[House Report 110-787]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-787
======================================================================
CONSUMER PRODUCT SAFETY MODERNIZATION ACT
_______
July 29, 2008.--Ordered to be printed
_______
Mr. Dingell, from the Committee of Conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 4040]
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 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 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
Web site 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.--
``(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;
(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.
``(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
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
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 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.--
(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'';
(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.--
``(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 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--
(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--
``(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
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:
``(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 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 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
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
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 to 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.
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 F1163 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.