[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4040 Engrossed in House (EH)]
110th CONGRESS
1st Session
H. R. 4040
_______________________________________________________________________
AN ACT
To establish consumer product safety standards and other safety
requirements for children's products and to reauthorize and modernize
the Consumer Product Safety Commission.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Consumer Product
Safety Modernization Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. Authority to issue implementing regulations.
TITLE I--CHILDREN'S PRODUCT SAFETY
Sec. 101. Ban on children's products containing lead; lead paint rule.
Sec. 102. Mandatory third-party testing for certain children's
products.
Sec. 103. Tracking labels for children's products.
Sec. 104. Standards and consumer registration of durable nursery
products.
Sec. 105. Labeling requirement for certain internet and catalogue
advertising of toys and games.
Sec. 106. Study of preventable injuries and deaths in minority children
related to consumer products.
Sec. 107. Review of generally-applicable standards for toys.
TITLE II--CONSUMER PRODUCT SAFETY COMMISSION REFORM
Sec. 201. Reauthorization of the Commission.
Sec. 202. Structure and quorum.
Sec. 203. Submission of copy of certain documents to Congress.
Sec. 204. Expedited rulemaking.
Sec. 205. Public disclosure of information.
Sec. 206. Publicly available information on incidents involving injury
or death.
Sec. 207. Prohibition on stockpiling under other Commission-enforced
statutes.
Sec. 208. Notification of noncompliance with any Commission-enforced
statute.
Sec. 209. Enhanced recall authority and corrective action plans.
Sec. 210. Website notice, notice to third party internet sellers, and
radio and television notice.
Sec. 211. Inspection of certified proprietary laboratories.
Sec. 212. Identification of manufacturer, importers, retailers, and
distributors.
Sec. 213. Export of recalled and non-conforming products.
Sec. 214. Prohibition on sale of recalled products.
Sec. 215. Increased civil penalty.
Sec. 216. Criminal penalties to include asset forfeiture.
Sec. 217. Enforcement by State attorneys general.
Sec. 218. Effect of rules on preemption.
Sec. 219. Sharing of information with Federal, State, local, and
foreign government agencies.
Sec. 220. Inspector General authority and accessibility.
Sec. 221. Repeal.
Sec. 222. Industry-sponsored travel ban.
Sec. 223. Annual reporting requirement.
Sec. 224. Study on the effectiveness of authority relating to imported
products.
SEC. 2. REFERENCES.
(a) Commission.--As used in this Act, the term ``Commission'' means
the Consumer Product Safety Commission.
(b) Consumer Product Safety Act.--Except as otherwise expressly
provided, whenever in this Act an amendment is expressed as an
amendment to a section or other provision, the reference shall be
considered to be made to a section or other provision of the Consumer
Product Safety Act (15 U.S.C. 2051 et seq.).
(c) Rule.--In this Act and the amendments made by this Act, a
reference to any rule under any Act enforced by the Commission shall be
considered a reference to any rule, standard, ban, or order under any
such Act.
SEC. 3. AUTHORITY TO ISSUE IMPLEMENTING REGULATIONS.
The Commission may issue regulations, as necessary, to implement
this Act and the amendments made by this Act.
TITLE I--CHILDREN'S PRODUCT SAFETY
SEC. 101. BAN ON CHILDREN'S PRODUCTS CONTAINING LEAD; LEAD PAINT RULE.
(a) Children's Products Containing Lead.--
(1) Banned hazardous substance.--Effective 180 days after
the date of enactment of this Act, any children's product
containing more than the amounts of lead set forth in paragraph
(2) shall be a banned hazardous substance within the meaning of
section 2(q)(1) of the Federal Hazardous Substances Act (15
U.S.C. 1261(q)(1)).
(2) Standard for amount of lead.--The amounts of lead
referred to in paragraph (1) shall be--
(A) 600 parts per million total lead content by
weight for any part of the product;
(B) 300 parts per million total lead content by
weight for any part of the product, effective 2 years
after the date of enactment of this Act; and
(C) 100 parts per million total lead content by
weight for any part of the product, effective 4 years
after the date of enactment of this Act, unless the
Commission determines, after notice and a hearing, that
a standard of 100 parts per million is not feasible, in
which case the Commission shall require the lowest
amount of lead that the Commission determines is
feasible to achieve.
(3) Commission revision to more protective standard.--
(A) More protective standard.--The Commission may,
by rule, revise the standard set forth in paragraph
(2)(C) for any class of children's products to any
level and form that the Commission determines is--
(i) more protective of human health; and
(ii) feasible to achieve.
(B) Periodic review.--The Commission shall, based
on the best available scientific and technical
information, periodically review and revise the
standard set forth in this section to require the
lowest amount of lead that the Commission determines is
feasible to achieve.
(4) Commission authority to exclude certain materials.--The
Commission may, by rule, exclude certain products and materials
from the prohibition in paragraph (1) if the Commission
determines that the lead content in such products and materials
will not result in the absorption of lead in the human body or
does not have any adverse impact on public health or safety.
(5) Definition of children's product.--
(A) In general.--As used in this subsection, the
term ``children's product'' means a consumer product as
defined in section 3(1) of the Consumer Product Safety
Act (15 U.S.C. 2052(1)) designed or intended primarily
for children 12 years of age or younger.
(B) Factors to be considered.--In determining
whether a product is primarily intended for a child 12
years of age or younger, the following factors shall be
considered:
(i) A statement by a manufacturer about the
intended use of such product, including a label
on such product if such statement is
reasonable.
(ii) Whether the product is represented in
its packaging, display or advertising as
appropriate for use by children 12 years of age
or younger.
(iii) Whether the product is commonly
recognized by consumers as being intended for
use by child 12 years of age or younger.
(iv) The Age Determination Guidelines
issued by the Commission staff in September
2002, and any successor thereto.
(6) Exception for inaccessible component parts.--The
standards established under paragraph (2) shall not apply to
any component part of a children's product that is not
accessible to a child through normal and reasonably foreseeable
use and abuse of such product, as determined by the Commission.
A component part is not accessible under this paragraph if such
component part is not physically exposed by reason of a sealed
covering or casing and does not become physically exposed
through reasonably foreseeable use and abuse of the product.
The Commission may require that certain electronic devices be
equipped with a child-resistant cover or casing that prevents
exposure of and accessibility to the parts of the product
containing lead if the Commission determines that it is not
feasible for such products to otherwise meet such standards.
(b) Paint Standard.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission shall modify section
1303.1 of title 16, Code of Federal Regulations, to--
(A) reduce the standard applicable to lead paint by
substituting ``0.009 percent'' for ``0.06 percent'' in
subsection (a) of that section;
(B) apply the standard to all children's products
as defined in subsection (a)(5); and
(C) reduce the standard for paint and other surface
coating on children's products and furniture to 0.009
milligrams per centimeter squared.
(2) More protective standard.--Not later than 3 years after
the date of enactment of this Act, the Commission shall, by
rule, revise the standard established under paragraph (1)(C) to
a more protective standard if the Commission determines such a
standard to be feasible.
(c) Authority to Extend Implementation Periods.--The Commission may
extend, by rule, the effective dates in subsections (a) and (b) by an
additional period not to exceed 180 days if the Commission determines
that--
(1) there is no impact on public health or safety from
extending the implementation period; and
(2)(A) the complete implementation of the new standards by
manufacturers subject to such standards is not feasible within
180 days;
(B) the cost of such implementation, particularly on small
and medium sized enterprises, is excessive; or
(C) the Commission requires additional time to implement
such standards and determine the required testing methodologies
and appropriate exceptions in order to enforce such standards.
SEC. 102. MANDATORY THIRD-PARTY TESTING FOR CERTAIN CHILDREN'S
PRODUCTS.
(a) Mandatory and Third-Party Testing.--Section 14(a) (15 U.S.C.
2063(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``Every manufacturer'' and
inserting ``Except as provided in paragraph (2), every
manufacturer''; and
(B) by striking ``standard under this Act'' and
inserting ``rule under this Act or similar rule under
any other Act enforced by the Commission'';
(2) by redesignating paragraph (2) as paragraph (3) and
inserting after paragraph (1) the following:
``(2) Effective 1 year after the date of enactment of the
Consumer Product Safety Modernization Act, every manufacturer
of a children's product (and the private labeler of such
children's product if such product bears a private label) which
is subject to a consumer product safety rule under this Act or
a similar rule or standard under any other Act enforced by the
Commission, shall--
``(A) have the product tested by a independent
third party qualified to perform such tests or a
proprietary laboratory certified by the Commission
under subsection (e) ; and
``(B) issue a certificate which shall--
``(i) certify that such product conforms to
such standards or rules; and
``(ii) specify the applicable consumer
product safety standards or other similar
rules.''; and
(3) in paragraph (3) (as so redesignated)--
(A) by striking ``required by paragraph (1) of this
subsection'' and inserting ``required by paragraph (1)
or (2) (as the case may be)''; and
(B) by striking ``requirement under paragraph (1)''
and inserting ``requirement under paragraph (1) or (2)
(as the case may be)''.
(b) Definition of Children's Products and Independent Third
Party.--Section 14 (15 U.S.C. 2063) is amended by adding at the end the
following:
``(d) Definitions.--In this section, the following definitions
apply:
``(1) The term `children's product' means a consumer
product designed or intended primarily for children 12 years of
age or younger. In determining whether a product is primarily
intended for a child 12 years of age or younger, the following
factors shall be considered:
``(A) A statement by a manufacturer about the
intended use of such product, including a label on such
product if such statement is reasonable.
``(B) Whether the product is represented in its
packaging, display or advertising as appropriate for
use by children 12 years of age or younger.
``(C) Whether the product is commonly recognized by
consumers as being intended for use by child 12 years
of age or younger.
``(D) The Age Determination Guidelines issued by
the Commission staff in September 2002, and any
successor thereto.
``(2) The term `independent third party', means an
independent testing entity that is not owned, managed,
controlled, or directed by such manufacturer or private
labeler, and that is accredited in accordance with an
accreditation process established or recognized by the
Commission. In the case of certification of art material or art
material products required under this section or under
regulations issued under the Federal Hazardous Substances Act,
such term includes a certifying organization, as such term is
defined in appendix A to section 1500.14(b)(8) of title 16,
Code of Federal Regulations.''.
(c) Certification of Proprietary Laboratories.--Section 14 (15
U.S.C. 2063) is further amended by adding at the end the following:
``(e) Certification of Proprietary Laboratories for Mandatory
Testing.--
``(1) Certification.--Upon request, the Commission, or an
independent standard-setting organization to which the
Commission has delegated such authority, may certify a
laboratory that is owned, managed, controlled, or directed by
the manufacturer or private labeler for purposes of testing
required under this section if the Commission determines that--
``(A) certification of the laboratory would provide
equal or greater consumer safety protection than the
manufacturer's use of an independent third party
laboratory;
``(B) the laboratory has established procedures to
ensure that the laboratory is protected from undue
influence, including pressure to modify or hide test
results, by the manufacturer or private labeler; and
``(C) the laboratory has established procedures for
confidential reporting of allegations of undue
influence to the Commission.
``(2) Decertification.--The Commission, or an independent
standard-setting organization to which the Commission has
delegated such authority, may decertify any laboratory
certified under paragraph (1) if the Commission finds, after
notice and investigation, that a manufacturer or private
labeler has exerted undue influence on the laboratory.''.
(d) Conforming Amendments.--Section 14(b) (15 U.S.C. 2063(b)) is
amended--
(1) by striking ``standards under this Act'' and inserting
``rules under this Act or similar rules under any other Act
enforced by the Commission''; and
(2) by striking ``, at the option of the person required to
certify the product,'' and inserting ``be required by the
Commission to''.
SEC. 103. TRACKING LABELS FOR CHILDREN'S PRODUCTS.
Section 14(a) (15 U.S.C. 2063(a)) is further amended by adding at
the end the following:
``(4) Effective 1 year after the date of enactment of the
Consumer Product Safety Modernization Act, the manufacturer of
a children's product shall, to the extent feasible, place
distinguishing marks on the product and its packaging that will
enable the manufacturer and the ultimate purchaser to ascertain
the location and date of production of the product, and any
other information determined by the manufacturer to facilitate
ascertaining the specific source of the product by reference to
those marks.''.
SEC. 104. STANDARDS AND CONSUMER REGISTRATION OF DURABLE NURSERY
PRODUCTS.
(a) Short Title.--This section may be cited as the ``Danny Keysar
Child Product Safety Notification Act''.
(b) Safety Standards.--
(1) In general.--The Commission shall--
(A) in consultation with representatives of
consumer groups, juvenile product manufacturers, and
independent child product engineers and experts,
examine and assess the effectiveness of any voluntary
consumer product safety standards for durable infant or
toddler product; and
(B) in accordance with section 553 of title 5,
United States Code, promulgate consumer product safety
rules that--
(i) are substantially the same as such
voluntary standards; or
(ii) are more stringent than such voluntary
standards, if the Commission determines that
more stringent standards would further reduce
the risk of injury associated with such
products.
(2) Timetable for rulemaking.--Not later than 1 year after
the date of enactment of this Act, the Commission shall
commence the rulemaking required under paragraph (1) and shall
promulgate rules for no fewer than 2 categories of durable
nursery products every 6 months thereafter, beginning with the
product categories that the Commission determines to be of
highest priority, until the Commission has promulgated
standards for all such product categories. Thereafter, the
Commission shall periodically review and revise the rules set
forth under this subsection to ensure that such rules provide
the highest level of safety for such products that is feasible.
(c) Consumer Registration Requirement.--
(1) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Commission shall, pursuant to its
authority under section 16(b) of the Consumer Product Safety
Act (15 U.S.C. 2065(b)), promulgate a final consumer product
safety rule to require manufacturers of durable infant or
toddler products--
(A) to provide consumers with a postage-paid
consumer registration form with each such product;
(B) to maintain a record of the names, addresses,
email addresses, and other contact information of
consumers who register their ownership of such products
with the manufacturer in order to improve the
effectiveness of manufacturer campaigns to recall such
products; and
(C) to permanently place the manufacturer name and
contact information, model name and number, and the
date of manufacture on each durable infant or toddler
product.
(2) Requirements for registration form.--The registration
form required to be provided to consumers under subsection (a)
shall--
(A) include spaces for a consumer to provide their
name, address, telephone number, and email address;
(B) include space sufficiently large to permit
easy, legible recording of all desired information;
(C) be attached to the surface of each durable
infant or toddler product so that, as a practical
matter, the consumer must notice and handle the form
after purchasing the product;
(D) include the manufacturer's name, model name and
number for the product, and the date of manufacture;
(E) include a message explaining the purpose of the
registration and designed to encourage consumers to
complete the registration;
(F) include an option for consumers to register
through the Internet; and
(G) include a statement that information provided
by the consumer shall not be used for any purpose other
than to facilitate a recall of or safety alert
regarding that product.
In issuing regulations under this section, the Commission may
prescribe the exact text and format of the required
registration form.
(3) Record keeping and notification requirements.--The
standard required under this section shall require each
manufacturer of a durable infant or toddler product to maintain
a record of registrants for each product manufactured that
includes all of the information provided by each consumer
registered, and to use such information to notify such
consumers in the event of a voluntary or involuntary recall of
or safety alert regarding such product. Each manufacturer shall
maintain such a record for a period of not less than 6 years
after the date of manufacture of the product. Consumer
information collected by a manufacturer under this Act may not
be used by the manufacturer, nor disseminated by such
manufacturer to any other party, for any purpose other than
notification to such consumer in the event of a product recall
or safety alert.
(4) Study.--The Commission shall conduct a study at such
time as it considers appropriate on the effectiveness of the
consumer registration forms in facilitating product recalls and
whether such registration forms should be required for other
children's products. Not later than 4 years after the date of
enactment of this Act, the Commission shall report its findings
to Congress.
(d) Definition of Durable Infant or Toddler Product.--As used in
this section, the term ``durable infant or toddler product''--
(1) means a durable product intended for use, or that may
be reasonably expected to be used, by children under the age of
5 years; and
(2) shall include--
(A) full-size cribs and nonfull-size cribs;
(B) toddler beds;
(C) high chairs, booster chairs, and hook-on
chairs;
(D) bath seats;
(E) gates and other enclosures for confining a
child;
(F) play yards;
(G) stationary activity centers;
(H) infant carriers;
(I) strollers;
(J) walkers;
(K) swings; and
(L) bassinets and cradles.
SEC. 105. LABELING REQUIREMENT FOR CERTAIN INTERNET AND CATALOGUE
ADVERTISING OF TOYS AND GAMES.
Section 24 of the Federal Hazardous Substances Act (15 U.S.C. 1278)
is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(2) by inserting after subsection (b) the following:
``(c) Internet, Catalogue, and Other Advertising.--
``(1) Requirement.--Effective 180 days after the Consumer
Product Safety Modernization Act, any advertisement of a
retailer, manufacturer, importer, distributor, private labeler,
or licensor that provides a direct means for the purchase or
ordering of any toy, game, balloon, small ball, or marble that
requires a cautionary statement under subsections (a) and (b),
including advertisement on Internet websites or in catalogues
or other distributed materials, shall include the appropriate
cautionary statement required under such subsections in its
entirety displayed on or immediately adjacent to such
advertisement. Such cautionary statement shall be displayed in
the language that is primarily used in the advertisement,
catalogue, or Internet website, and in a clear and conspicuous
manner consistent with part 1500 of title 16, Code of Federal
Regulations (or a successor regulation thereto).
``(2) Enforcement.--The requirement in paragraph (1) shall
be treated as a consumer product safety rule promulgated under
section 7 of the Consumer Product Safety Act (15 U.S.C. 2056)
and the publication or distribution of any advertisement that
is not in compliance with the requirements of paragraph (1)
shall be treated as a prohibited act under section 19 of such
Act (15 U.S.C. 2068).
``(3) Rulemaking.--Not later than 180 days after the date
of enactment of Consumer Product Safety Modernization Act, the
Commission shall, by rule, modify the requirement under
paragraph (1) with regard to catalogues or other printed
materials concerning the size and placement of the cautionary
statement required under such paragraph as appropriate relative
to the size and placement of the advertisements in such printed
materials. The Commission may, under such rule, provide a grace
period for catalogues and printed materials printed prior to
the effective date in paragraph (1) during which time
distribution of such printed materials shall not be considered
a violation of such paragraph.''.
SEC. 106. STUDY OF PREVENTABLE INJURIES AND DEATHS IN MINORITY CHILDREN
RELATED TO CONSUMER PRODUCTS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Comptroller General shall initiate a study
to assess disparities in the risks and incidence of preventable
injuries and deaths among children of minority populations, including
Black, Hispanic, American Indian, Alaskan native, and Asian/Pacific
Islander children in the United States. The Comptroller General shall
consult with the Commission as necessary.
(b) Requirements.--The study shall examine the racial disparities
of the rates of preventable injuries and deaths related to suffocation,
poisonings, and drownings associated with the use of cribs, mattresses
and bedding materials, swimming pools and spas, and toys and other
products intended for use by children.
(c)) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall report the findings to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate.
The report shall include--
(1) the Comptroller General's findings on the incidence of
preventable risks of injuries and deaths among children of
minority populations and recommendations for minimizing such
risks;
(2) recommendations for public outreach, awareness, and
prevention campaigns specifically aimed at racial minority
populations; and
(3) recommendations for education initiatives that may
reduce statistical disparities.
SEC. 107. REVIEW OF GENERALLY-APPLICABLE STANDARDS FOR TOYS.
(a) Assessment.--The Commission shall examine and assess the
effectiveness of the safety standard for toys, ASTM-International
standard F963-07, or its successor standard, to determine--
(1) the scope of such standards, including the number and
type of toys to which such standards apply;
(2) the degree of adherence to such standards on the part
of manufacturers; and
(3) the adequacy of such standards in protecting children
from safety hazards.
(b) Special Focus on Magnets.--In conducting the assessment
required under subsection (a), the Commission shall first examine the
effectiveness of the F963-07 standard as it relates to intestinal
blockage and perforation hazards caused by ingestion of magnets. If the
Commission determines based on the review that there is substantial
noncompliance with such standard that creates an unreasonable risk of
injury or hazard to children, the Commission shall expedite a
rulemaking to consider the adoption, as a consumer product safety rule,
of the voluntary safety standards contained within the ASTM F963-07, or
its successor standard, that relate to intestinal blockage and
perforation hazards caused by ingestion of magnets.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Commission shall report to Congress the findings of the
study conducted pursuant to subsection (a). Such report shall include
the Commission's opinion regarding--
(1) the feasibility of requiring manufacturer testing of
all toys to such standards; and
(2) whether promulgating consumer product safety rules that
are substantially similar or more stringent than the standards
described in such subsection would be beneficial to public
health and safety.
TITLE II--CONSUMER PRODUCT SAFETY COMMISSION REFORM
SEC. 201. REAUTHORIZATION OF THE COMMISSION.
(a) Authorization of Appropriations.--Subsections (a) and (b) of
section 32 (15 U.S.C. 2081) are amended to read as follows:
``(a) There are authorized to be appropriated to the Commission for
the purpose of carrying out the provisions of this Act and any other
provision of law the Commission is authorized or directed to carry
out--
``(1) $80,000,000 for fiscal year 2009;
``(2) $90,000,000 for fiscal year 2010; and
``(3) $100,000,000 for fiscal year 2011.
``(b) In addition to the amounts specified in subsection (a), there
are authorized to be appropriated $20,000,000 to the Commission for
fiscal years 2009 through 2011, for the purpose of renovation, repair,
reconstruction, re-equipping, and making other necessary capital
improvements to the Commission's research, development, and testing
facility (including bringing the facility into compliance with
applicable environmental, safety, and accessibility standards).''.
(b) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, the Commission shall transmit to Congress a
report of its plans to allocate the funding authorized by subsection
(a). Such report shall include--
(1) the number of full-time inspectors and other full-time
equivalents the Commission intends to employ;
(2) the plan of the Commission for risk assessment and
inspection of imported consumer products;
(3) an assessment of the feasibility of mandating bonds for
serious hazards and repeat offenders and Commission inspection
and certification of foreign third-party and proprietary
testing facilities; and
(4) the efforts of the Commission to reach and educate
retailers of second-hand products and informal sellers, such as
thrift shops and yard sales, concerning consumer product safety
standards and product recalls, especially those relating to
durable nursery products, in order to prevent the resale of any
products that have been recalled, including the development of
educational materials for distribution not later than 1 year
after the date of enactment of this Act.
SEC. 202. STRUCTURE AND QUORUM.
(a) Extension of Temporary Quorum.--Notwithstanding section 4(d) of
the Consumer Product Safety Act (15 U.S.C. 2053(d)), 2 members of the
Commission, if they are not affiliated with the same political party,
shall constitute a quorum for the transaction of business for the
period beginning on the date of enactment of this Act through--
(1) August 3, 2008, if the President nominates a person to
fill a vacancy on the Commission prior to such date; or
(2) the earlier of--
(A) 3 months after the date on which the President
nominates a person to fill a vacancy on the Commission
after such date; or
(B) February 3, 2009.
(b) Repeal of Limitation.--The first proviso in the account under
the heading ``Consumer Product Safety Commission, Salaries and
Expenses'' in title III of Public Law 102-389 (15 U.S.C. 2053 note)
shall cease to be in effect after fiscal year 2010.
SEC. 203. SUBMISSION OF COPY OF CERTAIN DOCUMENTS TO CONGRESS.
(a) In General.--Notwithstanding any rule, regulation, or order to
the contrary, the Commission shall comply with the requirements of
section 27(k) of the Consumer Product Safety Act (15 U.S.C. 2076) with
respect to budget recommendations, legislative recommendations,
testimony, and comments on legislation submitted by the Commission to
the President or the Office of Management and Budget after the date of
enactment of this Act.
(b) Reinstatement of Requirement.--Section 3003(d) of Public Law
104-66 (31 U.S.C. 1113 note) is amended--
(1) by striking ``or'' after the semicolon in paragraph
(31);
(2) by redesignating paragraph (32) as (33); and
(3) by inserting after paragraph (31) the following:
``(32) section 27(k) of the Consumer Product Safety Act (15
U.S.C. 2076(k)); or''.
SEC. 204. EXPEDITED RULEMAKING.
(a) Rulemaking Under the Consumer Product Safety Act.--
(1) Advance notice of proposed rulemaking requirement.--
Section 9 (15 U.S.C. 2058) is amended--
(A) by striking ``shall be commenced'' in
subsection (a) and inserting ``may be commenced'';
(B) by striking ``in the notice'' in subsection (b)
and inserting ``in a notice'';
(C) by striking ``unless, not less than 60 days
after publication of the notice required in subsection
(a), the'' in subsection (c) and inserting ``unless
the'';
(D) by inserting ``or notice of proposed
rulemaking'' after ``advance notice of proposed
rulemaking'' in subsection (c); and
(E) by striking ``an advance notice of proposed
rulemaking under subsection (a) relating to the product
involved,'' in the third sentence of subsection (c) and
inserting ``the notice''.
(2) Conforming amendment.--Section 5(a)(3) (15 U.S.C.
2054(a)(3)) is amended by striking ``an advance notice of
proposed rulemaking or''.
(b) Rulemaking Under Federal Hazardous Substances Act.--
(1) In general.--Section 3(a)(1) of the Federal Hazardous
Substances Act (15 U.S.C. 1262(a)(1)) is amended to read as
follows:
``(1) Whenever in the judgment of the Commission such action will
promote the objectives of this Act by avoiding or resolving uncertainty
as to its application, the Commission may by regulation declare to be a
hazardous substance, for the purposes of this Act, any substance or
mixture of substances, which the Commission finds meets the
requirements section 2(f)(1)(A).''.
(2) Procedure.--
(A) Section 2(q)(2) of the Federal Hazardous
Substances Act (15 U.S.C. 1261(q)(2)) is amended by
striking ``Proceedings for the issuance, amendment, or
repeal of regulations pursuant to clause (B) of
subparagraph (1) of this paragraph shall be governed by
the provisions of sections 701(e), (f), and (g) of the
Federal Food, Drug, and Cosmetic Act: Provided, That
if'' and inserting ``Proceedings for the issuance,
amendment, or repeal of regulations pursuant to clause
(B) of subparagraph (1) of this paragraph shall be
governed by the provisions of subsections (f) through
(i) of section 3 of this Act, except that if''.
(B) Section 3(a)(2) of the Federal Hazardous
Substances Act (15 U.S.C. 1262(a)(2)) is amended to
read as follows:
``(2) Proceedings for the issuance, amendment, or repeal of
regulations under this subsection and the admissibility of the record
of such proceedings in other proceedings, shall be governed by the
provisions of subsections (f) through (i) of this section.''.
(3) Advance notice of proposed rulemaking requirement.--
Section 3 of the Federal Hazardous Substances Act (15 U.S.C.
1262) is amended--
(A) by striking ``shall be commenced'' in
subsection (f) and inserting ``may be commenced'';
(B) by striking ``in the notice'' in subsection
(g)(1) and inserting ``in a notice''; and
(C) by striking ``unless, not less than 60 days
after publication of the notice required in subsection
(f), the'' in subsection (h) and inserting ``unless
the''.
(4) Conforming amendments.--The Federal Hazardous
Substances Act (15 U.S.C. 1261 et seq.) is amended--
(A) by striking subsection (d) of section 2 and
inserting the following:
``(d) The term `Commission' means the Consumer Product Safety
Commission.'';
(B) by striking ``Secretary'' each place it appears
and inserting ``Commission'' except--
(i) in section 10(b) (15 U.S.C. 1269(b));
(ii) in section 14 (15 U.S.C. 1273); and
(iii) in section 21(a) (15 U.S.C. 1276(a));
(C) by striking ``Department'' each place it
appears, except in section 14(b), and inserting
``Commission'';
(D) by striking ``he'' and ``his'' each place they
appear in reference to the Secretary and inserting
``it'' and ``its'', respectively;
(E) by striking ``Secretary of Health, Education,
and Welfare'' each place it appears in section 10(b)
(15 U.S.C. 1269(b)) and inserting ``Commission'';
(F) by striking ``Secretary of Health, Education,
and Welfare'' each place it appears in section 14 (15
U.S.C. 1273) and inserting ``Commission'';
(G) by striking ``Department of Health, Education,
and Welfare'' in section 14(b) (15 U.S.C. 1273(b)) and
inserting ``Commission'';
(H) by striking ``Consumer Product Safety
Commission'' each place it appears and inserting
``Commission''; and
(I) by striking ``(hereinafter in this section
referred to as the `Commission')'' in section 20(a)(1)
(15 U.S.C. 1275(a)(1)).
(c) Rulemaking Under the Flammable Fabrics Act.--
(1) In general.--Section 4 of the Flammable Fabrics Act (15
U.S.C. 1193) is amended--
(A) by striking ``shall be commenced'' and
inserting ``may be commenced by a notice of proposed
rulemaking or'';
(B) in subsection (i), by striking ``unless, not
less than 60 days after publication of the notice
required in subsection (g), the'' and inserting
``unless the''.
(2) Other conforming amendments.--The Flammable Fabrics Act
(15 U.S.C. 1193 et seq.) is further amended--
(A) by striking subsection (i) of section 2 and
inserting the following:
``(i) The term `Commission' means the Consumer Product Safety
Commission.'';
(B) by striking ``Secretary of Commerce'' each
place it appears and inserting ``the Commission'';
(C) by striking ``Secretary'' each place it
appears, except in sections 9 and 14, and inserting
``Commission'';
(D) by striking ``he'' and ``his'' each place
either term appears in reference to the secretary and
insert ``it'' and ``its'', respectively;
(E) in section 4(e), by striking paragraph (5) and
redesignating paragraph (6) as paragraph (5);
(F) in section 15, by striking ``Consumer Product
Safety Commission (hereinafter referred to as the
`Commission')'' and inserting ``Commission'';
(G) by striking section 16(d) and inserting the
following:
``(d) In this section, a reference to a flammability standard or
other regulation for a fabric, related materials, or product in effect
under this Act includes a standard of flammability continued in effect
by section 11 of the Act of December 14, 1967 (Public Law 90-189).'';
and
(H) in section 17, by striking ``Consumer Product
Safety Commission'' and inserting ``Commission''.
SEC. 205. PUBLIC DISCLOSURE OF INFORMATION.
Section 6(b) (15 U.S.C. 2055(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``30 days'' and inserting ``15
days'';
(B) by striking ``finds that the public'' and
inserting ``publishes a finding that the public''; and
(C) by striking ``and publishes such a finding in
the Federal Register'';
(2) in paragraph (2)--
(A) by striking ``10 days'' and inserting ``5
days'';
(B) by striking ``finds that the public'' and
inserting ``publishes a finding that the public''; and
(C) by striking ``and publishes such a finding in
the Federal Register'';
(3) in paragraph (4), by striking ``section 19 (related to
prohibited acts)'' and inserting ``any consumer product safety
rule under or provision of this Act or similar rule under or
provision of any other Act administered by the Commission'';
and
(4) in paragraph (5)--
(A) in subparagraph (B), by striking ``; or'' and
inserting a semicolon;
(B) in subparagraph (C), by striking the period and
inserting ``; or'';
(C) by adding at the end the following:
``(D) the Commission publishes a finding that the public
health and safety require public disclosure with a lesser
period of notice than is required under paragraph (1).''; and
(D) in the matter following such subparagraph (as
added by subparagraph (C)), by striking ``section
19(a)'' and inserting ``any consumer product safety
rule under this Act or similar rule under or provision
of any other Act administered by the Commission''.
SEC. 206. PUBLICLY AVAILABLE INFORMATION ON INCIDENTS INVOLVING INJURY
OR DEATH.
(a) Evaluation.--The Commission shall examine and assess the
efficacy of the Injury Information Clearinghouse maintained by the
Commission pursuant to section 5(a) of the Consumer Product Safety Act
(15 U.S.C. 2054(a)). The Commission shall determine the volume and
types of publicly available information on incidents involving consumer
products that result in injury, illness, or death and the ease and
manner in which consumers can access such information.
(b) Improvement Plan.--As a result of the study conducted under
subsection (a), the Commission shall transmit to Congress, not later
than 180 days after the date of enactment of this Act, a detailed plan
for maintaining and categorizing such information on a searchable
Internet database to make the information more easily available and
beneficial to consumers, with due regard for the protection of personal
information. Such plan shall include the views of the Commission
regarding whether additional information, such as consumer complaints,
hospital or other medical reports, and warranty claims, should be
included in the database. The plan submitted under this subsection
shall include a detailed implementation schedule for the database,
recommendations for any necessary legislation, and plans for a public
awareness campaign to be conducted by the Commission to increase
consumer awareness of the database.
SEC. 207. PROHIBITION ON STOCKPILING UNDER OTHER COMMISSION-ENFORCED
STATUTES.
Section 9(g)(2) (15 U.S.C. 2058(g)(2)) is amended--
(1) by inserting ``or to which a rule under any other law
enforced by the Commission applies,'' after ``applies,''; and
(2) by striking ``consumer product safety'' the second,
third, and fourth places it appears.
SEC. 208. NOTIFICATION OF NONCOMPLIANCE WITH ANY COMMISSION-ENFORCED
STATUTE.
Section 15(b) (15 U.S.C. 2064(b)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(2) by inserting after paragraph (1) the following:
``(2) fails to comply with any other rule affecting health
and safety promulgated by the Commission under the Federal
Hazardous Substances Act, the Flammable Fabrics Act, or the
Poison Prevention Packaging Act;''; and
(3) by adding at the end the following sentence: ``A report
provided under this paragraph (2) may not be used as the basis
for criminal prosecution under section 5 of the Federal
Hazardous Substances Act (15 U.S.C. 1264), except for offenses
which require a showing of intent to defraud or mislead.''.
SEC. 209. ENHANCED RECALL AUTHORITY AND CORRECTIVE ACTION PLANS.
(a) Enhanced Recall Authority.--Section 15 (15 U.S.C. 2064) is
amended--
(1) in subjection (c)--
(A) by striking ``if the Commission'' and inserting
``(1) If the Commission'';
(B) by inserting ``or if the Commission, after
notifying the manufacturer, determines a product to be
an imminently hazardous consumer product and has filed
an action under section 12,'' after ``from such
substantial product hazard,'';
(C) by redesignating paragraphs (1) through (3) as
subparagraphs (D) through (F), respectively;
(D) by inserting after ``the following actions:''
the following:
``(A) To cease distribution of the product.
``(B) To notify all persons that transport, store,
distribute, or otherwise handle the product, or to which the
product has been transported, sold, distributed, or otherwise
handled, to cease immediately distribution of the product.
``(C) To notify appropriate State and local public health
officials.''; and
(E) by adding at the end the following:
``(2) If a district court determines, in an action filed under
section 12, that the product that is the subject of such action is not
an imminently hazardous consumer product, the Commission shall rescind
any order issued under this subsection with respect to such product.''.
(2) in subsection (f)--
(A) by striking ``An order'' and inserting ``(1)
Except as provided in paragraph (2), an order''; and
(B) by inserting at the end the following:
``(2) The requirement for a hearing in paragraph (1) shall
not apply to an order issued under subsection (c) relating to
an imminently hazardous consumer product with regard to which
the Commission has filed an action under section 12.''.
(b) Corrective Action Plans.--Section 15(d) (15 U.S.C. 2064(d)) is
amended--
(1) by inserting ``(1)'' after the subsection designation;
(2) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C);
(3) by striking ``more (A)'' in subparagraph (C), as
redesignated, and inserting ``more (i)'';
(4) by striking ``or (B)'' in subparagraph (C), as
redesignated, and inserting ``or (ii)'';
(5) by striking ``An order under this subsection may'' and
inserting:
``(2) An order under this subsection shall'';
(6) by striking ``, satisfactory to the Commission,'' and
inserting ``, as promptly as practicable under the
circumstances, as determined by the Commission, for approval by
the Commission,''; and
(7) by adding at the end the following:
``(3)(A) If the Commission approves an action plan, it shall
indicate its approval in writing.
``(B) If the Commission finds that an approved action plan is not
effective or appropriate under the circumstances, or that the
manufacturer, retailer, or distributor is not executing an approved
action plan effectively, the Commission may, by order, amend, or
require amendment of, the action plan. In determining whether an
approved plan is effective or appropriate under the circumstances, the
Commission shall consider whether a repair or replacement changes the
intended functionality of the product.
``(C) If the Commission determines, after notice and opportunity
for comment, that a manufacturer, retailer, or distributor has failed
to comply substantially with its obligations under its action plan, the
Commission may revoke its approval of the action plan.''.
(c) Content of Notice.--Section 15 is further amended by adding at
the end the following:
``(i) Not later than 180 days after the date of enactment of this
Act, the Commission shall, by rule, establish guidelines setting forth
a uniform class of information to be included in any notice required
under an order under subsection (c) or (d) of this section or under
section 12. Such guidelines shall include any information that the
Commission determines would be helpful to consumers in--
``(1) identifying the specific product that is subject to
such an order;
``(2) understanding the hazard that has been identified
with such product (including information regarding incidents or
injuries known to have occurred involving such product); and
``(3) understanding what remedy, if any, is available to a
consumer who has purchased the product.''.
SEC. 210. WEBSITE NOTICE, NOTICE TO THIRD PARTY INTERNET SELLERS, AND
RADIO AND TELEVISION NOTICE.
Section 15(c)(1) (15 U.S.C. 2064(c)(1)) is amended by inserting ``,
including posting clear and conspicuous notice on its Internet website,
providing notice to any third party Internet website on which such
manufacturer, retailer, or distributor has placed the product for sale,
and announcements in languages other than English and on radio and
television where the Commission determines that a substantial number of
consumers to whom the recall is directed may not be reached by other
notice'' after ``comply''.
SEC. 211. INSPECTION OF CERTIFIED PROPRIETARY LABORATORIES.
Section 16(a)(1) is amended by striking ``or (B)'' and inserting
``(B) any proprietary laboratories certified under section 14(e), or
(C)''.
SEC. 212. IDENTIFICATION OF MANUFACTURER, IMPORTERS, RETAILERS, AND
DISTRIBUTORS.
(a) In General.--Section 16 (15 U.S.C. 2065) is further amended by
adding at the end thereof the following:
``(c) Upon request by an officer or employee duly designated by the
Commission--
``(1) every importer, retailer, or distributor of a
consumer product (or other product or substance over which the
Commission has jurisdiction under this or any other Act) shall
identify the manufacturer of that product by name, address, or
such other identifying information as the officer or employee
may request, to the extent that such information is in the
possession of the importer, retailer, or distributor; and
``(2) every manufacturer shall identify by name, address,
or such other identifying information as the officer or
employee may request--
``(A) each retailer or distributor to which the
manufacturer directly supplied a given consumer product
(or other product or substance over which the
Commission has jurisdiction under this or any other
Act);
``(B) each subcontractor involved in the production
or fabrication or such product or substance; and
``(C) each subcontractor from which the
manufacturer obtained a component thereof.''.
(b) Compliance Required for Importation.--Section 17 (15 U.S.C.
2066) is amended--
(1) in subsection (g), by striking ``may'' and inserting
``shall''; and
(2) in subsection (h)(2), by striking ``may'' and inserting
``shall, consistent with section 6,''.
SEC. 213. EXPORT OF RECALLED AND NON-CONFORMING PRODUCTS.
(a) In General.--Section 18 (15 U.S.C. 2067) is amended by adding
at the end the following:
``(c) Notwithstanding any other provision of this section, the
Commission may prohibit, by order, a person from exporting from the
United States for purpose of sale any consumer product, or other
product or substance that is regulated under any Act enforced by the
Commission, that the Commission determines, after notice to the
manufacturer--
``(1) is not in conformity with an applicable consumer
product safety rule under this Act or a similar rule under any
such other Act;
``(2) is subject to an order issued under section 12 or 15
of this Act or designated as a banned hazardous substance under
the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.);
or
``(3) is subject to a voluntary corrective action taken by
the manufacturer, in consultation with the Commission, of which
action the Commission has notified the public and that would
have been subject to a mandatory corrective action under this
or another Act enforced by the Commission if voluntary action
had not been taken by the manufacturer,
unless the importing country has notified the Commission that such
country accepts the importation of such product, provided that if the
importing country has not so notified the Commission within 30 days
after the Commission has provided notice to the importing country of
the impending shipment, the Commission may take such action as is
appropriate with respect to the disposition of the product under the
circumstances.''.
(b) Prohibited Act.--Section 19(a)(10) (15 U.S.C. 2068(a)(10)) is
amended by striking the period at the end and inserting `` or violate
an order of the Commission issued under section 18(c); or''.
(c) Conforming Amendments to Other Acts.--
(1) Federal hazardous substances act.--Section 5(b)(3) of
the Federal Hazardous Substances Act (15 U.S.C. 1264(b)(3)) is
amended by striking ``substance presents an unreasonable risk
of injury to persons residing in the United States'' and
inserting ``substance is prohibited under section 18(c) of the
Consumer Product Safety Act,''.
(2) Flammable fabrics act.--Section 15 of the Flammable
Fabrics Act (15 U.S.C. 1202) is amended by adding at the end
the following:
``(d) Notwithstanding any other provision of this section, the
Consumer Product Safety Commission may prohibit, by order, a person
from exporting from the United States for purpose of sale any fabric,
related material, or product that the Commission determines, after
notice to the manufacturer--
``(1) is not in conformity with an applicable consumer
product safety rule under the Consumer Product Safety Act or
with a rule under this Act;
``(2) is subject to an order issued under section 12 or 15
of the Consumer Product Safety Act or designated as a banned
hazardous substance under the Federal Hazardous Substances Act
(15 U.S.C. 1261 et seq.); or
``(3) is subject to a voluntary corrective action taken by
the manufacturer, in consultation with the Commission, of which
action the Commission has notified the public and that would
have been subject to a mandatory corrective action under this
or another Act enforced by the Commission if voluntary action
had not been taken by the manufacturer,
unless the importing country has notified the Commission that such
country accepts the importation of such product, provided that if the
importing country has not so notified the Commission within 30 days
after the Commission has provided notice to the importing country of
the impending shipment, the Commission may take such action as is
appropriate with respect to the disposition of the product under the
circumstances.''.
SEC. 214. PROHIBITION ON SALE OF RECALLED PRODUCTS.
Section 19(a) (as amended by section 210) (15 U.S.C. 2068(a)) is
further amended--
(1) by striking paragraph (1) and inserting the following:
``(1) sell, offer for sale, manufacture for sale,
distribute in commerce, or import into the United States any
consumer product, or other product or substance that is
regulated under any other Act enforced by the Commission, that
is--
``(A) not in conformity with an applicable consumer
product safety standard under this Act, or any similar
rule under any such other Act;
``(B) subject to voluntary corrective action taken
by the manufacturer, in consultation with the
Commission, of which action the Commission has notified
the public;
``(C) subject to an order issued under section 12
or 15 of this Act; or
``(D) designated a banned hazardous substance under
the Federal Hazardous Substances Act (15 U.S.C. 1261 et
seq.);'';
(2) by striking ``or'' after the semicolon in paragraph
(7);
(3) by striking ``and'' after the semicolon in paragraph
(8); and
(4) by striking ``insulation).'' in paragraph (9) and
inserting ``insulation);''.
SEC. 215. INCREASED CIVIL PENALTY.
(a) Maximum Civil Penalties of the Consumer Product Safety
Commission.--
(1) Initial increase in maximum civil penalties.--
(A) Temporary increase.--Notwithstanding the dollar
amounts specified for maximum civil penalties specified
in section 20(a)(1) of the Consumer Product Safety Act
(15 U.S.C. 2069(a)(1)), section 5(c)(1) of the Federal
Hazardous Substances Act, and section 5(e)(1) of the
Flammable Fabrics Act (15 U.S.C. 1194(e)(1)), the
maximum civil penalties for any violation specified in
such sections shall be $5,000,000, beginning on the
date that is the earlier of the date on which final
regulations are issued under section 3(b) or 360 days
after the date of enactment of this Act.
(B) Effective date.--Paragraph (1) shall cease to
be in effect on the date on which the amendments made
by subsection (b)(1) shall take effect.
(2) Permanent increase in maximum civil penalties.--
(A) Amendments.--
(i) Consumer product safety act.--Section
20(a)(1) (15 U.S.C. 2069(a)(1)) is amended by
striking ``$1,250,000'' both places it appears
and inserting ``$10,000,000''.
(ii) Federal hazardous substances act.--
Section 5(c)(1) of the Federal Hazardous
Substances Act (15 U.S.C. 1264(c)(1)) is
amended by striking ``$1,250,000'' both places
it appears and inserting ``$10,000,000''.
(iii) Flammable fabrics act.--Section
5(e)(1) of the Flammable Fabrics Act (15 U.S.C.
1194(e)(1)) is amended by striking
``$1,250,000'' and inserting ``$10,000,000''.
(B) Effective date.--The amendments made by
paragraph (1) shall take effect on the date that is 1
year after the earlier of--
(i) the date on which final regulations are
issued pursuant to section 3(b); or
(ii) 360 days after the date of enactment
of this Act.
(b) Determination of Penalties by the Consumer Product Safety
Commission.--
(1) Factors to be considered.--
(A) Consumer product safety act.--Section 20(b) (15
U.S.C. 2069(b)) is amended--
(i) by inserting ``the nature,
circumstances, extent, and gravity of the
violation, including'' after ``shall
consider'';
(ii) by striking ``products distributed,
and'' and inserting ``products distributed,'';
and
(iii) by inserting ``, and such other
factors as appropriate'' before the period.
(B) Federal hazardous substances act.--Section
5(c)(3) of the Federal Hazardous Substances Act (15
U.S.C. 1264(c)(3)) is amended--
(i) by inserting ``the nature,
circumstances, extent ,and gravity of the
violation, including'' after ``shall
consider'';
(ii) by striking ``substance distributed,
and'' and inserting ``substance distributed,'';
and
(iii) by inserting ``, and such other
factors as appropriate'' before the period.
(C) Flammable fabrics act.--Section 5(e)(2) of the
Flammable Fabrics Act (15 U.S.C. 1194(e)(2)) is
amended--
(i) by striking ``nature and number'' and
inserting ``nature, circumstances, extent, and
gravity'';
(ii) by striking ``absence of injury, and''
and inserting ``absence of injury,''; and
(iii) by inserting ``, and such other
factors as appropriate'' before the period.
(2) Regulations.--Not later than 1 year after the date of
enactment of this Act, and in accordance with the procedures of
section 553 of title 5, United States Code, the Commission
shall issue a final regulation providing its interpretation of
the penalty factors described in section 20(b) of the Consumer
Product Safety Act (15 U.S.C. 2069(b)), section 5(c)(3) of the
Federal Hazardous Substances Act (15 U.S.C. 1264(c)(3)), and
section 5(e)(2) of the Flammable Fabrics Act (15 U.S.C.
1194(e)(2)), as amended by subsection (a).
SEC. 216. CRIMINAL PENALTIES TO INCLUDE ASSET FORFEITURE.
Section 21 (15 U.S.C. 2070) is amended by adding at the end thereof
the following:
``(c)(1) In addition to the penalty provided by subsection (a), the
penalty for a criminal violation of this Act or any other Act enforced
by the Commission may include the forfeiture of assets associated with
the violation.
``(2) In this subsection, the term `criminal violation' means a
violation of this Act of any other Act enforced by the Commission for
which the violator is sentenced under this section, section 5(a) of the
Federal hazardous Substances Act (15 U.S.C. 2064(a)), or section 7 of
the Flammable Fabrics Act (15 U.S.C. 1196).''.
SEC. 217. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
Section 24 (15 U.S.C. 2073) is amended--
(1) in the section heading, by striking ``private'' and
inserting ``additional'';
(2) by striking ``Any interested person'' and inserting
``(a) Any interested person''; and
(3) by striking ``No separate suit'' and all that follows
and inserting the following:
``(b)(1) The attorney general of a State, alleging a violation of
section 19(a) that affects or may affect such State or its residents
may bring an action on behalf of the residents of the State in any
United States district court for the district in which the defendant is
found or transacts business to enforce a consumer product safety rule
or an order under section 15, and to obtain appropriate injunctive
relief.
``(2) Not less than thirty days prior to the commencement of such
action, the attorney general shall give notice by registered mail to
the Commission, to the Attorney General, and to the person against whom
such action is directed. Such notice shall state the nature of the
alleged violation of any such standard or order, the relief to be
requested, and the court in which the action will be brought. The
Commission shall have the right--
``(A) to intervene in the action;
``(B) upon so intervening, to be heard on all matters
arising therein;
``(C) and to file petitions for appeal.
``(c) No separate suit shall be brought under this section if at
the time the suit is brought the same alleged violation is the subject
of a pending civil or criminal action by the United States under this
Act. In any action under this section the court may in the interest of
justice award the costs of suit, including reasonable attorneys' fees
(determined in accordance with section 11(f)) and reasonable expert
witnesses' fees.''.
SEC. 218. EFFECT OF RULES ON PREEMPTION.
In issuing any rule or regulation in accordance with its statutory
authority, the Commission shall not seek to expand or contract the
scope, or limit, modify, interpret, or extend the application of
sections 25 and 26 of the Consumer Products Safety Act (15 U.S.C. 2074
and 2075, respectively), section 18 of the Federal Hazardous Substances
Act (15 U.S.C. 1261), section 7 of the Poison Prevention Packaging Act
(15 U.S.C. 1476), or section 16 of the Flammable Fabrics Act (15 U.S.C.
1203) with regard to the extent to which each such Act preempts,
limits, or otherwise affects any other Federal, State, or local law, or
limits or otherwise affects any cause of action under State or local
law.
SEC. 219. SHARING OF INFORMATION WITH FEDERAL, STATE, LOCAL, AND
FOREIGN GOVERNMENT AGENCIES.
Section 29 (15 U.S.C. 2078) is amended by adding at the end the
following:
``(f)(1) The Commission may make information obtained by the
Commission under this Act available (consistent with the requirements
of section 6) to any Federal, State, local, or foreign government
agency upon the prior certification of an appropriate official of any
such agency, either by a prior agreement or memorandum of understanding
with the Commission or by other written certification, that such
material will be maintained in confidence and will be used only for
official law enforcement or consumer protection purposes, if--
``(A) the agency has set forth a bona fide legal basis for
its authority to maintain the material in confidence;
``(B) the materials are to be used for purposes of
investigating, or engaging in enforcement proceedings related
to, possible violations of--
``(i) laws regulating the manufacture, importation,
distribution, or sale of defective or unsafe consumer
products, or other practices substantially similar to
practices prohibited by any law administered by the
Commission;
``(ii) a law administered by the Commission, if
disclosure of the material would further a Commission
investigation or enforcement proceeding; or
``(iii) with respect to a foreign law enforcement
agency, with the approval of the Attorney General,
other foreign criminal laws, if such foreign criminal
laws are offenses defined in or covered by a criminal
mutual legal assistance treaty in force between the
government of the United States and the foreign law
enforcement agency's government; and
``(C) in the case of a foreign government agency, such
agency is not from a foreign state that the Secretary of State
has determined, in accordance with section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)), has
repeatedly provided support for acts of international
terrorism, unless and until such determination is rescinded
pursuant to section 6(j)(4) of that Act (50 U.S.C. App.
2405(j)(4)).
``(2) The Commission may abrogate any agreement or
memorandum of understanding entered into under paragraph (1) if
the Commission determines that the agency with which such
agreement or memorandum of understanding was entered into has
failed to maintain in confidence any information provided under
such agreement or memorandum of understanding, or has used any
such information for purposes other than those set forth in
such agreement or memorandum of understanding.
``(3)(A) Except as provided in subparagraph (B) of this
paragraph, the Commission shall not be required to disclose
under section 552 of title 5, United States Code, or any other
provision of law--
``(i) any material obtained from a foreign
government agency, if the foreign government agency has
requested confidential treatment, or has precluded such
disclosure under other use limitations, as a condition
of providing the material;
``(ii) any material reflecting a consumer complaint
obtained from any other foreign source, if that foreign
source supplying the material has requested
confidential treatment as a condition of providing the
material; or
``(iii) any material reflecting a consumer
complaint submitted to a Commission reporting mechanism
sponsored in part by foreign government agencies.
``(B) Nothing in this subsection shall authorize the
Commission to withhold information from the Congress or prevent
the Commission from complying with an order of a court of the
United States in an action commenced by the United States or
the Commission.
``(4) In this subsection, the term `foreign government agency'
means--
``(A) any agency or judicial authority of a foreign
government, including a foreign state, a political subdivision
of a foreign state, or a multinational organization constituted
by and comprised of foreign states, that is vested with law
enforcement or investigative authority in civil, criminal, or
administrative matters; and
``(B) any multinational organization, to the extent that it
is acting on behalf of an entity described in subparagraph (A).
``(g) Whenever the Commission is notified of any voluntary recall
of any consumer product self-initiated by a manufacturer (or a retailer
in the case of a retailer selling a product under its own label), or
issues an order under section 15(c) or (d) with respect to any product,
the Commission shall notify each State's health department or other
agency designated by the State of the recall or order.''.
SEC. 220. INSPECTOR GENERAL AUTHORITY AND ACCESSIBILITY.
(a) Report.--Not later than 60 days after the date of the enactment
of this Act, the Inspector General of the Commission shall transmit a
report to Congress on the activities of the Inspector General, any
structural barriers which prevent the Inspector General from providing
robust oversight of the activities of the Commission, and any
additional authority or resources that would facilitate more effective
oversight.
(b) Employee Complaints.--
(1) In general.--The Inspector General of the Commission
shall conduct a review of--
(A) complaints received by the Inspector General
from employees of the Commission about violations of
rules, regulations, or the provisions of any Act
enforced by the Commission; and
(B) the process by which corrective action plans
are negotiated with such employees by the Commission,
including an assessment of the length of time for these
negotiations and the effectiveness of the plans.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Inspector General shall transmit a
report to the Commission and to Congress setting forth the
Inspector General's findings, conclusions, actions taken in
response to employee complaints, and recommendations.
(c) Complaint Procedure.--Not later than 30 days after the date of
enactment of this Act the Commission shall establish and maintain on
the homepage of the Commission's Internet website a mechanism by which
individuals may anonymously report incidents of waste, fraud, or abuse
with respect to the Commission.
SEC. 221. REPEAL.
Section 30 (15 U.S.C. 2079) is amended by striking subsection (d)
and redesignating subsections (e) and (f) as subsections (d) and (e),
respectively.
SEC. 222. INDUSTRY-SPONSORED TRAVEL BAN.
The Consumer Product Safety Act (15 U.S.C. 1251 et seq.) is amended
by adding at the end the following new section:
``SEC. 38. PROHIBITION ON INDUSTRY-SPONSORED TRAVEL.
``(a) Prohibition.--Notwithstanding section 1353 of title 31,
United States Code, no Commissioner or employee of the Commission shall
accept travel, subsistence, and related expenses with respect to
attendance by a Commissioner or employee at any meeting or similar
function relating to official duties of a Commissioner or an employee,
from a person--
``(1) seeking official action from, doing business with, or
conducting activities regulated by, the Commission; or
``(2) whose interests may be substantially affected by the
performance or nonperformance of the Commissioner's or
employee's official duties.
``(b) Authorization of Appropriations for Official Travel.--There
are authorized to be appropriated, for each of fiscal years 2009
through 2011, $1,200,000 to the Commission for certain travel and
lodging expenses necessary in furtherance of the official duties of
Commissioners and employees.''.
SEC. 223. ANNUAL REPORTING REQUIREMENT.
Section 27(j) (15 U.S.C. 2076(j)) is amended--
(1) in the matter preceding paragraph (1), by striking
``The Commission'' and inserting ``Notwithstanding section 3003
of the Federal Reports Elimination and Sunset Act of 1995 (31
U.S.C. 1113 note), the Commission''; and
(2) by redesignating paragraphs (5) through (11) as
paragraphs (6) through (12), respectively and inserting after
paragraph (4) the following:
``(5) the number and summary of recall orders issued under
section 12 or 15 during such year and a summary of voluntary
actions taken by manufacturers of which the Commission has
notified the public, and an assessment of such orders and
actions;''.
SEC. 224. STUDY ON THE EFFECTIVENESS OF AUTHORITY RELATING TO IMPORTED
PRODUCTS.
The Commission shall study the effectiveness of section 17(a) of
the Consumer Product Safety Act (15 U.S.C. 2066(a)), specifically
paragraphs (3) and (4) of such section, to determine a specific
strategy to increase the effectiveness of the Commission's ability to
stop unsafe products from entering the United States. The Commission
shall submit a report to Congress not later than 9 months after
enactment of this Act, which shall include recommendations regarding
additional authority the Commission needs to implement such strategy,
including any necessary legislation.
Passed the House of Representatives December 19, 2007.
Attest:
Clerk.
110th CONGRESS
1st Session
H. R. 4040
_______________________________________________________________________
AN ACT
To establish consumer product safety standards and other safety
requirements for children's products and to reauthorize and modernize
the Consumer Product Safety Commission.