Size.--The notice required in paragraph (1) shall be 
     of the same size as if the notice provided nutrition 
     information that is required under section 403(q)(1) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(1)).
       ``(d) Guaranty.--
       ``(1) In general.--Subject to subsection (b)(2) and 
     paragraph (2), a person engaged in the business of 
     manufacturing or processing meat food products, or selling or 
     serving meat food products at retail or through a food 
     service establishment (referred to in this subsection as the 
     `recipient') shall not be considered to have violated this 
     section with respect to the labeling of a meat food product 
     if the recipient establishes a guaranty or undertaking signed 
     by, and containing the name and address of, the person 
     residing in the United States from whom the recipient 
     received in good faith the meat food product or the animal 
     from which the meat food product was derived, or received in 
     good faith food intended to be fed to the animal, to the 
     effect that the meat food product, or the animal, or the meat 
     food product, respectively, does not contain a cloned product 
     or was not produced with a cloned product.
       ``(2) Audit verification system.--In the case of recipients 
     who establish guaranties or undertakings in accordance with 
     paragraph (1), the Secretary may exempt the recipients from 
     the requirement under subsection (b)(2) regarding maintaining 
     a verifiable recordkeeping audit trail.
       ``(3) False guaranty.--It is a violation of this Act for a 
     person to give a guaranty or undertaking in accordance with 
     paragraph (1) that the person knows or has reason to know is 
     false.
       ``(e) Civil Penalties.--
       ``(1) In general.--The Secretary may assess a civil penalty 
     against a person that violates subsection (b) or (c) in an 
     amount not to exceed $100,000 for each violation.
       ``(2) Notice and opportunity for hearing.--
       ``(A) In general.--A civil penalty under paragraph (1) 
     shall be assessed by the Secretary by an order made on the 
     record after opportunity for a hearing provided in accordance 
     with this paragraph and section 554 of title 5, United States 
     Code.
       ``(B) Written notice.--Before issuing an order under 
     subparagraph (A), the Secretary shall--
       ``(i) give written notice to the person to be assessed a 
     civil penalty under the order of the proposal of the 
     Secretary to issue the order; and
       ``(ii) provide the person an opportunity for a hearing on 
     the order.
       ``(C) Authorizations.--In the course of any investigation, 
     the Secretary may issue subpoenas requiring the attendance 
     and testimony of witnesses and the production of evidence 
     that relates to the matter under investigation.
       ``(3) Considerations regarding amount of penalty.--In 
     determining the amount of a civil penalty under paragraph 
     (1), the Secretary shall consider--
       ``(A) the nature, circumstances, extent, and gravity of the 
     1 or more violations; and
       ``(B) with respect to the violator--
       ``(i) ability to pay;
       ``(ii) effect on ability to continue to do business;
       ``(iii) any history of prior violations;
       ``(iv) the degree of culpability; and
       ``(v) such other matters as justice may require.
       ``(4) Certain authorities.--
       ``(A) In general.--The Secretary may compromise, modify, or 
     remit, with or without conditions, any civil penalty under 
     paragraph (1).
       ``(B) Deduction from sums owed.--The amount of a civil 
     penalty under this subsection, when finally determined, or 
     the amount agreed upon in compromise, may be deducted from 
     any sums owing by the United States to the person charged.
       ``(5) Judicial review.--
       ``(A) In general.--Any person who requested, in accordance 
     with paragraph (2), a hearing respecting the assessment of a 
     civil penalty under paragraph (1) and who is aggrieved by an 
     order assessing a civil penalty may file a petition for 
     judicial review of the order with--
       ``(i) the United States Court of Appeals for the District 
     of Columbia Circuit; or
       ``(ii) any other circuit in which the person resides or 
     transacts business.
       ``(B) Filing deadline.--A petition described in 
     subparagraph (A) may only be filed within the 60-day period 
     beginning on the date the order making the assessment was 
     issued.
       ``(6) Failure to pay.--
       ``(A) In general.--The Attorney General shall recover the 
     amount assessed under a civil penalty (plus interest at 
     prevailing rates from the date of the expiration of the 60-
     day period referred to in paragraph (5)(B) or the date of the 
     final judgment, as appropriate) in an action brought in any 
     appropriate district court of the United States if a person 
     fails to pay the assessment--
       ``(i) after the order making the assessment becomes final, 
     if the person does not file a petition for judicial review of 
     the order in accordance with paragraph (5)(A); or
       ``(ii) after a court in an action brought under paragraph 
     (5) has entered a final judgment in favor of the Secretary;
       ``(B) Exemptions from review.--In an action described in 
     subparagraph (A), the validity, amount, and appropriateness 
     of the civil penalty shall not be subject to review.
       ``(f) Citizen Suits.--
       ``(1) In general.--Except as provided in paragraph (3), any 
     person may on his or her behalf commence a civil action in an 
     appropriate district court of the United States against--
       ``(A) a person who is alleged to have engaged in a 
     violation of subsection (b) or (c); or
       ``(B) the Secretary in a case in which there is alleged a 
     failure of the Secretary to perform any act or duty under 
     subsection (b) or (c) that is not discretionary.
       ``(2) Relief.--In a civil action under paragraph (1), the 
     district court involved may, as appropriate--
       ``(A) enforce the compliance of a person with the 
     applicable provisions referred to paragraph (1)(A); or
       ``(B) order the Secretary to perform an act or duty 
     referred to in paragraph (1)(B).
       ``(3) Limitations.--
       ``(A) Notice to secretary.--A civil action may not be 
     commenced under paragraph (1)(A) prior to 60 days after the 
     date on which the plaintiff provided to the Secretary notice 
     of the violation involved.
       ``(B) Relation to actions of secretary.--A civil action may 
     not be commenced under paragraph (1)(B) if the Secretary has 
     commenced and is diligently prosecuting a civil or criminal 
     action in a district court of the United States to enforce 
     compliance with the applicable provisions referred to in 
     paragraph (1)(A).
       ``(4) Right of secretary to intervene.--In any civil action 
     under paragraph (1), the Secretary, if not a party, may 
     intervene as a matter of right.
       ``(5) Award of costs; filing of bond.--
       ``(A) Award of costs.--In a civil action under paragraph 
     (1), the district court involved may award costs of 
     litigation (including reasonable attorney and expert witness 
     fees) to any party in any case in which the court determines 
     such an award is appropriate.

[[Page S1535]]

       ``(B) Filing of bond.--The court may, if a temporary 
     restraining order or preliminary injunction is sought, 
     require the filing of a bond or equivalent security in 
     accordance with the Federal Rules of Civil Procedure.
       ``(6) Savings provision.--This subsection does not restrict 
     any right that a person (or class of persons) may have under 
     any statute or common law--
       ``(A) to seek enforcement of the provisions referred to in 
     paragraph (1)(A); or
       ``(B) to seek any other relief (including relief against 
     the Secretary).''.
       (2) Inclusion of labeling requirements in definition of 
     misbranded.--Section 1(n) of the Federal Meat Inspection Act 
     (21 U.S.C. 601(n)) is amended--
       (A) by striking ``or'' at the end of paragraph (11);
       (B) by striking the period at the end of paragraph (12) and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(13) if it fails to bear a label or labeling as required 
     by section 7A.''.
       (c) Effective Date.--This section and the amendments made 
     by this section shall take effect upon the expiration of the 
     180-day period beginning on the date of enactment of this 
     Act.
                                 ______
                                 
  SA 4094. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 2663, to reform the Consumer Product Safety 
Commission to provide greater protection for children's products, to 
improve the screening of noncompliant consumer products, to improve the 
effectiveness of consumer product recall programs, and for other 
purposes; as follows:

       On page 58, strike lines 4 through 7 and insert the 
     following:
       ``(g)(1) An attorney general of a State may not enter into 
     a contingency fee agreement for legal or expert witness 
     services relating to a civil action under this section.
       ``(2) For purposes of this subsection, the term 
     `contingency fee agreement' means a contract or other 
     agreement to provide services under which the amount or the 
     payment of the fee for the services is contingent in whole or 
     in part on the outcome of the matter for which the services 
     were obtained.''.
                                 ______
                                 
  SA 4095. Mr. DeMINT proposed an amendment to the bill S. 2663, to 
reform the Consumer Product Safety Commission to provide greater 
protection for children's products, to improve the screening of 
noncompliant consumer products, to improve the effectiveness of 
consumer product recall programs, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

                   TITLE I--CHILDREN'S PRODUCT SAFETY

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

          TITLE II--CONSUMER PRODUCT SAFETY COMMISSION REFORM

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

     SEC. 2. REFERENCES.

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

     SEC. 3. AUTHORITY TO ISSUE IMPLEMENTING REGULATIONS.

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

                   TITLE I--CHILDREN'S PRODUCT SAFETY

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

       (a) Children's Products Containing Lead.--
       (1) Banned hazardous substance.--Effective 180 days after 
     the date of enactment of this Act, any children's product 
     containing more than the amounts of lead set forth in 
     paragraph (2) shall be a banned hazardous substance within 
     the meaning of section 2(q)(1) of the Federal Hazardous 
     Substances Act (15 U.S.C. 1261(q)(1)).
       (2) Standard for amount of lead.--The amounts of lead 
     referred to in paragraph (1) shall be--
       (A) 600 parts per million total lead content by weight for 
     any part of the product;
       (B) 300 parts per million total lead content by weight for 
     any part of the product, effective 2 years after the date of 
     enactment of this Act; and
       (C) 100 parts per million total lead content by weight for 
     any part of the product, effective 4 years after the date of 
     enactment of this Act, unless the Commission determines, 
     after notice and a hearing, that a standard of 100 parts per 
     million is not feasible, in which case the Commission shall 
     require the lowest amount of lead that the Commission 
     determines is feasible to achieve.
       (3) Commission revision to more protective standard.--
       (A) More protective standard.--The Commission may, by rule, 
     revise the standard set forth in paragraph (2)(C) for any 
     class of children's products to any level and form that the 
     Commission determines is--
       (i) more protective of human health; and
       (ii) feasible to achieve.
       (B) Periodic review.--The Commission shall, based on the 
     best available scientific and technical information, 
     periodically review and revise the standard set forth in this 
     section to require the lowest amount of lead that the 
     Commission determines is feasible to achieve.
       (4) Commission authority to exclude certain materials.--The 
     Commission may, by rule, exclude certain products and 
     materials from the prohibition in paragraph (1) if the 
     Commission determines that the lead content in such products 
     and materials will not result in the absorption of lead in 
     the human body or does not have any adverse impact on public 
     health or safety.
       (5) Definition of children's product.--
       (A) In general.--As used in this subsection, the term 
     ``children's product'' means a consumer product as defined in 
     section 3(1) of the Consumer Product Safety Act (15 U.S.C. 
     2052(1)) designed or intended primarily for children 12 years 
     of age or younger.
       (B) Factors to be considered.--In determining whether a 
     product is primarily intended for a child 12 years of age or 
     younger, the following factors shall be considered:
       (i) A statement by a manufacturer about the intended use of 
     such product, including a label on such product if such 
     statement is reasonable.
       (ii) Whether the product is represented in its packaging, 
     display or advertising as appropriate for use by children 12 
     years of age or younger.
       (iii) Whether the product is commonly recognized by 
     consumers as being intended for use by child 12 years of age 
     or younger.
       (iv) The Age Determination Guidelines issued by the 
     Commission staff in September 2002, and any successor 
     thereto.
       (6) Exception for inaccessible component parts.--The 
     standards established under paragraph (2) shall not apply to 
     any component part of a children's product that is not 
     accessible to a child through normal and reasonably 
     foreseeable use and abuse of such product, as determined by 
     the Commission. A component part is not accessible under this 
     paragraph if such component part is not

[[Page S1536]]

     physically exposed by reason of a sealed covering or casing 
     and does not become physically exposed through reasonably 
     foreseeable use and abuse of the product. The Commission may 
     require that certain electronic devices be equipped with a 
     child-resistant cover or casing that prevents exposure of and 
     accessibility to the parts of the product containing lead if 
     the Commission determines that it is not feasible for such 
     products to otherwise meet such standards.
       (b) Paint Standard.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall modify section 
     1303.1 of title 16, Code of Federal Regulations, to--
       (A) reduce the standard applicable to lead paint by 
     substituting ``0.009 percent'' for ``0.06 percent'' in 
     subsection (a) of that section;
       (B) apply the standard to all children's products as 
     defined in subsection (a)(5); and
       (C) reduce the standard for paint and other surface coating 
     on children's products and furniture to 0.009 milligrams per 
     centimeter squared.
       (2) More protective standard.--Not later than 3 years after 
     the date of enactment of this Act, the Commission shall, by 
     rule, revise the standard established under paragraph (1)(C) 
     to a more protective standard if the Commission determines 
     such a standard to be feasible.
       (c) Authority to Extend Implementation Periods.--The 
     Commission may extend, by rule, the effective dates in 
     subsections (a) and (b) by an additional period not to exceed 
     180 days if the Commission determines that--
       (1) there is no impact on public health or safety from 
     extending the implementation period; and
       (2)(A) the complete implementation of the new standards by 
     manufacturers subject to such standards is not feasible 
     within 180 days;
       (B) the cost of such implementation, particularly on small 
     and medium sized enterprises, is excessive; or
       (C) the Commission requires additional time to implement 
     such standards and determine the required testing 
     methodologies and appropriate exceptions in order to enforce 
     such standards.

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

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

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

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

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

       (a) Short Title.--This section may be cited as the ``Danny 
     Keysar Child Product Safety Notification Act''.
       (b) Safety Standards.--
       (1) In general.--The Commission shall--
       (A) in consultation with representatives of consumer 
     groups, juvenile product manufacturers, and independent child 
     product engineers and experts, examine and assess the 
     effectiveness of any voluntary consumer product safety 
     standards for durable infant or toddler product; and
       (B) in accordance with section 553 of title 5, United 
     States Code, promulgate consumer product safety rules that--
       (i) are substantially the same as such voluntary standards; 
     or
       (ii) are more stringent than such voluntary standards, if 
     the Commission determines that more stringent standards would 
     further reduce the risk of injury associated with such 
     products.
       (2) Timetable for rulemaking.--Not later than 1 year after 
     the date of enactment of this Act, the Commission shall 
     commence the rulemaking required under paragraph (1) and 
     shall promulgate rules for no fewer than 2 categories of 
     durable nursery products every 6 months thereafter, beginning 
     with the product categories that the Commission determines to 
     be of highest priority, until the Commission has promulgated 
     standards for all such product categories. Thereafter, the 
     Commission shall periodically review and revise the rules set 
     forth under this subsection to ensure that such rules provide 
     the highest level of safety for such products that is 
     feasible.
       (c) Consumer Registration Requirement.--
       (1) Rulemaking.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall, pursuant to its 
     authority under section 16(b) of the Consumer Product Safety 
     Act (15 U.S.C. 2065(b)), promulgate a final consumer product 
     safety rule to require manufacturers of durable infant or 
     toddler products--
       (A) to provide consumers with a postage-paid consumer 
     registration form with each such product;
       (B) to maintain a record of the names, addresses, email 
     addresses, and other contact information of consumers who 
     register their ownership of such products with the 
     manufacturer in order to improve the effectiveness of 
     manufacturer campaigns to recall such products; and
       (C) to permanently place the manufacturer name and contact 
     information, model name and number, and the date of 
     manufacture on each durable infant or toddler product.

[[Page S1537]]

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

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

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

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

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

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

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

          TITLE II--CONSUMER PRODUCT SAFETY COMMISSION REFORM

     SEC. 201. REAUTHORIZATION OF THE COMMISSION.

       (a) Authorization of Appropriations.--Subsections (a) and 
     (b) of section 32 (15 U.S.C. 2081) are amended to read as 
     follows:
       ``(a) There are authorized to be appropriated to the 
     Commission for the purpose of carrying out the provisions of 
     this Act and any other provision of law the Commission is 
     authorized or directed to carry out--
       ``(1) $80,000,000 for fiscal year 2009;
       ``(2) $90,000,000 for fiscal year 2010; and
       ``(3) $100,000,000 for fiscal year 2011.
       ``(b) In addition to the amounts specified in subsection 
     (a), there are authorized to be appropriated $20,000,000 to 
     the Commission for fiscal years 2009 through 2011, for the 
     purpose of renovation, repair, reconstruction, re-equipping, 
     and making other necessary capital improvements to the 
     Commission's research, development, and testing facility 
     (including bringing the facility into compliance with 
     applicable environmental, safety, and accessibility 
     standards).''.
       (b) Report to Congress.--Not later than 180 days after the 
     date of enactment of this Act, the Commission shall transmit 
     to Congress a report of its plans to allocate the funding 
     authorized by subsection (a). Such report shall include--
       (1) the number of full-time inspectors and other full-time 
     equivalents the Commission intends to employ;

[[Page S1538]]

       (2) the plan of the Commission for risk assessment and 
     inspection of imported consumer products;
       (3) an assessment of the feasibility of mandating bonds for 
     serious hazards and repeat offenders and Commission 
     inspection and certification of foreign third-party and 
     proprietary testing facilities; and
       (4) the efforts of the Commission to reach and educate 
     retailers of second-hand products and informal sellers, such 
     as thrift shops and yard sales, concerning consumer product 
     safety standards and product recalls, especially those 
     relating to durable nursery products, in order to prevent the 
     resale of any products that have been recalled, including the 
     development of educational materials for distribution not 
     later than 1 year after the date of enactment of this Act.

     SEC. 202. STRUCTURE AND QUORUM.

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

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

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

     SEC. 204. EXPEDITED RULEMAKING.

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

     SEC. 205. PUBLIC DISCLOSURE OF INFORMATION.

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

[[Page S1539]]

       ``(D) the Commission publishes a finding that the public 
     health and safety require public disclosure with a lesser 
     period of notice than is required under paragraph (1).''; and
       (D) in the matter following such subparagraph (as added by 
     subparagraph (C)), by striking ``section 19(a)'' and 
     inserting ``any consumer product safety rule under this Act 
     or similar rule under or provision of any other Act 
     administered by the Commission''.

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

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

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

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

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

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

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

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

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

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

     SEC. 211. INSPECTION OF CERTIFIED PROPRIETARY LABORATORIES.

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

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

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

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

       (a) In General.--Section 18 (15 U.S.C. 2067) is amended by 
     adding at the end the following:
       ``(c) Notwithstanding any other provision of this section, 
     the Commission may prohibit, by order, a person from 
     exporting from the United States for purpose of sale any

[[Page S1540]]

     consumer product, or other product or substance that is 
     regulated under any Act enforced by the Commission, that the 
     Commission determines, after notice to the manufacturer--
       ``(1) is not in conformity with an applicable consumer 
     product safety rule under this Act or a similar rule under 
     any such other Act;
       ``(2) is subject to an order issued under section 12 or 15 
     of this Act or designated as a banned hazardous substance 
     under the Federal Hazardous Substances Act (15 U.S.C. 1261 et 
     seq.); or
       ``(3) is subject to a voluntary corrective action taken by 
     the manufacturer, in consultation with the Commission, of 
     which action the Commission has notified the public and that 
     would have been subject to a mandatory corrective action 
     under this or another Act enforced by the Commission if 
     voluntary action had not been taken by the manufacturer,

     unless the importing country has notified the Commission that 
     such country accepts the importation of such product, 
     provided that if the importing country has not so notified 
     the Commission within 30 days after the Commission has 
     provided notice to the importing country of the impending 
     shipment, the Commission may take such action as is 
     appropriate with respect to the disposition of the product 
     under the circumstances.''.
       (b) Prohibited Act.--Section 19(a)(10) (15 U.S.C. 
     2068(a)(10)) is amended by striking the period at the end and 
     inserting `` or violate an order of the Commission issued 
     under section 18(c); or''.
       (c) Conforming Amendments to Other Acts.--
       (1) Federal hazardous substances act.--Section 5(b)(3) of 
     the Federal Hazardous Substances Act (15 U.S.C. 1264(b)(3)) 
     is amended by striking ``substance presents an unreasonable 
     risk of injury to persons residing in the United States'' and 
     inserting ``substance is prohibited under section 18(c) of 
     the Consumer Product Safety Act,''.
       (2) Flammable fabrics act.--Section 15 of the Flammable 
     Fabrics Act (15 U.S.C. 1202) is amended by adding at the end 
     the following:
       ``(d) Notwithstanding any other provision of this section, 
     the Consumer Product Safety Commission may prohibit, by 
     order, a person from exporting from the United States for 
     purpose of sale any fabric, related material, or product that 
     the Commission determines, after notice to the manufacturer--
       ``(1) is not in conformity with an applicable consumer 
     product safety rule under the Consumer Product Safety Act or 
     with a rule under this Act;
       ``(2) is subject to an order issued under section 12 or 15 
     of the Consumer Product Safety Act or designated as a banned 
     hazardous substance under the Federal Hazardous Substances 
     Act (15 U.S.C. 1261 et seq.); or
       ``(3) is subject to a voluntary corrective action taken by 
     the manufacturer, in consultation with the Commission, of 
     which action the Commission has notified the public and that 
     would have been subject to a mandatory corrective action 
     under this or another Act enforced by the Commission if 
     voluntary action had not been taken by the manufacturer,

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

     SEC. 214. PROHIBITION ON SALE OF RECALLED PRODUCTS.

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

     SEC. 215. INCREASED CIVIL PENALTY.

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

     SEC. 216. CRIMINAL PENALTIES TO INCLUDE ASSET FORFEITURE.

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

     SEC. 217. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

       Section 24 (15 U.S.C. 2073) is amended--
       (1) in the section heading, by striking ``private'' and 
     inserting ``additional'';
       (2) by striking ``Any interested person'' and inserting 
     ``(a) Any interested person''; and
       (3) by striking ``No separate suit'' and all that follows 
     and inserting the following:
       ``(b)(1) The attorney general of a State, alleging a 
     violation of section 19(a) that affects or may affect such 
     State or its residents may bring an action on behalf of the 
     residents of the State in any United States district court 
     for the district in which the defendant is found or transacts 
     business to enforce a consumer product safety rule or an 
     order under section 15, and to obtain appropriate injunctive 
     relief.
       ``(2) Not less than thirty days prior to the commencement 
     of such action, the attorney general shall give notice by 
     registered mail to the Commission, to the Attorney General, 
     and to the person against whom such action is directed. Such 
     notice shall state the nature of the alleged violation of any 
     such standard or order, the relief to be requested, and the 
     court in which the action will be brought. The Commission 
     shall have the right--
       ``(A) to intervene in the action;

[[Page S1541]]

       ``(B) upon so intervening, to be heard on all matters 
     arising therein;
       ``(C) and to file petitions for appeal.
       ``(c) No separate suit shall be brought under this section 
     if at the time the suit is brought the same alleged violation 
     is the subject of a pending civil or criminal action by the 
     United States under this Act. In any action under this 
     section the court may in the interest of justice award the 
     costs of suit, including reasonable attorneys' fees 
     (determined in accordance with section 11(f)) and reasonable 
     expert witnesses' fees.''.

     SEC. 218. EFFECT OF RULES ON PREEMPTION.

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

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

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

     SEC. 220. INSPECTOR GENERAL AUTHORITY AND ACCESSIBILITY.

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

     SEC. 221. REPEAL.

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

     SEC. 222. INDUSTRY-SPONSORED TRAVEL BAN.

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

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

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

     SEC. 223. ANNUAL REPORTING REQUIREMENT.

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

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

       The Commission shall study the effectiveness of section 
     17(a) of the Consumer Product Safety Act (15 U.S.C. 2066(a)), 
     specifically paragraphs (3) and (4) of such section, to 
     determine a specific strategy to increase the effectiveness 
     of the Commission's ability to stop unsafe products from 
     entering the United States. The Commission shall submit a 
     report to Congress not later than 9 months after enactment of 
     this Act, which shall include recommendations regarding 
     additional authority the Commission needs to implement such 
     strategy, including any necessary legislation.
                                 ______
                                 
  SA 4096. Mr. DeMINT submitted an amendment to the bill S. 2663, to 
reform the Consumer Product Safety Commission to provide greater 
protection for children's products, to improve

[[Page S1542]]

the screening of noncompliant consumer products, to improve the 
effectiveness of consumer product recall programs, and for other 
purposes; as follows:

       Beginning on page 58, strike line 11 and all that follows 
     through page 66, line 9.

                                 ______
                                 
  SA 4097. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 2663, to reform the Consumer Product Safety 
Commission to provide greater protection for children's products, to 
improve the screening of noncompliant consumer products, to improve the 
effectiveness of consumer product recall programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 58, strike lines 4 through 7 and inserting the 
     following:
       ``(g) Attorney Fees.--The prevailing party in a civil 
     action under subsection (a) may recover reasonable costs and 
     attorney fees.''.
                                 ______
                                 
  SA 4098. Mr. DORGAN submitted an amendment intended to be proposed by 
him to the bill S. 2663, to reform the Consumer Product Safety 
Commission to provide greater protection for children's products, to 
improve the screening of noncompliant consumer products, to improve the 
effectiveness of consumer product recall programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 103, after line 12, add the following:

     SEC. 40. BAN ON IMPORTATION OF TOYS MADE BY CERTAIN 
                   MANUFACTURERS.

       Section 17 (15 U.S.C. 2066) is amended--
       (1) in subsection (a), as amended by section 10(f) of this 
     Act--
       (A) in paragraph (5), by striking ``; or'' and inserting a 
     semicolon;
       (B) in paragraph (6), by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(7) is a toy classified under heading 9503, 9504, or 9505 
     of the Harmonized Tariff Schedule of the United States that 
     is manufactured by a company that the Commission has 
     determined--
       ``(A) has shown a persistent pattern of manufacturing such 
     toys with defects that constitute substantial product hazards 
     (as defined in section 15(a)(2)); or
       ``(B) has manufactured such toys that present a risk of 
     injury to the public of such a magnitude that the Commission 
     has determined that a permanent ban on all imports of such 
     toys manufactured by such company is equitably justified.''; 
     and
       (2) by adding at the end the following:
       ``(i) Whenever the Commission makes a determination 
     described in subsection (a)(7) with respect to a 
     manufacturer, the Commission shall submit to the Secretary of 
     Homeland Security information that appropriately identifies 
     the manufacturer.
       ``(j) Not later than March 31 of each year, the Commission 
     shall submit to Congress an annual report identifying, for 
     the 12-month period preceding the report--
       ``(1) toys classified under heading 9503, 9504, or 9505 of 
     the Harmonized Tariff Schedule of the United States that--
       ``(A) were offered for importation into the customs 
     territory of the United States; and
       ``(B) the Commission found to be in violation of a consumer 
     product safety standard; and
       ``(2) the manufacturers, by name and country, that were the 
     subject of a determination described in subsection (a)(7)(A) 
     and (B).''.
                                 ______
                                 
  SA 4099. Mr. DORGAN submitted an amendment intended to be proposed by 
him to the bill S. 2663, to reform the Consumer Product Safety 
Commission to provide greater protection for children's products, to 
improve the screening of noncompliant consumer products, to improve the 
effectiveness of consumer product recall programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

  TITLE II--STRATEGIC PETROLEUM RESERVE FILL SUSPENSION AND CONSUMER 
                               PROTECTION

     SEC. 201. SUSPENSION OF PETROLEUM ACQUISITION FOR STRATEGIC 
                   PETROLEUM RESERVE.

       (a) In General.--Except as provided in subsection (b) and 
     notwithstanding any other provision of law, during calendar 
     year 2008, the Secretary of Energy shall suspend acquisition 
     of petroleum for the Strategic Petroleum Reserve through the 
     royalty-in-kind program or any other acquisition method.
       (b) Resumption.--The Secretary may resume acquisition of 
     petroleum for the Strategic Petroleum Reserve through the 
     royalty-in-kind program or any other acquisition method under 
     subsection (a) not earlier than 30 days after the date on 
     which the Secretary notifies Congress that the Secretary has 
     determined that the weighted average price of petroleum in 
     the United States for the most recent 90-day period is $75 or 
     less per barrel.
                                 ______
                                 
  SA 4100. Mr. DORGAN submitted an amendment intended to be proposed by 
him to the bill S. 2663, to reform the Consumer Product Safety 
Commission to provide greater protection for children's products, to 
improve the screening of noncompliant consumer products, to improve the 
effectiveness of consumer product recall programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 26, beginning in line 8, strike ``except as 
     provided in subparagraph (C),''.
       On page 26, beginning with line 21, strike through line 15 
     on page 27.
       On page 27, line 16, strike ``(D)'' and insert ``(C)''.
       On page 27, beginning in line 21, strike ``desdribed in 
     subparagraph (C) of this paragraph, or''.
       On page 27, line 24, strike the comma.
       On page 29, line 4, strike ``(E)'' and insert ``(D)''.
       On page 29, beginning in line 8, strike ``(including a 
     laboratory certified as a third party laboratory under 
     subparagraph (B) of this paragraph)''.
                                 ______
                                 
  SA 4101. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 2663, to reform the Consumer Product 
Safety Commission to provide greater protection for children's 
products, to improve the screening of noncompliant consumer products, 
to improve the effectiveness of consumer product recall programs, and 
for other purposes; as follows:

       On page 72, beginning with line 6, strike through line 8 on 
     page 75 and insert the following:

     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 failures of other employees 
     to properly enforce the rules or regulations of the Consumer 
     Product Safety Act or any other Act enforced by the 
     Commission, including the negotiation of corrective action 
     plans in the recall process; and
       (B) the process by which corrective action plans are 
     negotiated 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 regulated by the Commission that are 
     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.
                                 ______
                                 
  SA 4102. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 2663, to reform the Consumer Product 
Safety Commission

[[Page S1543]]

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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _01. GET IN LINE ACT.

       (a) Short Title.--This section may be cited as the ``Get in 
     Line Act''.
       (b) Prohibition on the Payment of Individuals To Reserve a 
     Place in Line for a Lobbyist for a Seat at a Congressional 
     Committee or Federal Entity Hearing or Business Meeting.--
       (1) Prohibition.--The Lobbying Disclosure Act of 1995 (2 
     U.S.C. 1601 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 27. PROHIBITION ON THE PAYMENT OF INDIVIDUALS TO 
                   RESERVE A PLACE IN LINE FOR A LOBBYIST FOR A 
                   SEAT AT A CONGRESSIONAL COMMITTEE OR FEDERAL 
                   ENTITY HEARING OR BUSINESS MEETING.

       ``(a) Prohibition.--Any person described in subsection (b) 
     shall not make a payment to an individual to reserve a place 
     in line for a seat for that person at a congressional 
     committee or Federal entity hearing or business meeting.
       ``(b) Persons Subject to Prohibition.--The persons subject 
     to the prohibition under subsection (a) are any lobbyist that 
     is registered or is required to register under section 
     4(a)(1), any organization that retains or employs 1 or more 
     lobbyists and is registered or is required to register under 
     section 4(a)(2), and any employee listed or required to be 
     listed as a lobbyist by a registrant under section 4(b)(6) or 
     5(b)(2)(C).''.
       (2) Certification.--Section 5(d)(1)(G) of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1604(d)(1)(G)) is amended--
       (A) in clause (i), by striking ``and'' after the semicolon;
       (B) in clause (ii), by striking the period and inserting 
     ``; and''; and
       (C) by inserting at the end the following:
       ``(iii) has read and is familiar with section 27, relating 
     to paying individuals to reserve seats at congressional 
     committee or Federal entity hearings or business meetings, 
     and has not violated that section.''.
       (3) Effective date.--The amendment made by this subsection 
     shall take effect on the date of the enactment of this Act.
       (c) Committee Hearing Availability.--A committee of the 
     Senate that is unable to accommodate all persons wishing to 
     sit in the hearing room for a committee hearing or business 
     meeting shall--
       (1) make all reasonable accommodations for such overflow, 
     including opening up an overflow room with a video monitor 
     showing the hearing or meeting if possible; and
       (2) stream the hearing or meeting on the committee website 
     to the extent practicable
                                 ______
                                 
  SA 4103. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 2663, to reform the Consumer Product Safety 
Commission to provide greater protection for children's products, to 
improve the screening of noncompliant consumer products, to improve the 
effectiveness of consumer product recall programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 5, between lines 21 and 22, insert the following:
       (c) Training Standards.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Consumer Product Safety 
     Commission shall--
       (A) develop standards for training product safety 
     inspectors and technical staff employed by the Commission; 
     and
       (B) submit to Congress a report on such standards.
       (2) Consultations.--The Commission shall develop the 
     training standards required under paragraph (1) in 
     consultation with a broad range of organizations with 
     expertise in consumer product safety issues.
                                 ______
                                 
  SA 4104. Mrs. FEINSTEIN (for herself, Mr. Bingaman, Mr. Menendez, and 
Mrs. Boxer) proposed an amendment to the bill S. 2663, to reform the 
Consumer Product Safety Commission to provide greater protection for 
children's products, to improve the screening of noncompliant consumer 
products, to improve the effectiveness of consumer product recall 
programs, and for other purposes; as follows:

       On page 103, after line 12, add the following:

     SEC. 40. BAN ON CERTAIN PRODUCTS CONTAINING SPECIFIED 
                   PHTHALATES.

       (a) Banned Hazardous Substance.--Effective January 1, 2009, 
     any children's product or child care article that contains a 
     specified phthalate shall be treated as a banned hazardous 
     substance under the Federal Hazardous Substances Act (15 
     U.S.C. 1261 et seq.) and the prohibitions contained in 
     section 4 of such Act shall apply to such product or article.
       (b) Prohibition on Use of Certain Alternatives to Specified 
     Phthalates in Children's Products and Child Care Articles.--
       (1) In general.--If a manufacturer modifies a children's 
     product or child care article that contains a specified 
     phthalate to comply with the ban under subsection (a), such 
     manufacturer shall not use any of the prohibited alternatives 
     to specified phthalates described in paragraph (2).
       (2) Prohibited alternatives to specified phthalates.--The 
     prohibited alternatives to specified phthalates described in 
     this paragraph are the following:
       (A) Carcinogens rated by the Environmental Protection 
     Agency as Group A, Group B, or Group C carcinogens.
       (B) Substances described in the List of Chemicals Evaluated 
     for Carcinogenic Potential of the Environmental Protection 
     Agency as follows:
       (i) Known to be human carcinogens.
       (ii) Likely to be human carcinogens.
       (iii) Suggestive of being human carcinogens.
       (C) Reproductive toxicants identified by the Environmental 
     Protection Agency that cause any of the following:
       (i) Birth defects.
       (ii) Reproductive harm.
       (iii) Developmental harm.
       (c) Preemption.--Nothing in this section or section 
     18(b)(1)(B) of the Federal Hazardous Substances Act (15 
     U.S.C. 1261 note) shall preclude or deny any right of any 
     State or political subdivision thereof to adopt or enforce 
     any provision of State or local law that--
       (1) applies to a phthalate that is not described in 
     subsection (d)(3);
       (2) applies to a phthalate described in subsection (d)(3) 
     that is not otherwise regulated under this section;
       (3) with respect to any phthalate, requires the provision 
     of a warning of risk, illness, or injury; or
       (4) prohibits the use of alternatives to phthalates that 
     are not described in subsection (b)(2).
       (d) Definitions.--In this section:
       (1) Children's product.--The term ``children's product'' 
     means a toy or any other product designed or intended by the 
     manufacturer for use by a child when the child plays.
       (2) Child care article.--The term ``child care article'' 
     means all products designed or intended by the manufacturer 
     to facilitate sleep, relaxation, or the feeding of children, 
     or to help children with sucking or teething.
       (3) Children's product or child care article that contains 
     a specified phthalate.--The term ``children's product or 
     child care article that contains a specified phthalate'' 
     means--
       (A) a children's product or a child care article any part 
     of which contains any combination of di-(2-ethylhexyl) 
     phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl 
     phthalate (BBP) in concentrations exceeding 0.1 percent; and
       (B) a children's product or a child care article intended 
     for use by a child that--
       (i) can be placed in a child's mouth; and
       (ii)(I) contains any combination of diisononyl phthalate 
     (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate 
     (DnOP), in concentrations exceeding 0.1 percent; or
       (II) contains any combination of di-(2-ethylhexyl) 
     phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl 
     phthalate (BBP), diisononyl phthalate (DINP), diisodecyl 
     phthalate (DIDP), or di-n-octyl phthalate (DnOP), in 
     concentrations exceeding 0.1 percent.
                                 ______
                                 
  SA 4105. Ms. KLOBUCHAR (for herself and Mr. Menendez) submitted an 
amendment intended to be proposed by her to the bill S. 2663, to reform 
the Consumer Product Safety Commission to provide greater protection 
for children's products, to improve the screening of noncompliant 
consumer products, to improve the effectiveness of consumer product 
recall programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 3, beginning with line 16, strike through line 3 on 
     page 4, and insert the following:
       ``(a)(1) 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--
       ``(A) $88,500,000 for fiscal year 2009;
       ``(B) $96,800,000 for fiscal year 2010;
       ``(C) $106,480,000 for fiscal year 2011;
       ``(D) $117,128,000 for fiscal year 2012;
       ``(E) $128,841,000 for fiscal year 2013;
       ``(F) $141,725,000 for fiscal year 2014; and
       ``(G) $155,900,000 for fiscal year 2015.
       ``(2) From amounts appropriated pursuant to paragraph (1), 
     there shall shall be made available, for each of fiscal years 
     2009 through 2015, $1,200,000 for travel, subsistence, and 
     related expenses incurred in furtherance of the official 
     duties of Commissioners and employees with respect to 
     attendance at meetings or similar functions, which shall be 
     used by the Commission for such purposes in lieu of 
     acceptance of payment or reimbursement for such expenses from 
     any person--
       ``(A) seeking official action from, doing business with, or 
     conducting activities regulated by, the Commission; or
       ``(B) whose interests may be substantially affected by the 
     performance or nonperformance of the Commissioner's or 
     employee's official duties.
                                 ______
                                 
  SA 4106. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed

[[Page S1544]]

by her to the bill S. 2663, to reform the Consumer Product Safety 
Commission to provide greater protection for children's products, to 
improve the screening of noncompliant consumer products, to improve the 
effectiveness of consumer product recall programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 103, after line 12, insert the following:

     SEC. 40. INFANT CRIB SAFETY.

       (a) Definitions.--In this section:
       (1) Commercial user.--
       (A) The term ``commercial user'' means--
       (i) any person that manufactures, sells, or contracts to 
     sell full-size cribs or non-full-size cribs; or
       (ii) any person that--

       (I) deals in full-size or non-full-size cribs that are not 
     new or that otherwise, based on the person's occupation, 
     holds oneself out as having knowledge or skill peculiar to 
     full-size cribs or non-full-size cribs, including child care 
     facilities and family child care homes; or
       (II) is in the business of contracting to sell or resell, 
     lease, sublet, or otherwise placing in the stream of commerce 
     full-size cribs or non-full-size cribs that are not new.

       (B) The term ``commercial user'' does not mean an 
     individual who sells a used crib in a one-time private sale.
       (2) Crib.--The term ``crib'' means a full-size crib or non-
     full-size crib.
       (3) Full-size crib.--The term ``full-size crib'' means a 
     full-size baby crib as defined in section 1508.1 of title 16, 
     Code of Federal Regulations.
       (4) Infant.--The term ``infant'' means any person less than 
     35 inches tall or less than 2 years of age.
       (5) Non-full-size crib.--The term ``non-full-size crib'' 
     means a non-full-size baby crib as defined in section 
     1509.2(b) of title 16, Code of Federal Regulations (including 
     a portable crib and a crib-pen described in paragraph (2) of 
     subsection (b) of that section).
       (b) Requirements for Cribs.--
       (1) Manufacture and sale of cribs.--It shall be unlawful 
     for any commercial user--
       (A) to manufacture, sell, or contract to sell, any full-
     size crib or non-full-size crib that is unsafe for any infant 
     using it; or
       (B) to sell, contract to sell or resell, lease, sublet, or 
     otherwise place in the stream of commerce, any full-size or 
     non-full-size crib that is not new and that is unsafe for any 
     infant using the crib.
       (2) Provision of cribs by lodging facilities.--It shall be 
     unlawful for any hotel, motel, or similar transient lodging 
     facility to offer or provide for use or otherwise place in 
     the stream of commerce, on or after the effective date of 
     this section, any full-size crib or non-full-size crib that 
     is unsafe for any infant using it.
       (3) Adherence to crib safety standards.--A full-size crib, 
     non-full-size crib, portable crib, playpen, or play yard, 
     shall be presumed to be unsafe under this section if it does 
     not conform to the standards applicable to the product as 
     listed below:
       (A) Part 1508 of title 16, Code of Federal Regulations 
     (relating to requirements for full-size baby cribs).
       (B) Part 1509 of title 16, Code of Federal Regulations 
     (relating to requirements for non-full-size baby cribs).
       (C) American Society for Testing Materials F406-07 Standard 
     Consumer Safety Specification for Non-Full Size Baby Cribs/
     Play Yards.
       (D) American Society for Testing Materials F1169 Standard 
     Specification for Full-Size Baby Crib.
       (E) American Society for Testing and Materials F966-00 
     Consumer Safety Specification for Full-Size and Non-Full Size 
     Baby Crib Corner Post Extensions.
       (F) Part 1303 of title 16, Code of Federal Regulations 
     (relating to banning lead-containing paint).
       (G) Any amendments to the regulations or standards 
     described in subparagraphs (A) through (F) or any other 
     regulations or standards that are adopted in order to amend 
     or supplement the regulations or standards described in such 
     subparagraphs.
       (4) Designation as hazardous product.--A full-size or non-
     full-size crib that is not in compliance with the 
     requirements of this section shall be considered to be a 
     banned hazardous product under section 8 of the Consumer 
     Product Safety Act (15 U.S.C. 2057). The Consumer Product 
     Safety Commission shall have the power to enforce the 
     provisions of this section in the same manner that the 
     Commission enforces rules declaring products to be banned 
     hazardous products.
       (5) Exception.--The requirements of this section shall not 
     apply to a full-size crib or non-full-size crib that is not 
     intended for use by an infant, including a toy or display 
     item, if at the time it is manufactured, made subject to a 
     contract to sell or resell, leased, sublet, or otherwise 
     placed in the stream of commerce, it is accompanied by a 
     notice to be furnished by each commercial user declaring that 
     the crib is not intended to be used for an infant and is 
     dangerous to use for an infant.
       (c) Effective Date.--This section shall take effect on the 
     day that is 90 days after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 4107. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 4104 proposed by Mrs. Feinstein (for herself, Mr. 
Bingaman, Mr. Menendez, and Mrs. Boxer) to the bill S. 2663, to reform 
the Consumer Product Safety Commission to provide greater protection 
for children's products, to improve the screening of noncompliant 
consumer products, to improve the effectiveness of consumer product 
recall programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. __. SAFETY OF CHILDREN'S PRODUCTS CONTAINING PHTHALATES.

       (a) Findings.--Congress finds that--
       (1) phthalates are a class of chemicals used in certain 
     plastics to improve flexibility and are used in many products 
     intended for use by young children, including toys and soft 
     plastic books;
       (2) concerns have been expressed that the use of phthalates 
     in certain vinyl children's products and child care articles 
     may have potential health risks for children;
       (3) pursuant to section 28 of the Consumer Product Safety 
     Act (15 U.S.C. 2077), the Consumer Products Safety Commission 
     (referred to in this section as the ``Commission'') has the 
     authority to convene a Chronic Hazard Advisory Panel 
     (referred to in this section as a ``CHAP''), which shall be 
     expert and independent, to critically assess hazards and 
     risks to human health;
       (4) the Commission has previously convened a CHAP to study 
     diisononyl phthalate (referred to in this section as 
     ``DINP''), the phthalate plasticizer most commonly used in 
     soft plastic toys. The CHAP found that exposure to DINP from 
     toys posed little or no risk of injury to children, and the 
     Commission concurred, finding no demonstrated health risk; 
     and
       (5) the Commission has not convened a CHAP to assess other 
     phthalates or other plasticizers that are used in children's 
     products and child care articles.
       (b) Safety Study of Children's Products Containing 
     Phthlalates or Other Plasticizers.--
       (1) In general.--The Commission shall examine and assess 
     the risks to human health presented by exposure to toys or 
     any other products designed or intended for use by children 
     under 6 years of age that contain phthalates or other 
     plasticizers used to soften vinyl products.
       (2) Advisory panel on phthalates.--Pursuant to section 28 
     of the Consumer Product Safety Act (15 U.S.C. 2077), the 
     Commission shall appoint a CHAP to critically assess the 
     risks to human health presented by exposure to toys or any 
     other products designed or intended for use by children under 
     six years of age that contain phthalates or other 
     plasticizers used to soften vinyl products.
       (3) Discretion to supplement prior study.--The Commission 
     may update its prior assessment of DINP to the extent 
     determined necessary by the Commission.
       (4) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Chairman of the Commission shall 
     submit a report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives that summarizes the 
     relevant scientific evidence pertaining to any significant 
     health risks presented by exposure to toys or any other 
     products designed or intended for use by children under 6 
     years of age that contain phthalates or other plasticizers 
     used to soften vinyl products.
       (c) Rulemaking.--
       (1) Interim regulation on children's products containing 
     dinp.--Notwithstanding the requirements under section 9 of 
     the Consumer Product Safety Act (15 U.S.C. 2058), not later 
     than 3 months after the date of the enactment of this Act, 
     the Commission shall promulgate a rule that--
       (A) sets limits on the DINP content of toys or any other 
     products designed or intended for use by children under 6 
     years of age that are consistent with the findings of the 
     CHAP on DINP; and
       (B) shall take effect 1 year after the date on which it is 
     promulgated.
       (2) Final rule on safety of children's products containing 
     phthalates or other plasticizers.--
       (A) In general.--Not later than 24 months after the date of 
     the enactment of this Act, the Commission, subject to the 
     requirements of section 9(f)(3) of the Consumer Product 
     Safety Act (15 U.S.C. 2058(f)(3)), shall promulgate a final 
     rule to regulate products or categories of products 
     identified in the study described in subsection (b), as 
     reasonably necessary to eliminate or reduce an unreasonable 
     risk of injury associated with such products.
       (B) Establishment of limits.--The final rule promulgated 
     under this paragraph shall establish limits for--
       (i) the content of phthalates and other plasticizers in 
     products or categories of products identified in the study 
     described in subsection (b) that are consistent with the 
     findings of the CHAP appointed pursuant to subsection (b)(2); 
     and
       (ii) the DINP content of toys or any other products 
     designed or intended for use by children under 6 years of age 
     that are consistent with the findings of the CHAP on DINP and 
     any updated assessment of DINP conducted pursuant to 
     subsection (b)(3).
       (C) Effective date.--Notwithstanding the requirements of 
     section 9(g)(1) of the Consumer Product Safety Act (15 U.S.C.

[[Page S1545]]

     2058(g)(1)), the final rule promulgated under this paragraph 
     shall take effect 1 year after the date on which it is 
     promulgated.

                          ____________________