[Congressional Record Volume 154, Number 127 (Tuesday, July 29, 2008)]
[House]
[Pages H7194-H7214]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONFERENCE REPORT ON H.R. 4040, CONSUMER PRODUCT SAFETY IMPROVEMENT ACT 
                                OF 2008

  Mr. WAXMAN submitted the following conference report on the bill 
(H.R. 4040) to establish consumer product safety standards and other 
safety requirements for children's products and to reauthorize and 
modernize the Consumer Product Safety Commission:

                  Conference Report (H. Rept. 110-787)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     4040), to establish consumer product safety standards and 
     other safety requirements for children's products and to 
     reauthorize and modernize the Consumer Product Safety 
     Commission, having met, after full and free conference, have 
     agreed to recommend and do recommend to their respective 
     Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the senate and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Consumer 
     Product Safety Improvement Act of 2008''.
       (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. 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 advertising toys and games.
Sec. 106. Mandatory toy safety standards.
Sec. 107. Study of preventable injuries and deaths in minority children 
              related to consumer products.
Sec. 108. Prohibition on sale of certain products containing specified 
              phthalates.

          TITLE II--CONSUMER PRODUCT SAFETY COMMISSION REFORM

                Subtitle A--Administrative Improvements

Sec. 201. Reauthorization of the Commission.
Sec. 202. Full Commission requirement; interim quorum; personnel.
Sec. 203. Submission of copy of certain documents to Congress.
Sec. 204. Expedited rulemaking.
Sec. 205. Inspector general audits and reports.
Sec. 206. Industry-sponsored travel ban.
Sec. 207. Sharing of information with Federal, State, local, and 
              foreign government agencies.
Sec. 208. Employee training exchanges.
Sec. 209. Annual reporting requirement.

               Subtitle B--Enhanced Enforcement Authority

Sec. 211. Public disclosure of information.
Sec. 212. Establishment of a public consumer product safety database.
Sec. 213. Prohibition on stockpiling under other Commission-enforced 
              statutes.
Sec. 214. Enhanced recall authority and corrective action plans.
Sec. 215. Inspection of firewalled conformity assessment bodies; 
              identification of supply chain.
Sec. 216. Prohibited acts.
Sec. 217. Penalties.
Sec. 218. Enforcement by State attorneys general.
Sec. 219. Whistleblower protections.

             Subtitle C--Specific Import-Export Provisions

Sec. 221. Export of recalled and non-conforming products.
Sec. 222. Import safety management and interagency cooperation.
Sec. 223. Substantial product hazard list and destruction of 
              noncompliant imported products.
Sec. 224. Financial responsibility.
Sec. 225. Study and report on effectiveness of authorities relating to 
              safety of imported consumer products.

     Subtitle D--Miscellaneous Provisions and Conforming Amendments

Sec. 231. Preemption.
Sec. 232. All-terrain vehicle standard.
Sec. 233. Cost-benefit analysis under the Poison Prevention Packaging 
              Act of 1970.
Sec. 234. Study on use of formaldehyde in manufacturing of textile and 
              apparel articles.
Sec. 235. Technical and conforming changes.
Sec. 236. Expedited judicial review.
Sec. 237. Repeal.
Sec. 238. Pool and Spa Safety Act technical amendments.
Sec. 239. Effective dates and Severability.

     SEC. 2. REFERENCES.

       (a) Defined Terms.--As used in this Act--
       (1) the term ``appropriate Congressional committees'' means 
     the Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate; and
       (2) 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.).

     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. CHILDREN'S PRODUCTS CONTAINING LEAD; LEAD PAINT 
                   RULE.

       (a) General Lead Ban.--
       (1) Treatment as a banned hazardous substance.--Except as 
     expressly provided in subsection (b) beginning on the dates 
     provided in paragraph (2), any children's product (as defined 
     in section 3(a)(16) of the Consumer Product Safety Act (15 
     U.S.C. 2052(a)(16))) that contains more lead than the limit 
     established by paragraph (2) shall be treated as a banned 
     hazardous substance under the Federal Hazardous Substances 
     Act (15 U.S.C. 1261 et seq.).
       (2) Lead limit.--
       (A) 600 parts per million.--Except as provided in 
     subparagraphs (B), (C), (D), and (E), beginning 180 days 
     after the date of enactment of this Act, the lead limit 
     referred to in paragraph (1) is 600 parts per million total 
     lead content by weight for any part of the product.
       (B) 300 parts per million.--Except as provided by 
     subparagraphs (C), (D), and (E), beginning on the date that 
     is 1 year after the date of enactment of this Act, the lead 
     limit referred to in paragraph (1) is 300 parts per million 
     total lead content by weight for any part of the product.
       (C) 100 parts per million.--Except as provided in 
     subparagraphs (D) and (E), beginning on the date that is 3 
     years after the date of enactment of this Act, subparagraph 
     (B) shall be applied by substituting ``100 parts per 
     million'' for ``300 parts per million'' unless the Commission 
     determines that a limit of 100 parts per million is not 
     technologically feasible for a product or product category. 
     The Commission may make such a determination only after 
     notice and a hearing and after analyzing the public health 
     protections associated with substantially reducing lead in 
     children's products.
       (D) Alternate reduction of limit.--If the Commission 
     determines under subparagraph (C) that the 100 parts per 
     million limit is not technologically feasible for a product 
     or product category, the Commission shall, by regulation, 
     establish an amount that is the lowest amount of lead, lower 
     than 300 parts per million, the Commission determines to be 
     technologically feasible to achieve for that product or 
     product category. The amount of lead established by the 
     Commission under the preceding sentence shall be substituted 
     for the 300 parts per million limit under subparagraph (B) 
     beginning on the date that is 3 years after the date of 
     enactment of this Act.
       (E) Periodic review and further reductions.--The Commission 
     shall, based on the best available scientific and technical 
     information, periodically review and revise downward the 
     limit set forth in this subsection, no less frequently than 
     every 5 years after promulgation of the limit under 
     subparagraph (C) or (D) to require the lowest amount of lead 
     that the Commission determines is technologically feasible to 
     achieve. The amount of lead established by the Commission 
     under the preceding sentence shall be substituted for the 
     lead limit in effect immediately before such revision.
       (b) Exclusion of Certain Materials or Products and 
     Inaccessible Component Parts.--
       (1) Certain products or materials.--The Commission may, by 
     regulation, exclude a specific product or material from the 
     prohibition in subsection (a) if the Commission, after notice 
     and a hearing, determines on the basis of the best-available, 
     objective, peer-reviewed, scientific evidence that lead in 
     such product or material will neither--
       (A) result in the absorption of any lead into the human 
     body, taking into account

[[Page H7195]]

     normal and reasonably foreseeable use and abuse of such 
     product by a child, including swallowing, mouthing, breaking, 
     or other children's activities, and the aging of the product; 
     nor
       (B) have any other adverse impact on public health or 
     safety.
       (2) Exception for inaccessible component parts.--
       (A) In general.--The limits established under subsection 
     (a) 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 subparagraph if such component part is 
     not physically exposed by reason of a sealed covering or 
     casing and does not become physically exposed through 
     reasonably foreseeable use and abuse of the product. 
     Reasonably foreseeable use and abuse shall include 
     swallowing, mouthing, breaking, or other children's 
     activities, and the aging of the product.
       (B) Inaccessibility proceeding.--Within 1 year after the 
     date of enactment of this Act, the Commission shall 
     promulgate a rule providing guidance with respect to what 
     product components, or classes of components, will be 
     considered to be inaccessible for purposes of subparagraph 
     (A).
       (C) Application pending cpsc guidance.--Until the 
     Commission promulgates a rule pursuant to subparagraph (B), 
     the determination of whether a product component is 
     inaccessible to a child shall be made in accordance with the 
     requirements laid out in subparagraph (A) for considering a 
     component to be inaccessible to a child.
       (3) Certain barriers disqualified.--For purposes of this 
     subsection, paint, coatings, or electroplating may not be 
     considered to be a barrier that would render lead in the 
     substrate inaccessible to a child, or to prevent absorption 
     of any lead into the human body, through normal and 
     reasonably foreseeable use and abuse of the product.
       (4) Certain electronic devices.--If the Commission 
     determines that it is not technologically feasible for 
     certain electronic devices, including devices containing 
     batteries, to comply with subsection (a), the Commission, by 
     regulation, shall--
       (A) issue requirements to eliminate or minimize the 
     potential for exposure to and accessibility of lead in such 
     electronic devices, which may include requirements that such 
     electronic devices be equipped with a child-resistant cover 
     or casing that prevents exposure to and accessibility of the 
     parts of the product containing lead; and
       (B) establish a schedule by which such electronic devices 
     shall be in full compliance with the limits in subsection 
     (a), unless the Commission determines that full compliance 
     will not be technologically feasible for such devices 
     within a schedule set by the Commission.
       (5) Periodic review.--The Commission shall, based on the 
     best available scientific and technical information, 
     periodically review and revise the regulations promulgated 
     pursuant to this subsection no less frequently than every 5 
     years after the first promulgation of a regulation under this 
     subsection to make them more stringent and to require the 
     lowest amount of lead the Commission determines is 
     technologically feasible to achieve.
       (c) Application With ASTM F963.--To the extent that any 
     regulation promulgated by the Commission under this section 
     (or any section of the Consumer Product Safety Act or any 
     other Act enforced by the Commission, as such Acts are 
     affected by this section) is inconsistent with the ASTM F963 
     standard, such promulgated regulation shall supersede the 
     ASTM F963 standard to the extent of the inconsistency.
       (d) Technological Feasibility Defined.--For purposes of 
     this section, a limit shall be deemed technologically 
     feasible with regard to a product or product category if--
       (1) a product that complies with the limit is commercially 
     available in the product category;
       (2) technology to comply with the limit is commercially 
     available to manufacturers or is otherwise available within 
     the common meaning of the term;
       (3) industrial strategies or devices have been developed 
     that are capable or will be capable of achieving such a limit 
     by the effective date of the limit and that companies, acting 
     in good faith, are generally capable of adopting; or
       (4) alternative practices, best practices, or other 
     operational changes would allow the manufacturer to comply 
     with the limit.
       (e) Pending Rulemaking Proceedings To Have No Effect.--The 
     pendency of a rulemaking proceeding to consider--
       (1) a delay in the effective date of a limit or an 
     alternate limit under this section related to technological 
     feasibility,
       (2) an exception for certain products or materials or 
     inaccessibility guidance under subsection (b) of this 
     section, or
       (3) any other request for modification of or exemption from 
     any regulation, rule, standard, or ban under this Act or any 
     other Act enforced by the Commission,

     shall not delay the effect of any provision or limit under 
     this section nor shall it stay general enforcement of the 
     requirements of this section.
       (f) More Stringent Lead Paint Ban.--
       (1) In general.--Effective on the date that is 1 year after 
     the date of enactment of this Act, the Commission shall 
     modify section 1303.1 of its regulations (16 C.F.R. 1301.1) 
     by substituting ``0.009 percent'' for ``0.06 percent'' in 
     subsection (a) of that section.
       (2) Periodic review and reduction.--The Commission shall, 
     no less frequently than every 5 years after the date on which 
     the Commission modifies the regulations pursuant to paragraph 
     (1), review the limit for lead in paint set forth in section 
     1303.1 of title 16, Code of Federal Regulations (as revised 
     by paragraph (1)), and shall by regulation revise downward 
     the limit to require the lowest amount of lead that the 
     Commission determines is technologically feasible to achieve.
       (3) Methods for screening lead in small painted areas.--In 
     order to provide for effective and efficient enforcement of 
     the limit set forth in section 1303.1 of title 16, Code of 
     Federal Regulations, the Commission may rely on x-ray 
     fluorescence technology or other alternative methods for 
     measuring lead in paint or other surface coatings on 
     products subject to such section where the total weight of 
     such paint or surface coating is no greater than 10 
     milligrams or where such paint or surface coating covers 
     no more than 1 square centimeter of the surface area of 
     such products. Such alternative methods for measurement 
     shall not permit more than 2 micrograms of lead in a total 
     weight of 10 milligrams or less of paint or other surface 
     coating or in a surface area of 1 square centimeter or 
     less.
       (4) Alternative methods of measuring lead in paint 
     generally.--
       (A) Study.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall complete a study 
     to evaluate the effectiveness, precision, and reliability of 
     x-ray fluorescence technology and other alternative methods 
     for measuring lead in paint or other surface coatings when 
     used on a children's product or furniture article in order to 
     determine compliance with part 1303 of title 16, Code of 
     Federal Regulations, as modified pursuant to this subsection.
       (B) Rulemaking.--If the Commission determines, based on the 
     study in subparagraph (A), that x-ray fluorescence technology 
     or other alternative methods for measuring lead in paint are 
     as effective, precise, and reliable as the methodology used 
     by the Commission for compliance determinations prior to the 
     date of enactment of this Act, the Commission may promulgate 
     regulations governing the use of such methods in determining 
     the compliance of products with part 1303 of title 16, Code 
     of Federal Regulations, as modified pursuant to this 
     subsection. Any regulations promulgated by the Commission 
     shall ensure that such alternative methods are no less 
     effective, precise, and reliable than the methodology used by 
     the Commission prior to the date of enactment of this Act.
       (5) Periodic review.--The Commission shall, no less 
     frequently than every 5 years after the Commission completes 
     the study required by paragraph (4)(A), review and revise any 
     methods for measurement utilized by the Commission pursuant 
     to paragraph (3) or pursuant to any regulations promulgated 
     under paragraph (4) to ensure that such methods are the most 
     effective methods available to protect children's health. The 
     Commission shall conduct an ongoing effort to study and 
     encourage the further development of alternative methods for 
     measuring lead in paint and other surface coating that can 
     effectively, precisely, and reliably detect lead levels at or 
     below the level set forth in part 1303 of title 16, Code of 
     Federal Regulations, or any lower level established by 
     regulation.
       (6) No effect on legal limit.--Nothing in paragraph (3), 
     nor reliance by the Commission on any alternative method of 
     measurement pursuant to such paragraph, nor any rule 
     prescribed pursuant to paragraph (4), nor any method 
     established pursuant to paragraph (5) shall be construed to 
     alter the limit set forth in section 1303 of title 16, Code 
     of Federal Regulations, as modified pursuant to this 
     subsection, or provide any exemption from such limit.
       (7) Construction.--Nothing in this subsection shall be 
     construed to affect the authority of the Commission or any 
     other person to use alternative methods for detecting lead as 
     a screening method to determine whether further testing or 
     action is needed.
       (g) Treatment as a Regulation Under the FHSA.--Any ban 
     imposed by subsection (a) or rule promulgated under 
     subsection (a) or (b) of this section, and section 1303.1 of 
     title 16, Code of Federal Regulations (as modified pursuant 
     to subsection (f)(1) or (2)), or any successor regulation, 
     shall be considered a regulation of the Commission 
     promulgated under or for the enforcement of section 2(q) of 
     the Federal Hazardous Substances Act (15 U.S.C. 1261(q)).

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

       (a) Mandatory and Third Party Testing.--
       (1) General conformity certification.--
       (A) Amendment.--Paragraph (1) of section 14(a) (15 U.S.C. 
     2063(a)) is amended to read as follows:
       ``(1) General conformity certification.--Except as provided 
     in paragraphs (2) and (3), every manufacturer of a product 
     which is subject to a consumer product safety rule under this 
     Act or similar rule, ban, standard, or regulation under any 
     other Act enforced by the Commission and which is imported 
     for consumption or warehousing or distributed in commerce 
     (and the private labeler of such

[[Page H7196]]

     product if such product bears a private label) shall issue a 
     certificate which--
       ``(A) shall certify, based on a test of each product or 
     upon a reasonable testing program, that such product complies 
     with all rules, bans, standards, or regulations applicable to 
     the product under this Act or any other Act enforced by the 
     Commission; and
       ``(B) shall specify each such rule, ban, standard, or 
     regulation applicable to the product.''.
       (B) Effective date.--The amendment made by subparagraph (A) 
     shall take effect 90 days after the date of enactment of this 
     Act.
       (2) Third party testing requirement.--Section 14(2) (15 
     U.S.C. 2063(2)) is further amended by redesignating paragraph 
     (2) as paragraph (4) and inserting after paragraph (1) the 
     following:
       ``(2) Third party testing requirement.--Effective on the 
     dates provided in paragraph (3), before importing for 
     consumption or warehousing or distributing in commerce any 
     children's product that is subject to a children's product 
     safety rule, every manufacturer of such children's product 
     (and the private labeler of such children's product if such 
     children's product bears a private label) shall--
       ``(A) submit sufficient samples of the children's product, 
     or samples that are identical in all material respects to the 
     product, to a third party conformity assessment body 
     accredited under paragraph (3) to be tested for compliance 
     with such children's product safety rule; and
       ``(B) based on such testing, issue a certificate that 
     certifies that such children's product complies with the 
     children's product safety rule based on the assessment of a 
     third party conformity assessment body accredited to conduct 
     such tests.

     A manufacturer or private labeler shall issue either a 
     separate certificate for each children's product safety rule 
     applicable to a product or a combined certificate that 
     certifies compliance with all applicable children's product 
     safety rules, in which case each such rule shall be 
     specified.
       ``(3) Schedule for implementation of third party testing.--
       ``(A) General application.--Except as provided under 
     subparagraph (F), the requirements of paragraph (2) shall 
     apply to any children's product manufactured more than 90 
     days after the Commission has established and published 
     notice of the requirements for accreditation of third party 
     conformity assessment bodies to assess conformity with a 
     children's product safety rule to which such children's 
     product is subject.
       ``(B) Time line for accreditation.--
       ``(i) Lead paint.--Not later than 30 days after the date of 
     enactment of the Consumer Product Safety Improvement Act of 
     2008, the Commission shall publish notice of the requirements 
     for accreditation of third party conformity assessment bodies 
     to assess conformity with part 1303 of title 16, Code of 
     Federal Regulations.
       ``(ii) Full-size cribs; non full-size cribs; pacifiers.--
     Not later than 60 days after the date of enactment of the 
     Consumer Product Safety Improvement Act of 2008, the 
     Commission shall publish notice of the requirements for 
     accreditation of third party conformity assessment bodies to 
     assess conformity with parts 1508, 1509, and 1511 of such 
     title.
       ``(iii) Small parts.--Not later than 90 days after the date 
     of enactment of the Consumer Product Safety Improvement Act 
     of 2008, the Commission shall publish notice of the 
     requirements for accreditation of third party conformity 
     assessment bodies to assess conformity with part 1501 of such 
     title.
       ``(iv) Children's metal jewelry.--Not later than 120 days 
     after the date of enactment of the Consumer Product Safety 
     Improvement Act of 2008, the Commission shall publish notice 
     of the requirements for accreditation of third party 
     conformity assessment bodies to assess conformity with the 
     requirements of section 101(a)(2) of such Act with respect to 
     children's metal jewelry.
       ``(v) Baby bouncers, walkers, and jumpers.--Not later than 
     210 days after the date of enactment of the Consumer Product 
     Safety Improvement Act of 2008, the Commission shall publish 
     notice of the requirements for accreditation of third party 
     conformity assessment bodies to assess conformity with parts 
     1500.18(a)(6) and 1500.86(a) of such title.
       ``(vi) All other children's product safety rules.--The 
     Commission shall publish notice of the requirements for 
     accreditation of third party conformity assessment bodies to 
     assess conformity with other children's product safety rules 
     at the earliest practicable date, but in no case later than 
     10 months after the date of enactment of the Consumer Product 
     Safety Improvement Act of 2008, or, in the case of children's 
     product safety rules established or revised 1 year or more 
     after such date of enactment, not later than 90 days before 
     such rules or revisions take effect.
       ``(C) Accreditation.--Accreditation of third party 
     conformity assessment bodies pursuant to the requirements 
     established under subparagraph (B) may be conducted either by 
     the Commission or by an independent accreditation 
     organization designated by the Commission.
       ``(D) Periodic review.--The Commission shall periodically 
     review and revise the accreditation requirements established 
     under subparagraph (B) to ensure that the requirements assure 
     the highest conformity assessment body quality that is 
     feasible.
       ``(E) Publication of accredited entities.--The Commission 
     shall maintain on its Internet website an up-to-date list of 
     entities that have been accredited to assess conformity with 
     children's product safety rules in accordance with the 
     requirements published by the Commission under this 
     paragraph.
       ``(F) Extension.--If the Commission determines that an 
     insufficient number of third party conformity assessment 
     bodies have been accredited to permit certification for a 
     children's product safety rule under the accelerated schedule 
     required by this paragraph, the Commission may extend the 
     deadline for certification to such rule by not more than 60 
     days.
       ``(G) Rulemaking.--Until the date that is 3 years after the 
     Consumer Product Safety Improvement Act of 2008, Commission 
     proceedings under this paragraph shall be exempt from the 
     requirements of sections 553 and 601 through 612 of title 5, 
     United States Code.''.
       (3) Conforming amendments.--Section 14(a)(4) (15 U.S.C. 
     2063(a)(4)), as redesignated by paragraph (2) of this 
     subsection, is amended--
       (A) by striking ``required by paragraph (1) of this 
     subsection'' and inserting ``required under paragraph (1), 
     (2), or (3)''; and
       (B) by striking ``requirement under paragraph (1)'' and 
     inserting ``requirement under paragraph (1), (2), or (3)''.
       (b) Additional Requirements; Definitions.--Section 14 (15 
     U.S.C. 2063) is further amended by adding at the end the 
     following:
       ``(d) Additional Regulations for Third Party Testing.--
       ``(1) Audit.--Not later than 10 months after the date of 
     enactment of the Consumer Product Safety Improvement Act of 
     2008, the Commission shall by regulation establish 
     requirements for the periodic audit of third party conformity 
     assessment bodies as a condition for the continuing 
     accreditation of such conformity assessment bodies under 
     subsection (a)(3)(C).
       ``(2) Compliance; continuing testing.--Not later than 15 
     months after the date of enactment of the Consumer Product 
     Safety Improvement Act of 2008, the Commission shall by 
     regulation--
       ``(A) initiate a program by which a manufacturer or private 
     labeler may label a consumer product as complying with the 
     certification requirements of subsection (a); and
       ``(B) establish protocols and standards--
       ``(i) for ensuring that a children's product tested for 
     compliance with an applicable children's product safety rule 
     is subject to testing periodically and when there has been a 
     material change in the product's design or manufacturing 
     process, including the sourcing of component parts;
       ``(ii) for the testing of random samples to ensure 
     continued compliance;
       ``(iii) for verifying that a children's product tested by a 
     conformity assessment body complies with applicable 
     children's product safety rules; and
       ``(iv) for safeguarding against the exercise of undue 
     influence on a third party conformity assessment body by a 
     manufacturer or private labeler.
       ``(e) Withdrawal of Accreditation.--
       ``(1) In general.--The Commission may withdraw its 
     accreditation or its acceptance of the accreditation of a 
     third party conformity assessment body accredited under this 
     section if the Commission finds, after notice and 
     investigation, that--
       ``(A) a manufacturer, private labeler, or governmental 
     entity has exerted undue influence on such conformity 
     assessment body or otherwise interfered with or compromised 
     the integrity of the testing process with respect to the 
     certification of a children's product under this section; or
       ``(B) such conformity assessment body failed to comply with 
     an applicable protocol, standard, or requirement established 
     by the Commission under subsection (d).
       ``(2) Procedure.--In any proceeding to withdraw the 
     accreditation of a conformity assessment body, the 
     Commission--
       ``(A) shall consider the gravity of the conformity 
     assessment body's action or failure to act, including--
       ``(i) whether the action or failure to act resulted in 
     injury, death, or the risk of injury or death;
       ``(ii) whether the action or failure to act constitutes an 
     isolated incident or represents a pattern or practice; and
       ``(iii) whether and when the conformity assessment body 
     initiated remedial action; and
       ``(B) may--
       ``(i) withdraw its acceptance of the accreditation of the 
     conformity assessment body on a permanent or temporary basis; 
     and
       ``(ii) establish requirements for reaccreditation of the 
     conformity assessment body.
       ``(3) Failure to cooperate.--The Commission may suspend the 
     accreditation of a conformity assessment body if it fails to 
     cooperate with the Commission in an investigation under this 
     section.
       ``(f) Definitions.--In this section:
       ``(1) Children's product safety rule.--The term `children's 
     product safety rule' means a consumer product safety rule 
     under this Act or similar rule, regulation, standard, or ban 
     under any other Act enforced by the Commission, including a 
     rule declaring a consumer product to be a banned hazardous 
     product or substance.
       ``(2) Third party conformity assessment body.--

[[Page H7197]]

       ``(A) In general.--The term `third party conformity 
     assessment body' means a conformity assessment body that, 
     except as provided in subparagraph (D), is not owned, 
     managed, or controlled by the manufacturer or private labeler 
     of a product assessed by such conformity assessment body.
       ``(B) Governmental participation.--Such term may include an 
     entity that is owned or controlled in whole or in part by a 
     government if--
       ``(i) to the extent practicable, manufacturers or private 
     labelers located in any nation are permitted to choose 
     conformity assessment bodies that are not owned or controlled 
     by the government of that nation;
       ``(ii) the entity's testing results are not subject to 
     undue influence by any other person, including another 
     governmental entity;
       ``(iii) the entity is not accorded more favorable treatment 
     than other third party conformity assessment bodies in the 
     same nation who have been accredited under this section;
       ``(iv) the entity's testing results are accorded no greater 
     weight by other governmental authorities than those of other 
     third party conformity assessment bodies accredited under 
     this section; and
       ``(v) the entity does not exercise undue influence over 
     other governmental authorities on matters affecting its 
     operations or on decisions by other governmental authorities 
     controlling distribution of products based on outcomes of the 
     entity's conformity assessments.
       ``(C) Testing and certification of art materials and 
     products.--A certifying organization (as defined in appendix 
     A to section 1500.14(b)(8) of title 16, Code of Federal 
     Regulations (or any successor regulation or ruling)) meets 
     the requirements of subparagraph (A) with respect to the 
     certification of art material and art products required under 
     this section or by regulations prescribed under the Federal 
     Hazardous Substances Act (15 U.S.C. 1261 et seq.).
       ``(D) Firewalled conformity assessment bodies.--Upon 
     request, the Commission may accredit a conformity assessment 
     body that is owned, managed, or controlled by a manufacturer 
     or private labeler as a third party conformity assessment 
     body if the Commission by order finds that--
       ``(i) accreditation of the conformity assessment body would 
     provide equal or greater consumer safety protection than the 
     manufacturer's or private labeler's use of an independent 
     third party conformity assessment body; and
       ``(ii) the conformity assessment body has established 
     procedures to ensure that--

       ``(I) its test results are protected from undue influence 
     by the manufacturer, private labeler or other interested 
     party;
       ``(II) the Commission is notified immediately of any 
     attempt by the manufacturer, private labeler or other 
     interested party to hide or exert undue influence over test 
     results; and
       ``(III) allegations of undue influence may be reported 
     confidentially to the Commission.

       ``(g) Requirements for Certificates.--
       ``(1) Identification of issuer and conformity assessment 
     body.--Every certificate required under this section shall 
     identify the manufacturer or private labeler issuing the 
     certificate and any third party conformity assessment body on 
     whose testing the certificate depends. The certificate shall 
     include, at a minimum, the date and place of manufacture, the 
     date and place where the product was tested, each party's 
     name, full mailing address, telephone number, and contact 
     information for the individual responsible for maintaining 
     records of test results.
       ``(2) English language.--Every certificate required under 
     this section shall be legible and all content required by 
     this section shall be in the English language. A certificate 
     may also contain the same content in any other language.
       ``(3) Availability of certificates.--Every certificate 
     required under this section shall accompany the applicable 
     product or shipment of products covered by the same 
     certificate and a copy of the certificate shall be furnished 
     to each distributor or retailer of the product. Upon request, 
     the manufacturer or private labeler issuing the certificate 
     shall furnish a copy of the certificate to the Commission.
       ``(4) Electronic filing of certificates for imported 
     products.--In consultation with the Commissioner of Customs, 
     the Commission may, by rule, provide for the electronic 
     filing of certificates under this section up to 24 hours 
     before arrival of an imported product. Upon request, the 
     manufacturer or private labeler issuing the certificate shall 
     furnish a copy to the Commission and to the Commissioner of 
     Customs.
       ``(h) Rule of Construction.--Compliance of any children's 
     product with third party testing and certification or general 
     conformity certification requirements under this section 
     shall not be construed to exempt such children's product from 
     any requirement that such product actually be in conformity 
     with all applicable rules, regulation, standards, or ban 
     under any Act enforced by the Commission.''.
       (c) CPSC Consideration of Existing Requirements.--In 
     establishing standards for accreditation of a third party 
     conformity assessment body under section 14(a)(3) of the 
     Consumer Product Safety Act, as added by subsection (a), the 
     Commission may consider standards and protocols for 
     accreditation of such conformity assessment bodies by 
     independent accreditation organizations that are in effect on 
     the date of enactment of this Act, but shall ensure that the 
     protocols, standards, and requirements prescribed under such 
     section 14(a)(3) incorporate, as the standard for 
     accreditation, the most current scientific and technological 
     standards and techniques available.
       (d) Conforming Amendments.--Section 14(b) (15 U.S.C. 
     2063(b)) is amended--
       (1) by striking ``consumer products which are subject to 
     consumer product safety standards under this Act'' and 
     inserting ``any product which is subject to a consumer 
     product safety rule under this Act, or a similar rule, 
     regulation, standard, or ban under any other Act enforced by 
     the Commission,''; and
       (2) by striking ``or testing programs.'' and inserting ``, 
     unless the Commission, by rule, requires testing by an 
     independent third party for a particular rule, regulation, 
     standard, or ban, or for a particular class of products.''.

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

       (a) In General.--Section 14(a) (15 U.S.C. 2063(a)), as 
     amended by section 102 of this Act, is further amended by 
     adding at the end the following:
       ``(5) Effective 1 year after the date of enactment of the 
     Consumer Product Safety Improvement Act of 2008, the 
     manufacturer of a children's product shall place permanent, 
     distinguishing marks on the product and its packaging, to the 
     extent practicable, that will enable--
       ``(A) the manufacturer to ascertain the location and date 
     of production of the product, cohort information (including 
     the batch, run number, or other identifying characteristic), 
     and any other information determined by the manufacturer to 
     facilitate ascertaining the specific source of the product by 
     reference to those marks; and
       ``(B) the ultimate purchaser to ascertain the manufacturer 
     or private labeler, location and date of production of the 
     product, and cohort information (including the batch, run 
     number, or other identifying characteristic).''.
       (b) Label Information.--Section 14(c) (15 U.S.C. 2063(c)) 
     is amended by redesignating paragraphs (2) and (3) as 
     paragraphs (3) and (4) and by inserting after paragraph (1) 
     the following:
       ``(2) The cohort information (including the batch, run 
     number, or other identifying characteristic) of the 
     product.''.
       (c) Advertising, Labeling, and Packaging Representation.--
     Section 14 (15 U.S.C. 2063) is further amended by adding at 
     the end the following:
       ``(d) Requirement for Advertisements.--No advertisement for 
     a consumer product or label or packaging of such product may 
     contain a reference to a consumer product safety rule or a 
     voluntary consumer product safety standard unless such 
     product conforms with the applicable safety requirements of 
     such rule or standard.''.

     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 products; 
     and
       (B) in accordance with section 553 of title 5, United 
     States Code, promulgate consumer product safety standards 
     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 standards for no fewer than 2 categories of 
     durable infant or toddler 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 standards set forth under this subsection to 
     ensure that such standards provide the highest level of 
     safety for such products that is feasible.
       (3) Judicial review.--Any person adversely affected by such 
     standards may file a petition for review under the procedures 
     set forth in section 11(g) of the Consumer Product Safety Act 
     (15 U.S.C. 2060(g)), as added by section 236 of this Act.
       (c) Cribs.--
       (1) In general.--It shall be a violation of section 
     19(a)(1) of the Consumer Product Safety Act (15 U.S.C. 
     2068(a)(1)) for any person to which this subsection applies 
     to manufacture, sell, contract to sell or resell, lease, 
     sublet, offer, provide for use, or otherwise place in the 
     stream of commerce a crib that is not in compliance with a 
     standard promulgated under subsection (b).
       (2) Persons to which subsection applies.--This subsection 
     applies to any person that--
       (A) manufactures, distributes in commerce, or contracts to 
     sell cribs;

[[Page H7198]]

       (B) based on the person's occupation, holds itself out as 
     having knowledge or skill peculiar to cribs, including child 
     care facilities and family child care homes;
       (C) is in the business of contracting to sell or resell, 
     lease, sublet, or otherwise place cribs in the stream of 
     commerce; or
       (D) owns or operates a place of public accommodation 
     affecting commerce (as defined in section 4 of the Federal 
     Fire Prevention and Control Act of 1974 (15 U.S.C. 2203) 
     applied without regard to the phrase ``not owned by the 
     Federal Government'').
       (3) Crib defined.--In this subsection, the term ``crib'' 
     includes--
       (A) new and used cribs;
       (B) full-sized or nonfull-sized cribs; and
       (C) portable cribs and crib-pens.
       (d) Consumer Registration Requirement.--
       (1) Rulemaking.--Notwithstanding any provision of chapter 6 
     of title 5, United States Code, or the Paperwork Reduction 
     Act of 1980 (44 U.S.C. 3501 et seq.), 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 each 
     manufacturer of a durable infant or toddler product--
       (A) to provide consumers with a postage-paid consumer 
     registration form with each such product;
       (B) to maintain a record of the names, addresses, e-mail 
     addresses, and other contact information of consumers who 
     register their ownership of such products with the 
     manufacturer in order to improve the effectiveness of 
     manufacturer campaigns to recall such products; and
       (C) to permanently place the manufacturer name and contact 
     information, model name and number, and the date of 
     manufacture on each durable infant or toddler product.
       (2) Requirements for registration form.--The registration 
     form required to be provided to consumers under paragraph (1) 
     shall--
       (A) include spaces for a consumer to provide the consumer's 
     name, address, telephone number, and e-mail 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 
     rules 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 required by this section 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 the appropriate 
     Congressional committees.
       (e) Use of Alternative Recall Notification Technology.--
       (1) Technology assessment and report.--The Commission 
     shall--
       (A) beginning 2 years after a rule is promulgated under 
     subsection (d), regularly review recall notification 
     technology and assess the effectiveness of such technology in 
     facilitating recalls of durable infant or toddler products; 
     and
       (B) not later than 3 years after the date of enactment of 
     this Act and periodically thereafter as the Commission 
     considers appropriate, transmit a report on such assessments 
     to the appropriate Congressional committees.
       (2) Determination.--If, based on the assessment required by 
     paragraph (1), the Commission determines by rule that a 
     recall notification technology is likely to be as effective 
     or more effective in facilitating recalls of durable infant 
     or toddler products as the registration forms required by 
     subsection (d), the Commission--
       (A) shall submit to the appropriate Congressional 
     committees a report on such determination; and
       (B) shall permit a manufacturer of durable infant or 
     toddler products to use such technology in lieu of such 
     registration forms to facilitate recalls of durable infant or 
     toddler products.
       (f) 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) includes--
       (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 ADVERTISING TOYS AND 
                   GAMES.

       Section 24 of the Federal Hazardous Substances Act (15 
     U.S.C. 1278) is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Advertising.--
       ``(1) Requirement.--
       ``(A) Cautionary statement.--Any advertisement by a 
     retailer, manufacturer, importer, distributor, or private 
     labeler (including advertisements on Internet websites or in 
     catalogues or other printed materials) that provides a direct 
     means for the purchase or order of a product for which a 
     cautionary statement is required under subsection (a) or (b) 
     shall include the appropriate cautionary statement displayed 
     on or immediately adjacent to that advertisement, as modified 
     by regulations issued under paragraph (3).
       ``(B) Application to retailers.--
       ``(i) Requirement to inform.--A manufacturer, importer, 
     distributor, or private labeler that provides such a product 
     to a retailer shall inform the retailer of any cautionary 
     statement requirement applicable to the product.
       ``(ii) Retailer's requirement to inquire.--A retailer is 
     not in violation of subparagraph (A) if the retailer 
     requested information from the manufacturer, importer, 
     distributor, or private labeler as to whether the cautionary 
     statement required by subparagraph (A) applies to the product 
     that is the subject of the advertisement and the 
     manufacturer, importer, distributor, or private labeler 
     provided false information or did not provide such 
     information.
       ``(C) Display.--The cautionary statement required by 
     subparagraph (A) shall be prominently displayed--
       ``(i) in the primary language used in the advertisement;
       ``(ii) in conspicuous and legible type in contrast by 
     typography, layout, or color with other material printed or 
     displayed in such advertisement; and
       ``(iii) in a manner consistent with part 1500 of title 16, 
     Code of Federal Regulations.
       ``(D) Definitions.--In this subsection:
       ``(i) The terms `manufacturer', `distributor', and `private 
     labeler' have the meaning given those terms in section 3 of 
     the Consumer Product Safety Act (15 U.S.C. 2052).
       ``(ii) The term `retailer' has the meaning given that term 
     in section 3 of the Consumer Product Safety Act (15 U.S.C. 
     2052), but does not include an individual whose selling 
     activity is intermittent and does not constitute a trade or 
     business.
       ``(2) Effective date.--The requirement in paragraph (1) 
     shall take effect--
       ``(A) with respect to advertisements on Internet websites, 
     120 days after the date of enactment of the Consumer Product 
     Safety Improvement Act of 2008; and
       ``(B) with respect to catalogues and other printed 
     materials, 180 days after such date of enactment.
       ``(3) Rulemaking.--Notwithstanding any provision of chapter 
     6 of title 5, United States Code, or the Paperwork Reduction 
     Act of 1980 (44 U.S.C. 3501 et seq.), the Commission shall, 
     not later than 90 days after the date of enactment of the 
     Consumer Product Safety Improvement Act of 2008, promulgate 
     regulations to effectuate this section with respect to 
     catalogues and other printed material. The Commission may, 
     under such regulations, provide a grace period of no more 
     than 180 days for catalogues and other printed material 
     printed prior to the effective date of paragraph (1) during 
     which time distribution of such catalogues and other printed 
     material shall not be considered a violation of such 
     paragraph. The Commission may promulgate regulations 
     concerning the size and placement of the cautionary statement 
     required by paragraph (1) of this subsection as appropriate 
     relative to the size and placement of the advertisements in 
     such catalogues and other printed material. The Commission 
     shall promulgate regulations that clarify the applicability 
     of these requirements to catalogues and other printed 
     material distributed solely between businesses and not to 
     individual consumers.

[[Page H7199]]

       ``(4) Enforcement.--The requirements in paragraph (1) shall 
     be treated as a consumer product safety standard promulgated 
     under section 9 of the Consumer Product Safety Act (15 U.S.C. 
     2056). The publication or distribution of any advertisement 
     that is not in compliance with paragraph (1) shall be treated 
     as a prohibited act under section 19(a)(1) of such Act (15 
     U.S.C. 2068).''.

     SEC. 106. MANDATORY TOY SAFETY STANDARDS.

       (a) In General.--Beginning 180 days after the date of 
     enactment of this Act, the provisions of ASTM International 
     Standard F963-07 Consumer Safety Specifications for Toy 
     Safety (ASTM F963), as it exists on the date of enactment of 
     this Act (except for section 4.2 and Annex 4 or any provision 
     that restates or incorporates an existing mandatory standard 
     or ban promulgated by the Commission or by statute) shall be 
     considered to be consumer product safety standards issued by 
     the Commission under section 9 of the Consumer Product Safety 
     Act (15 U.S.C. 2058).
       (b) Rulemaking for Specific Toys, Components and Risks.--
       (1) Evaluation.--Not later than 1 year after the date of 
     enactment of this Act, the Commission, in consultation with 
     representatives of consumer groups, juvenile product 
     manufacturers, and independent child product engineers and 
     experts, shall examine and assess the effectiveness of ASTM 
     F963 or its successor standard (except for section 4.2 and 
     Annex 4), as it relates to safety requirements, safety 
     labeling requirements, and test methods related to--
       (A) internal harm or injury hazards caused by the ingestion 
     or inhalation of magnets in children's products;
       (B) toxic substances;
       (C) toys with spherical ends;
       (D) hemispheric-shaped objects;
       (E) cords, straps, and elastics; and
       (F) battery-operated toys.
       (2) Rulemaking.--Within 1 year after the completion of the 
     assessment required by paragraph (1), the Commission shall 
     promulgate rules in accordance with section 553 of title 5, 
     United States Code, that--
       (A) take into account other children's product safety 
     rules; and
       (B) are more stringent than such standards, if the 
     Commission determines that more stringent standards would 
     further reduce the risk of injury of such toys.
       (c) Periodic Review.--The Commission shall periodically 
     review and revise the rules set forth under this section to 
     ensure that such rules provide the highest level of safety 
     for such products that is feasible.
       (d) Consideration of Remaining ASTM Standards.--After 
     promulgating the rules required by subsection (b), the 
     Commission shall--
       (1) in consultation with representatives of consumer 
     groups, juvenile product manufacturers, and independent child 
     product engineers and experts, examine and assess the 
     effectiveness of ASTM F963 (and alternative health protective 
     requirements to prevent or minimize flammability of 
     children's products) or its successor standard, and shall 
     assess the adequacy of such standards in protecting children 
     from safety hazards; and
       (2) in accordance with section 553 of title 5, United 
     States Code, promulgate consumer product safety rules that--
       (A) take into account other children's product safety 
     rules; and
       (B) are more stringent than such standards, if the 
     Commission determines that more stringent standards would 
     further reduce the risk of injury associated with such toys.
       (e) Prioritization.--The Commission shall promulgate rules 
     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.
       (f) Treatment as Consumer Product Safety Standards.--Rules 
     issued under this section shall be considered consumer 
     product safety standards issued by the Commission under 
     section 9 of the Consumer Product Safety Act (15 U.S.C. 
     2058).
       (g) Revisions.--If ASTM International (or its successor 
     entity) proposes to revise ASTM F963-07, or a successor 
     standard, it shall notify the Commission of the proposed 
     revision. The Commission shall incorporate the revision or a 
     section of the revision into the consumer product safety 
     rule. The revised standard shall be considered to be a 
     consumer product safety standard issued by the Consumer 
     Product Safety Commission under section 9 of the Consumer 
     Product Safety Act (15 U.S.C. 2058), effective 180 days after 
     the date on which ASTM International notifies the Commission 
     of the revision unless, within 90 days after receiving that 
     notice, the Commission notifies ASTM International that it 
     has determined that the proposed revision does not improve 
     the safety of the consumer product covered by the standard. 
     If the Commission so notifies ASTM International with respect 
     to a proposed revision of the standard, the existing standard 
     shall continue to be considered to be a consumer product 
     safety rule without regard to the proposed revision.
       (h) Rulemaking to Consider Exemption From Preemption.--
       (1) Exemption of state law from preemption.--Upon 
     application of a State or political subdivision of a State, 
     the Commission shall, after notice and opportunity for oral 
     presentation of views, consider a rulemaking to exempt from 
     the provisions of section 26(a) of the Consumer Product 
     Safety Act (under such conditions as it may impose in the 
     rule) any proposed safety standard or regulation which is 
     described in such application and which is designed to 
     protect against a risk of injury associated with a children's 
     product subject to the consumer product safety standards 
     described in subsection (a) or any rule promulgated under 
     this section. The Commission shall grant such an exemption if 
     the State or political subdivision standard or regulation--
       (A) provides a significantly higher degree of protection 
     from such risk of injury than the consumer product safety 
     standard or rule under this section; and
       (B) does not unduly burden interstate commerce.

     In determining the burden, if any, of a State or political 
     subdivision standard or regulation on interstate commerce, 
     the Commission shall consider and make appropriate (as 
     determined by the Commission in its discretion) findings on 
     the technological and economic feasibility of complying with 
     such standard or or regulation, the cost of complying with 
     such standard or regulation, the geographic distribution 
     of the consumer product to which the standard or 
     regulation would apply, the probability of other States or 
     political subdivisions applying for an exemption under 
     this subsection for a similar standard or regulation, and 
     the need for a national, uniform standard under this Act 
     for such consumer product.
       (2) Effect of standards on established state laws.--Nothing 
     in this section or in section 26 of the Consumer Product 
     Safety Act (15 U.S.C. 2075) shall prevent a State or 
     political subdivision of a State from continuing in effect a 
     safety requirement applicable to a toy or other children's 
     product that is designed to deal with the same risk of injury 
     as the consumer product safety standards established by this 
     section and that is in effect on the day before the date of 
     enactment of this Act, if such State or political subdivision 
     has filed such requirement with the Commission within 90 days 
     after the date of enactment of this Act, in such form and in 
     such manner as the Commission may require.
       (i) Judicial Review.--The issuance of any rule under this 
     section is subject to judicial review as provided in section 
     11(g) of the Consumer Product Safety Act (15 U.S.C. 2060(g)), 
     as added by section 236 of this Act.

     SEC. 107. 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 
     enactment of this Act, the Comptroller General shall initiate 
     a study, by the Government Accountability Office or by 
     contract through an independent entity, to assess disparities 
     in the risks and incidence of preventable injuries and deaths 
     among children of minority populations, including Black, 
     Hispanic, American Indian, Alaska Native, Native Hawaiian, 
     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, including 
     those associated with the use of cribs, mattresses and 
     bedding materials, swimming pools and spas, and toys and 
     other products intended for use by children.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall report 
     the findings to the appropriate Congressional committees. 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. 108. PROHIBITION ON SALE OF CERTAIN PRODUCTS CONTAINING 
                   SPECIFIED PHTHALATES.

       (a) Prohibition on the Sale of Certain Products Containing 
     Phthalates.--Beginning on the date that is 180 days after the 
     date of enactment of this Act, it shall be unlawful for any 
     person to manufacture for sale, offer for sale, distribute in 
     commerce, or import into the United States any children's toy 
     or child care article that contains concentrations of more 
     than 0.1 percent of di-(2-ethylhexyl) phthalate (DEHP), 
     dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP).
       (b) Prohibition on the Sale of Additional Products 
     Containing Certain Phthalates.--
       (1) Interim prohibition.--Beginning on the date that is 180 
     days after the date of enactment of this Act and until a 
     final rule is promulgated under paragraph (3), it shall be 
     unlawful for any person to manufacture for sale, offer for 
     sale, distribute in commerce, or import into the United 
     States any children's toy that can be placed in a child's 
     mouth or child care article that contains concentrations 
     of more than 0.1 percent of diisononyl phthalate (DINP), 
     diisodecyl phthalate (DIDP), or di-n-octyl phthalate 
     (DnOP).
       (2) Chronic hazard advisory panel.--
       (A) Appointment.--Not earlier than 180 days after the date 
     of enactment of this Act, the Commission shall begin the 
     process of

[[Page H7200]]

     appointing a Chronic Hazard Advisory Panel pursuant to the 
     procedures of section 28 of the Consumer Product Safety Act 
     (15 U.S.C. 2077) to study the effects on children's health of 
     all phthalates and phthalate alternatives as used in 
     children's toys and child care articles.
       (B) Examination.--The panel shall, within 18 months after 
     its appointment under subparagraph (A), complete an 
     examination of the full range of phthalates that are used in 
     products for children and shall--
       (i) examine all of the potential health effects (including 
     endocrine disrupting effects) of the full range of 
     phthalates;
       (ii) consider the potential health effects of each of these 
     phthalates both in isolation and in combination with other 
     phthalates;
       (iii) examine the likely levels of children's, pregnant 
     women's, and others' exposure to phthalates, based on a 
     reasonable estimation of normal and foreseeable use and abuse 
     of such products;
       (iv) consider the cumulative effect of total exposure to 
     phthalates, both from children's products and from other 
     sources, such as personal care products;
       (v) review all relevant data, including the most recent, 
     best-available, peer-reviewed, scientific studies of these 
     phthalates and phthalate alternatives that employ objective 
     data collection practices or employ other objective methods;
       (vi) consider the health effects of phthalates not only 
     from ingestion but also as a result of dermal, hand-to-mouth, 
     or other exposure;
       (vii) consider the level at which there is a reasonable 
     certainty of no harm to children, pregnant women, or other 
     susceptible individuals and their offspring, considering the 
     best available science, and using sufficient safety factors 
     to account for uncertainties regarding exposure and 
     susceptibility of children, pregnant women, and other 
     potentially susceptible individuals; and
       (viii) consider possible similar health effects of 
     phthalate alternatives used in children's toys and child care 
     articles.

     The panel's examinations pursuant to this paragraph shall be 
     conducted de novo. The findings and conclusions of any 
     previous Chronic Hazard Advisory Panel on this issue and 
     other studies conducted by the Commission shall be reviewed 
     by the panel but shall not be considered determinative.
       (C) Report.--Not later than 180 days after completing its 
     examination, the panel appointed under subparagraph (A) shall 
     report to the Commission the results of the examination 
     conducted under this section and shall make 
     recommendations to the Commission regarding any phthalates 
     (or combinations of phthalates) in addition to those 
     identified in subsection (a) or phthalate alternatives 
     that the panel determines should be declared banned 
     hazardous substances.
       (3) Permanent prohibition by rule.--Not later than 180 days 
     after receiving the report of the panel under paragraph 
     (2)(C), the Commission shall, pursuant to section 553 of 
     title 5, United States Code, promulgate a final rule to--
       (A) determine, based on such report, whether to continue in 
     effect the prohibition under paragraph (1), in order to 
     ensure a reasonable certainty of no harm to children, 
     pregnant women, or other susceptible individuals with an 
     adequate margin of safety; and
       (B) evaluate the findings and recommendations of the 
     Chronic Hazard Advisory Panel and declare any children's 
     product containing any phthalates to be a banned hazardous 
     product under section 8 of the Consumer Product Safety Act 
     (15 U.S.C. 2057), as the Commission determines necessary to 
     protect the health of children.
       (c) Treatment of Violation.--A violation of subsection (a) 
     or (b)(1) or any rule promulgated by the Commission under 
     subsection (b)(3) shall be treated as a violation of section 
     19(a)(1) of the Consumer Product Safety Act (15 U.S.C. 
     2068(a)(1)).
       (d) Treatment as Consumer Product Safety Standards; Effect 
     on State Laws.--Subsections (a) and (b)(1) and any rule 
     promulgated under subsection (b)(3) shall be considered 
     consumer product safety standards under the Consumer Product 
     Safety Act. Nothing in this section or the Consumer Product 
     Safety Act (15 U.S.C. 2051 et seq.) shall be construed to 
     preempt or otherwise affect any State requirement with 
     respect to any phthalate alternative not specifically 
     regulated in a consumer product safety standard under the 
     Consumer Product Safety Act.
       (e) Definitions.--
       (1) Defined terms.--As used in this section:
       (A) The term ``phthalate alternative'' means any common 
     substitute to a phthalate, alternative material to a 
     phthalate, or alternative plasticizer.
       (B) The term ``children's toy'' means a consumer product 
     designed or intended by the manufacturer for a child 12 years 
     of age or younger for use by the child when the child plays.
       (C) The term ``child care article'' means a consumer 
     product designed or intended by the manufacturer to 
     facilitate sleep or the feeding of children age 3 and 
     younger, or to help such children with sucking or teething.
       (D) The term ``consumer product'' has the meaning given 
     such term in section 3(a)(1) of the Consumer Product Safety 
     Act (15 U.S.C. 2052(a)(1)).
       (2) Determination guidelines.--
       (A) Age.--In determining whether products described in 
     paragraph (1) are designed or intended for use by a child of 
     the ages specified, 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, promotion, or advertising as appropriate for use by 
     children of the ages specified.
       (iii) Whether the product is commonly recognized by 
     consumers as being intended for use by a child of the ages 
     specified.
       (iv) The Age Determination guidelines issued by the 
     Commission staff in September 2002 and any successor to such 
     guidelines.
       (B) Toy that can be placed in a child's mouth.-- For 
     purposes of this section a toy can be placed in a child's 
     mouth if any part of the toy can actually be brought to the 
     mouth and kept in the mouth by a child so that it can be 
     sucked and chewed. If the children's product can only be 
     licked, it is not regarded as able to be placed in the mouth. 
     If a toy or part of a toy in one dimension is smaller than 5 
     centimeters, it can be placed in the mouth.

          TITLE II--CONSUMER PRODUCT SAFETY COMMISSION REFORM

                Subtitle A--Administrative Improvements

     SEC. 201. REAUTHORIZATION OF THE COMMISSION.

       (a) Authorization of Appropriations.--Subsection (a) of 
     section 32 (15 U.S.C. 2081) is amended to read as follows:
       ``(a) General Authorization of Appropriations.--
       ``(1) In general.--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) $118,200,000 for fiscal year 2010;
       ``(B) $115,640,000 for fiscal year 2011;
       ``(C) $123,994,000 for fiscal year 2012;
       ``(D) $131,783,000 for fiscal year 2013; and
       ``(E) $136,409,000 for fiscal year 2014.
       ``(2) Travel allowance.--From amounts appropriated pursuant 
     to paragraph (1), there shall be made available $1,200,000 
     for fiscal year 2010, $1,248,000 for fiscal year 2011, 
     $1,297,000 for fiscal year 2012, $1,350,000 for fiscal year 
     2013, and $1,403,000 for fiscal year 2014, 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.''.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall transmit to the 
     appropriate Congressional committees a report of its plans to 
     allocate the funding authorized by subsection (a). Such 
     report shall include--
       (1) the number of full-time investigators and other full-
     time equivalents the Commission intends to employ;
       (2) efforts by the Commission to develop standards for 
     training product safety inspectors and technical staff 
     employed by the Commission;
       (3) efforts and policies of the Commission to encourage 
     Commission scientific staff to seek appropriate publishing 
     opportunities in peer-reviewed journals and other media; 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 rules 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.
       (c) Conforming Amendments.--Section 32 (15 U.S.C. 2081) is 
     further amended by striking subsection (b) and redesignating 
     subsection (c) as subsection (b) and inserting after such 
     subsection designation the following: ``Limitation.--''.

     SEC. 202. FULL COMMISSION REQUIREMENT; INTERIM QUORUM; 
                   PERSONNEL.

       (a) 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 1 year period beginning on 
     the date of enactment of this Act.
       (b) Repeal of Quorum Limitation.--
       (1) Repeal.--Title III of Public Law 102-389 is amended by 
     striking the first proviso in the item captioned ``Consumer 
     Product Safety Commission, Salaries and Expenses'' (15 U.S.C. 
     2053 note).
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect 1 year after the date of enactment of this 
     Act.
       (c) Personnel.--
       (1) Professional staff.--The Commission shall increase the 
     number of full-time personnel employed by the Commission to 
     at least 500 by October 1, 2013, subject to the availability 
     of appropriations.
       (2) Ports of entry; overseas inspectors.--As part of the 
     500 full-time employees required by paragraph (1), the 
     Commission

[[Page H7201]]

     shall hire personnel to be assigned to duty stations at 
     United States ports of entry, or to inspect overseas 
     manufacturing facilities, subject to the availability of 
     appropriations.

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

     SEC. 204. EXPEDITED RULEMAKING.

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

     SEC. 205. INSPECTOR GENERAL AUDITS AND REPORTS.

       (a) Improvements by the Commission.--The Inspector General 
     of the Commission shall conduct reviews and audits to 
     assess--
       (1) the Commission's capital improvement efforts, including 
     improvements and upgrades of the Commission's information 
     technology architecture and systems and the development of 
     the database of publicly available information on incidents 
     involving injury or death required under section 6A of the 
     Consumer Product Safety Act, as added by section 212 of this 
     Act; and
       (2) the adequacy of procedures for accrediting conformity 
     assessment bodies as authorized by section 14(a)(3) of the 
     Consumer Product Safety Act (15 U.S.C. 2063(a)(3)), as 
     amended by this Act, and overseeing the third party testing 
     required by such section.
       (b) Employee Complaints.--Within 1 year after the date of 
     enactment of this Act, the Inspector General shall conduct a 
     review of--
       (1) complaints received by the Inspector General from 
     employees of the Commission about failures of other employees 
     to enforce the rules or regulations of the Consumer Product 
     Safety Act or any other Act enforced by the Commission or 
     otherwise carry out their responsibilities under such Acts if 
     such alleged failures raise issues of conflicts of interest, 
     ethical violations, or the absence of good faith; and
       (2) actions taken by the Commission to address such 
     failures and complaints, including an assessment of the 
     timeliness and effectiveness of such actions.
       (c) Public Internet Website Links.--Not later than 30 days 
     after the date of enactment of this Act, the Commission shall 
     establish and maintain--
       (1) a direct link on the homepage of its Internet website 
     to the Internet webpage of the Commission's Office of 
     Inspector General; and
       (2) a mechanism on the webpage of the Commission's Office 
     of Inspector General by which individuals may anonymously 
     report cases of waste, fraud, or abuse with respect to the 
     Commission.
       (d) Reports.--

[[Page H7202]]

       (1) Activities and needs of inspector general.--Not later 
     than 60 days after the date of enactment of this Act, the 
     Inspector General of the Commission shall transmit a report 
     to the appropriate Congressional committees 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.
       (2) Reviews of improvements and employee complaints.--
     Beginning for fiscal year 2010, the Inspector General of the 
     Commission shall include in an annual report to the 
     appropriate Congressional committees the Inspector General's 
     findings, conclusions, and recommendations from the reviews 
     and audits under subsections (a) and (b).

     SEC. 206. INDUSTRY-SPONSORED TRAVEL BAN.

       (a) In General.--The Act (15 U.S.C. 1251 et seq.) is 
     amended by adding at the end the following new section:

     ``SEC. 39. PROHIBITION ON INDUSTRY-SPONSORED TRAVEL.

       ``Notwithstanding section 1353 of title 31, United States 
     Code, and section 27(b)(6) of this Act, no Commissioner or 
     employee of the Commission shall accept travel, subsistence, 
     or 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) Clerical Amendment.--The table of contents in section 1 
     (15 U.S.C. 2051 note) is amended by inserting at the end the 
     following:

``Sec. 39. Prohibition on industry-sponsored travel.''.

     SEC. 207. 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) Sharing of Information With Federal, State, Local, 
     and Foreign Government Agencies.--
       ``(1) Agreements and conditions.--Notwithstanding the 
     requirements of subsections (a)(3) and (b) of section 6, 
     relating to public disclosure of information, the Commission 
     may make information obtained by the Commission available to 
     any Federal, State, local, or foreign government agency upon 
     the prior certification of an appropriate official of any 
     such agency, either by a prior agreement or memorandum of 
     understanding with the Commission or by other written 
     certification, that such material will be maintained in 
     confidence and will be used only for official law enforcement 
     or consumer protection purposes, if--
       ``(A) the agency has set forth a bona fide legal basis for 
     its authority to maintain the material in confidence;
       ``(B) the materials are to be used for purposes of 
     investigating, or engaging in enforcement proceedings related 
     to, possible violations of--
       ``(i) laws regulating the manufacture, importation, 
     distribution, or sale of defective or unsafe consumer 
     products, or other practices substantially similar to 
     practices prohibited by any law administered by the 
     Commission;
       ``(ii) a law administered by the Commission, if disclosure 
     of the material would further a Commission investigation or 
     enforcement proceeding; or
       ``(iii) with respect to a foreign law enforcement agency, 
     with the approval of the Attorney General, other foreign 
     criminal laws, if such foreign criminal laws are offenses 
     defined in or covered by a criminal mutual legal assistance 
     treaty in force between the government of the United States 
     and the foreign law enforcement agency's government; and
       ``(C) 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) Abrogation of agreements.--The Commission may 
     abrogate any agreement or memorandum of understanding with 
     another agency if the Commission determines that the other 
     agency 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) Additional rules against disclosure.--Except as 
     provided in paragraph (4), the Commission shall not be 
     required to disclose under section 552 of title 5, United 
     States Code, or any other provision of law--
       ``(A) any material obtained from a foreign government 
     agency, if the foreign government agency has requested 
     confidential treatment, or has precluded such disclosure 
     under other use limitations, as a condition of providing the 
     material;
       ``(B) any material reflecting a consumer complaint obtained 
     from any other foreign source, if that foreign source 
     supplying the material has requested confidential treatment 
     as a condition of providing the material; or
       ``(C) any material reflecting a consumer complaint 
     submitted to a Commission reporting mechanism sponsored in 
     part by foreign government agencies.
       ``(4) Limitation.--Nothing in this subsection authorizes 
     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.
       ``(5) Definition.--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) Notification to State Health Departments.--Whenever 
     the Commission is notified of any voluntary corrective action 
     taken by a manufacturer (or a retailer in the case of a 
     retailer selling a product under its own label) in 
     consultation with the Commission, 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 such voluntary 
     corrective action or order.''.

     SEC. 208. EMPLOYEE TRAINING EXCHANGES.

       (a) In General.--The Commission may--
       (1) retain or employ officers or employees of foreign 
     government agencies on a temporary basis pursuant to section 
     4 of the Consumer Product Safety Act (15 U.S.C. 2053) or 
     section 3101 or 3109 of title 5, United States Code; and
       (2) detail officers or employees of the Commission to work 
     on a temporary basis for appropriate foreign government 
     agencies for the purpose of providing or receiving training.
       (b) Reciprocity and Reimbursement.--The Commission may 
     execute the authority contained in subsection (a) with or 
     without reimbursement in money or in kind, and with or 
     without reciprocal arrangements by or on behalf of the 
     foreign government agency involved. Any amounts received as 
     reimbursement for expenses incurred by the Commission under 
     this section shall be credited to the appropriations account 
     from which such expenses were paid.
       (c) Standards of Conduct.--An individual retained or 
     employed under subsection (a)(1) shall be considered to be a 
     Federal employee while so retained or employed, only for 
     purposes of--
       (1) injury compensation as provided in chapter 81 of title 
     5, United States Code, and tort claims liability under 
     chapter 171 of title 28, United States Code;
       (2) the Ethics in Government Act (5 U.S.C. App.) and the 
     provisions of chapter 11 of title 18, United States Code; and
       (3) any other statute or regulation governing the conduct 
     of Federal employees.

     SEC. 209. ANNUAL REPORTING REQUIREMENT.

       (a) In General.--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 (7) through (13), respectively, and inserting 
     after paragraph (4) the following:
       ``(5) the number and a summary of recall orders issued 
     under section 12 or 15 during such year and a summary of 
     voluntary corrective actions taken by manufacturers in 
     consultation with the Commission of which the Commission has 
     notified the public, and an assessment of such orders and 
     actions;
       ``(6) beginning not later than 1 year after the date of 
     enactment of the Consumer Product Safety Improvement Act of 
     2008--
       ``(A) progress reports and incident updates with respect to 
     action plans implemented under section 15(d);
       ``(B) statistics with respect to injuries and deaths 
     associated with products that the Commission determines 
     present a substantial product hazard under section 15(c); and
       ``(C) the number and type of communication from consumers 
     to the Commission with respect to each product with respect 
     to which the Commission takes action under section 15(d);''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to reports submitted for fiscal year 
     2009 and thereafter.

               Subtitle B--Enhanced Enforcement Authority

     SEC. 211. PUBLIC DISCLOSURE OF INFORMATION.

        Section 6 (15 U.S.C. 2055) is amended--
       (1) by inserting ``A manufacturer or private labeler shall 
     submit any such mark within 15 calendar days after the date 
     on which it receives the Commission's offer.'' after 
     ``paragraph (2).'' in subsection (a)(3);
       (2) by striking ``30 days'' in subsection (b)(1) and 
     inserting ``15 days'';
       (3) by striking ``finds that the public'' in subsection 
     (b)(1) and inserting ``publishes a finding that the public'';

[[Page H7203]]

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

     SEC. 212. ESTABLISHMENT OF A PUBLIC CONSUMER PRODUCT SAFETY 
                   DATABASE.

       (a) In General.--The Act is amended by inserting after 
     section 6 (15 U.S.C. 2055) the following:

     ``SEC. 6A. PUBLICLY AVAILABLE CONSUMER PRODUCT SAFETY 
                   INFORMATION DATABASE.

       ``(a) Database Required.--
       ``(1) In general.--Subject to the availability of 
     appropriations, the Commission shall, in accordance with the 
     requirements of this section, establish and maintain a 
     database on the safety of consumer products, and other 
     products or substances regulated by the Commission, that is--
       ``(A) publicly available;
       ``(B) searchable; and
       ``(C) accessible through the Internet website of the 
     Commission.
       ``(2) Submission of detailed implementation plan to 
     congress.--Not later than 180 days after the date of 
     enactment of the Consumer Product Safety Improvement Act of 
     2008, the Commission shall transmit to the appropriate 
     Congressional committees a detailed plan for establishing and 
     maintaining the database required by paragraph (1), including 
     plans for the operation, content, maintenance, and 
     functionality of the database. The plan shall detail the 
     integration of the database into the Commission's overall 
     information technology improvement objectives and plans. The 
     plan submitted under this subsection shall include a detailed 
     implementation schedule for the database, and plans for a 
     public awareness campaign to be conducted by the Commission 
     to increase consumer awareness of the database.
       ``(3) Date of initial availability.--Not later than 18 
     months after the date on which the Commission submits the 
     plan required by paragraph (2), the Commission shall 
     establish the database required by paragraph (1).
       ``(b) Content and Organization.--
       ``(1) Contents.--Except as provided in subsection (c)(4), 
     the database shall include the following:
       ``(A) Reports of harm relating to the use of consumer 
     products, and other products or substances regulated by the 
     Commission, that are received by the Commission from--
       ``(i) consumers;
       ``(ii) local, State, or Federal government agencies;
       ``(iii) health care professionals;
       ``(iv) child service providers; and
       ``(v) public safety entities.
       ``(B) Information derived by the Commission from notice 
     under section 15(c) or any notice to the public relating to a 
     voluntary corrective action taken by a manufacturer, in 
     consultation with the Commission, of which action the 
     Commission has notified the public.
       ``(C) The comments received by the Commission under 
     subsection (c)(2)(A) to the extent requested under subsection 
     (c)(2)(B).
       ``(2) Submission of information.--In implementing the 
     database, the Commission shall establish the following:
       ``(A) Electronic, telephonic, and paper-based means of 
     submitting, for inclusion in the database, reports described 
     in paragraph (1)(A) of this subsection.
       ``(B) A requirement that any report described in paragraph 
     (1)(A) submitted for inclusion in such database include, at a 
     minimum--
       ``(i) a description of the consumer product (or other 
     product or substance regulated by the Commission) concerned;
       ``(ii) identification of the manufacturer or private 
     labeler of the consumer product (or other product or 
     substance regulated by the Commission);
       ``(iii) a description of the harm relating to the use of 
     the consumer product (or other product or substance regulated 
     by the Commission);
       ``(iv) contact information for the person submitting the 
     report; and
       ``(v) a verification by the person submitting the 
     information that the information submitted is true and 
     accurate to the best of the person's knowledge and that the 
     person consents that such information be included in the 
     database.
       ``(3) Additional information.--In addition to the reports 
     received under paragraph (1), the Commission shall include in 
     the database, consistent with the requirements of section 
     6(a) and (b), any additional information it determines to be 
     in the public interest.
       ``(4) Organization of database.--The Commission shall 
     categorize the information available on the database in a 
     manner consistent with the public interest and in such manner 
     as it determines to facilitate easy use by consumers and 
     shall ensure, to the extent practicable, that the database is 
     sortable and accessible by--
       ``(A) the date on which information is submitted for 
     inclusion in the database;
       ``(B) the name of the consumer product (or other product or 
     substance regulated by the Commission);
       ``(C) the model name;
       ``(D) the manufacturer's or private labeler's name; and
       ``(E) such other elements as the Commission considers in 
     the public interest.
       ``(5) Notice requirements.--The Commission shall provide 
     clear and conspicuous notice to users of the database that 
     the Commission does not guarantee the accuracy, completeness, 
     or adequacy of the contents of the database.
       ``(6) Availability of contact information.--The Commission 
     may not disclose, under this section, the name, address, or 
     other contact information of any individual or entity that 
     submits to the Commission a report described in paragraph 
     (1)(A), except that the Commission may provide such 
     information to the manufacturer or private labeler of the 
     product with the express written consent of the person 
     submitting the information. Consumer information provided to 
     a manufacturer or private labeler under this section may not 
     be used or disseminated to any other party for any purpose 
     other than verifying a report submitted under paragraph 
     (1)(A).
       ``(c) Procedural Requirements.--
       ``(1) Transmission of reports to manufacturers and private 
     labelers.--Not later than 5 business days after the 
     Commission receives a report described in subsection 
     (b)(1)(A) which includes the information required by 
     subsection (b)(2)(B), the Commission shall to the extent 
     practicable transmit the report, subject to subsection 
     (b)(6), to the manufacturer or private labeler identified in 
     the report.
       ``(2) Opportunity to comment.--
       ``(A) In general.--If the Commission transmits a report 
     under paragraph (1) to a manufacturer or private labeler, the 
     Commission shall provide such manufacturer or private labeler 
     an opportunity to submit comments to the Commission on the 
     information contained in such report.
       ``(B) Request for inclusion in database.--A manufacturer or 
     private labeler may request the Commission to include its 
     comments in the database.
       ``(C) Confidential matter.--
       ``(i) In general.--If the Commission transmits a report 
     received under paragraph (1) to a manufacturer or private 
     labeler, the manufacturer or private labeler may review the 
     report for confidential information and request that portions 
     of the report identified as confidential be so designated.
       ``(ii) Redaction.--If the Commission determines that the 
     designated information contains, or relates to, a trade 
     secret or other matter referred to in section 1905 of title 
     18, United States Code, or that is subject to section 
     552(b)(4) of title 5, United States Code, the Commission 
     shall redact the designated information in the report before 
     it is placed in the database.
       ``(iii) Review.--If the Commission determines that the 
     designated information is not confidential under clause (ii), 
     the Commission shall notify the manufacturer or private 
     labeler and include the information in the database. The 
     manufacturer or private labeler may bring an action in the 
     district court of the United States in the district in which 
     the complainant resides, or has its principal place of 
     business, or in the United States District Court for the 
     District of Columbia, to seek removal of the information from 
     the database.
       ``(3) Publication of reports and comments.--

[[Page H7204]]

       ``(A) Reports.--Except as provided in paragraph (4)(A), if 
     the Commission receives a report described in subsection 
     (b)(1)(A), the Commission shall make the report available in 
     the database not later than the 10th business day after the 
     date on which the Commission transmits the report under 
     paragraph (1) of this subsection.
       ``(B) Comments.--Except as provided in paragraph (4)(A), if 
     the Commission receives a comment under paragraph (2)(A) with 
     respect to a report described in subsection (b)(1)(A) and a 
     request with respect to such comment under paragraph (2)(B) 
     of this subsection, the Commission shall make such comment 
     available in the database at the same time as such report or 
     as soon as practicable thereafter.
       ``(4) Inaccurate information.--
       ``(A) Inaccurate information in reports and comments 
     received.--If, prior to making a report described in 
     subsection (b)(1)(A) or a comment described in paragraph (2) 
     of this subsection available in the database, the Commission 
     determines that the information in such report or comment is 
     materially inaccurate, the Commission shall--
       ``(i) decline to add the materially inaccurate information 
     to the database;
       ``(ii) correct the materially inaccurate information in the 
     report or comment and add the report or comment to the 
     database; or
       ``(iii) add information to correct inaccurate information 
     in the database.
       ``(B) Inaccurate information in database.--If the 
     Commission determines, after investigation, that information 
     previously made available in the database is materially 
     inaccurate or duplicative of information in the database, the 
     Commission shall, not later than 7 business days after such 
     determination--
       ``(i) remove such information from the database;
       ``(ii) correct such information; or
       ``(iii) add information to correct inaccurate information 
     in the database.
       ``(d) Annual Report.--The Commission shall submit to the 
     appropriate Congressional committees an annual report on the 
     database, including--
       ``(1) the operation, content, maintenance, functionality, 
     and cost of the database for the reporting year; and
       ``(2) the number of reports and comments for the year--
       ``(A) received by the Commission under this section;
       ``(B) posted on the database; and
       ``(C) corrected on or removed from the database.
       ``(e) GAO Study.--Within 2 years after the date on which 
     the Commission establishes the database under this section, 
     the Comptroller General shall submit a report to the 
     appropriate Congressional committees containing--
       ``(1) an analysis of the general utility of the database, 
     including--
       ``(A) an assessment of the extent of use of the database by 
     consumers, including whether the database is accessed by a 
     broad range of the public and whether consumers find the 
     database to be useful; and
       ``(B) efforts by the Commission to inform the public about 
     the database; and
       ``(2) recommendations for measures to increase use of the 
     database by consumers and to ensure use by a broad range of 
     the public.
       ``(f) Application of Certain Notice and Disclosure 
     Requirements.--
       ``(1) In general.--The provisions of section 6(a) and (b) 
     shall not apply to the disclosure under this section of a 
     report described in subsection (b)(1)(A) of this section.
       ``(2) Construction.--Paragraph (1) shall not be construed 
     to exempt from the requirements of section 6(a) and (b) 
     information received by the Commission under--
       ``(A) section 15(b); or
       ``(B) any other mandatory or voluntary reporting program 
     established between a retailer, manufacturer, or private 
     labeler and the Commission.
       ``(g) Harm Defined.--In this section, the term `harm' 
     means--
       ``(1) injury, illness, or death; or
       ``(2) risk of injury, illness, or death, as determined by 
     the Commission.''.
       (b) Upgrade of Commission Information Technology Systems.--
     The Commission shall expedite efforts to upgrade and improve 
     the information technology systems in use by the Commission 
     on the date of enactment of this Act.
       (c) Clerical Amendment.--The table of contents in section 1 
     (15 U.S.C. 2051 note), as amended by section 206, is amended 
     by inserting after the item relating to section 6 the 
     following new item:

``Sec. 6A. Publicly available consumer product safety information 
              database.''.

     SEC. 213. 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 this Act or 
     similar rule, regulation, standard, or ban under any other 
     Act enforced by the Commission applies,'' after ``applies,''; 
     and
       (2) by striking ``consumer product safety rule'' the 
     second, third, and fourth places it appears, and inserting 
     ``rule, regulation, standard, or ban''.

     SEC. 214. ENHANCED RECALL AUTHORITY AND CORRECTIVE ACTION 
                   PLANS.

       (a) Enhanced Recall Authority.--Section 15 (15 U.S.C. 2064) 
     is amended--
       (1) in subsection (a)(1), by inserting ``under this Act or 
     a similar rule, regulation, standard, or ban under any other 
     Act enforced by the Commission'' after ``consumer product 
     safety rule'';
       (2) in subsection (b)--
       (A) by striking ``consumer product distributed in 
     commerce,'' and inserting ``consumer product, or other 
     product or substance over which the Commission has 
     jurisdiction under any other Act enforced by the Commission 
     (other than motor vehicle equipment as defined in section 
     30102(a)(7) of title 49, United States Code), distributed in 
     commerce,'';
       (B) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (C) by inserting after paragraph (1) the following:
       ``(2) fails to comply with any other rule, regulation, 
     standard, or ban under this Act or any other Act enforced by 
     the Commission;''; and
       (D) by adding at the end the following: ``A report provided 
     under paragraph (2) may not be used as the basis for criminal 
     prosecution of the reporting person 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.''.
       (3) in subsection (c)--
       (A) by inserting ``(1)'' after the subsection designation;
       (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.'';
       (E) by striking ``comply.'' in subparagraph (D), as 
     redesignated, and inserting ``comply, including posting clear 
     and conspicuous notice on its Internet website, providing 
     notice to any third party Internet website on which such 
     manufacturer, retailer, distributor, or licensor 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.''; and
       (F) by adding at the end the following:
       ``(2) The Commission may require a notice described in 
     paragraph (1) to be distributed in a language other than 
     English if the Commission determines that doing so is 
     necessary to adequately protect the public.
       ``(3) 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.'';
       (4) 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) or (d) 
     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 inserting ``to provide the notice required by 
     subsection (c) and'' after ``such product'' the first place 
     it appears;
       (3) by striking ``whichever of the following actions the 
     person to whom the order is directed elects:'' and inserting 
     ``any one or more of the following actions it determines to 
     be in the public interest:'';
       (4) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C);
       (5) in each of subparagraphs (A) and (B) (as so 
     redesignated), by striking ``consumer product safety rule'' 
     each place it appears and inserting ``rule, regulation, 
     standard, or ban'';
       (6) by striking ``more (A)'' in subparagraph (C), as 
     redesignated, and inserting ``more (i)'';
       (7) by striking ``or (B)'' in subparagraph (C), as 
     redesignated, and inserting ``or (ii)'';
       (8) by striking ``An order under this subsection may'' and 
     inserting:
       ``(2) An order under this subsection shall'';
       (9) by striking ``satisfactory to the Commission,'' and 
     inserting ``for approval by the Commission,'';
       (10) by striking ``paragraphs of this subsection under 
     which such person has elected to act'' and inserting 
     ``subparagraphs under which such person has been ordered to 
     act'';
       (11) by striking ``if the person to whom the order is 
     directed elects to take the action described in paragraph 
     (3)'' and insert ``if the Commission orders the action 
     described in subparagraph (C)'';
       (12) by striking ``If an order under this subsection is 
     directed'' and all that follows

[[Page H7205]]

     through ``has the election under this subsection'';
       (13) by striking ``described in paragraph (3).'' and 
     inserting ``described in paragraph (1)(C).''; and
       (14) 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. The manufacturer, retailer, 
     or distributor to which the action plan applies may not 
     distribute in commerce the product to which the action plan 
     relates after receipt of notice of a revocation of the action 
     plan.''.
       (c) Content of Notice.--Section 15 (15 U.S.C. 2064) is 
     further amended by adding at the end the following:
       ``(i) Requirements for Recall Notices.--
       ``(1) Guidelines.--Not later than 180 days after the date 
     of enactment of the Consumer Product Safety Improvement Act 
     of 2008, 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--
       ``(A) identifying the specific product that is subject to 
     such an order;
       ``(B) understanding the hazard that has been identified 
     with such product (including information regarding incidents 
     or injuries known to have occurred involving such product); 
     and
       ``(C) understanding what remedy, if any, is available to a 
     consumer who has purchased the product.
       ``(2) Content.--Except to the extent that the Commission 
     determines with respect to a particular product that one or 
     more of the following items is unnecessary or inappropriate 
     under the circumstances, the notice shall include the 
     following:
       ``(A) description of the product, including--
       ``(i) the model number or stock keeping unit (SKU) number 
     of the product;
       ``(ii) the names by which the product is commonly known; 
     and
       ``(iii) a photograph of the product.
       ``(B) A description of the action being taken with respect 
     to the product.
       ``(C) The number of units of the product with respect to 
     which the action is being taken.
       ``(D) A description of the substantial product hazard and 
     the reasons for the action.
       ``(E) An identification of the manufacturers and 
     significant retailers of the product.
       ``(F) The dates between which the product was manufactured 
     and sold.
       ``(G) The number and a description of any injuries or 
     deaths associated with the product, the ages of any 
     individuals injured or killed, and the dates on which the 
     Commission received information about such injuries or 
     deaths.
       ``(H) A description of--
       ``(i) any remedy available to a consumer;
       ``(ii) any action a consumer must take to obtain a remedy; 
     and
       ``(iii) any information a consumer needs in order to obtain 
     a remedy or information about a remedy, such as mailing 
     addresses, telephone numbers, fax numbers, and email 
     addresses.
       ``(I) Other information the Commission deems 
     appropriate.''.

     SEC. 215. INSPECTION OF FIREWALLED CONFORMITY ASSESSMENT 
                   BODIES; IDENTIFICATION OF SUPPLY CHAIN.

       (a) Inspection of Firewalled Conformity Assessment Body.--
     Section 16(a) (15 U.S.C. 2065(a)) is amended--
       (1) by striking ``or (B)'' and inserting ``(B) any 
     firewalled conformity assessment bodies accredited under 
     section 14(f)(2)(D), or (C)'' in paragraph (1); and
       (2) by inserting ``firewalled conformity assessment body,'' 
     after ``factory,'' in paragraph (2).
       (b) Identification of Manufacturers, Importers, Retailers, 
     and Distributors.--Section 16 (15 U.S.C. 2065) is further 
     amended by adding at the end thereof the following:
       ``(c) Identification of Manufacturers, Importers, 
     Retailers, and Distributors.--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 known or can be readily determined by the importer, 
     retailer, or distributor; and
       ``(2) every manufacturer shall identify by name, address, 
     or such other identifying information as the officer or 
     employee may request--
       ``(A) each retailer or distributor to which 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 of such product or substance; and
       ``(C) each subcontractor from which the manufacturer 
     obtained a component thereof.''.
       (c) Conforming Amendments.--Section 16 (15 U.S.C. 2065) is 
     further amended--
       (1) in subsection (a), by inserting ``Inspection.--'' after 
     the subsection designation; and
       (2) in subsection (b), by inserting ``Recordkeeping.--'' 
     after the subsection designation.

     SEC. 216. PROHIBITED ACTS.

       (a) Sale of Recalled Products.--Section 19(a) (15 U.S.C. 
     2068(a)) is amended--
       (1) by striking paragraphs (1) and (2) and inserting the 
     following:
       ``(1) sell, offer for sale, manufacture for sale, 
     distribute in commerce, or import into the United States any 
     consumer product, or other product or substance that is 
     regulated under this Act or any other Act enforced by the 
     Commission, that is not in conformity with an applicable 
     consumer product safety rule under this Act, or any similar 
     rule, regulation, standard, or ban under any other Act 
     enforced by the Commission;
       ``(2) 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--
       ``(B) subject to voluntary corrective action taken by the 
     manufacturer, in consultation with the Commission, of which 
     action the Commission has notified the public or if the 
     seller, distributor, or manufacturer knew or should have 
     known of such voluntary corrective action;
       ``(C) subject to an order issued under section 12 or 15 of 
     this Act; or
       ``(D) 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) by amending paragraph (6) to read as follows:
       ``(6) fail to furnish a certificate required by this Act or 
     any other Act enforced by the Commission, or to issue a false 
     certificate if such person in the exercise of due care has 
     reason to know that the certificate is false or misleading in 
     any material respect; or to fail to comply with any 
     requirement of section 14 (including the requirement for 
     tracking labels) or any rule or regulation under such 
     section;''.
       (3) by striking ``or'' after the semicolon in paragraph 
     (7);
       (4) by striking ``and'' after the semicolon in paragraph 
     (8);
       (5) by striking ``insulation).'' in paragraph (9) and 
     inserting ``insulation);''; and
       (6) by striking the period at the end of paragraph (10) and 
     inserting a semicolon; and
       (7) by inserting at the end the following:
       ``(12) sell, offer for sale, distribute in commerce, or 
     import into the United States any consumer product bearing a 
     registered safety certification mark owned by an accredited 
     conformity assessment body, which mark is known, or should 
     have been known, by such person to be used in a manner 
     unauthorized by the owner of that certification mark;
       ``(13) misrepresent to any officer or employee of the 
     Commission the scope of consumer products subject to an 
     action required under section 12 or 15, or to make a material 
     misrepresentation to such an officer or employee in the 
     course of an investigation under this Act or any other Act 
     enforced by the Commission; or
       ``(14) exercise, or attempt to exercise, undue influence on 
     a third party conformity assessment body (as defined in 
     section 14(f)(2)) with respect to the testing, or reporting 
     of the results of testing, of any product for compliance 
     under this Act or any other Act enforced by the Commission.
       ``(15) export from the United States for purpose of sale 
     any consumer product, or other product or substance regulated 
     by the Commission (other than a consumer product or 
     substance, the export of which is permitted by the Secretary 
     of the Treasury pursuant to section 17(e)) that--
       ``(A) is subject to an order issued under section 12 or 15 
     of this Act or is 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)); or
       ``(B) 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; or
       ``(16) violate an order of the Commission issued under 
     section 18(c).''.
       (b) Conforming Amendment.--Section 17(a)(2) (15 U.S.C. 
     2066(a)(2)) is amended to read as follows:
       ``(2) is not accompanied by a certificate required by this 
     Act or any other Act enforced by the Commission, or is 
     accompanied by a false certificate, if the manufacturer in 
     the exercise of due care has reason to know that the 
     certificate is false or misleading in any material respect, 
     or is not accompanied by any label or certificate (including 
     tracking labels) required under section 14 or any rule or 
     regulation under such section;''.

     SEC. 217. PENALTIES.

       (a) Maximum Civil Penalties of the Consumer Product Safety 
     Commission.--
       (1) Consumer product safety act.--Section 20(a)(1) (15 
     U.S.C. 2069(a)(1)) is amended--

[[Page H7206]]

       (A) by striking ``$5,000'' and inserting ``$100,000'';
       (B) by striking ``$1,250,000'' both places it appears and 
     inserting ``$15,000,000''; and
       (C) by striking ``December 1, 1994,'' in paragraph (3)(B) 
     and inserting ``December 1, 2011,''.
       (2) Federal hazardous substances act.--Section 5(c)(1) of 
     the Federal Hazardous Substances Act (15 U.S.C. 1264(c)(1)) 
     is amended--
       (A) by striking ``$5,000'' in paragraph (1) and inserting 
     ``$100,000'';
       (B) by striking ``$1,250,000'' both places it appears and 
     inserting ``$15,000,000''; and
       (C) by striking ``December 1, 1994,'' in paragraph (6)(B) 
     and inserting ``December 1, 2011,''.
       (3) Flammable fabrics act.--Section 5(e)(1) of the 
     Flammable Fabrics Act (15 U.S.C. 1194(e)(1)) is amended--
       (A) by striking ``$5,000'' in paragraph (1) and inserting 
     ``$100,000'';
       (B) by striking ``$1,250,000'' and inserting 
     ``$15,000,000''; and
       (C) by striking ``December 1, 1994,'' in paragraph (6)(B) 
     and inserting ``December 1, 2011,''.
       (4) Effective date.--The amendments made by this subsection 
     shall take effect on the date that is the earlier of the date 
     on which final regulations are issued under subsection (b)(2) 
     or 1 year 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 (15 U.S.C. 
     2069) is amended--
       (i) in subsection (b)--

       (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 ``, including how to mitigate undue 
     adverse economic impacts on small businesses, and such other 
     factors as appropriate'' before the period; and

       (ii) in subsection (c)--

       (I) by inserting ``, including how to mitigate undue 
     adverse economic impacts on small businesses, the nature, 
     circumstances, extent, and gravity of the violation, 
     including'' after ``person charged''; and

       (II) by inserting ``, and such other factors as 
     appropriate'' after ``products distributed''.

       (B) Federal hazardous substances act.--Section 5(c) of the 
     Federal Hazardous Substances Act (15 U.S.C. 1264(c)) is 
     amended--
       (i) in paragraph (3)--

       (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 ``, including how to mitigate undue 
     adverse economic impacts on small businesses, and such other 
     factors as appropriate'' before the period; and

       (ii) in paragraph (4)--

       (I) by inserting ``, including how to mitigate undue 
     adverse economic impacts on small businesses, the nature, 
     circumstances, extent, and gravity of the violation, 
     including'' after ``person charged''; and
       (II) by inserting ``, and such other factors as 
     appropriate'' after ``substance distributed''.

       (C) Flammable fabrics act.--Section 5(e) of the Flammable 
     Fabrics Act (15 U.S.C. 1194(e)) is amended--
       (i) in paragraph (2)--

       (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; and

       (ii) in paragraph (3)--

       (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) Civil penalty criteria.--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).
       (c) Criminal Penalties.--
       (1) In general.--Section 21(a) (15 U.S.C. 2070(a)) is 
     amended to read as follows:
       ``(a) Violation of section 19 of this Act is punishable 
     by--
       ``(1) imprisonment for not more than 5 years for a knowing 
     and willful violation of that section;
       ``(2) a fine determined under section 3571 of title 18, 
     United States Code; or
       ``(3) both.''.
       (2) Directors, officers, and agents.--Section 21(b) (15 
     U.S.C. 2070(b)) is amended by striking ``19, and who has 
     knowledge of notice of noncompliance received by the 
     corporation from the Commission,'' and inserting ``19''.
       (3) Under the federal hazardous substances act.--Section 
     5(a) of the Federal Hazardous Substances Act (15 U.S.C. 
     1264(a)) is amended by striking ``one year, or a fine of not 
     more than $3,000, or both such imprisonment and fine.'' and 
     inserting ``5 years, a fine determined under section 3571 of 
     title 18, United States Code, or both.''.
       (4) Under the flammable fabrics act.--Section 7 of the 
     Flammable Fabrics Act (15 U.S.C. 1196) is amended to read as 
     follows:


                              ``penalties

       ``Sec. 7.  Violation of section 3 or 8(b) of this Act, or 
     failure to comply with section 15(c) of this Act, is 
     punishable by--
       ``(1) imprisonment for not more than 5 years for a knowing 
     and willful violation of that section;
       ``(2) a fine determined under section 3571 of title 18, 
     United States Code; or
       ``(3) both.''.
       (d) Criminal Penalties To Include Asset Forfeiture.--
     Section 21 (15 U.S.C. 2070) is amended by adding at the end 
     thereof the following:
       ``(c)(1) In addition to the penalties provided by 
     subsection (a), the penalty for a criminal violation of this 
     Act or any other Act enforced by the Commission may include 
     the forfeiture of assets associated with the violation.
       ``(2) In this subsection, the term `criminal violation' 
     means a violation of this Act or any other Act enforced by 
     the Commission for which the violator is sentenced to pay a 
     fine, be imprisoned, or both.''.

     SEC. 218. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

       (a) In General.--Section 24 (15 U.S.C. 2073) is amended--
       (1) by striking ``private'' in the section heading and 
     inserting ``additional'';
       (2) by inserting ``(a) In General.--'' before ``Any 
     interested person''; and
       (3) by adding at the end the following:
       ``(b) State Attorney General Enforcement.--
       ``(1) Right of action.--Except as provided in paragraph 
     (5), the attorney general of a State, or other authorized 
     State officer, alleging a violation of section 19(a)(1), (2), 
     (5), (6), (7), (9), or (12) of this Act 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 obtain appropriate injunctive 
     relief.
       ``(2) Initiation of civil action.--
       ``(A) Notice to commission required in all cases.--A State 
     shall provide written notice to the Commission regarding any 
     civil action under paragraph (1). Except when proceeding 
     under subparagraph (C), the State shall provide the notice at 
     least 30 days before the date on which the State intends to 
     initiate the civil action by filing a complaint.
       ``(B) Filing of complaint.--A State may initiate the civil 
     action by filing a complaint--
       ``(i) at any time after the date on which the 30-day period 
     ends; or
       ``(ii) earlier than such date if the Commission consents to 
     an earlier initiation of the civil action by the State.
       ``(C) Actions involving substantial product hazard.--
     Notwithstanding subparagraph (B), a State may initiate a 
     civil action under paragraph (1) by filing a complaint 
     immediately after notifying the Commission of the State's 
     determination that such immediate action is necessary to 
     protect the residents of the State from a substantial 
     product hazard (as defined in section 15(a)).
       ``(D) Form of notice.--The written notice required by this 
     paragraph may be provided by electronic mail, facsimile 
     machine, or any other means of communication accepted by the 
     Commission.
       ``(E) Copy of complaint.--A State shall provide a copy of 
     the complaint to the Commission upon filing the complaint or 
     as soon as possible thereafter.
       ``(3) Intervention by the commission.--The Commission may 
     intervene in such civil action and upon intervening--
       ``(A) be heard on all matters arising in such civil action; 
     and
       ``(B) file petitions for appeal of a decision in such civil 
     action.
       ``(4) Construction.--Nothing in this section, section 5(d) 
     of the Federal Hazardous Substances Act (15 U.S.C. 1264(d)), 
     section 9 of the Poison Prevention Packaging Act of 1970, or 
     section 5(a) of the Flammable Fabrics Act (15 U.S.C. 1194(d)) 
     shall be construed--
       ``(A) to prevent the attorney general of a State, or other 
     authorized State officer, from exercising the powers 
     conferred on the attorney general, or other authorized State 
     officer, by the laws of such State; or
       ``(B) to prohibit the attorney general of a State, or other 
     authorized State officer, from proceeding in State or Federal 
     court on the basis of an alleged violation of any civil or 
     criminal statute of that State.
       ``(5) Limitation.--No separate suit shall be brought under 
     this subsection (other than a suit alleging a violation of 
     paragraph (1) or (2) of section 19(a)) 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.
       ``(6) Restrictions on private counsel.--If private counsel 
     is retained to assist in any civil action under paragraph 
     (1), the private counsel retained to assist the State may 
     not--
       ``(A) share with participants in other private civil 
     actions that arise out of the same operative facts any 
     information that is--

[[Page H7207]]

       ``(i) subject to attorney-client or work product privilege; 
     and
       ``(ii) was obtained during discovery in the action under 
     paragraph (1); or
       ``(B) use any information that is subject to attorney-
     client or work product privilege that was obtained while 
     assisting the State in the action under paragraph (1) in any 
     other private civil actions that arise out of the same 
     operative facts.''.
       (b) Conforming Amendments.--
       (1) Poison prevention packaging act.--The Poison Prevention 
     Packaging Act of 1970 (15 U.S.C. 1471 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 9. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

       ``The attorney general of a State, or other authorized 
     State officer, alleging a violation of a standard or rule 
     promulgated under section 3 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 obtain appropriate injunctive relief. The 
     procedural requirements of section 24(b) of the Consumer 
     Product Safety Act (15 U.S.C. 2073(b)) shall apply to any 
     such action.''.
       (2) Clerical amendment.--The table of contents in section 1 
     (15 U.S.C. 2051 note) is amended by striking the item 
     relating to section 24 and inserting the following:

``Sec. 24. Additional enforcement of product safety rules and of 
              section 15 orders.''.

     SEC. 219. WHISTLEBLOWER PROTECTIONS.

       (a) In General.--The Act (15 U.S.C. 2051 et seq.), as 
     amended by section 206 of this Act, is further amended by 
     adding at the end the following:


                       ``whistleblower protection

       ``Sec. 40.  (a) No manufacturer, private labeler, 
     distributor, or retailer, may discharge an employee or 
     otherwise discriminate against an employee with respect to 
     compensation, terms, conditions, or privileges of employment 
     because the employee, whether at the employee's initiative or 
     in the ordinary course of the employee's duties (or any 
     person acting pursuant to a request of the employee)--
       ``(1) provided, caused to be provided, or is about to 
     provide or cause to be provided to the employer, the Federal 
     Government, or the attorney general of a State information 
     relating to any violation of, or any act or omission the 
     employee reasonably believes to be a violation of any 
     provision of this Act or any other Act enforced by the 
     Commission, or any order, rule, regulation, standard, or ban 
     under any such Acts;
       ``(2) testified or is about to testify in a proceeding 
     concerning such violation;
       ``(3) assisted or participated or is about to assist or 
     participate in such a proceeding; or
       ``(4) objected to, or refused to participate in, any 
     activity, policy, practice, or assigned task that the 
     employee (or other such person) reasonably believed to be in 
     violation of any provision of this Act or any other Act 
     enforced by the Commission, or any order, rule, regulation, 
     standard, or ban under any such Acts.
       ``(b)(1) A person who believes that he or she has been 
     discharged or otherwise discriminated against by any person 
     in violation of subsection (a) may, not later than 180 days 
     after the date on which such violation occurs, file (or have 
     any person file on his or her behalf) a complaint with the 
     Secretary of Labor alleging such discharge or discrimination 
     and identifying the person responsible for such act. Upon 
     receipt of such a complaint, the Secretary shall notify, in 
     writing, the person named in the complaint of the filing of 
     the complaint, of the allegations contained in the complaint, 
     of the substance of evidence supporting the complaint, and of 
     the opportunities that will be afforded to such person under 
     paragraph (2).
       ``(2)(A) Not later than 60 days after the date of receipt 
     of a complaint filed under paragraph (1) and after affording 
     the complainant and the person named in the complaint an 
     opportunity to submit to the Secretary a written response to 
     the complaint and an opportunity to meet with a 
     representative of the Secretary to present statements from 
     witnesses, the Secretary shall initiate an investigation and 
     determine whether there is reasonable cause to believe that 
     the complaint has merit and notify, in writing, the 
     complainant and the person alleged to have committed a 
     violation of subsection (a) of the Secretary's findings. If 
     the Secretary concludes that there is reasonable cause to 
     believe that a violation of subsection (a) has occurred, the 
     Secretary shall accompany the Secretary's findings with a 
     preliminary order providing the relief prescribed by 
     paragraph (3)(B). Not later than 30 days after the date of 
     notification of findings under this paragraph, either the 
     person alleged to have committed the violation or the 
     complainant may file objections to the findings or 
     preliminary order, or both, and request a hearing on 
     the record. The filing of such objections shall not 
     operate to stay any reinstatement remedy contained in the 
     preliminary order. Any such hearing shall be conducted 
     expeditiously. If a hearing is not requested in such 30-
     day period, the preliminary order shall be deemed a final 
     order that is not subject to judicial review.
       ``(B)(i) The Secretary shall dismiss a complaint filed 
     under this subsection and shall not conduct an investigation 
     otherwise required under subparagraph (A) unless the 
     complainant makes a prima facie showing that any behavior 
     described in paragraphs (1) through (4) of subsection (a) was 
     a contributing factor in the unfavorable personnel action 
     alleged in the complaint.
       ``(ii) Notwithstanding a finding by the Secretary that the 
     complainant has made the showing required under clause (i), 
     no investigation otherwise required under subparagraph (A) 
     shall be conducted if the employer demonstrates, by clear and 
     convincing evidence, that the employer would have taken the 
     same unfavorable personnel action in the absence of that 
     behavior.
       ``(iii) The Secretary may determine that a violation of 
     subsection (a) has occurred only if the complainant 
     demonstrates that any behavior described in paragraphs (1) 
     through (4) of subsection (a) was a contributing factor in 
     the unfavorable personnel action alleged in the complaint.
       ``(iv) Relief may not be ordered under subparagraph (A) if 
     the employer demonstrates by clear and convincing evidence 
     that the employer would have taken the same unfavorable 
     personnel action in the absence of that behavior.
       ``(3)(A) Not later than 120 days after the date of 
     conclusion of any hearing under paragraph (2), the Secretary 
     shall issue a final order providing the relief prescribed by 
     this paragraph or denying the complaint. At any time before 
     issuance of a final order, a proceeding under this subsection 
     may be terminated on the basis of a settlement agreement 
     entered into by the Secretary, the complainant, and the 
     person alleged to have committed the violation.
       ``(B) If, in response to a complaint filed under paragraph 
     (1), the Secretary determines that a violation of subsection 
     (a) has occurred, the Secretary shall order the person who 
     committed such violation--
       ``(i) to take affirmative action to abate the violation;
       ``(ii) to reinstate the complainant to his or her former 
     position together with compensation (including back pay) and 
     restore the terms, conditions, and privileges associated with 
     his or her employment; and
       ``(iii) to provide compensatory damages to the complainant.

     If such an order is issued under this paragraph, the 
     Secretary, at the request of the complainant, shall assess 
     against the person against whom the order is issued a sum 
     equal to the aggregate amount of all costs and expenses 
     (including attorneys' and expert witness fees) reasonably 
     incurred, as determined by the Secretary, by the complainant 
     for, or in connection with, the bringing of the complaint 
     upon which the order was issued.
       ``(C) If the Secretary finds that a complaint under 
     paragraph (1) is frivolous or has been brought in bad faith, 
     the Secretary may award to the prevailing employer a 
     reasonable attorneys' fee, not exceeding $1,000, to be paid 
     by the complainant.
       ``(4) If the Secretary has not issued a final decision 
     within 210 days after the filing of the complaint, or within 
     90 days after receiving a written determination, the 
     complainant may bring an action at law or equity for de novo 
     review in the appropriate district court of the United States 
     with jurisdiction, which shall have jurisdiction over such an 
     action without regard to the amount in controversy, and which 
     action shall, at the request of either party to such action, 
     be tried by the court with a jury. The proceedings shall 
     be governed by the same legal burdens of proof specified 
     in paragraph (2)(B). The court shall have jurisdiction to 
     grant all relief necessary to make the employee whole, 
     including injunctive relief and compensatory damages, 
     including--
       ``(A) reinstatement with the same seniority status that the 
     employee would have had, but for the discharge or 
     discrimination;
       ``(B) the amount of back pay, with interest; and
       ``(C) compensation for any special damages sustained as a 
     result of the discharge or discrimination, including 
     litigation costs, expert witness fees, and reasonable 
     attorney's fees.
       ``(5)(A) Unless the complainant brings an action under 
     paragraph (4), any person adversely affected or aggrieved by 
     a final order issued under paragraph (3) may obtain review of 
     the order in the United States Court of Appeals for the 
     circuit in which the violation, with respect to which the 
     order was issued, allegedly occurred or the circuit in which 
     the complainant resided on the date of such violation. The 
     petition for review must be filed not later than 60 days 
     after the date of the issuance of the final order of the 
     Secretary. Review shall conform to chapter 7 of title 5, 
     United States Code. The commencement of proceedings under 
     this subparagraph shall not, unless ordered by the court, 
     operate as a stay of the order.
       ``(B) An order of the Secretary with respect to which 
     review could have been obtained under subparagraph (A) shall 
     not be subject to judicial review in any criminal or other 
     civil proceeding.
       ``(6) Whenever any person has failed to comply with an 
     order issued under paragraph (3), the Secretary may file a 
     civil action in the United States district court for the 
     district in which the violation was found to occur, or in the 
     United States district court for the District of Columbia, to 
     enforce such order. In actions brought under this paragraph, 
     the district courts shall have jurisdiction to grant all 
     appropriate relief including, but not limited to, injunctive 
     relief and compensatory damages.
       ``(7)(A) A person on whose behalf an order was issued under 
     paragraph (3) may commence a civil action against the person 
     to

[[Page H7208]]

     whom such order was issued to require compliance with such 
     order. The appropriate United States district court shall 
     have jurisdiction, without regard to the amount in 
     controversy or the citizenship of the parties, to enforce 
     such order.
       ``(B) The court, in issuing any final order under this 
     paragraph, may award costs of litigation (including 
     reasonable attorneys' and expert witness fees) to any party 
     whenever the court determines such award is appropriate.
       ``(c) Any nondiscretionary duty imposed by this section 
     shall be enforceable in a mandamus proceeding brought under 
     section 1361 of title 28, United States Code.
       ``(d) Subsection (a) shall not apply with respect to an 
     employee of a manufacturer, private labeler, distributor, or 
     retailer who, acting without direction from such 
     manufacturer, private labeler, distributor, or retailer (or 
     such person's agent), deliberately causes a violation of any 
     requirement relating to any violation or alleged violation of 
     any order, regulation, or consumer product safety standard 
     under this Act or any other law enforced by the 
     Commission.''.
       (b) Conforming Amendment.--The table of contents, as 
     amended by section 206 of this Act, is further amended by 
     inserting after the item relating to section 39 the 
     following:

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

             Subtitle C--Specific Import-Export Provisions

     SEC. 221. EXPORT OF RECALLED AND NON-CONFORMING PRODUCTS.

       (a) In General.--Section 18 (15 U.S.C. 2067) is amended--
       (1) in subsection (b), by striking ``any product--'' and 
     all that follows through ``promulgated under section 9,'' and 
     inserting ``any product which is not in conformity with an 
     applicable consumer product safety rule in effect under this 
     Act,''; and
       (2) by adding at the end the following:
       ``(c) The Commission may prohibit a person from exporting 
     from the United States for purpose of sale any consumer 
     product that is not in conformity with an applicable consumer 
     product safety rule under this Act, unless the importing 
     country has notified the Commission that such country accepts 
     the importation of such consumer 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 appropriate within its 
     authority with respect to the disposition of the product 
     under the circumstances.
       ``(d) Nothing in this section shall apply to any consumer 
     product, the export of which is permitted by the Secretary of 
     the Treasury pursuant to section 17(e).''.
       (b) Conforming Amendments to 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 or related material that the 
     Commission determines is not in conformity with an applicable 
     standard or rule under this Act, unless the importing country 
     has notified the Commission that such country accepts the 
     importation of such fabric or related material, 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 fabric or related material 
     under the circumstances.
       ``(e) Nothing in this section shall apply to any fabric or 
     related material, the export of which is permitted by the 
     Secretary of the Treasury pursuant to section 17(e).''.

     SEC. 222. IMPORT SAFETY MANAGEMENT AND INTERAGENCY 
                   COOPERATION.

       (a) Risk Assessment Methodology.--Not later than 2 years 
     after the date of enactment of this Act, the Commission shall 
     develop a risk assessment methodology for the identification 
     of shipments of consumer products that are--
       (1) intended for import into the United States; and
       (2) likely to include consumer products in violation of 
     section 17(a) of the Consumer Product Safety Act (15 U.S.C. 
     2066(a)) or other import provisions enforced by the 
     Commission.
       (b) Use of International Trade Data System and Other 
     Databases.--In developing the methodology required under 
     subsection (a), the Commission shall--
       (1) provide for the use of the International Trade Data 
     System, insofar as is practicable, established under section 
     411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)) to 
     evaluate and assess information about shipments of consumer 
     products intended for import into the customs territory of 
     the United States;
       (2) incorporate the risk assessment methodology required 
     under this section into its information technology 
     modernization plan;
       (3) examine, in consultation with U.S. Customs and Border 
     Protection, how to share information collected and retained 
     by the Commission, including information in the database 
     required under section 6A of the Consumer Product Safety Act, 
     for the purpose of identifying shipments of consumer products 
     in violation of section 17(a) of such Act (15 U.S.C. 2066(a)) 
     or other import provisions enforced by the Commission; and
       (4) examine, in consultation with U.S. Customs and Border 
     Protection, how to share information required by section 
     15(j) of the CPSA as added by section 223 of this Act for the 
     purpose of identifying shipments of consumer products in 
     violation of section 17(a) of the Consumer Product Safety Act 
     (15 U.S.C. 2066(a)) or other import provisions enforced by 
     the Commission.
       (c) Cooperation With U.S. Customs and Border Protection.--
     Not later than 1 year after the date of enactment of this 
     Act, the Commission shall develop a plan for sharing 
     information and coordinating with U.S. Customs and Border 
     Protection that considers, at a minimum, the following:
       (1) The number of full-time equivalent personnel employed 
     by the Commission that should be stationed at U.S. ports of 
     entry for the purpose of identifying shipments of consumer 
     products that are in violation of section 17(a) of the 
     Consumer Product Safety Act (15 U.S.C. 2066(a)) or other 
     import provisions enforced by the Commission.
       (2) The extent and nature of cooperation between the 
     Commission and U.S. Customs and Border Protection personnel 
     stationed at ports of entry in the identification of 
     shipments of consumer product that are in violation of 
     section 17(a) of the Consumer Product Safety Act (15 U.S.C. 
     2066(a)) or other import provisions enforced by the 
     Commission under this Act or any other provision of law.
       (3) The number of full-time equivalent personnel employed 
     by the Commission that should be stationed at the National 
     Targeting Center (or its equivalent) of U.S. Customs and 
     Border Protection, including--
       (A) the extent and nature of cooperation between Commission 
     and U.S. Customs and Border Protection personnel stationed at 
     the National Targeting Center (or its equivalent), as well as 
     at United States ports of entry;
       (B) the responsibilities of Commission personnel assigned 
     to the National Targeting Center (or its equivalent) under 
     subsection (b)(3); and
       (C) whether the information available at the National 
     Targeting Center (or its equivalent) would be useful to the 
     Commission or U.S. Customs and Border Protection in 
     identifying the consumer products described in subsection 
     (a).
       (4) The development of rule sets for the Automated 
     Targeting System and expedited access for the Commission to 
     the Automated Targeting System.
       (5) The information and resources necessary for the 
     development, updating, and effective implementation of the 
     risk assessment methodology required in subsection (a).
       (d) Report to Congress.--Not later than 180 days after 
     completion of the risk assessment methodology required under 
     this section, the Commission shall submit a report to the 
     appropriate Congressional committees concerning, at a 
     minimum, the following:
       (1) The Commission's plan for implementing the risk 
     assessment methodology required under this section.
       (2) The changes made or necessary to be made to the 
     Commission's memorandum of understanding with U.S. Customs 
     and Border Protection.
       (3) The status of--
       (A) the development of the Automated Targeting System rule 
     set required under subsection (c)(4) of this section;
       (B) the Commission's access to the Automated Targeting 
     System; and
       (C) the effectiveness of the International Trade Data 
     System in enhancing cooperation between the Commission and 
     U.S. Customs and Border Protection for the purpose of 
     identifying shipments of consumer products in violation of 
     section 17(a) of the Consumer Product Safety Act (15 U.S.C. 
     2066(a)) or other import provisions enforced by the 
     Commission;
       (4) Whether the Commission requires additional statutory 
     authority under the Consumer Product Safety Act, the Federal 
     Hazardous Substances Act, the Flammable Fabrics Act, or the 
     Poison Prevention Packaging Act of 1970 in order to implement 
     the risk assessment methodology required under this section.
       (5) The level of appropriations necessary to implement the 
     risk assessment methodology required under this section.

     SEC. 223. SUBSTANTIAL PRODUCT HAZARD LIST AND DESTRUCTION OF 
                   NONCOMPLIANT IMPORTED PRODUCTS.

       (a) Identification of Substantial Hazards.--Section 15 (15 
     U.S.C. 2064), as amended by section 214, is amended by adding 
     at the end thereof the following:
       ``(j) Substantial Product Hazard List.--
       ``(1) In general.--The Commission may specify, by rule, for 
     any consumer product or class of consumer products, 
     characteristics whose existence or absence shall be deemed a 
     substantial product hazard under subsection (a)(2), if the 
     Commission determines that--
       ``(A) such characteristics are readily observable and have 
     been addressed by voluntary standards; and
       ``(B) such standards have been effective in reducing the 
     risk of injury from consumer products and that there is 
     substantial compliance with such standards.
       ``(2) Judicial review.--Not later than 60 days after 
     promulgation of a rule under paragraph (1), any person 
     adversely affected by such rule may file a petition for 
     review under the procedures set forth in section 11 of this 
     Act.''.
       (b) Destruction of Noncompliant Imported Products.--Section 
     17(e) (15 U.S.C. 2066(e)) is amended to read as follows:

[[Page H7209]]

       ``(e) Products refused admission into the customs territory 
     of the United States shall be destroyed unless, upon 
     application by the owner, consignee, or importer of record, 
     the Secretary of the Treasury permits the export of the 
     product in lieu of destruction. If the owner, consignee, or 
     importer of record does not export the product within 90 days 
     of approval to export, such product shall be destroyed.''.
       (c) Inspection and Recordkeeping Requirement.--The Act is 
     further amended--
       (1) by amending section 17(g) (15 U.S.C. 2066(g)) to read 
     as follows:
       ``(g) Manufacturers of imported products shall be in 
     compliance with all inspection and recordkeeping requirements 
     under section 16 applicable to such products, and the 
     Commission shall advise the Secretary of the Treasury of any 
     manufacturer who is not in compliance with all inspection and 
     recordkeeping requirements under section 16.''; and
       (2) by adding at the end of section 16 (15 U.S.C. 2065) the 
     following:
       ``(d) The Commission shall, by rule, condition the 
     manufacturing for sale, offering for sale, distribution in 
     commerce, or importation into the United States of any 
     consumer product or other product on the manufacturer's 
     compliance with the inspection and recordkeeping requirements 
     of this Act and the Commission's rules with respect to such 
     requirements.''.

     SEC. 224. FINANCIAL RESPONSIBILITY.

       (a) In General.--The Act (15 U.S.C. 2051 et seq.), as 
     amended by section 219, is further amended by adding at the 
     end the following:

     ``SEC. 41. FINANCIAL RESPONSIBILITY.

       ``(a) Identification and Determination of Bond.--The 
     Commission, in consultation with U.S. Customs and Border 
     Protection and other relevant Federal agencies, shall 
     identify any consumer product, or other product or substance 
     that is regulated under this Act or any other Act enforced by 
     the Commission, for which the cost of destruction would 
     normally exceed bond amounts determined under sections 623 
     and 624 of the Tariff Act of 1930 (19 U.S.C. 1623, 1624) and 
     shall recommend to U.S. Customs and Border Protection a bond 
     amount sufficient to cover the cost of destruction of such 
     products or substances.
       ``(b) Study of Requiring Escrow for Recalls and Destruction 
     of Products.--
       ``(1) Study.--The Comptroller General shall conduct a study 
     to determine the feasibility of requiring--
       ``(A) the posting of an escrow, proof of insurance, or 
     security sufficient in amount to cover the cost of 
     destruction of a domestically-produced product or substance 
     regulated under this Act or any other Act enforced by the 
     Commission; and
       ``(B) the posting of an escrow, proof of insurance, or 
     security sufficient in amount to cover the cost of an 
     effective recall of a product or substance, domestic or 
     imported, regulated under this Act or any other Act enforced 
     by the Commission.
       ``(2) Report.--Not later than 180 days after the date of 
     enactment of the Consumer Product Safety Improvement Act of 
     2008, the Comptroller General shall transmit to the 
     appropriate Congressional committees a report on the 
     conclusions of the study required under paragraph (1), 
     including an assessment of whether such an escrow requirement 
     could be implemented and any recommendations for such 
     implementation.''.
       (b) Conforming Amendments.--The table of contents in 
     section 1 (15 U.S.C. 2051 note), as amended by section 219, 
     is amended by adding at the end the following:

``Sec. 41. Financial responsibility.''.

     SEC. 225. STUDY AND REPORT ON EFFECTIVENESS OF AUTHORITIES 
                   RELATING TO SAFETY OF IMPORTED CONSUMER 
                   PRODUCTS.

       Not later than 1 year after the date of enactment of this 
     Act, the Comptroller General of the United States shall--
       (1) conduct a study of the authorities and provisions of 
     the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) to 
     assess the effectiveness of such authorities and provisions 
     in preventing unsafe consumer products from entering the 
     customs territory of the United States;
       (2) review and provide recommendations with respect to 
     plans to prevent unsafe consumer products from entering the 
     customs territory of the United States; and
       (3) submit to the appropriate Congressional committees a 
     report on the findings of the Comptroller General with 
     respect to paragraphs (1) and (2), including legislative 
     recommendations related to, at a minimum--
       (A) inspection of foreign manufacturing plants by the 
     Commission; and
       (B) requiring foreign manufacturers to consent to the 
     jurisdiction of United States courts with respect to 
     enforcement actions by the Commission.

     Subtitle D--Miscellaneous Provisions and Conforming Amendments

     SEC. 231. PREEMPTION.

       (a) Rule With Regard to Preemption.--The provisions of 
     sections 25 and 26 of the Consumer Product Safety Act (15 
     U.S.C. 2074 and 2075, respectively), section 18 of the 
     Federal Hazardous Substances Act (15 U.S.C. 1261 note), 
     section 16 of the Flammable Fabrics Act (15 U.S.C. 1203), and 
     section 7 of the Poison Packaging Prevention Act of 1970 (15 
     U.S.C. 1476) establishing the extent to which those Acts 
     preempt, limit, or otherwise affect any other Federal, State, 
     or local law, any rule, procedure, or regulation, or any 
     cause of action under State or local law may not be expanded 
     or contracted in scope, or limited, modified or extended in 
     application, by any rule or regulation thereunder, or by 
     reference in any preamble, statement of policy, executive 
     branch statements, or other matter associated with the 
     publication of any such rule or regulation. In accordance 
     with the provisions of those Acts, the Commission may not 
     construe any such Act as preempting any cause of action under 
     State or local common law or State statutory law regarding 
     damage claims.
       (b) Preservation of Certain State Law.--Nothing in this Act 
     or the Federal Hazardous Substances Act shall be construed to 
     preempt or otherwise affect any warning requirement relating 
     to consumer products or substances that is established 
     pursuant to State law that was in effect on August 31, 2003.

     SEC. 232. ALL-TERRAIN VEHICLE STANDARD.

       (a) In General.--The Act (15 U.S.C. 2051 et seq.), as 
     amended by section 224, is further amended by adding at the 
     end thereof the following:

     ``SEC. 42. ALL-TERRAIN VEHICLES.

       ``(a) In General.--
       ``(1) Mandatory standard.--Notwithstanding any other 
     provision of law, within 90 days after the date of enactment 
     of the Consumer Product Safety Improvement Act of 2008, the 
     Commission shall publish in the Federal Register as a 
     mandatory consumer product safety standard the American 
     National Standard for Four Wheel All-Terrain Vehicles 
     Equipment Configuration, and Performance Requirements 
     developed by the Specialty Vehicle Institute of America 
     (American National Standard ANSI/SVIA-1-2007). The standard 
     shall take effect 150 days after it is published.
       ``(2) Compliance with standard.--After the standard takes 
     effect, it shall be unlawful for any manufacturer or 
     distributor to import into or distribute in commerce in the 
     United States any new assembled or unassembled all-terrain 
     vehicle unless--
       ``(A) the all-terrain vehicle complies with each applicable 
     provision of the standard;
       ``(B) the ATV is subject to an ATV action plan filed with 
     the Commission before the date of enactment of the Act, or 
     subsequently filed with and approved by the Commission, and 
     bears a label certifying such compliance and identifying the 
     manufacturer, importer or private labeler and the ATV action 
     plan to which it is subject; and
       ``(C) the manufacturer or distributor is in compliance with 
     all provisions of the applicable ATV action plan.
       ``(3) Violation.--The failure to comply with any 
     requirement of paragraph (2) shall be deemed to be a failure 
     to comply with a consumer product safety standard under this 
     Act and subject to all of the penalties and remedies 
     available under this Act.
       ``(4) Compliant models with additional features.--Paragraph 
     (2) shall not be construed to prohibit the distribution in 
     commerce of new all-terrain vehicles that comply with the 
     requirements of that paragraph but also incorporate 
     characteristics or components that are not covered by those 
     requirements. Any such characteristics or components shall be 
     subject to the requirements of section 15 of this Act.
       ``(b) Modification of Standard.--
       ``(1) ANSI revisions.--If the American National Standard 
     ANSI/SVIA-1-2007 is revised through the applicable consensus 
     standards development process after the date on which the 
     product safety standard for all-terrain vehicles is published 
     in the Federal Register, the American National Standards 
     Institute shall notify the Commission of the revision.
       ``(2) Commission action.--Within 120 days after it receives 
     notice of such a revision by the American National Standards 
     Institute, the Commission shall issue a notice of proposed 
     rulemaking in accordance with section 553 of title 5, United 
     States Code, to amend the product safety standard for all-
     terrain vehicles to include any such revision that the 
     Commission determines is reasonably related to the safe 
     performance of all-terrain vehicles, and notify the Institute 
     of any provision it has determined not to be so related. The 
     Commission shall promulgate an amendment to the standard for 
     all-terrain vehicles within 180 days after the date on which 
     the notice of proposed rulemaking for the amendment is 
     published in the Federal Register.
       ``(3) Unreasonable risk of injury.--Notwithstanding any 
     other provision of this Act, the Commission may, pursuant to 
     sections 7 and 9 of this Act, amend the product safety 
     standard for all-terrain vehicles to include any additional 
     provision that the Commission determines is reasonably 
     necessary to reduce an unreasonable risk of injury associated 
     with the performance of all-terrain vehicles.
       ``(4) Certain provisions not applicable.--Sections 7 and 9 
     of this Act shall not apply to promulgation of any amendment 
     of the product safety standard under paragraph (2). Judicial 
     review of any amendment of the standard under paragraph (2) 
     shall be in accordance with chapter 7 of title 5, United 
     States Code.
       ``(c) Requirements for 3-Wheeled All-Terrain Vehicles.--
     Until a mandatory consumer product safety standard applicable 
     to 3-wheeled all-terrain vehicles promulgated pursuant to 
     this Act is in effect, new 3-wheeled all-terrain vehicles may 
     not be imported into or distributed in commerce in the United 
     States. Any violation of this subsection shall be considered 
     to be a violation

[[Page H7210]]

     of section 19(a)(1) of this Act and may also be enforced 
     under section 17 of this Act.
       ``(d) Further Proceedings.--
       ``(1) Deadline.--The Commission shall issue a final rule in 
     its proceeding entitled `Standards for All Terrain Vehicles 
     and Ban of Three-wheeled All Terrain Vehicles'.
       ``(2) Categories of youth atvs.--In the final rule, the 
     Commission, in consultation with the National Highway Traffic 
     Safety Administration, may provide for a multiple factor 
     method of categorization that, at a minimum, takes into 
     account--
       ``(A) the weight of the ATV;
       ``(B) the maximum speed of the ATV;
       ``(C) the velocity at which an ATV of a given weight is 
     traveling at the maximum speed of the ATV;
       ``(D) the age of children for whose operation the ATV is 
     designed or who may reasonably be expected to operate the 
     ATV; and
       ``(E) the average weight of children for whose operation 
     the ATV is designed or who may reasonably be expected to 
     operate the ATV.
       ``(3) Additional safety standards.--In the final rule, the 
     Commission, in consultation with the National Highway Traffic 
     Safety Administration, shall review the standard published 
     under subsection (a)(1) and establish additional safety 
     standards for all-terrain vehicles to the extent necessary to 
     protect the public health and safety. As part of its review, 
     the Commission shall consider, at a minimum, establishing or 
     strengthening standards on--
       ``(A) suspension;
       ``(B) brake performance;
       ``(C) speed governors;
       ``(D) warning labels;
       ``(E) marketing; and
       ``(F) dynamic stability.
       ``(e) Definitions.--In this section:
       ``(1) All-terrain vehicle or atv.--The term `all-terrain 
     vehicle' or `ATV' means--
       ``(A) any motorized, off-highway vehicle designed to travel 
     on 3 or 4 wheels, having a seat designed to be straddled by 
     the operator and handlebars for steering control; but
       ``(B) does not include a prototype of a motorized, off-
     highway, all-terrain vehicle or other motorized, off-highway, 
     all-terrain vehicle that is intended exclusively for research 
     and development purposes unless the vehicle is offered for 
     sale.
       ``(2) ATV action plan.--The term `ATV action plan' means a 
     written plan or letter of undertaking that describes actions 
     the manufacturer or distributor agrees to take to promote ATV 
     safety, including rider training, dissemination of safety 
     information, age recommendations, other policies governing 
     marketing and sale of the ATVs, the monitoring of such sales, 
     and other safety related measures, and that is substantially 
     similar to the plans described under the heading `The 
     Undertakings of the Companies in the Commission Notice' 
     published in the Federal Register on September 9, 1998 (63 FR 
     48199-48204).''.
       (b) GAO Study.--The Comptroller General shall conduct a 
     study of the utility, recreational, and other benefits of 
     all-terrain vehicles to which section 42 of the Consumer 
     Product Safety Act (15 U.S.C. 2085) applies, and the costs 
     associated with all-terrain vehicle-related accidents and 
     injuries.
       (c) Conforming Amendment.--The table of contents of this 
     Act is further amended by inserting after the item relating 
     to section 42 the following:

``Sec. 42. All-terrain vehicles.''.

     SEC. 233. COST-BENEFIT ANALYSIS UNDER THE POISON PREVENTION 
                   PACKAGING ACT OF 1970.

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

     SEC. 234. STUDY ON USE OF FORMALDEHYDE IN MANUFACTURING OF 
                   TEXTILE AND APPAREL ARTICLES.

        Not later than 2 years after the date of enactment of this 
     Act, the Comptroller General, in consultation with the 
     Commission, shall conduct a study on the use of formaldehyde 
     in the manufacture of textile and apparel articles, or in any 
     component of such articles, to identify any risks to 
     consumers caused by the use of formaldehyde in the 
     manufacturing of such articles, or components of such 
     articles.

     SEC. 235. TECHNICAL AND CONFORMING CHANGES.

       (a) Definitions.--Section 3(a) (15 U.S.C. 2052) is amended 
     by adding at the end the following:
       ``(15) Appropriate congressional committees.--The term 
     `appropriate Congressional committees' means the Committee on 
     Energy and Commerce of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate.
       ``(16) Children's product.--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 
     consumer 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, promotion, 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 a child 12 years of 
     age or younger.
       ``(D) The Age Determination Guidelines issued by the 
     Commission staff in September 2002, and any successor to such 
     guidelines.
       ``(17) Third-party logistics provider.--The term `third-
     party logistics provider' means a person who solely receives, 
     holds, or otherwise transports a consumer product in the 
     ordinary course of business but who does not take title to 
     the product.''.
       (b) Miscellaneous.--Section 3 (15 U.S.C. 2052) is amended--
       (1) by striking ``(a) for purposes of this Act:'' and 
     inserting ``(a) In General.--In this Act:'';
       (2) by indenting each paragraph and subparagraph of 
     subsection (a) 2 em spaces;
       (3) by inserting a heading, in a form consistent with the 
     form of the heading of this subsection consisting of the term 
     defined by such paragraph, after the designation of each 
     paragraph of subsection (a);
       (4) by reordering such paragraphs and the additional 
     paragraphs added by paragraph (1) of this subsection in 
     alphabetical order based on the headings of such paragraphs 
     and renumbering such paragraphs as so reordered; and
       (5) by inserting ``common carriers, contract carriers, and 
     freight forwarders'' after ``(b)'' in subsection (b).
       (c) Conforming Amendments.--
       (1) Section 3(b) (15 U.S.C. 2052(b) is amended by inserting 
     ``third-party logistics provider,'' after ``contract 
     carrier,''.
       (2) Section 6(e)(4) (15 U.S.C. 2055(e)(4)) is amended by 
     striking ``the Committee on Commerce, Science, and 
     Transportation of the Senate or the Committee on Energy and 
     Commerce of the House of Representatives or any subcommittee 
     of such committee,'' and insert ``either of the 
     appropriate Congressional committees or any subcommittee 
     thereof,''.
       (3) Sections 9(a), 9(c), and 35(c)(2)(D)(iii) (15 U.S.C. 
     2058(a), (c), and 2082(c)(2)(D)(iii), and 2082(e)(1), 
     respectively) are each amended by striking ``the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Energy and Commerce of the House of 
     Representatives'' each place it appears and inserting ``the 
     appropriate Congressional committees''.
       (4) Section 32(b)(1) (15 U.S.C. 2050(b)(1)) is amended by 
     striking ``the Committee on Energy and Commerce of the House 
     of Representatives, and by the Committee on Commerce, 
     Science, and Transportation of the Senate.'' and inserting 
     ``the appropriate Congressional committees.''.
       (5) Section 35(e)(1) (15 U.S.C. 2082(e)(1)) is amended by 
     striking ``the Committee on Commerce, Science, and 
     Transportation of the Senate and to the Committee on Energy 
     and Commerce of the House of Representatives'' and insert 
     ``the appropriate Congressional committees''.
       (6) Sections 17(h)(3), 28(j)(10)(F), and 28(k)(1) and (2) 
     (15 U.S.C. 2066(h)(3), 2077(j)(10)(F), and 2077(k)(1) and 
     (2), respectively) are each amended by striking ``the 
     Congress'' and inserting ``the appropriate Congressional 
     committees''.
       (7) Section 29(e) (15 U.S.C. 2078(e)) is amended by 
     striking ``The Commission'' and inserting ``Notwithstanding 
     section 6(a)(3), the Commission''.

     SEC. 236. EXPEDITED JUDICIAL REVIEW.

       (a) In General.--Section 11 (15 U.S.C. 2060) is amended by 
     adding at the end thereof the following:
       ``(g) Expedited Judicial Review.--
       ``(1) Application.--This subsection applies, in lieu of the 
     preceding subsections of this section, to judicial review 
     of--
       ``(A) any consumer product safety rule promulgated by the 
     Commission pursuant to section 15(j) (relating to 
     identification of substantial hazards);
       ``(B) any consumer product safety standard promulgated by 
     the Commission pursuant to section 42 (relating to all-
     terrain vehicles);
       ``(C) any standard promulgated by the Commission under 
     section 104 of the Consumer Product Safety Improvement Act of 
     2008 (relating to durable infant and toddler products); and
       ``(D) any consumer product safety standard promulgated by 
     the Commission under section 106 of the Consumer Product 
     Safety Improvement Act of 2008 (relating to mandatory toy 
     safety standards).
       ``(2) In general.--Not later than 60 days after the 
     promulgation, by the Commission, of a rule or standard to 
     which this subsection applies, any person adversely affected 
     by such rule or standard may file a petition with the United 
     States Court of Appeals for the District of Columbia Circuit 
     for judicial review of such rule. Copies of the petition 
     shall be forthwith transmitted by the clerk of the court to 
     the Commission or other officer designated by it for that 
     purpose and to the Attorney General. The record of the 
     proceedings on which the Commission based its rule shall be 
     filed in the court as provided for in section 2112 of title 
     28, United States Code.
       ``(3) Review.--Upon the filing of the petition under 
     paragraph (2) of this subsection, the court shall have 
     jurisdiction to review the rule in accordance with chapter 7 
     of title 5, United States Code, and to grant appropriate 
     relief, including interim relief, as provided in such 
     chapter.
       ``(4) Conclusiveness of judgment.--The judgment of the 
     court affirming or setting

[[Page H7211]]

     aside, in whole or in part, any final rule under this section 
     shall be final, subject to review by the Supreme Court of the 
     United States upon certiorari or certification, as provided 
     in section 1254 of title 28, United States Code.
       ``(5) Further review.--A rule or standard with respect to 
     which this subsection applies shall not be subject to 
     judicial review in proceedings under section 17 (relating to 
     imported products) or in civil or criminal proceedings for 
     enforcement.''.
       (b) Pending Actions Unaffected.--The amendment made by 
     subsection (a) shall not apply to any petition filed before 
     the date of enactment of this Act for judicial review of any 
     action by the Consumer Product Safety Commission.

     SEC. 237. REPEAL.

       Section 30 (15 U.S.C. 2079) is amended by striking 
     subsection (d).

     SEC. 238. POOL AND SPA SAFETY ACT TECHNICAL AMENDMENTS.

       Title XIV of the Energy Independence and Security Act of 
     2007 (Public Law 110-140) is amended--
       (1) in section 1403 by adding at the end the following:
       ``(8) State.--The term `State' has the meaning given such 
     term in section 3(10) of the Consumer Product Safety Act (15 
     U.S.C. 2052(10)), and includes the Northern Mariana 
     Islands.''.
       (2) in section 1404 by adding at the end of subsection (b) 
     the following: ``If a successor standard is proposed, the 
     American Society of Mechanical Engineers shall notify the 
     Commission of the proposed revision. If the Commission 
     determines that the proposed revision is in the public 
     interest, it shall incorporate the revision into the standard 
     after providing 30 days notice to the public.''; and
       (3) by adding at the end the following:

     ``SEC. 1409. APPLICABILITY.

       ``This Act is applicable to the United States and its 
     territories, including American Samoa, the Commonwealth of 
     Puerto Rico, Guam, the Commonwealth of the Northern Mariana 
     Islands, and the United States Virgin Islands.''.

     SEC. 239. EFFECTIVE DATES AND SEVERABILITY.

       (a) Effective Dates.--
       (1) In general.--Except as otherwise specifically provided 
     in this Act, this Act and the amendments made by this Act 
     shall take effect on the date of enactment of this Act.
       (2) Certain delayed effective dates.--The amendments made 
     by sections 103(c) and 214(a)(2) shall take effect on the 
     date that is 60 days after the date of enactment of this Act. 
     Subsection (c) of section 42 of the Consumer Product Safety 
     Act, as added by section 232 of this Act, and the amendments 
     made by sections 216 and 223(b) shall take effect on the date 
     that is 30 days after the date of enactment of this Act.
       (b) Severability.--If any provision of this Act or the 
     amendments made by this Act, or the application of such 
     provision to any person or circumstance, is held invalid, the 
     remainder of this Act and the amendments made by this Act, 
     and the application of such provision to other persons not 
     similarly situated or to other circumstances, shall not be 
     affected by such invalidation.
       And the Senate agree to the same.
     John D. Dingell,
     Henry A. Waxman,
     Bobby L. Rush,
     Diana DeGette,
     Jan Schakowsky,
     Joe Barton,
     Ed Whitfield,
     Cliff Stearns,
                                Managers on the Part of the House.

     Daniel K. Inouye,
     Barbara Boxer,
     Mark Pryor,
     Amy Klobuchar,
     Ted Stevens,
     Kay Bailey Hutchison,
     John E. Sununu,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill H.R. 4040, to establish 
     consumer product safety standards and other safety 
     requirements for children's products and to reauthorize and 
     modernize the Consumer Product Safety Commission, submit the 
     following joint statement to the House and the Senate in 
     explanation of the effect of the action agreed upon by the 
     managers and recommended in the accompanying report:
       The Senate amendment struck all of the House bill after the 
     enacting clause and inserted a substitute text.
       The House recedes from its disagreement to the amendment of 
     the Senate with an amendment that is a substitute for the 
     House bill and the Senate amendment. The differences between 
     the House bill, the Senate amendment, and the substitute 
     agreed to in conference are noted below, except for clerical 
     corrections, conforming changes made necessary by agreements 
     reached by the conferees, and minor drafting and clarifying 
     changes.


                             1. SHORT TITLE

     House bill
       Section 1: ``Consumer Product Safety Modernization Act''.
     Senate amendment
       Section 1: ``CPSC Reform Act''.
     Conference substitute
       Section 1: ``Consumer Product Safety Improvement Act of 
     2008''.


                             2. references

     House bill
       Section 2: Defines ``Commission'' as meaning the Consumer 
     Product Safety Commission (Commission), provides that 
     amendments in the Act are to the Consumer Product Safety Act 
     (CPSA) except as otherwise provided, and defines ``rule'' as 
     meaning a rule, standard, ban, or order under any Act 
     enforced by the Commission.
     Senate amendment
       Section 2: Provides that amendments in the Act are to the 
     CPSA except as otherwise provided.
     Conference substitute
       Section 2: Adds definition of ``appropriate Congressional 
     committees'' as meaning the House of Representatives 
     Committee on Energy and Commerce and the Senate Committee on 
     Commerce, Science, and Transportation. Deletes definition of 
     ``rule''.


              3. Authority to use implementing regulations

     House bill
       Section 3: Authorizes Commission to issue implementing 
     regulations for the Act and amendments made by the Act.
     Senate amendment
       No provision.
     Conference substitute
       Section 3: House provision.


          4. product safety improvements and commission reform

                   TITLE I--CHILDREN'S PRODUCT SAFETY

     Section 101. Children's Products Containing Lead; Lead Paint 
         Rule.
       The Conferees agreed to modified language that is similar 
     to the provisions in the House bill and the Senate amendment. 
     The Conference Report ultimately requires that the Commission 
     lower the permissible lead level in children's products to 
     the lowest amount that is technologically feasible. This 
     section provides a definition of technologically feasible, 
     and includes a provision identifying alternative practices, 
     best practices, or other operational changes that would allow 
     a manufacturer to comply with the lead limit. The intent of 
     this alternative and best practices provision is to require 
     manufacturers to use better methods of producing a product 
     that can be achieved without the need for major technological 
     advances, such as taking steps to better clean equipment or 
     the factory, or to make changes in operation, maintenance, or 
     other practices that can reduce or eliminate lead in the 
     product. The Conference Report also establishes a more 
     stringent lead paint limit.
       The Conferees acknowledge that several Federal agencies are 
     charged with protecting children from lead. Historically, 
     lead in public water systems has been governed by the 
     Environmental Protection Agency under the Safe Drinking Water 
     Act and its Lead and Copper Rule. The Conferees do not wish 
     to alter that authority. A child may be exposed to lead 
     through drinking fountains and faucets designed or intended 
     primarily for use by children, such as for use in schools and 
     daycare facilities. In any action under this Conference 
     Report and the CPSA to address the specific issue of lead in 
     drinking fountains and faucets that are designed or intended 
     primarily for use by children, such as in schools and daycare 
     facilities, the Conferees wish that both agencies work 
     collaboratively to protect the health of our children from 
     the dangers posed by lead exposure.
     Section 102. Mandatory Third Party Testing for Certain 
         Children's Products.
       The Conferees agreed to modified language that is similar 
     to the provisions in the House bill and the Senate amendment, 
     requiring third party testing of certain children's products. 
     The Conferees intend that the accreditation structure for 
     governmental participation will apply equally to all 
     entities, be they domestic, non-domestic, joint ventures, or 
     entities controlled in whole by a government. It is not the 
     intention of the Conferees that the subsection restrict equal 
     participation of entities which are not controlled in whole 
     by a government.
     Section 103. Tracking Labels for Children's Products.
       The Conferees agreed to modified language that is similar 
     to the provisions in the House bill and the Senate amendment. 
     The Conference Report would require manufacturers of 
     children's products to place distinguishing marks on a 
     product and its packaging, to the extent practicable, that 
     would enable the purchaser to ascertain the source, date, and 
     cohort (including the batch, run number, or other identifying 
     characteristic) of production of the product by reference to 
     those marks. To the extent that small toys and other small 
     products are manufactured and shipped without individual 
     packaging, the Conferees recognize that it may not be 
     practical for a label to be printed on each item. The 
     packaging of the bulk shipment of those items, however, would 
     be required to be labeled so that retailers and vendors would 
     be able to easily identify products that are recalled.
     Section 104. Standards and Consumer Registration of Durable 
         Nursery Products.
       The Conferees agreed to modified language that is similar 
     to the provisions in the House bill and the Senate amendment. 
     The Conference Report requires the Commission to promulgate 
     rules to ensure the highest level of safety for durable 
     infant and toddler products. The Conference Report also 
     establishes

[[Page H7212]]

     new requirements for registration forms for these products 
     and requires the Commission to review and assess the 
     effectiveness of alternative recall notification 
     technologies.
     Section 105. Labeling Requirement for Advertising Toys and 
         Games.
       The Conferees agreed to modified language that is similar 
     to language in the House bill and the Senate amendment, 
     requiring a cautionary statement to be displayed with certain 
     advertisements.
     Section 106. Mandatory Toy Safety Standards.
       The Conferees agreed to modified language that would make 
     the American Society for Testing and Materials (ASTM) 
     International standard F963-07, as it exists on the date of 
     enactment of this Conference Report (except for section 4.2 
     and Annex 4 or any provision that restates or incorporates an 
     existing mandatory standard or ban promulgated by the 
     Commission or by statute), an interim consumer product safety 
     standard pending evaluation by the Commission. The Commission 
     shall establish the mandatory standards by rule after the 
     relevant components of the rule are evaluated.
       In conducting the evaluation required under this section, 
     the Conferees direct the Commission to conduct a study of 
     injuries and deaths related to toy guns and current safety 
     standards applicable to toy guns, and consider the adoption 
     of a consumer product safety rule providing for more 
     distinctive marking of toy guns to distinguish them from 
     actual firearms.
       The Conference Report requires the Commission to promulgate 
     rules to ensure the highest level of safety for toys. The 
     Conferees direct the Commission to designate as quickly as 
     possible the form and manner for States to notify the 
     Commission of any existing State laws or regulations relating 
     to safety requirements for toys.
     Section 107. Study of Preventable Injuries and Deaths in 
         Minority Children Related to Consumer Products.
       The Conferees agreed to modified language that is similar 
     to provisions in the House bill and the Senate amendment. The 
     Conference Report requires the Government Accountability 
     Office (GAO) to assess and report on the racial disparities 
     of the rates of preventable injuries and deaths related to 
     suffocation, poisonings, and drowning among children.
     Section 108. Prohibition on Sale of Certain Products 
         Containing Specified Phthalates.
       The Conferees agreed to a modified version of the Senate 
     amendment's prohibition on specific phthalates in certain 
     children's products.

          TITLE II--CONSUMER PRODUCT SAFETY COMMISSION REFORM


                Subtitle A--Administrative Improvements

     Section 201. Reauthorization of the Commission.
       The Conferees agreed to modified language that would 
     reauthorize the Commission for five years beginning in fiscal 
     year 2010 and provided a specific travel allowance for the 
     Commission.
       The Conferees recognize nanotechnology as a new technology 
     utilized in the manufacture of consumer products and its 
     nature as an emerging technology. The Conferees expect the 
     Commission to review such utilization and the safety of its 
     application in consumer products consistent with the 
     Commission's mission.
       As part of the general authorizations for fiscal years 2010 
     through 2014, the Conferees authorized $25,000,000 to 
     establish and maintain the database required by section 212 
     of the Conference Report and to upgrade and integrate the 
     Commission's information technology systems.
     Section 202. Full Commission Requirement; Interim Quorum; 
         Personnel.
       The Conferees agreed to modified language that is similar 
     to provisions in the House bill and the Senate amendment. The 
     Conference Report reinstates a five-member Commission after 
     one year, and establishes a two-member quorum for one year 
     after the date of enactment.
     Section 203. Submission of Copy of Certain Documents to 
         Congress.
       The Conferees agreed to the identical provisions in the 
     House bill and the Senate amendment.
     Section 204. Expedited Rulemaking.
       The Conferees agreed to modified language that is similar 
     to provisions in the House bill and the Senate amendment. The 
     Conference Report provides the Commission the authority to 
     forgo an Advanced Notice of Proposed Rulemaking.
     Section 205. Inspector General Audits and Reports.
       The Conferees agreed to modified language that is similar 
     to provisions in the House bill and the Senate amendment. The 
     Conference Report instructs the Inspector General of the 
     Commission to conduct reviews and audits to assess the 
     Commission's capital improvement efforts and the adequacy of 
     procedures for accrediting conformity assessment bodies as 
     required by this Conference Report. The Conference Report 
     also requires that the Commission establish and maintain on 
     the homepage of its Internet website a direct link to the 
     Internet webpage of the Commission's Office of Inspector 
     General.
       The Conferees direct the Commission to take steps to inform 
     all employees that they are free to make anonymous complaints 
     through the Inspector General's webpage about waste, fraud 
     and mismanagement within the Commission. The Inspector 
     General should investigate any complaints about the failure 
     of Commission employees to enforce in good faith the rules 
     and regulations of the CPSA or any other Act enforced by the 
     Commission or otherwise carry out their responsibilities 
     under such Acts, including efforts to alter or suppress 
     relevant data, subvert enforcement measures, and succumb to 
     undue influence.
     Section 206. Industry-Sponsored Travel Ban.
       The House bill and the Senate amendment contained similar 
     provisions. The Senate receded to the House bill with minor 
     modifications.
     Section 207. Sharing of Information with Federal, State, 
         Local and Foreign Government Agencies.
       The Conferees agreed to modified language that is nearly 
     identical to the provisions in the House bill and the Senate 
     amendment.
     Section 208. Employee Training Exchanges.
       The Conferees agreed to language that provides the 
     Commission the authority to retain or employ officers or 
     employees of foreign government agencies on a temporary basis 
     or to detail employees of the Commission to work on a 
     temporary basis for appropriate foreign government agencies.
     Section 209. Annual Reporting Requirement.
       The Conferees agreed to modified language that is nearly 
     identical to the provisions in the House bill and the Senate 
     amendment.


               Subtitle B--Enhanced Enforcement Authority

     Section 211. Public Disclosure of Information.
       The House receded to the Senate amendment, which included 
     language that would modify sections 6(a) and 6(b) of the 
     CPSA. The Conference Report includes amendments to the CPSA 
     allowing the Commission, when a manufacturer goes to court 
     under section 6(b)(3) attempting to stop the release of 
     information, to file a request with the Federal District 
     Court for expedited consideration of the matter. While the 
     Conferees expect quick action on these matters to protect 
     public health and safety, they recognize that the prosecution 
     of other matters before the court, such as Class A and Class 
     B felonies, is also extremely important to the public 
     welfare. It is the Conferees' view that the expedited 
     consideration of section 6(b)(3) cases should not delay 
     action on these other important issues.
     Section 212. Establishment of a Public Consumer Product 
         Safety Database.
       The Conferees agreed to modified language that requires the 
     Commission to establish a publicly available searchable 
     database on the safety of consumer products and other 
     products or substances regulated by the Commission within two 
     years of the date of enactment. The Conferees intend that the 
     Commission prevent duplicative reports from being added to 
     the publicly available database. If multiple reports that 
     describe the same incident are submitted to the database, the 
     Commission should, to the extent practicable, remove 
     unnecessary reports and preserve the most relevant report in 
     the database. However, the Conferees recognize that it is 
     possible that multiple reports regarding the same incident 
     could provide different relevant details and that information 
     from those reports could be helpful to the public and should, 
     therefore, remain in the database. The Conferees also direct 
     the GAO to study the general utility of the database and 
     provide recommendations for measures to increase use of the 
     database.
     Section 213. Prohibition on Stockpiling Under Other 
         Commission-Enforced Statutes.
       The Conferees agreed to the identical provisions in the 
     House bill and the Senate amendment.
     Section 214. Enhanced Recall Authority and Corrective Action 
         Plans.
       The Conference Report amends the notification requirements 
     under section 15(b) of the CPSA to promote the timely, 
     accurate, and complete disclosure to the Commission of 
     information that is necessary to protect public health and 
     safety. The Conferees recognize that innovation in the design 
     of consumer products has led to the development of products 
     that can be used in both motor vehicles and the home. For 
     example, some children's car safety seats can be used in a 
     car but also in a frame so that they can be used as strollers 
     or in the home. The Conferees do not intend in the 
     parenthetical language used in section 15(b) to exempt those 
     products from the reporting requirements to the extent that 
     they have defects arising from uses outside a motor vehicle.
       To the list of reports required from manufacturers, 
     retailers, and distributors, this section adds the broad 
     requirement to report information that a product fails to 
     comply with any other rule, standard, ban, or order under 
     this Act, or any other Act enforced by the Commission. It 
     also adds a sentence indicating that a report under this new 
     paragraph may not be used as the basis for criminal 
     prosecution of the reporting person under section 5 of the 
     Federal Hazardous Substances Act (FHSA), except for offenses 
     which require a showing of intent to defraud or mislead. With 
     consideration of the increased criminal penalties in the 
     Conference Report, the Conferees took this narrow, limited 
     action in order to avoid an unjust result under a possible 
     construction of section 5 that provides for strict liability 
     for criminal enforcement without regard to any applicable 
     requirement of knowledge, intent, or

[[Page H7213]]

     willfulness in such situations. The Conferees do not intend 
     for the limited use immunity provided by this section to be 
     used to shelter bad actors from the consequences of their 
     acts but rather to ensure that there are no unintended 
     impediments to the flow of information to the Commission.
       The Conferees also agreed to modified language that is 
     similar to provisions in the House bill and the Senate 
     amendment. The Conference Report provides the Commission 
     greater recall authority and creates requirements for recall 
     notices in order to better inform the public of potential 
     product harms.
     Section 215. Inspection of Firewalled Conformity Assessment 
         Bodies; Identification of Supply Chain.
       The Senate receded to the House bill on language that 
     provides authority to the Commission to inspect firewalled 
     conformity assessment bodies certified as third party 
     conformity assessment bodies. The Conferees also agreed to 
     modified language that is similar to the House bill and the 
     Senate amendment.
     Section 216. Prohibited Acts.
       The Conferees agreed to modified language that is similar 
     to the provisions in the House bill and the Senate amendment, 
     incorporating into the Prohibited Acts section of the CPSA 
     violations created by this Conference Report. In amending 
     section 19(a) of the CPSA, the restriction on exporting a 
     consumer product subject to a voluntary corrective action is 
     not meant to include products that have been reconditioned or 
     repaired in accordance with the Commission-approved 
     corrective action for such products that are compliant.
     Section 217. Penalties.
       The Conferees agreed to modified language that increases 
     the civil penalty cap for each violation of a prohibited act 
     under the CPSA, the FHSA, or the Flammable Fabrics Act (FFA) 
     from $8,000 to $100,000, and the maximum civil penalty cap 
     for a related series of violations under each Act from 
     $1,825,000 to $15,000,000. Within one year of the date of 
     enactment of this Conference Report, the Commission is 
     required to issue a final regulation providing its 
     interpretation of factors to be taken into account by the 
     Commission when determining the amount of any civil penalty.
       The Conferees agreed to language that is similar to 
     provisions in the House bill and the Senate amendment, which 
     would authorize the Commission to seek asset forfeiture as a 
     penalty for a criminal violation of this Conference Report. 
     The House receded to Senate language that would increase 
     maximum criminal penalties and remove the knowledge of notice 
     of noncompliance requirements for directors, officers, and 
     agents under section 21(b) of the CPSA.
     Section 218. Enforcement by State Attorneys General.
       The Conferees agreed to modified language that is similar 
     to the provisions in the House bill and the Senate amendment. 
     The Conferees agreed to include amendments to the CPSA and 
     the Poison Prevention Packaging Act (PPPA) to enhance the 
     ability of the attorney general of a State, or other 
     authorized State officer, alleging specified violations under 
     those Acts that affect or may affect the State or its 
     residents, to obtain appropriate injunctive relief. To ensure 
     the efficient operation of enforcement efforts along with the 
     consistent interpretation and application of Commission 
     regulations, the Conferees expect cooperation and 
     consultation to occur between the attorneys general and the 
     Commission in the normal course of business in implementing 
     and carrying out this authority.
       This section requires a State attorney general to notify 
     the Commission prior to filing any action and provide the 
     Commission a maximum of 30 days to respond to or assist with 
     an action. The Conferees recognize that certain circumstances 
     require immediate action to protect the public from a 
     substantial product hazard. The Conferees have provided a 
     limited exception that would allow the States to proceed upon 
     notification to the Commission when a substantial product 
     hazard may result from the use of a product. The Conferees 
     believe current and future technologies, such as electronic 
     mail and facsimile, should provide a State attorney general 
     the ability to notify the Commission immediately prior to 
     initiating such enforcement actions.
       With regard to the limitation in section 218(b)(5), the 
     Conferees intend to preserve the injunctive authority of 
     State attorneys general to remove dangerous products from the 
     stream of commerce when the Commission is engaged in 
     protracted litigation with defendants. The purpose of this 
     limited exception is to facilitate efficient enforcement of 
     section 19, not impede it. As such, the Conferees do not 
     intend by the parenthetical language to allow unlimited 
     lawsuits against the same defendant in various jurisdictions 
     across the country. Multiple lawsuits involving the same 
     facts and same defendants could delay the prosecution of 
     injunction suits filed by the Commission adding pretrial 
     procedural issues, such as consolidation or transfer. 
     Moreover, the Conferees do not intend for such suits to 
     interfere with the Commission's choice of venue.
     Section 219. Whistleblower Protections.
       The House receded to the Senate amendment with 
     modifications. The Conference Report includes whistleblower 
     protections for employees of manufacturers, private labelers, 
     retailers, and distributors with respect ot alleged 
     violations of any CPSC-enforced product safety requirements.


             Subtitle C--Specific Import-Export Provisions

     Section 221. Export of Recalled and Non-conforming Products.
       The Conferees agreed to modified language that is similar 
     to provisions in the House bill and the Senate amendment.
     Section 222. Import Safety Management and Interagency 
         Cooperation.
       The House receded to the Senate amendment with 
     modifications. The Conferees agreed to language that would 
     require the Commission, in consultation with the United 
     States Customs and Border Protections (CBP), to develop a 
     risk assessment methodology for the identification of 
     shipments that are likely to include consumer products that 
     violate section 17(a) of the CPSA. The Conferees also agreed 
     to require the Commission to utilize the International Trade 
     Data System (ITDS) insofar as practicable (i.e., as soon as 
     ITDS is operational) to evaluate and assess information about 
     shipments of consumer products intended for import into 
     the customs territory of the United States when developing 
     the risk assessment methodology pursuant to this section. 
     The Conference Report also requires the Commission to 
     develop a plan for sharing information and enhancing 
     coordination with CBP.
     Section 223. Substantial Product Hazard List and Destruction 
         of Noncompliant Imported Products.
       The House receded to the Senate amendment with 
     modifications. The Conferees agreed to modified language that 
     would authorize the Commission, by rule, to specify 
     characteristics of a consumer product or class of consumer 
     products whose existence or absence would be deemed to 
     constitute a substantial product hazard. The Conferees also 
     agreed that products refused admission into the customs 
     territory of the United States would be required to be 
     destroyed, unless the Secretary of the Treasury permits the 
     export of the product in lieu of destruction. The Conferees 
     agreed to amend the CPSA to condition the distribution of 
     consumer goods in commerce upon manufacturers' compliance 
     with Commission recordkeeping and inspection requirements.
     Section 224. Financial Responsibility.
       The House receded to the Senate amendment with 
     modifications. The Conferees agreed to modified language 
     regarding identification and determination of a bond amount 
     sufficient to cover the cost of destruction of any consumer 
     product or substance regulated under the CPSA or any other 
     Act enforced by the Commission. The Conferees direct the GAO 
     to conduct a study to determine the feasibility of requiring 
     the posting of an escrow, proof of insurance, or security 
     sufficient in amount to cover the cost of destruction of a 
     domestically-produced product or substance regulated by any 
     Act enforced by the Commission. The GAO is also directed to 
     study the feasibility of posting an escrow, proof of 
     insurance, or security sufficient in amount to cover the 
     effective recall of a domestically-produced or imported 
     product or substance regulated by any Act enforced by the 
     Commission.
     Section 225. Study and Report on Effectiveness of Authorities 
         Relating to Safety of Imported Consumer Products.
       The House bill and the Senate amendment included language 
     to assess the effectiveness of the Commission's authority in 
     preventing unsafe products from entering the United States. 
     The House receded to the Senate amendment with minor 
     modifications.


     Subtitle D--Miscellaneous Provisions and Conforming Amendments

     Section 231. Preemption.
       The Conferees agreed to language that combines provisions 
     from the House bill and the Senate amendment with 
     modifications. The Conference Report contains a provision 
     reiterating the intentions of sections 25 and 26 of the CPSA, 
     section 18 of the FHSA, section 16 of the FFA, and section 7 
     of the PPPA. The Conferees recognized that the Commission 
     frequently explains the scope of Commission rules and 
     standards and that this is appropriate in order to give 
     guidance to the States and the State attorneys general. 
     Furthermore, it is not the intention of the Conferees to 
     supersede the otherwise lawful and appropriate preemption of 
     State laws and regulations. As section 26(a) of the CPSA 
     makes clear, ``whenever a consumer product safety standard 
     under this Act is in effect and applies to a risk of injury 
     associated with a consumer product, no State or political 
     subdivision of a State shall have any authority either to 
     establish or to continue in effect any provision of a safety 
     standard or regulation which prescribes any requirements as 
     to the performance, composition, contents, design, finish, 
     construction, packaging, or labeling of such product which 
     are designed to deal with the same risk of injury associated 
     with such consumer product, unless such requirements are 
     identical to the requirements of the Federal standard.'' 
     Given this language, States may not prescribe additional 
     safety standards that go further than Commission regulations 
     when it has been determined that State regulations are 
     preempted, except as provided in sections 18(b)(2)-(4) of the 
     FHSA, sections 26(b) and (c) of the CPSA, sections 16(b) and 
     (c) of the FFA, and sections 7(b) and (c) of the PPPA of 
     1970. The Conferees also agreed to the preservation of 
     certain State laws.

[[Page H7214]]

       The Conferees included language intended to clarify that 
     the requirements under the Conference Report and the FHSA 
     shall not be construed to preempt or affect State warning 
     requirements under State laws, such as California's 
     Proposition 65, that were enacted prior to August 31, 2003.
     Section 232. All-Terrain Vehicles.
       The House receded to the Senate amendment with 
     modifications.
     Section 233. Cost-Benefit Analysis Under the Poison Packaging 
         Prevention Act of 1970.
       The House receded to the Senate amendment with a technical 
     modification.
     Section 234. Study on Use of Formaldehyde in Manufacturing of 
         Textile and Apparel Articles.
       The House receded to the Senate amendment with a 
     modification that the GAO shall conduct the study instead of 
     the Commission.
     Section 235. Technical and Conforming Changes.
       The Conferees agreed to conforming changes throughout the 
     CPSA.
       The Senate receded to the House bill and agreed to include 
     the House position that a children's product means a consumer 
     product designed or intended primarily for children 12 years 
     of age or younger.
     Section 236. Expedited Judicial Review.
       The Conferees agreed to language that would streamline the 
     judicial review of rules promulgated under certain Acts 
     enforced by the Commission.
     Section 237. Repeal.
       The Conferees agreed to the identical provisions in the 
     House bill and the Senate amendment to repeal section 30(d) 
     of the CPSA.
     Section 238. Pool and Spa Safety Act Technical Amendments.
       The Conferees agreed to technical amendments to the 
     Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. 8001 
     et seq.).
     Section 239. Effective Dates and Severability.
       The Conferees agreed to language regarding the effective 
     date of the Conference Report and the effective dates of the 
     amendments to all the Acts under the Commission's 
     jurisdiction as established by the Conference Report. The 
     Conferees also agreed to language with regard to the 
     severability of the Conference Report.


                           5. Special Issues

       The Senate amendment contained several single-product 
     issues that Senate Members believed important for the 
     Commission to address. The House bill contained no title 
     relating to single-product issues because the House Members 
     believed consumers were better served by keeping the House 
     bill focused on the task of reforming the Commission. Many of 
     these issues were raised by Members of the House Committee on 
     Energy and Commerce in colloquies or discussions of 
     amendments that were offered and withdrawn.
       While the Conference Report addresses certain single-
     product issues, other single-product issues from the Senate 
     amendment were not included. Nevertheless, the Conferees 
     believe certain single-product issues require heightened 
     regulatory scrutiny and greater attention.
       The Conferees believe the Commission must take additional 
     action to reduce the number of preventable deaths and serious 
     injuries resulting from accidental carbon monoxide poisoning. 
     To that end, the Conferees direct the Commission to 
     expeditiously issue a final rule in its proceeding entitled 
     ``Portable Generators'' for which the Commission issued an 
     Advance Notice of Proposed Rulemaking on December 12, 2006 
     (71 Fed. Reg. 74472). The Conferees also direct the 
     Commission to review the effectiveness of its labeling 
     requirements for charcoal briquettes (16 CFR 150014(b)(6)) 
     given the events that occurred during the windstorm that 
     struck the Pacific Northwest beginning on December 14, 2006; 
     identify any specific challenges faced by non-English 
     speaking populations with use of the current standards; and 
     make recommendations, if warranted, for improving the labels 
     on bags of charcoal briquettes.
       The Conferees support carbon monoxide devices being 
     installed in all residential dwelling units and support the 
     efforts of individual States that have enacted legislation 
     requiring the installation of carbon monoxide devices in 
     homes and other dwelling places. The Conferees believe the 
     Commission should consider the adoption of the American 
     National Standards Institute/Underwriters Laboratories 
     standards ANSI/UL 2034 and ANSI/US 2075 for carbon monoxide 
     devices sold in the United States. The Conferees also direct 
     the Commission to conduct a public awareness campaign to 
     educate consumers about carbon monoxide poisoning and the 
     importance of residential carbon monoxide alarms including 
     recommendations for the effective use and maintenance of 
     carbon monoxide alarms.
       The Conferees direct the Commission to conduct a public 
     awareness campaign to educate consumers about the importance 
     of residential smoke alarms and improved smoke detector 
     technology, including the difference between ionization type 
     and photoelectric type alarms. The campaign should include 
     recommendations for effective use and maintenance of smoke 
     alarms.
       The Conferees direct the Commission to issue a final rule 
     in its proceeding entitled, ``Safety Standard for Cigarette 
     Lighters'' for which the Commission issued an Advance Notice 
     of Proposed Rulemaking on April 11, 2005 (70 Fed Reg 18339).
       The Conferees believe that the Commission must take strong 
     action to reduce the number of preventable fatal traumatic 
     brain injuries resulting from inadequate equestrian helmets. 
     The Conferees direct the Commission to consider establishing 
     a mandatory consumer product safety rule for equestrian 
     helmets that is consistent with current voluntary standards, 
     such as the ASTM standard designated as F 1163 and the Snell 
     Memorial Foundation standard designated as E2001, to the 
     extent such standards would increase safety.
       The Conferees believe that the Commission must take action 
     to prevent deaths and serious injuries resulting from garage 
     door entrapment. To that end, the Conferees direct the 
     Commission, in consultation with interested parties 
     consistent with Commission practices, to expeditiously 
     review, revise, and consider the adoption of standards as 
     necessary to ensure the safety and effectiveness of both 
     inherent and external secondary entrapment protection devices 
     that cause the garage door to reverse, including contact and 
     non-contact sensors.
       The Conferees believe the Commission should take 
     appropriate action with respect to lead included in any 
     ceramic product within its jurisdiction.
       The Conferees direct the Commission to examine its current 
     authority with respect to toys intended for use by household 
     pets, especially those that could become children's play 
     things. If the Commission determines that it has the 
     appropriate authority to regulate such products, the 
     Conferees direct the Commission to consider the adoption of 
     limits regarding the use of lead and lead paint in household 
     pet toys.
       The Conferees are aware of tipping dangers presented by 
     furniture, ovens, other large appliances, and television sets 
     that have resulted in serious injuries. In order to help stem 
     preventable accidents and injuries, the Conferees direct the 
     Commission to examine these matters, and, where appropriate, 
     to require stabilizing mechanisms such as braces and clear 
     and conspicuous warning labels, and to make available on its 
     Internet website recommendations on tip-over prevention.
       The Conferees intend for the Commission to give priority to 
     the timely and effective implementation of this Conference 
     Report. Nonetheless, the Conferees request that these special 
     issues be given consideration. The Commission's House and 
     Senate authorizing committees intend to review the status of 
     these issues at appropriate intervals to make sure that they 
     are addressed with reasonable diligence.
     John D. Dingell,
     Henry A. Waxman,
     Bobby L. Rush,
     Diana DeGette,
     Jan Schakowsky,
     Joe Barton,
     Ed Whitfield,
     Cliff Stearns,
                                Managers on the Part of the House.

     Daniel K. Inouye,
     Barbara Boxer,
     Mark Pryor,
     Amy Klobuchar,
     Ted Stevens,
     Kay Bailey Hutchison,
     John E. Sununu,
     Managers on the Part of the Senate.

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