[Congressional Record (Bound Edition), Volume 154 (2008), Part 3]
[Senate]
[Pages 3181-3187]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4108. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 2663, to reform the Consumer Product Safety 
Commission to provide greater protection for children's products, to 
improve the screening of noncompliant consumer products, to improve the 
effectiveness of consumer product recall programs, and for other 
purposes; as follows:

       On page 63, strike line 6 and all that follows through page 
     64, line 6, and insert the following:

     in an amount not to exceed $15,000 for 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 $15,000, to be paid 
     by the complainant.
       ``(4)(A) If the Secretary has not issued a final decision 
     within 210 days after the filing of the complaint, or within 
     90 days after receiving a written determination, the 
     complainant may bring an action at law or equity for review 
     in the appropriate district court of the United States with 
     jurisdiction, which shall have jurisdiction over such an 
     action without regard to the amount in controversy, and which 
     action shall, at the request of either party to such action, 
     be tried by the court with a jury. The proceedings shall be 
     governed by the same legal burdens of proof specified in 
     paragraph (2)(B).
       ``(B) In an action brought under subparagraph (A), the 
     court may grant injunctive relief and compensatory damages to 
     the complainant. The court may also grant any other monetary 
     relief to the complainant available at law or equity, not 
     exceeding a total amount of $50,000, including consequential 
     damages, reasonable attorneys and expert witness fees, court 
     costs, and punitive damages.
       ``(C) If the court finds that an action brought under 
     subparagraph (A) is frivolous or has been brought in bad 
     faith, the court may award to the prevailing employer a 
     reasonable attorneys' fee, not exceeding $15,000, to be paid 
     by the complainant.
                                 ______
                                 
  SA 4109. Mr. CASEY (for himself, Mr. Brown, and Ms. Landrieu) 
submitted an amendment intended to be proposed by him to the bill S. 
2663, to reform the Consumer Product Safety Commission to provide 
greater protection for children's products, to improve the screening of 
noncompliant consumer products, to improve the effectiveness of 
consumer product recall programs, and for other purposes; as follows:

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

     SEC. 40. CONSUMER PRODUCT SAFETY STANDARDS USE OF 
                   FORMALDEHYDE IN TEXTILE AND APPAREL ARTICLES.

       (a) Study on Use of Formaldehyde in Manufacturing of 
     Textile and Apparel Articles.--Not later than 2 years after 
     the date of the enactment of this Act, the Consumer Product 
     Safety 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.
       (b) Consumer Product Safety Standard.--Not later than 3 
     years after the date of the enactment of this Act, the 
     Consumer Product Safety Commission shall prescribe a consumer 
     product safety standard under section 7(a) of the Consumer 
     Product Safety Act (15 U.S.C. 2056(a)) with respect to 
     textile and apparel articles, and components of such 
     articles, in which formaldehyde was used in the manufacture 
     thereof.
       (c) Rule to Establish Testing Program.--
       (1) In general.--Not later than 3 years after the date of 
     the enactment of this Act, the Consumer Product Safety 
     Commission shall prescribe under section 14(b) of such Act 
     (15 U.S.C. 2063(b)) a reasonable testing program for textile 
     and apparel articles, and components of such articles, in 
     which formaldehyde was used in the manufacture thereof.
       (2) Independent third party.--In prescribing the testing 
     program under paragraph (1), the Consumer Product Safety 
     Commission shall require, as a condition of receiving 
     certification under subsection (a) of section 14 of such Act 
     (15 U.S.C. 2063), that such articles or components are tested 
     by an independent third party qualified to perform such 
     testing program in accordance with the rules promulgated 
     under subsection (d) of such section, as added by section 
     10(c) of this Act.
       (d) Preemption.--Nothing in this section or section 
     18(b)(1)(B) of the Federal Hazardous Substances Act (15 
     U.S.C. 1261 note) shall preclude or deny any right of any 
     State or political subdivision thereof to adopt or enforce 
     any provision of State or local law that--
       (1) protects consumers from risks of illness or injury 
     caused by the use of hazardous substances in the manufacture 
     of textile and apparel articles, or components of such 
     articles; and
       (2) provides a greater degree of such protection than that 
     provided under this section.
       (e) Sense of the Congress.--Congress finds that:
       (1) Formaldehyde has been a known health risk since the 
     1960s;
       (2) As international trade in textiles has grown a number 
     of countries have recently recalled a number of textile 
     products for excessive levels of formaldehyde; and
       (3) The Federal Emergency Management Agency and the Centers 
     for Disease Control released formaldehyde testing results 
     from trailers in Louisiana and Mississippi on February 14, 
     2008:
       (A) Results of these tests showed levels of toxic 
     formaldehyde that were on average five times as high as 
     normal;
       (B) Formaldehyde in textiles is a known contributor to 
     increased indoor air concentrations of formaldehyde; and
       (C) The Centers for Disease Control has recommended 
     residents of the 2005 hurricanes living in Federal Emergency 
     Management Agency trailers immediately move out due to health 
     concerns.
                                 ______
                                 
  SA 4110. Mr. KERRY 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 program, and

[[Page 3182]]

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

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

     SEC. 40. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON CIVIL 
                   PENALTIES.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall initiate a study to assess the amount of 
     civil penalties imposed and authorized to be imposed pursuant 
     to the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) 
     and other Federal regulatory laws.
       (b) Federal Regulatory Laws Defined.--In this section, the 
     term ``Federal regulatory laws'' means Federal laws designed 
     to protect the safety of the public, including the Consumer 
     Product Safety Act (15 U.S.C. 2051 et seq.), chapter 301 of 
     title 49, United States Code (relating to motor vehicle 
     safety), the Federal Food, Drug and Cosmetic Act (21 U.S.C. 
     301 et seq.), the Securities Exchange Act of 1934 (15 U.S.C. 
     78a et seq.), and laws relating to environmental protection.
       (c) Contents.--The study required under subsection (a) 
     shall--
       (1) compare and assess--
       (A) the maximum amount of civil penalties that may be 
     imposed pursuant to the Consumer Product Safety Act (15 
     U.S.C. 2051 et seq.) and other Federal regulatory laws;
       (B) the actual amount of penalties imposed by Federal 
     agencies pursuant to the Consumer Product Safety Act and 
     other Federal regulatory laws; and
       (C) the costs to manufacturers and other persons of 
     complying with the Consumer Product Safety Act, other Federal 
     regulatory laws, and regulations promulgated pursuant to such 
     Act and laws, including costs associated with recalls of 
     products; and
       (2) include recommendations regarding the amount of civil 
     penalties appropriate to further the purposes of the Consumer 
     Product Safety Act and other Federal regulatory laws, 
     considering--
       (A) the deterrent effect of civil penalties; and
       (B) the actual and potential burdens of civil penalties on 
     large and small businesses.
       (d) Submission to Congress.--The Comptroller General of the 
     United States shall submit the study required under 
     subsection (a) to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives not later than 1 
     year after the date of the enactment of this Act.
                                 ______
                                 
  SA 4111. Mr. KOHL (for himself, Mr. Graham, and Mr. Leahy) submitted 
an amendment intended to be proposed by him to the bill S. 2663, to 
reform the Consumer Product Safety Commission to provide greater 
protection for children's products, to improve the screening of 
noncompliant consumer products, to improve the effectiveness of 
consumer product recall programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. 40. SUNSHINE IN LITIGATION.

       (a) Short Title.--This section may be cited as the 
     ``Sunshine in Litigation Act of 2008''.
       (b) Restrictions on Protective Orders and Sealing of Cases 
     and Settlements.--
       (1) In general.--Chapter 111 of title 28, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1660. Restrictions on protective orders and sealing of 
       cases and settlements

       ``(a)(1) A court shall not enter an order under rule 26(c) 
     of the Federal Rules of Civil Procedure restricting the 
     disclosure of information obtained through discovery, an 
     order approving a settlement agreement that would restrict 
     the disclosure of such information, or an order restricting 
     access to court records in a civil case unless the court has 
     made findings of fact that--
       ``(A) such order would not restrict the disclosure of 
     information which is relevant to the protection of public 
     health or safety; or
       ``(B)(i) the public interest in the disclosure of potential 
     health or safety hazards is outweighed by a specific and 
     substantial interest in maintaining the confidentiality of 
     the information or records in question; and
       ``(ii) the requested protective order is no broader than 
     necessary to protect the privacy interest asserted.
       ``(2) No order entered in accordance with paragraph (1), 
     other than an order approving a settlement agreement, shall 
     continue in effect after the entry of final judgment, unless 
     at the time of, or after, such entry the court makes a 
     separate finding of fact that the requirements of paragraph 
     (1) have been met.
       ``(3) The party who is the proponent for the entry of an 
     order, as provided under this section, shall have the burden 
     of proof in obtaining such an order.
       ``(4) This section shall apply even if an order under 
     paragraph (1) is requested--
       ``(A) by motion pursuant to rule 26(c) of the Federal Rules 
     of Civil Procedure; or
       ``(B) by application pursuant to the stipulation of the 
     parties.
       ``(5)(A) The provisions of this section shall not 
     constitute grounds for the withholding of information in 
     discovery that is otherwise discoverable under rule 26 of the 
     Federal Rules of Civil Procedure.
       ``(B) No party shall request, as a condition for the 
     production of discovery, that another party stipulate to an 
     order that would violate this section.
       ``(b)(1) A court shall not approve or enforce any provision 
     of an agreement between or among parties to a civil action, 
     or approve or enforce an order subject to subsection (a)(1), 
     that prohibits or otherwise restricts a party from disclosing 
     any information relevant to such civil action to any Federal 
     or State agency with authority to enforce laws regulating an 
     activity relating to such information.
       ``(2) Any such information disclosed to a Federal or State 
     agency shall be confidential to the extent provided by law.
       ``(c)(1) Subject to paragraph (2), a court shall not 
     enforce any provision of a settlement agreement described 
     under subsection (a)(1) between or among parties that 
     prohibits 1 or more parties from--
       ``(A) disclosing that a settlement was reached or the terms 
     of such settlement, other than the amount of money paid; or
       ``(B) discussing a case, or evidence produced in the case, 
     that involves matters related to public health or safety.
       ``(2) Paragraph (1) does not apply if the court has made 
     findings of fact that the public interest in the disclosure 
     of potential health or safety hazards is outweighed by a 
     specific and substantial interest in maintaining the 
     confidentiality of the information.
       ``(d) When weighing the interest in maintaining 
     confidentiality under this section, there shall be a 
     rebuttable presumption that the interest in protecting 
     personally identifiable information relating to financial, 
     health or other similar information of an individual 
     outweighs the public interest in disclosure.
       ``(e) Nothing in this section shall be construed to permit, 
     require, or authorize the disclosure of classified 
     information (as defined under section 1 of the Classified 
     Information Procedures Act (18 U.S.C. App.)).''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 111 of title 28, United States Code, is 
     amended by adding after the item relating to section 1659 the 
     following:

``1660. Restrictions on protective orders and sealing of cases and 
              settlements.''.
       (c) Effective Date.--The amendments made by this section 
     shall--
       (1) take effect 30 days after the date of enactment of this 
     Act; and
       (2) apply only to orders entered in civil actions or 
     agreements entered into on or after such date.
                                 ______
                                 
  SA 4112. Mrs. BOXER (for herself, Mr. Coleman, and Mr. Martinez) 
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 program, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 32, line 2, insert ``that provides a direct means 
     of purchase'' before ``posted by a manufacturer''.
                                 ______
                                 
  SA 4113. Mr. REID (for Mr. Obama (for himself and Mr. Cardin)) 
submitted an amendment intended to be proposed by Mr. Reid to the bill 
S. 2663, to reform the Consumer Product Safety Commission to provide 
greater protection for children's products, to improve the screening of 
noncompliant consumer products, to improve the effectiveness of 
consumer product recall programs, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 40. REQUIREMENTS FOR RECALL NOTICES.

       (a) In General.--Section 15 (15 U.S.C. 2064) is amended by 
     adding at the end the following:
       ``(i) Requirements for Recall Notices.--
       ``(1) In general.--If the Commission determines that a 
     product distributed in commerce presents a substantial 
     product hazard and that action under subsection (d) is in the 
     public interest, the Commission may order the manufacturer or 
     any distributor or retailer of the product to distribute 
     notice of the action to the public. The notice shall include 
     the following:
       ``(A) 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.

[[Page 3183]]

       ``(D) A description of the substantial product hazard and 
     the reasons for the action.
       ``(E) An identification of the manufacturers, importers, 
     distributers, and retailers of the product.
       ``(F) The locations where, and Internet websites from 
     which, the product was sold.
       ``(G) The name and location of the factory at which the 
     product was produced.
       ``(H) The dates between which the product was manufactured 
     and sold.
       ``(I) 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.
       ``(J) 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 to take to obtain 
     a remedy or information about a remedy, such as mailing 
     addresses, telephone numbers, fax numbers, and email 
     addresses.
       ``(K) Any other information the Commission determines 
     necessary.
       ``(2) Notices in languages other than english.--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.''.
       (b) Publication of Information on Recalled Products.--
     Beginning not later than 1 year after the date of the 
     enactment of this Act, the Consumer Product Safety Commission 
     shall make the following information available to the public 
     as the information becomes available to the Commission:
       (1) Progress reports and incident updates with respect to 
     action plans implemented under section 15(d) of the Consumer 
     Product Safety Act (15 U.S.C. 2064(d)).
       (2) Statistics with respect to injuries and deaths 
     associated with products that the Commission determines 
     present a substantial product hazard under section 15(c) of 
     the Consumer Product Safety Act (15 U.S.C. 2064(c)).
       (3) 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) of the 
     Consumer Product Safety Act (15 U.S.C. 2064(d)).
                                 ______
                                 
  SA 4114. Mr. REID (for Mr. Obama) submitted an amendment intended to 
be proposed by Mr. Reid 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 program, and 
for other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 40. STUDY AND REPORT ON EFFECTIVENESS OF AUTHORITIES 
                   RELATING TO SAFETY OF IMPORTED CONSUMER 
                   PRODUCTS.

       Not later than 180 days after the date of the 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) develop a plan to improve the effectiveness of the 
     Consumer Product Safety Commission in preventing unsafe 
     consumer products from entering such customs territory; and
       (3) submit to Congress a report on the findings of the 
     Comptroller General with respect to paragraphs (1) through 
     (3), including legislative recommendations related to--
       (A) inspection of foreign manufacturing plants by the 
     Consumer Product Safety Commission; and
       (B) requiring foreign manufacturers to consent to the 
     jurisdiction of United States courts with respect to 
     enforcement actions by the Consumer Product Safety 
     Commission.
                                 ______
                                 
  SA 4115 Mr. KYL 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 page 61, lines 11 and 23, insert the word 
     ``substantial'' before ``contributing factor''.
       At page 61, line 17, and at page 62, line 2, strike ``clear 
     and convincing evidence'' and insert ``a preponderance of the 
     evidence''.
                                 ______
                                 
  SA 4116. Mr. KYL 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 page 58, insert between lines 7 and 8 the following:
       ``(h) If private counsel is retained to assist in any civil 
     action under subsection (a), the State may not demand or 
     receive discovery of information that is protected by the 
     attorney-client privilege, unless a private party would be 
     able to obtain discovery of the same information in a 
     comparable private civil action.''
                                 ______
                                 
  SA 4117. Mr. KYL 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 page 64, line 6, and at page 65, line 17, insert after 
     the period the following:
       ``If the court finds that no genuine issue of fact or law 
     exists with regard to a claim asserted pursuant to this 
     paragraph that would allow a reasonable juror to find in 
     favor of the party presenting the claim, the court shall 
     award to the prevailing party 30 percent of the reasonable 
     attorney's fees that were incurred by the prevailing party in 
     connection with that claim.''
                                 ______
                                 
  SA 4118. Mr. KYL 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 page 58, line 7, insert before the quotation mark the 
     following:
       ``If private counsel is retained in any civil action under 
     subsection (a), the court shall review the fees proposed to 
     be paid to the private counsel and shall limit those fees to 
     an amount that is reasonable in light of the hours of work 
     actually performed by the private counsel and the risk of 
     nonpayment of fees assumed by that counsel when he agreed to 
     represent the party. The court may, as appropriate, retain 
     the services of an independent accounting firm to assist the 
     court in conducting a review under this subsection.''
                                 ______
                                 
  SA 4119. Ms. LANDRIEU 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 92, between lines 9 and 10, insert the following:
       (c) Use of Alternative Recall Notification Technology.--
       (1) In general.--If new recall notification technology 
     becomes available and the Consumer Product Safety Commission 
     determines that such new recall notification technology is at 
     least as effective as the use of consumer registration forms, 
     then the Commission shall inform the public of its findings, 
     report to Congress, and shall allow manufacturers that 
     utilize such new recall technology as an alternative means of 
     fulfilling the requirements of subsection (c). The Commission 
     shall make a determination as to the effectiveness of such 
     new recall notification technology after a minimum of 6 
     months, but no more than 1 year of testing or empirical study 
     or a combination thereof and shall issue its determination no 
     later than 1 year after conclusion of such testing or 
     empirical study.
       (2) Regulations.--The Commission shall prescribe 
     regulations to carry out this subsection.
                                 ______
                                 
  SA 4120. Ms. LANDRIEU (for herself and Mrs. Boxer) 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:


[[Page 3184]]

       On page 92, between lines 9 and 10, insert the following:
       (c) Use of Alternative Recall Notification Technology.--
       (1) In general.--If the Commission determines that a recall 
     notification technology can be used by a manufacturer of 
     durable infant or toddler products and such technology is as 
     effective or more effective in facilitating recalls of 
     durable infant or toddler products as the registration forms 
     required by subsection (a)--
       (A) the Commission shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Energy and Commerce of the House of 
     Representatives a report on such determination; and
       (B) a manufacturer of durable infant or toddler products 
     that uses such technology in lieu of such registration forms 
     to facilitate recalls of durable infant or toddler products 
     shall be considered in compliance with the regulations 
     promulgated under such subsection with respect to 
     subparagraphs (A) and (B) of paragraph (1) of such 
     subsection.
       (2) Study and report.--Not later than 1 year after the date 
     of the enactment of this Act and periodically thereafter as 
     the Commission considers appropriate, the Commission shall--
       (A) for a period of not less than 6 months and not more 
     than 1 year--
       (i) conduct a review of recall notification technology; and
       (ii) assess, through testing and empirical study, the 
     effectiveness of such technology in facilitating recalls of 
     durable infant or toddler products; and
       (B) submit to the committees described in paragraph (1)(A) 
     a report on the review and assessment required by 
     subparagraph (A).
       (3) Regulations.--The Commission shall prescribe 
     regulations to carry out this subsection.
                                 ______
                                 
  SA 4121. Mr. BUNNING (for himself and Ms. Stabenow) 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, add the following:

                        TITLE __--EXCHANGE RATES

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``China Currency 
     Manipulation Act of 2008''.

     SEC. __02. FINDINGS.

       Congress makes the following findings:
       (1) The People's Republic of China has a material global 
     current account surplus.
       (2) The People's Republic of China has, since 2000, 
     accumulated a current account surplus with the United States 
     of approximately $1,200,000,000,000, twice the size of the 
     current account surplus of any other United States trade 
     partner.
       (3) The People's Republic of China has engaged in 
     protracted large-scale intervention in currency markets, 
     thereby subsidizing Chinese-made products and erecting a 
     formidable nontariff barrier to trade to United States 
     exports to the People's Republic of China, in contravention 
     of the spirit and intent of the General Agreement on Tariffs 
     and Trade and the Articles of Agreement of the International 
     Monetary Fund.

     SEC. __03. ACTION TO ACHIEVE FAIR CURRENCY.

       (a) Determination.--Notwithstanding any other provision of 
     law, the Secretary of the Treasury shall make an affirmative 
     determination that the People's Republic of China is 
     manipulating its currency within the meaning of section 
     3004(b) of the Exchange Rates and International Economic 
     Policies Coordination Act of 1988 (22 U.S.C. 5304(b)) and 
     take the action described in subsections (b), (c), and (d).
       (b) Action.--
       (1) In general.--The Secretary of the Treasury shall, not 
     later than 30 days after the date of the enactment of this 
     Act, establish a plan of action to remedy currency 
     manipulation by the People's Republic of China, and submit a 
     report regarding that plan, to the Committee on Banking, 
     Housing, and Urban Affairs and the Committee on Finance of 
     the Senate and the Committee on Financial Services and the 
     Committee on Ways and Means of the House of Representatives.
       (2) Benchmarks.--The report described in paragraph (1) 
     shall include specific benchmarks and timeframes for 
     correcting the currency manipulation.
       (c) Initial Negotiations.--The Secretary shall initiate, on 
     an expedited basis, bilateral negotiations with the People's 
     Republic of China for the purpose of ensuring that the 
     country regularly and promptly adjusts the rate of exchange 
     between its currency and the United States dollar to permit 
     effective balance of payment adjustments and to eliminate the 
     unfair competitive advantage.
       (d) Coordination With the International Monetary Fund.--The 
     Secretary of the Treasury shall, not later than 30 days after 
     the date of the enactment of this Act, instruct the Executive 
     Director to the International Monetary Fund to use the voice 
     and vote of the United States, including requesting 
     consultations under Article IV of the Articles of Agreement 
     of the International Monetary Fund, for the purpose of 
     ensuring the People's Republic of China regularly and 
     promptly adjusts the rate of exchange between its currency 
     and the United States dollar to permit effective balance of 
     payments adjustments and to eliminate the unfair competitive 
     advantage in trade.
                                 ______
                                 
  SA 4122. Mr. DORGAN proposed an amendment to the bill S. 2663, to 
reform the Consumer Product Safety Commission to provide greater 
protection for children's products, to improve the screening of 
noncompliant consumer products, to improve the effectiveness of 
consumer product recall programs, and for other purposes; as follows:

       On page 25, beginning with line 21, strike through line 13 
     on page 29 and insert the following:
       ``(3) Third party laboratory.--
       ``(A) In general.--The term `third party laboratory' means 
     a testing entity that--
       ``(i) is designated by the Commission, or by an independent 
     standard-setting organization to which the Commission 
     qualifies as capable of making such a designation, as a 
     testing laboratory that is competent to test products for 
     compliance with applicable safety standards under this Act 
     and other Acts enforced by the Commission; and
       ``(ii) is a non-governmental entity that is not owned, 
     managed, or controlled by the manufacturer or private 
     labeler.
       ``(B) Testing and certification of art materials and 
     products.--A certifying organization (as defined in appendix 
     A to section 1500.14(b)(8) of title 16, Code of Federal 
     Regulations) meets the requirements of subparagraph (A)(ii) 
     with respect to the certification of art material and art 
     products required under this section or by regulations issued 
     under the Federal Hazardous Substances Act.
       ``(C) Provisional certification.--
       ``(i) In general.--Upon application made to the Commission 
     less than 1 year after the date of enactment of the CPSC 
     Reform Act, the Commission may provide provisional 
     certification of a laboratory described in subparagraph (A) 
     of this paragraph upon a showing that the laboratory--

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

       ``(ii) Deadline.--The Commission shall grant or deny any 
     such application within 45 days after receiving the completed 
     application.
       ``(iii) Expiration.--Any such certification shall expire 90 
     days after the date on which the Commission publishes final 
     rules under subsections (a)(2) and (d).
       ``(iv) Anti-gap provision.--Within 45 days after receiving 
     a complete application for certification under the final rule 
     prescribed under subsections (a)(2) and (d) of this section 
     from a laboratory provisionally certified under this 
     subparagraph, the Commission shall grant or deny the 
     application if the application is received by the Commission 
     no later than 45 days after the date on which the Commission 
     publishes such final rule.
       ``(D) Decertification.--The Commission, or an independent 
     standard-setting organization to which the Commission has 
     delegated such authority, may decertify a third party 
     laboratory if it finds, after notice and investigation, that 
     a manufacturer or private labeler has exerted undue influence 
     on the laboratory.''.
                                 ______
                                 
  SA 4123. Ms. COLLINS 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 65, between lines 17 and 18, insert the following:
       ``(8) Notwithstanding paragraphs (1) through (7), a Federal 
     employee shall be limited to the remedies available under 
     chapters 12 and 23 of title 5, United States Code, for any 
     violation of this section.
                                 ______
                                 
  SA 4124. Mr. DeMINT proposed an amendment to the bill S. 2663, to 
reform the Consumer Product Safety Commission to provide greater 
protection for children's products, to improve the screening of 
noncompliant consumer products, to improve the effectiveness of 
consumer product recall programs, and for other purposes; as follows:


[[Page 3185]]

       Beginning on page 85, strike line 22 and all that follows 
     through page 86, line 8.

                                 ______
                                 
  SA 4125. Mr. CORBIN 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 program, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PUBLICLY AVAILABLE DATABASE OF TRIAL LAWYERS 
                   WINDFALL PROFITS.

       Section 6 (15 U.S.C. 2055) is amended by adding at the end 
     the following new subsections:
       ``(f) Publicly Available Database of Trial Lawyers Windfall 
     Profits.--
       ``(1) In general.--Not later than 1 year after the date of 
     the enactment of the CPSC Reform Act, the Commission shall 
     establish and maintain a publicly available searchable 
     database accessible on the Commission's web site that 
     includes information about all civil actions filed after the 
     date of the enactment of this Act with respect to consumer 
     products. The database shall include, with respect to each 
     such civil action--
       ``(A) the identity of each law firm or attorney 
     representing the parties to such action;
       ``(B) information on lawyer's fees, rates, and the retainer 
     received by the Commission from--
       ``(i) lawyers, union members, teamsters, and lobbyists; and
       ``(ii) Federal, State, and local government agencies; and
       ``(C) the amount of any damages, fees, or other 
     compensation awarded, including a breakdown of the 
     disbursement of such damages, fees, or other compensation to 
     the parties to the action and each law firm or attorney 
     representing such parties.
       ``(2) Organization of database.--The Commission shall 
     categorize the information available on the database by date, 
     civil action, representing law firm or attorney, and any 
     other category the Commission determines to be in the public 
     interest.
       ``(3) Timing.--The Commission shall include in the database 
     the information referred to in paragraph (1) not later than 
     15 days after such information becomes available to the 
     Commission.
       ``(4) Application with consumer product safety database.--
     If a civil action reported in the database pertains to 
     information reported in the database maintained under 
     subsection (b)(9), the results of the action shall be 
     included together with such report on such database.
       ``(g) Funding for Databases.--The databases established and 
     maintained under subsections (b) and (f) shall be funded 
     solely through amounts deposited into the CPSC Database 
     Maintenance Fund established under section __ of the CPSC 
     Reform Act.''.

     SEC. __. CPSC DATABASE MAINTENANCE FUND.

       (a) Establishment and Administration.--The Secretary of the 
     Treasury shall establish a special account in the Treasury of 
     the United States to be known as the CPSC Database 
     Maintenance Fund (in this section referred to as the 
     ``Fund''). The Fund shall be administered by the Consumer 
     Product Safety Commission.
       (b) Use of Fund.--The Commission shall use the assets of 
     the Fund only for the purpose of establishing and maintaining 
     the consumer product safety database and the civil action 
     fees and awards database under subsections (b) and (f), 
     respectively, of section 6 of the Consumer Product Safety Act 
     (15 U.S.C. 2055), as added by section 7(14) and section __, 
     respectively, of this Act.
       (c) Deposits.--There shall be deposited into the Fund 1 
     percent of all costs and fees awarded to attorneys generals 
     with respect to civil actions under section 26A(g) of the 
     Consumer Product Safety Act, as added by section 20(a) of 
     this Act.
       (d) Availability.--Amounts deposited under subsection (c) 
     shall constitute the assets of the Fund and remain available 
     until expended.
                                 ______
                                 
  SA 4126. Mrs. BOXER (for herself, Mrs. Feinstein, Mr. Cardin, and Mr. 
Lautenberg) 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 program, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 40. PERCHLORATE MONITORING AND RIGHT-TO-KNOW.

       (a) Findings and Purpose.--
       (1) Findings.--Congress finds that--
       (A) perchlorate--
       (i) is a chemical used as the primary ingredient of solid 
     rocket propellant; and
       (ii) is also used in fireworks, road flares, and other 
     applications;
       (B) waste from the manufacture and improper disposal of 
     chemicals containing perchlorate is increasingly being 
     discovered in soil and water;
       (C) according to the Government Accountability Office, 
     perchlorate contamination has been detected in water and soil 
     at almost 400 sites in the United States, with concentration 
     levels ranging from 4 parts per billion to millions of parts 
     per billion;
       (D) the Government Accountability Office has determined 
     that the Environmental Protection Agency does not centrally 
     track or monitor perchlorate detections or the status of 
     perchlorate cleanup, so a greater number of contaminated 
     sites may already exist;
       (E) according to the Government Accountability Office, 
     limited Environmental Protection Agency data show that 
     perchlorate has been found in 35 States and the District of 
     Columbia and is known to have contaminated 153 public water 
     systems in 26 States;
       (F) those data are likely underestimates of total drinking 
     water exposure, as illustrated by the finding of the 
     California Department of Health Services that perchlorate 
     contamination sites have affected approximately 276 drinking 
     water sources and 77 drinking water systems in the State of 
     California alone;
       (G) Food and Drug Administration scientists and other 
     scientific researchers have detected perchlorate in the 
     United States food supply, including in lettuce, milk, 
     cucumbers, tomatoes, carrots, cantaloupe, wheat, and spinach, 
     and in human breast milk;
       (H)(i) perchlorate can harm human health, especially in 
     pregnant women and children, by interfering with uptake of 
     iodide by the thyroid gland, which is necessary to produce 
     important hormones that help control human health and 
     development;
       (ii) in adults, the thyroid helps to regulate metabolism;
       (iii) in children, the thyroid helps to ensure proper 
     mental and physical development; and
       (iv) impairment of thyroid function in expectant mothers or 
     infants may result in effects including delayed development 
     and decreased learning capability;
       (I)(i) in October 2006, researchers from the Centers for 
     Disease Control and Prevention published the largest, most 
     comprehensive study to date on the effects of low levels of 
     perchlorate exposure in women, finding that--
       (I) significant changes existed in thyroid hormones in 
     women with low iodine levels who were exposed to perchlorate; 
     and
       (II) even low-level perchlorate exposure may affect the 
     production of hormones by the thyroid in iodine-deficient 
     women; and
       (ii) in the United States, about 36 percent of women have 
     iodine levels equivalent to or below the levels of the women 
     in the study described in clause (i);
       (J) the Environmental Protection Agency has not established 
     a health advisory or national primary drinking water 
     regulation for perchlorate, but instead established a 
     ``Drinking Water Equivalent Level'' of 24.5 parts per billion 
     for perchlorate, which--
       (i) does not take into consideration all routes of exposure 
     to perchlorate;
       (ii) has been criticized by experts as failing to 
     sufficiently consider the body weight, unique exposure, and 
     vulnerabilities of certain pregnant women and fetuses, 
     infants, and children; and
       (iii) is based primarily on a small study and does not take 
     into account new, larger studies of the Centers for Disease 
     Control and Prevention or other data indicating potential 
     effects at lower perchlorate levels than previously found;
       (K) on August 22, 2005 (70 Fed. Reg. 49094), the 
     Administrator proposed to extend the requirement that 
     perchlorate be monitored in drinking water under the final 
     rule entitled ``Unregulated Contaminant Monitoring Regulation 
     (UCMR) for Public Water Systems Revisions'' promulgated 
     pursuant to section 1445(a)(2) of the Safe Drinking Water Act 
     (42 U.S.C. 300j-4(a)(2)); and
       (L) on December 20, 2006, the Administrator signed a final 
     rule removing perchlorate from the list of contaminants for 
     which monitoring is required under the final rule entitled 
     ``Unregulated Contaminant Monitoring Regulation (UCMR) for 
     Public Water Systems Revisions'' (72 Fed. Reg. 368 (January 
     4, 2007)).
       (2) Purpose.--The purpose of this section is to require the 
     Administrator of the Environmental Protection Agency--
       (A) to establish, not later than 90 days after the date of 
     enactment of this Act, a health advisory that--
       (i) is fully protective of, and considers, the body weight 
     and exposure patterns of pregnant women, fetuses, newborns, 
     and children;
       (ii) provides an adequate margin of safety; and
       (iii) takes into account all routes of exposure to 
     perchlorate;
       (B) to promulgate, not later than 120 days after the date 
     of enactment of this Act, a final regulation requiring 
     monitoring for perchlorate in drinking water; and
       (C) to ensure the right of the public to know about 
     perchlorate in drinking water by

[[Page 3186]]

     requiring that consumer confidence reports disclose the 
     presence and potential health effects of perchlorate in 
     drinking water.
       (b) Monitoring and Health Advisory for Perchlorate.--
     Section 1412(b)(12) of the Safe Drinking Water Act (42 U.S.C. 
     300g-1(b)(12)) is amended by adding at the end the following:
       ``(C) Perchlorate.--
       ``(i) Health advisory.--Not later than 90 days after the 
     date of enactment of this subparagraph, the Administrator 
     shall publish a health advisory for perchlorate that fully 
     protects, with an adequate margin of safety, the health of 
     vulnerable persons (including pregnant women, fetuses, 
     newborns, and children), considering body weight and exposure 
     patterns and all routes of exposure.
       ``(ii) Monitoring regulations.--

       ``(I) In general.--The Administrator shall propose (not 
     later than 60 days after the date of enactment of this 
     subparagraph) and promulgate (not later than 120 days after 
     the date of enactment of this subparagraph) a final 
     regulation requiring--

       ``(aa) each public water system serving more than 10,000 
     individuals to monitor for perchlorate beginning not later 
     than October 31, 2008; and
       ``(bb) the collection of a representative sample of public 
     water systems serving 10,000 individuals or fewer to monitor 
     for perchlorate in accordance with section 1445(a)(2).

       ``(II) Duration.--The regulation shall be in effect unless 
     and until monitoring for perchlorate is required under a 
     national primary drinking water regulation for perchlorate.

       ``(iii) Consumer confidence reports.--Each consumer 
     confidence report issued under section 1414(c)(4) shall 
     disclose the presence of any perchlorate in drinking water, 
     and the potential health risks of exposure to perchlorate in 
     drinking water, consistent with guidance issued by the 
     Administrator.''.
                                 ______
                                 
  SA 4127. Mrs. BOXER (for herself and Mr. Kennedy) 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 103, after line 12, add the following:

     SEC. 40. BAN ON MICROWAVE POPCORN THAT CONTAINS 
                   INTENTIONALLY-ADDED DIACETYL.

       Notwithstanding any other provision of law, effective 
     January 1, 2009, microwave popcorn that contains 
     intentionally-added diacetyl shall be treated as banned under 
     such Act (15 U.S.C. 1261 et seq.) as if such microwave 
     popcorn were described by section 2(q)(1) of such Act (15 
     U.S.C. 1261(q)(1)), and the prohibitions contained in section 
     4 of such Act (15 U.S.C. 1263) shall apply to such microwave 
     popcorn.
                                 ______
                                 
  SA 4128. 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 program, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 68, strike lines 4 through 16, and insert the 
     following:
       (1) Inaccessible components.--
       (A) In general.--Subsection (a) does not apply to a 
     component of a children's product that is not accessible to a 
     child because it is not physically exposed by reason of a 
     sealed covering or casing and will not become physically 
     exposed through normal and reasonably foreseeable use and 
     abuse of the product.
       (B) Inaccessibility proceeding.--Within 2 years 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 of subparagraph (A) for considering a component 
     to be inaccessible to a child.
       (D) Certain barriers disqualified.--For purposes of this 
     paragraph, paint, coatings, or electroplating may not be 
     considered to be a barrier that would render lead in the 
     substrate inaccessible to a child through normal and 
     reasonably foreseeable use and abuse of the product.

                                 ______
                                 
  SA 4129. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill S. 2663, to reform the Consumer Product Safety 
Commission to provide greater protection for children's products, to 
improve the screening of noncompliant consumer products, to improve the 
effectiveness of consumer product recall programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Section 17(15 U.S.C. 2066) is amended by adding at the end 
     thereof the following:
       ``(i) The Commission may--
       ``(A) designate as a repeat offender, after notice and 
     opportunity for a hearing, any country found by the 
     Commission to have contributed on multiple occasions in the 
     preceding twelve months to the importation of a consumer 
     product in violation of subsection (a) (disregarding de 
     minimus violations thereof) by the intentional, knowing, or 
     reckless failure of its national or local government 
     officials to enforce its own health or safety laws, 
     regulations, or mandatory standards; and
       ``(B) refer any such country to United States Customs and 
     Border Protection with a recommendation that all or any 
     subset specified by the Commission of that country's consumer 
     product imports be temporarily denied entry for a period of 
     up to six months to allow U.S. inspections and corrective 
     action by the designated country to be undertaken.
       ``(2) The United States Customs and Border Protection shall 
     for the specified period deny entry to the specified consumer 
     product imports of any country referred to it under paragraph 
     (1)(B).
       ``(3) The Commission may renew any referral under paragraph 
     (1)(B), and any renewal of any referral made under this 
     paragraph, if it determines, after notice and opportunity for 
     hearing, that the designated country has yet to take 
     appropriate corrective action to enforce its own health or 
     safety laws, regulations, or mandatory standards.
       ``(4) To ensure compliance with international trade 
     obligations, the Commission shall not make a referral under 
     paragraph (1)(B) or a renewal of a referral under paragraph 
     (3) with respect to a country whose products the United 
     States has agreed to extend national treatment if it finds 
     that the United States, by the intentional, knowing, or 
     reckless failure of its national or local government 
     officials to enforce its own health or safety laws, 
     regulations, or mandatory standards, has on multiple 
     occasions in the preceding twelve months contributed to the 
     sale, offer for sale, manufacture for sale or distribution in 
     commerce of a consumer product that, had it been imported, 
     would have been refused admission under subsection (a) 
     (disregarding de minimus violations thereof).''
                                 ______
                                 
  SA 4130. Mr. NELSON of Florida (for himself and Ms. Klobuchar) 
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, strike line 15 and insert the following:

     SEC. 34. CONSUMER PRODUCT REGISTRATION FORMS AND STANDARDS 
                   FOR DURABLE INFANT OR TODDLER PRODUCTS.

       (a) Short Title.--This section may be cited as the ``Danny 
     Keysar Child Product Safety Notification Act''.
       (b) Safety Standards.--
       (1) In general.--The Commission shall--
       (A) in consultation with representatives of consumer 
     groups, juvenile product manufacturers, and independent child 
     product engineers and experts, examine and assess the 
     effectiveness of any voluntary consumer product safety 
     standards for durable infant or toddler product; and
       (B) in accordance with section 553 of title 5, United 
     States Code, promulgate consumer product safety rules that--
       (i) are substantially the same as such voluntary standards; 
     or
       (ii) are more stringent than such voluntary standards, if 
     the Commission determines that more stringent standards would 
     further reduce the risk of injury associated with such 
     products.
       (2) Timetable for rulemaking.--Not later than 1 year after 
     the date of the enactment of this Act, the Commission shall 
     commence the rulemaking required under paragraph (1) and 
     shall promulgate rules for no fewer than 2 categories of 
     durable 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 rules set forth under this subsection to ensure 
     that such rules provide the highest level of safety for such 
     products that is feasible.

[[Page 3187]]


                                 ______
                                 
  SA 4131. Mr. BROWN 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 70, strike lines 2 through 12 and insert the 
     following:
       (a) Establishment of Units-of-Mass-Per-Area Standard.--The 
     Consumer Product Safety Commission, in cooperation with the 
     National Academy of Sciences and the National Institute of 
     Standards and Technology, shall study the feasibility of 
     establishing a measurement standard based on a units-of-mass-
     per-area standard (similar to existing measurement standards 
     used by the Department of Housing and Urban Development and 
     the Environmental Protection Agency to measure for metals in 
     household paint and soil, respectively) that is statistically 
     comparable to the parts-per-million measurement standard 
     currently used in laboratory analysis.
       (b) Report on Coordination With Environmental Protection 
     Agency on Safety Standards and Enforcement.--The Consumer 
     Product Safety Commission, in cooperation with the 
     Environmental Protection Agency, shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives a report--
       (1) comparing the safety standards employed by the 
     Commission with respect to lead in children's products and 
     the environmental standards employed by the Environmental 
     Protection Agency with respect to lead under the Toxic 
     Substances Control Act (15 U.S.C. 2601 et seq.); and
       (2) making recommendations for--
       (A) modifying such standards to make them more consistent 
     and to facilitate interagency coordination; and
       (B) coordinating enforcement actions of the Commission and 
     the Environmental Protection Agency with respect to 
     children's products containing lead, including toy jewelry 
     items.
                                 ______
                                 
  SA 4132. Mr. BROWN (for himself and Mr. Casey) submitted an amendment 
intended to be proposed by him to the bill S. 2663, to reform the 
Consumer Product Safety Commission to provide greater protection for 
children's products, to improve the screening of noncompliant consumer 
products, to improve the effectiveness of consumer product recall 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 40. TEMPORARY REFUSAL OF ADMISSION INTO CUSTOMS 
                   TERRITORY OF THE UNITED STATES OF CONSUMER 
                   PRODUCTS MANUFACTURED BY COMPANIES THAT HAVE 
                   VIOLATED CONSUMER PRODUCT SAFETY RULES.

       (a) In General.--Section 17 (15 U.S.C. 2066), as amended by 
     section 38(e) of this Act, is amended by adding at the end 
     the following:
       ``(j) Temporary Refusal of Admission.--
       ``(1) In general.--A consumer product offered for 
     importation into the customs territory of the United States 
     (as defined in general note 2 of the Harmonized Tariff 
     Schedule of the United States) may be refused admission into 
     such customs territory until the Commission makes a 
     determination of admissibility under paragraph (2)(A) with 
     respect to such product if--
       ``(A) such product is manufactured by a manufacturer that 
     has, in the previous 18 months--
       ``(i) violated a consumer product safety rule; or
       ``(ii) manufactured a product that has been the subject of 
     an order under section 15(d); or
       ``(B) is offered for importation into such customs 
     territory by a manufacturer, distributor, shipper, or 
     retailer that has, in the previous 18 months--
       ``(i) offered for importation into such customs territory a 
     product that was refused under subsection (a) with respect to 
     any of paragraphs (1) through (4); or
       ``(ii) imported into such customs territory a product that 
     has been the subject of an order under section 15(d).
       ``(2) Determination of admissibility.--
       ``(A) In general.--The Commission makes a determination of 
     admissibility under this subparagraph with respect to a 
     consumer product that has been refused under paragraph (1) if 
     the Commission finds that the consumer product is in 
     compliance with all applicable consumer product safety rules.
       ``(B) Request for determination of admissibility.--
       ``(i) In general.--An interested party may submit a request 
     to the Commission for a determination of admissibility under 
     subparagraph (A) with respect to a consumer product that has 
     been refused under paragraph (1).
       ``(ii) Supporting evidence.--A request submitted under 
     clause (i) shall be accompanied by evidence that the consumer 
     product is in compliance with all applicable consumer product 
     safety rules.
       ``(iii) Actions.--Not later than 90 days after submission 
     of a request under clause (i) with respect to a consumer 
     product, the Commission shall take action on such request. 
     Such action may include--

       ``(I) making a determination of admissibility under 
     subparagraph (A) with respect to such consumer product; or
       ``(II) requesting information from the manufacturer, 
     distributor, shipper, or retailer of such consumer product.

       ``(iv) Failure to act.--If the Commission does not take 
     action on a request under clause (iii) with respect to a 
     consumer product on or before the date that is 90 days after 
     the date of the submission of such request under clause (i), 
     a determination of admissibility under subparagraph (A) with 
     respect to such consumer product shall be deemed to have been 
     made by the Commission on the 91st day after the date of such 
     submission.
       ``(3) Compliance with trade agreements.--The Commission 
     shall ensure that a refusal to admit into the customs 
     territory of the United States a consumer product under this 
     subsection is done in a manner consistent with bilateral, 
     regional, and multilateral trade agreements and the rights 
     and obligations of the United States.''.
       (b) Rulemaking.--
       (1) Notice.--Not later than 90 days after the date of the 
     enactment of this Act, the Consumer Product Safety Commission 
     shall issue a notice of proposed rulemaking with respect to 
     the regulations required by paragraph (2).
       (2) Regulations.--Not later than 120 days after the date of 
     the publication of notice under paragraph (1), the Consumer 
     Product Safety Commission shall prescribe regulations to 
     carry out the provisions of the amendment made by subsection 
     (a).
       (c) Consultation With Secretary of Homeland Security.--The 
     Consumer Product Safety Commission shall consult with the 
     Secretary of Homeland Security in carrying out the provisions 
     of this section and the amendment made by subsection (a).
                                 ______
                                 
  SA 4133. Ms. SNOWE 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 49, strike lines 8 through 15 and insert the 
     following:

     establish additional criteria for the imposition of civil 
     penalties under section 20 of the Consumer Product Safety Act 
     (15 U.S.C. 2069) and any other Act enforced by the 
     Commission, including factors to be considered in 
     establishing the amount of such penalties, such as repeat 
     violations, the precedential value of prior adjudicated 
     penalties, the factors described in section 20(b) of the 
     Consumer Product Safety Act (15 U.S.C. 2069(b)), and other 
     circumstances (including how to mitigate undue adverse 
     economic impacts on small businesses, consistent with 
     principles and processes required under chapter 6 of title 5, 
     United States Code).

                          ____________________