[Congressional Record (Bound Edition), Volume 154 (2008), Part 2]
[Senate]
[Pages 3007-3009]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4087. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2663, to reform the Consumer Product Safety 
Commission to provide greater protection for children's products, to 
improve the screening of noncompliant consumer products, to improve the 
effectiveness of consumer product recall programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 5, between lines 21 and 22, insert the following:
       (c) Prohibition on Certain Private Sponsored Travel.--
       (1) In general.--A Federal agency and any employee of that 
     agency may not accept payment for travel or travel-related 
     expenses from a non-Federal entity if the non-Federal entity 
     has been subject to the jurisdiction of that agency in the 2-
     year period preceding such travel.
       (2) Definition of subject to the jurisdiction of that 
     agency.--In this subsection, ``subject to the jurisdiction of 
     that agency'' means, with respect to a non-Federal entity and 
     a Federal agency, that the non-Federal entity has been 
     subject to an order, investigation, or regulation of the 
     Federal agency.
                                 ______
                                 
  SA 4088. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
by her to the bill S. 2663, to reform the Consumer Product Safety 
Commission to provide greater protection for children's products, to 
improve the screening of noncompliant consumer products, to improve the 
effectiveness of consumer product recall programs, and for other 
purposes.; which was ordered to lie on the table; as follows:

       On page 69, between lines 4 and 5, insert the following:
       (3) Lead crystal.--The Commission may by rule provide that 
     subsection (a) does not apply to lead crystal if the 
     Commission determines, after notice and a hearing, that the 
     lead content in lead crystal will neither--
       (A) result in the absorption of lead into the human body; 
     nor
       (B) have an adverse impact on public health and safety.
                                 ______
                                 
  SA 4089. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 2663, to reform the Consumer Product Safety 
Commission to provide greater protection for children's products, to 
improve the screening of noncompliant consumer products, to improve the 
effectiveness of consumer product recall programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, insert the following new title:

     TITLE ___--OFFICE OF INTERNATIONAL AND DOMESTIC PRODUCT SAFETY

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``International and Domestic 
     Product Safety Act''.

     SEC. _02. DEFINITIONS.

       In this title:
       (1) Commissioner.--The term ``Commissioner'' means the 
     Commissioner responsible for the U.S. Customs and Border 
     Protection of the Department of Homeland Security.
       (2) Consumer product.--The term ``consumer product'' means 
     any of the following:
       (A) Food, as defined in section 201 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 321), including--
       (i) poultry and poultry products, as defined in section 4 
     of the Poultry Products Inspection Act (21 U.S.C. 453);
       (ii) meat and meat food products, as defined in section 1 
     of the Federal Meat Inspection Act (21 U.S.C. 601); and
       (iii) eggs and egg products, as defined in the Egg Products 
     Inspection Act (21 U.S.C. 1033).
       (B) A drug, device, cosmetic, dietary supplement, infant 
     formula, and food additive,

[[Page 3008]]

     as such terms are defined in section 201 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 321).
       (C) A consumer product, as such term is defined in section 
     3(a) of the Consumer Product Safety Act (15 U.S.C. 2052).
       (D) A motor vehicle, motor vehicle equipment, and 
     replacement equipment, as such terms are defined in the 
     National Traffic and Motor Vehicle Safety Act (49 U.S.C. 
     30102).
       (E) A biological product, as such term is defined in 
     section 351(i) of the Public Health Service Act (42 U.S.C. 
     262(i)).
       (F) A pesticide, as such term is defined by the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136).
       (G) Any other food, consumer product, fishery product, 
     beverage, or tobacco product with respect to which a 
     department or agency that is represented on the Council has 
     jurisdiction.
       (3) Council.--The term ``Council'' means the Product Safety 
     Coordinating Council established under section _04.
       (4) Director.--The term ``Director'' means the Director of 
     the Office of International and Domestic Product Safety 
     established under section _03.
       (5) Office.--The term ``Office'' means the Office of 
     International and Domestic Product Safety established under 
     section _03.

     SEC. _03. OFFICE OF INTERNATIONAL AND DOMESTIC PRODUCT 
                   SAFETY; DIRECTOR.

       (a) Establishment of Office.--There is established in the 
     Department of Commerce an Office of International and 
     Domestic Product Safety.
       (b) Director.--The Office shall be headed by a Director of 
     International and Domestic Product Safety who shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate, and who shall report to the Secretary 
     of Commerce.
       (c) Duties.--The Director shall be responsible for 
     facilitating the oversight and coordination of international 
     and domestic consumer product safety responsibilities in a 
     manner that protects the health and safety of United States 
     consumers and ensures that consumers and businesses have 
     access to vital consumer product safety information. The 
     Director shall--
       (1) establish policies, objectives, and priorities to 
     improve the management, coordination, promotion, and 
     oversight of all departments and agencies that are 
     responsible for international and domestic consumer product 
     safety;
       (2) work with consumer groups, industry, and other 
     interested parties to establish the policies, objectives, and 
     priorities described in paragraph (1);
       (3) create a ``one-stop'' Federal website for consumer 
     product safety information;
       (4) develop and maintain a centralized user-friendly public 
     database of all consumer product recalls, advisories, alerts, 
     seizures, defect determinations, import bans, and other 
     actions related to products sold (or offered for sale) in the 
     United States, including mandatory and voluntary actions 
     taken by Federal and State departments and agencies, or by 
     businesses;
       (5) implement a system for disseminating consumer product 
     recall alerts to consumers and businesses, including 
     retailers, the media, and medical professionals;
       (6) promote the development of risk assessment models to 
     assist Federal departments and agencies responsible for the 
     importation and safety of consumer products to better 
     identify and prevent the importation or introduction into 
     commerce of unsafe products;
       (7) promote the development of food tracing technology to 
     provide consumers with access to the supply chain history of 
     a consumer product;
       (8) develop guidelines to facilitate information sharing 
     relating to the importation and safety of consumer products 
     among Federal departments and agencies, State and local 
     governments, businesses, and United States trading partners;
       (9) develop and maintain a public electronic directory of 
     services to assist consumers and businesses in locating 
     consumer product safety information;
       (10) develop a framework for engaging United States trading 
     partners in efforts to improve consumer product safety, 
     including cooperation and coordination related to safety 
     standards, testing, certification, audits, and inspections 
     before consumer products are shipped to the United States;
       (11) establish an inventory of Memoranda of Understanding 
     negotiated by Federal departments and agencies with foreign 
     governments related to the importation and safety of consumer 
     products, and promote coordination among Federal departments 
     and agencies seeking to negotiate new memoranda; and
       (12) develop and implement other activities to ensure that 
     there is a unified effort to protect the health and safety of 
     United States consumers, including--
       (A) simplifying consumer-retailer interaction regarding 
     consumer products identified as unsafe;
       (B) improving consumer product labeling;
       (C) developing comprehensive recordkeeping throughout the 
     production, importation, and distribution of consumer 
     products; and
       (D) increasing public access to information regarding--
       (i) consumer product safety standards, testing, and 
     certification;
       (ii) enforcement of consumer product safety laws, and
       (iii) consumer product-related deaths, injuries, and 
     illness.
       (d) Compensation.--Section 5314 of title 5, United States 
     Code, is amended by adding at the end the following new item:
       ``Director of International and Domestic Product Safety, 
     Department of Commerce.''.
       (e) Function of the Office.--The function of the Office of 
     International and Domestic Product Safety is to assist the 
     Director in carrying out the duties of the Director described 
     under this title.
       (f) Staff.--The Director may employ and fix the 
     compensation of such officers and employees as may be 
     necessary to assist the Director in carrying out the duties 
     of the Director. The Director may direct, with the 
     concurrence of the Secretary of a department or head of an 
     agency, the temporary reassignment within the Federal 
     Government of personnel employed by such department or agency 
     on a reimbursable or nonreimbursable basis.

     SEC. _04. PRODUCT SAFETY COORDINATING COUNCIL.

       (a) Establishment.--There is established a Product Safety 
     Coordinating Council.
       (b) Composition.--The Council shall consist of the 
     following members or their designees:
       (1) The Director, who shall chair the Council.
       (2) The Commissioner of U.S. Customs and Border Protection.
       (3) The Under Secretary of Commerce for International 
     Trade.
       (4) A Deputy United States Trade Representative, as 
     determined by the United States Trade Representative.
       (5) The Under Secretary of State for Economic, Energy and 
     Agricultural Affairs.
       (6) The Under Secretary of Agriculture for Food Safety.
       (7) The Commissioner of Food and Drugs.
       (8) The Assistant Administrator for Fisheries of the 
     National Oceanic and Atmospheric Administration.
       (9) The Chairman of the Consumer Product Safety Commission.
       (10) The Administrator of the National Highway Traffic 
     Safety Administration.
       (11) The Deputy Administrator of the Environmental 
     Protection Agency.
       (12) The Administrator of the Alcohol and Tobacco Tax and 
     Trade Bureau.
       (13) The Deputy Attorney General.
       (14) The Director of the Centers for Disease Control and 
     Prevention.
       (15) The Chairman of the Federal Trade Commission.
       (16) Such other officers of the United States as the 
     Director determines necessary to carry out the functions of 
     the Council.
       (c) Department and Agency Responsibilities.--
       (1) In general.--The department or agency of each member of 
     the Council shall assist the Director in--
       (A) developing and implementing a unified effort to protect 
     the health and safety of United States consumers;
       (B) ensuring that consumers and businesses have access to 
     vital consumer product safety information; and
       (C) carrying out the responsibilities of the Director under 
     this title.
       (2) Cooperation.--Each member of the Council shall seek to 
     ensure that the department or agency the member represents--
       (A) provides such assistance, information, and advice as 
     the Director may request;
       (B) complies with information sharing policies, procedures, 
     guidelines, and standards established by the Director; and
       (C) provides adequate resources to support the activities 
     and operations of the Office.
       (d) Meetings.--The Director shall convene monthly meetings 
     of the Council.

     SEC. _05. STRATEGIC PLAN.

       (a) Strategic Plan Required.--Not later than 180 days after 
     the date of the enactment of this Act, and every 2 years 
     thereafter, the Director shall, after consulting with the 
     members of the Council, submit to the President and to 
     Congress a strategic plan.
       (b) Contents of Strategic Plan.--The strategic plan 
     submitted under subsection (a) shall contain--
       (1) a detailed description of the goals, objectives, and 
     priorities of the Office and the Council;
       (2) a description of the methods for achieving the goals, 
     objectives, and priorities;
       (3) a description of the performance measures that will be 
     used to monitor results in achieving the goals, objectives, 
     and priorities; and
       (4) an estimate of the resources necessary to achieve the 
     goals, objectives, and priorities described in subparagraph 
     (1), and an estimate of the cost of the resources.

     SEC. _06. REPORT ON INTERNATIONAL AND DOMESTIC PRODUCT 
                   SAFETY.

       (a) Report Required.--Not later than November 1 of each 
     calendar year, the Director shall submit to the President and 
     to Congress, a written report on the safety of international 
     and domestic consumer products.
       (b) Content of Report.--The report submitted under 
     subsection (a) shall contain a

[[Page 3009]]

     detailed description of the implementation of the duties set 
     forth in section ___03(c) of this title.
       (c) Consultations.--The Director shall consult with the 
     members of the Council with respect to the preparation of the 
     report required under subsection (a). Any comments provided 
     by the members of the Council shall be submitted to the 
     Director not later than October 15 of each calendar year. The 
     Director shall submit the report to Congress after taking 
     into account all comments received.

     SEC. _07. PRIORITY IN INTERNATIONAL TRADE TALKS.

       The President, the Director, and members of the Council 
     shall seek to engage trading partners of the United States in 
     bilateral and multilateral fora regarding improvements in 
     consumer product safety, including cooperation and 
     coordination with respect to--
       (1) authorization of preexport audits and inspections;
       (2) establishment of safety standards, testing, and 
     certifications; and
       (3) public dissemination of information concerning consumer 
     product recalls, advisories, alerts, seizures, defect 
     determinations, import bans, and other related actions.

     SEC. _08. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary of 
     Commerce such sums as may be necessary to carry out the 
     provisions of this title and the activities of the Office.

     SEC. _09. AUTHORIZATION OF INTERAGENCY SUPPORT FOR PRODUCT 
                   SAFETY COORDINATION.

       The use of interagency funding and other forms of support 
     is authorized by Congress to carry out the functions and 
     activities of the Office and the functions and activities of 
     the Council.
                                 ______
                                 
  SA 4090. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 2663, to reform the Consumer Product Safety 
Commission to provide greater protection for children's products, to 
improve the screening of noncompliant consumer products, to improve the 
effectiveness of consumer product recall programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 87, line 11, strike ``cigarette'' and insert 
     ``Cigarette''.

                          ____________________