69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–501 

CONSUMER PRODUCT SAFETY MODERNIZATION ACT 

DECEMBER 19, 2007.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. DINGELL, from the Committee on Energy and Commerce, 

submitted the following 

R E P O R T 

[To accompany H.R. 4040] 

The Committee on Energy and Commerce, to whom was referred 

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 considered the same, report favorably thereon with an 

amendment and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Amendment .............................................................................................................. 1 

Purpose and Summary ............................................................................................ 17 

Background and Need for Legislation .................................................................... 18 

Hearings ................................................................................................................... 21 

Committee Consideration ........................................................................................ 22 

Committee Votes ...................................................................................................... 22 

Committee Oversight Findings ............................................................................... 27 

Statement of General Performance Goals and Objectives .................................... 27 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 27 

Earmarks and Tax and Tariff Benefits .................................................................. 27 

Committee Cost Estimate ....................................................................................... 27 

Congressional Budget Office Estimate ................................................................... 27 

Federal Mandates Statement ................................................................................. 27 

Advisory Committee Statement .............................................................................. 27 

Constitutional Authority Statement ...................................................................... 27 

Applicability to Legislative Branch ........................................................................ 28 

Section-by-Section Analysis of the Legislation ...................................................... 28 

Special Issues ........................................................................................................... 46 

AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 


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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 


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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; 


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(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; 


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‘‘(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; 


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(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). 


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‘‘(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. 


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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 secondhand 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’’. 


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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’’; 


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(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. 


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(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)’’; 


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(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 


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(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; 


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‘‘(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. 


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(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 per- son’’; 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—


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‘‘(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. 


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(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. 

PURPOSE AND SUMMARY

H.R. 4040, the Consumer Product Safety Modernization Act, is 

comprehensive bipartisan legislation to strengthen and modernize 

the consumer product safety system in the United States. The legislation places special emphasis on improving the safety of products 

designed or intended for children. 

Title I, ‘‘Children’s Product Safety,’’ contains provisions to ensure 

the greater safety of toys, nursery equipment, and other children’s 

products that are sold in or imported into interstate commerce. It 

includes provisions that establish or toughen Federal standards to 

ban lead in children’s products beyond minute amounts; require 

pretesting and certification of certain children’s products, including 

nursery equipment; mandate identifying and cautionary labeling; 


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require a study by the Comptroller General of whether there is a 

disproportionate rate of death or injury from consumer products for 

minority children; and require an assessment of voluntary standards governing the safety of toys, with special attention to products 

or toys containing powerful magnets. 

Title II, ‘‘Consumer Product Safety Commission Reform,’’ reauthorizes the Consumer Product Safety Commission (CPSC), the 

Government agency charged with overseeing and regulating the 

safety of the Nation’s consumer products. Most importantly, this 

title authorizes significantly increased resources for fiscal years 

2009 to 2011, providing for approximately 10 percent real growth 

on top of increases intended to meet inflation and other increased 

costs. It also restores the agency to its full panel of five Commissioners at the end of fiscal year 2010. Other provisions enable the 

agency to inform the public immediately about unsafe products 

when health and safety so require, to provide better information to 

consumers about recalled products and the available remedies, and 

to exert more control to stop the importation of unsafe consumer 

products. The bill also mandates that the agency work with Congress to develop a comprehensive user-friendly database containing 

information on product-related deaths and serious injuries. In total, 

H.R. 4040 will provide new resources and tools to the CPSC to empower it to protect consumers more effectively in an increasingly 

more complex and global marketplace. 

BACKGROUND AND NEED FOR LEGISLATION

At the beginning of the 110th Congress in January 2007, the 

Chairman of the Subcommittee on Commerce, Trade, and Consumer Protection of the Committee on Energy and Commerce announced that the Subcommittee would concentrate its attention on 

the consumer product safety system in the United States and the 

record of the CPSC to perform its mission to ‘‘protect the public 

against unreasonable risks associated with consumer products.’’ A 

relatively new independent Federal agency, the CPSC was established by legislation in 1972 and began operations a year later. The 

agency’s responsibilities cover all consumer products in interstate 

commerce in the United States, excluding food, drugs, cosmetics, 

tobacco, firearms, alcohol, automobiles and other on-road vehicles, 

boats, tires, pesticides, and medical devices. The CPSC and commentators have for years referred to the agency’s responsibility as 

covering more than ‘‘15,000 different product categories,’’ but given 

technological advances, the growth in demand for consumer products, and the increasing diversification and globalization of the 

market, that number probably is now significantly understated. 

The record from the first consumer product safety hearing held 

by the Subcommittee on May 6, 2007, amply demonstrates that the 

CPSC for many years has lacked the necessary resources or authority to protect Americans adequately—much less robustly—from unsafe consumer products. Starting in the 1980s, the agency’s resources have been steadily eroded. Staffing levels at the agency 

dropped from a high number of almost 1,000 employees in the early 

1980s to fewer than 400 employees today. In addition, starting in 

1986 and continuing to the present, an appropriations rider has 

limited CPSC funding to only three Commissioners, instead of the 

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sumer Product Safety Act, thereby depriving the agency of diversity in its leadership and decision making and diminishing its stature relative to other independent agencies. Even worse, the limit 

to three Commissioners has caused the CPSC to lack the necessary 

quorum to issue decisions or promulgate rules when any one Commission seat is vacant and is not filled within six months through 

the normal Presidential nomination and Senate confirmation process. The CPSC has not been reauthorized since 1990, nor has Congress undertaken any other systematic review of its performance 

and operating statutes in that time period. 

The Committee’s attention to the safety of children’s products accelerated after the numerous product recalls that occurred this past 

summer. From June to September of 2007, the CPSC recalled more 

than four million children’s toys and items of jewelry due to excessive lead. Lead is a known neurotoxin that can enter a child’s system in a number of ways—children touch and handle toys with 

lead paint and then put their hands in their mouths, or they mouth 

or chew on toys and small objects, and even swallow them. Public 

health and other officials for years have warned about the devastating effect of lead on children’s brains. Because of the cumulative effect of lead on the developing nervous system, exposure 

over time can lead to attention problems, learning disabilities, 

mental retardation, antisocial and delinquent behavior, and lower 

intellectual ability, measured as loss in IQ points. 

Two of the toy recalls that gained the most media attention were 

for Thomas the Tank Engine, a wooden train set modeled after the 

character in a popular children’s TV show, and for several toys 

made by Mattel, Inc., the nation’s largest toy manufacturer, including a ‘‘Sarge’’ car, Barbie doll accessories, and Dora the Explorer 

characters. The lead-paint-toy recalls in turn focused attention on 

more than 50 recalls over the past several years involving more 

than 170 million items of children’s jewelry manufactured with excessive, even dangerous, levels of lead. In the worst case, a fouryear-old child from Minnesota swallowed a charm given away as a 

premium with adult athletic shoes and died three days later from 

acute lead poisoning. The charm removed from his digestive system 

was found to contain 99 percent lead. 

The overwhelming majority of children’s products, both toys and 

jewelry, recalled for excessive lead in the past few years were imported from China. In 2006, 86 percent of all toys sold in the 

United States were made in China. Excessive lead in these products has raised questions about quality control practices and the 

integrity of the manufacturing process for consumer goods 

outsourced by U.S. companies. Questions also have been raised 

about how to comply with and enforce U.S. standards when goods 

are manufactured in a developing nation that does not have the 

same culture of compliance found in the United States. To get answers to these questions, Subcommittee Chairman Rush and Ranking Member Cliff Stearns wrote letters in August 2007 to 19 manufacturers or importers of recalled lead-tainted toys and jewelry. In 

September, they pursued their questions further in follow-up letters to four of these companies that had provided less than complete answers. 

The failure of manufacturers to comply with safety standards on 

lead is an especially difficult problem for parents, because there is 


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no way to look at a toy and know that either the paint or the underlying metal content is limited to safe or lawful amounts of lead. 

Nor are signs of neurological damage to children from cumulative 

exposure to lead evident without medical testing. 

Moreover, efforts by the CPSC to protect consumers against excessive levels of lead in the content of children’s products are complicated by the fact that there is no current Federal standard quantifying the permissible amount of lead content in a product. To protect children from lead in jewelry and other products, the CPSC 

must proceed under section 2(q)(1) of the Federal Hazardous Substance Act, 15 U.S.C. 1261(q)(1), to determine that a product is a 

‘‘banned hazardous substance’’ if the lead is ‘‘susceptible of access 

by a child to whom it is entrusted.’’ Although CPSC staff in January 2005 published guidelines, ‘‘Interim Enforcement Policy for 

Children’s Metal Jewelry Containing Lead,’’ stating that it will 

seek corrective action for any children’s jewelry that tests above 

600 parts per million (ppm), or .06 percent of total weight, these 

guidelines do not have the force of law. In contrast, there is a clear 

Federal standard limiting the amount of lead in paint to 600 ppm. 

16 C.F.R. § 1303. 

Lead was not the only problem with toys during last summer’s 

recalls. Roughly half the toys recalled were for design defects: problems originating with the U.S. manufacturer or importer and not 

the foreign (overwhelmingly Chinese) companies that assembled or 

actually ‘‘manufactured’’ the toy. Design defects in children’s toys 

or other products leading to recalls were for loose and powerful 

magnets, or for burn, laceration, choking, or strangulation hazards. 

To deal with the problem of unsafe toys and other products imported from China, the CPSC has been in direct contact with the 

Government of China over the past three years. In September 

2007, the CPSC signed a Joint Statement with the Chinese Administration of Quality, Supervision, Inspection, and Quarantine 

(ASQIQ) to improve the quality and safety of four categories of consumer products, including toys. In particular, the Joint Statement 

provides that ASQIQ proposes ‘‘a comprehensive plan to eliminate 

the use of lead paint on Chinese manufactured toys exported to the 

United States.’’

Beyond these cooperative actions, the CPSC needs to take considerably more aggressive action if it is to protect American consumers and children from unsafe toys and other products in the 

marketplace, whether manufactured at home or abroad. Stakeholders agreed that the single most important thing Congress can 

do to improve consumer product safety is to provide the CPSC with 

the significantly greater level of resources that it needs to perform 

its mission. The CPSC must grow at a quick but workable pace 

that will allow it to hire and train staff with the necessary expertise to regulate product safety and enforce the law in a global marketplace with such an expansive array of products. In addition, the 

limitation to three Commissioners puts the agency in constant jeopardy of losing its quorum when just one Commissioner resigns and 

is not replaced within six months. Without a quorum, the CPSC 

cannot promulgate rules or bring mandatory recall actions. 

Testimony also indicated that the CPSC needs enhanced authority and more streamlined processes. The agency needs to have 

clearer authority to warn the public about unsafe products quickly, 


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and when public safety from dangerous products hangs in the balance. The CPSC needs more power to negotiate and order appropriate remedies after unsafe or defective products have been recalled and then to notify the public effectively about the scope of 

a recall and the available remedies. The CPSC also needs better 

enforcement tools, including the power to impose higher penalties, 

so that the penalty for manufacturing or selling an unsafe product 

will act as a real deterrent to wrongdoing and not be simply dismissed as a cost of doing business. The agency must be able to promulgate regulations more quickly, and it must not be required to 

engage in three-part rulemaking in all instances, even when the 

proposed rule is merely technical in nature. Finally, consistent with 

obligations under various international trade agreements, the 

CPSC must have more authority to deal with unsafe consumer 

products manufactured and imported from abroad. 

To address these important concerns, the Committee has crafted 

this comprehensive and carefully balanced legislation, and made 

reporting it unanimously to the House a high priority. 

HEARINGS

The Subcommittee on Commerce, Trade, and Consumer Protection held a hearing on Tuesday, May 15, 2007, entitled ‘‘Protecting 

Our Children: Current Issues in Consumer Product Safety.’’ The 

hearing examined the performance of the CPSC in safeguarding 

consumers, particularly children, from hazardous products. Testimony was received from the Honorable Nancy A. Nord, Acting 

CPSC Chairman; Mr. Alan Korn, Public Policy Director and General Counsel, Safe Kids Worldwide; Ms. Rachel Weintraub, Director 

of Product Safety and Senior Counsel, Consumer Federation of 

America; Mr. Frederick Locker, General Counsel, Toy Industry Association; Ms. Marla Felcher, Adjunct Lecturer, Kennedy School of 

Government, Harvard University; Mr. James A. Thomas, President, ASTM International; and Ms. Nancy A. Cowles, Executive Director, Kids in Danger. 

The Subcommittee also held a legislative hearing on Wednesday, 

June 6, 2007, entitled ‘‘Legislation to Improve Consumer Product 

Safety for Children: H.R. 2474, H.R. 1699, H.R. 814, and H.R. 

1721.’’ Testimony was received from Mr. Edmund Mierzwinski, 

Consumer Program Director, United States Public Interest Research Group, and Ms. Sally Greenberg, Senior Product Safety 

Counsel, Consumers Union. 

On Wednesday September 19, 2007, and Thursday September 20, 

2007 the Subcommittee held a hearing entitled ‘‘Protecting Children from Lead-Tainted Imports.’’ Testimony was received on September 19th from the Honorable Nancy A. Nord, Acting CPSC 

Chairman; the Honorable Thomas H. Moore, CPSC Commissioner; 

and Robert A. Eckert, Chairman and CEO, Mattel Inc. Testimony 

was received on September 20th from Dr. Dana Best, M.D., M.P.H., 

F.A.A.P., American Academy of Pediatrics; Ms. Olivia D. Farrow, 

Esq., R.S., Assistant Commissioner, Division of Environmental 

Health, Baltimore City Health Department; Mr. Michael Green, 

Executive Director, Center for Environmental Health; Ms. Lori 

Wallach, Director, Global Trade Watch; Ms. Mary Teagarden, Professor of Global Strategy, Thunderbird School of Global Management; Mr. Carter Keithley, President, Toy Industry Association, 


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Inc.; Mr. Allen Thompson, Vice President, Global Supply Chain 

Policy, Retail Industry Leaders Association; Mr. Michael Gale, 

Fashion Jewelry Trade Association; Mr. Gary E. Knell, CEO and 

President, Sesame Workshop; and Ms. Kathie Morgan, Vice President, Technical, Committee Operations, ATSM International. 

The Subcommittee held a legislative hearing on Tuesday, November 6, 2007 entitled ‘‘Comprehensive Children’s Product Safety and 

Consumer Product Safety Commission Reform Legislation.’’ Testimony was received from the Honorable Nancy A. Nord, Acting 

CPSC Chairman; the Honorable Thomas H. Moore, CPSC Commissioner; Ms. Kathrin Belliveau, Director of Public Safety and Regulatory Affairs, Hasbro, Inc.; Dr. Dana Best, M.D., M.P.H., F.A.A.P., 

American Academy of Pediatrics; Mr. Lane Hallenbeck, Vice President, Accreditation Services, American National Standards Institute (ANSI); Mr. Alan Korn, Public Policy Director and General 

Counsel, Safe Kids Worldwide; Mr. Joseph McGuire, President, Association of Home Appliance Manufacturers; and Ms. Rachel 

Weintraub, Director of Product Safety and Senior Counsel, Consumer Federation of America. 

COMMITTEE CONSIDERATION

On Thursday, November 15, 2007, the Subcommittee on Commerce, Trade and Consumer Protection met in open markup session and favorably forwarded H.R. 4040, amended, to the full Committee for consideration, by a voice vote. On Thursday, December 

13, 2007, the full Committee met in open markup session and considered H.R. 4040. The Committee reconvened on Tuesday, December 18, 2007, to continue consideration of H.R. 4040. The Committee ordered H.R. 4040 favorably reported to the House, amended, by a recorded vote of 51–0. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. A motion by Mr. 

Dingell to order H.R. 4040 favorably reported to the House, amended, was agreed to by a recorded vote of 51 yeas and 0 nays. The 

following are the recorded votes taken on the motion and amendments thereto, including the names of those Members voting for 

and against. 


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COMMITTEE OVERSIGHT FINDINGS

Regarding clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the oversight findings of the Committee regarding H.R. 4040 are reflected in this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

The purposes of H.R. 4040 are to improve the safety of products 

designed and sold for children and to reform and modernize consumer product safety regulation in the United States. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

Regarding compliance with clause 3(c)(2) of rule XIII of the Rules 

of the House of Representatives, the Committee will adopt as its 

own the estimate of budget authority and revenues regarding H.R. 

4040 prepared by the Director of the Congressional Budget Office 

pursuant to section 402 of the Congressional Budget Act of 1974. 

The Committee finds that H.R. 4040 would result in no new or increased entitlement authority or tax expenditures. 

EARMARKS AND TAX AND TARIFF BENEFITS

Regarding compliance with clause 9 of rule XXI of the Rules of 

the House of Representatives, H.R. 4040 does not contain any congressional earmarks, limited tax benefits, or limited tariff benefits 

as defined in clause 9(d), 9(e), or 9(f) of rule XXI. 

COMMITTEE COST ESTIMATE

The Committee will adopt as its own the cost estimate on H.R. 

4040 prepared by the Director of the Congressional Budget Office 

pursuant to section 402 of the Congressional Budget Act of 1974. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Regarding clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, a cost estimate on H.R. 4040 by the Congressional Budget Office pursuant to section 402 of the Congressional 

Budget Act of 1974 was not available when the Committee filed 

this report. 

FEDERAL MANDATES STATEMENT

The Committee will adopt as its own the estimate of Federal 

mandates regarding H.R. 4040 prepared by the Director of the Congressional Budget Office pursuant to section 423 of the Unfunded 

Mandates Reform Act. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act would be created by H.R. 4040. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that the Constitutional authority for this legislation is provided in Article I, section 8, clause 

3, which grants Congress the power to regulate commerce with forVerDate Aug 31 2005 01:12 Dec 22, 2007 Jkt 069006 PO 00000 Frm 00027 Fmt 6659 Sfmt 6602 E:\HR\OC\HR501.XXX HR501

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eign nations, among the several States, and with the Indian Tribes, 

and in the provisions of Article I, section 8, clause 1, that relate 

to expending funds to provide for the general welfare of the United 

States. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act of 1995. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title; table of content 

Section 1 states that the short title of this Act is the ‘‘Consumer 

Product Safety Modernization Act of 2007’’ and also includes the 

table of contents. 

Section 2. References 

Section 2 states that all references to the ‘‘Commission’’ mean the 

Consumer Product Safety Commission (CPSC) and that all references to ‘‘Act’’ mean the Consumer Product Safety Act. 

Section 3. Authority to issue implementing regulations 

Section 3 provides general authority to the CPSC to promulgate 

regulations that may be necessary to implement the legislation. 

Title I—Children’s Product Safety 

Section 101. Ban on children’s products containing lead; lead paint 

rule 

Section 101 establishes a Federal ban on lead in children’s products beyond specified minute amounts. It establishes clear Federal 

standards, phased in over four years, on the amounts of lead content and lead paint that are permitted in children’s products. Once 

these lead standards are fully implemented, they will be the most 

health protective standards in the world, more protective than 

those currently established under any State or local law or in the 

European Union. Thereafter, the legislation requires that the 

CPSC, through rulemaking, review these standards to determine 

whether they may feasibly be reduced further to ensure they are 

as protective of human health as possible. Thus, the Committee intends that the statutory standards established under this legislation serve as a minimum level of protection, and this Act provides 

the CPSC with ongoing responsibility and authority to review advances in science and technology to determine if such standards 

may be revised and reduced further. 

Section 101(a) addresses lead content in children’s products. 

Paragraph (1) declares that, effective 180 days after enactment, 

any children’s product containing more than the amount 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). Although section 2(q)(1) refers to 

hazardous substances ‘‘susceptible of access’’ to children, the legislation makes children’s products with lead levels greater than the 


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standards set forth in paragraph (2) banned hazard substances regardless of accessibility. 

Paragraph (2) reduces the small amounts of lead permitted in 

children’s products in stages. Lead standards are expressed as total 

lead content by weight, not as the amount of soluble lead. Within 

180 days after enactment, the permitted amount is 600 parts per 

million (ppm) total lead content by weight for any part of a product. Two years later, the permitted amount is reduced to 300 ppm, 

and 4 years later, the amount is reduced to 100 ppm. The CPSC 

may, however, after a hearing make a determination as to whether 

the 100 ppm standard is feasible to achieve. If the CPSC determines that 100 ppm is not feasible, it must set the standard at the 

lowest level between 300 ppm and 100 ppm that is feasible to 

achieve. 

When assessing whether a standard is ‘‘feasible,’’ the Committee 

intends that CPSC focus on the scientific advances and the technical ability of manufacturers to achieve that standard. The CPSC 

also should focus on its own ability to detect violations of the 

standard and to enforce it. Increased cost of manufacturing is not 

a sufficient consideration to render a standard infeasible. The Committee assumes that the cost to produce children’s products to meet 

these reduced lead standards will increase but believes that the 

greater cost is necessary to protect the health of children, which is 

the primary focus of this section and this title. 

Paragraph (3) expressly requires the CPSC to review the 100 

ppm standard as it applies to any class of children’s products to determine if it is feasible to set it at a lower level that is more protective of human health. The CPSC may at any time require that any 

class of children’s products be manufactured with even lower levels 

of lead—including 0 ppm—and establish an appropriate standard. 

The Committee expects the CPSC to consider the different materials and products made for children, as well the way children 

interact with these materials and products, and to work with industry and the public to reduce the amount of lead in various children’s products to the greatest extent possible. 

Paragraph (3) further mandates that the CPSC conduct periodic 

reviews of scientific and technical information on an ongoing basis 

to determine if it is feasible to reduce whatever lead standard applies at the time. The Committee intends that the CPSC conduct 

such reviews every several years. 

Paragraph (4) authorizes the CPSC, in very narrow circumstances, to exclude, by rule, certain materials and products 

from the total lead weight limits. The lead content in these materials must be in a form that will not result in absorption of any 

lead whatsoever into the human body or have any adverse effect 

on public health or safety. The Committee understands that one 

such material may be lead crystal because of its molecular structure, but the CPSC must make that determination by rule. The 

CPSC also would have to determine if other materials meet this 

strict standard, including for example, certain gemstones. Paragraph (4) does not, however, authorize the CPSC to exclude children’s metal jewelry items that exceed total lead weight standards 

but have been electroplated. The Committee believes that electroplating is capable of being breached through normal use and abuse, 

which would allow lead to leach out and be absorbed by the human 


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body if ingested. Accordingly, items of children’s jewelry must meet 

the lead standards set forth in paragraph (2) or otherwise are 

banned hazardous substances. 

Paragraph (5) defines ‘‘children’s products’’ as used in this Act. 

It includes all consumer products as defined in section 3(a)(1) of 

the Consumer Product Safety Act designed or intended primarily 

for children 12 years of age or younger. By ‘‘primarily intended’’, 

the Committee wishes to exclude common household products that 

may be used by children but are not intended primarily for children and would not reasonably be considered children’s products. 

Examples would include door knobs, metal bed posts on full-size 

beds, and metal clothes hangers. Paragraph (5) lists specific factors 

to be considered when determining whether a product is primarily 

intended for the age group, including the manufacturer’s statement 

of intended use, marketing and packaging of the product, and 

which products consumers would commonly recognize as intended 

for children in that age group. Manufacturers also are directed to 

consult the Age Determination Guidelines issued by CPSC staff in 

2002. 

Paragraph (6) sets forth an exception to the lead standards in 

paragraph (2) for inaccessible component parts that are contained 

in sealed coverings and casings, and thus will not be exposed or accessible to children through normal use and abuse. The CPSC may 

determine which such component parts may be excepted from the 

lead limits. This exception is intended primarily for sealed electronic devices. It is not intended to apply to items of children’s jewelry that have been electroplated, as electroplating is not the sealed 

covering or casing that this paragraph contemplates. As stated, it 

is the Committee’s view that electroplating can be breached by normal use and abuse. The Committee expects the Commission to develop a rigorous standard that will ensure that any product granted an exception has no meaningful ability to expose a child to lead 

in such a way that could raise blood lead level. 

Finally, nothing in section 101 or this legislation is intended to 

interfere with the ability of any State to require warnings about a 

risk of illness or injury associated with lead in a children’s product. 

The Committee recognizes that some States currently impose such 

warning requirements and does not intend to preempt those requirements in any way. 

Subsection (b) applies to lead paint on children’s products. Not 

later than 180 days after enactment, the CPSC must modify the existing regulations on lead paint at 16 C.F.R. 1303.1, reducing the 

standard from ‘‘0.06 percent’’ to ‘‘0.009 percent’’ of total lead content by weight. Stated in equivalent terms to the lead content 

standard in section 101(a)(2), this translates to a reduction from 

600 ppm to 90 ppm. 

Paragraph (1)(C) directs the CPSC also to set the lead paint 

standard at .0009 milligrams per centimeter squared, an alternative measurement expressed as the amount of lead mass in a 

given surface area. This alternative measurement permits testing 

of paint on children’s products with x-ray fluorescence spectroscopy 

(XRF) technology, which is both quick and portable. XRF technology can be used outside laboratories onsite at ports or in stores 

to test the level of lead in paint. XRF technology can greatly aid 


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the CPSC’s efforts to inspect and enforce the paint levels on a vast 

array of toys and other children’s products. 

Paragraph (2) directs that the CPSC must review the standard 

in paragraph (1)(C) not later than three years after enactment to 

determine whether it is feasible to revise it to make it more protective. The Committee is aware that XRF technology is advancing 

and wants to ensure that it can and will be used to detect even 

lower levels of lead as soon as it is feasible to do so. 

Subsection (c) gives the CPSC authority to extend, by rule, the 

implementation period for the new lead standards in both subsections (a) and (b) for an additional 180 days. To grant an extension, the CPSC must determine that there would be no impact on 

public health and safety, and also that implementation within 180 

days would not be feasible, would be excessively costly, or that the 

agency would require additional time to implement standards and 

acquire the technology necessary to test and to enforce the new 

standards. 

This provision provides a mechanism for the CPSC, by rule, to 

grant limited exceptions for items that may, due to extenuating circumstances, be unable to reach the lead standard by the stated 

deadline. The Commission must determine that there will be no affect on health or safety from extending the implantation period. 

The Committee does not intend for CPSC to be able to establish 

blanket extensions for broad categories of products or for all products made by a manufacturer. This section is intended only to provide a modest time extension for manufacturers encountering unexpected challenges by the technical or technological issues for complying with the lead standard. The Committee expects that manufacturers will apply for waivers on a product-by-product or class-byclass basis, and that CPSC will evaluate each application individually to ensure that any extension will have no health or safety impact. 

Section 102. Mandatory third-party testing for certain children’s 

products 

Section 102 amends section 14 of the Consumer Product Safety 

Act to establish requirements for third-party testing and certification of certain children’s products. 

Subsection (a) establishes a new subsection under section 14 to 

require that within a year of enactment, every manufacturer of a 

children’s product subject to a rule or a safety standard under any 

of the acts enforced by the CPSC must have the product tested and 

certify that it conforms to the rule or standard. The testing requirement applies only to mandatory standards or rules. It does not 

apply to voluntary standards. Testing must be performed by either 

qualified independent third-party laboratories or certain proprietary laboratories that have been certified by the CPSC. 

Subsection (b) defines ‘‘children’s product’’ and ‘‘independent 

third party’’ as used in this section. The meaning of ‘‘children’s 

product’’ is identical to the meaning in section 101 for determining 

the application of that section’s lead limits. The term ‘‘independent 

third party’’ means a testing entity that is not owned, managed, directed, or controlled by the manufacturer of the product. Further, 

the independent testing facility must be accredited through a process established or recognized by the CPSC. The definition recogVerDate Aug 31 2005 01:12 Dec 22, 2007 Jkt 069006 PO 00000 Frm 00031 Fmt 6659 Sfmt 6602 E:\HR\OC\HR501.XXX HR501

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nizes the certifying organization that currently certifies art material products, as required under the Federal Hazardous Substances 

Act. 

Subsection (c) amends section 14 to set forth the process and 

standards for certifying proprietary laboratories to permit them to 

perform the mandatory testing and certification required under 

this section. The CPSC, or an organization to which the CPSC has 

delegated such authority, may certify such a laboratory to test and 

certify children’s products under certain conditions. One condition 

is that certification of the proprietary laboratory must provide 

equal or greater consumer safety protection. It is critical that the 

laboratory also must have established procedures to protect the integrity of test results and for confidential reporting of any undue 

influence, which might jeopardize the integrity of test results. The 

CPSC, or an organization to which the CPSC has delegated such 

authority, may decertify a proprietary laboratory if it finds, after 

an investigation, that a manufacturer or private labeler has exerted any undue influence on the laboratory or test results. The 

Committee intends that the CPSC and any designated organization 

should be vigilant in its oversight of proprietary laboratories and 

ensure that the laboratories and all personnel strictly adhere to the 

highest ethical standards. When the CPSC finds violations, the 

Committee expects the CPSC to investigate and decertify the proprietary laboratory. 

Subsection (d) makes technical changes to ensure that all rules 

and standards enforced by the CPSC under any of the acts the 

agency enforces are covered by the testing requirement. 

Section 103. Tracking labels for children’s products 

Section 103 amends section 14(a) of the Consumer Product Safety Act to require manufacturers to place distinguishing marks, to 

the extent feasible, on both children’s products and their packaging 

that specify the location and date of production of such products. 

In several instances of children’s product recalls during the summer of 2007, the Committee determined that certain manufacturers 

could not quickly ascertain the locations at which recalled products 

were manufactured. The Committee intends that section 103 will 

impose more stringent standards of responsibility upon manufacturers concerning their production processes and thereby aid in determining the origin of the product and the cause of the recall. 

In determining the feasibility of placing distinguishing marks on 

products—as opposed to their packaging—the Committee expects 

that manufacturers will give primary consideration to the product’s 

size. For example, the Committee would require a tracking label on 

the container for children’s building blocks, but not on the building 

blocks themselves. Similarly, for a board game, the manufacturer 

should put labels on the box and the board, but usually not on all 

the small pieces or cards that are part of the game. In contrast, the 

Committee expects that a manufacturer would place a tracking 

label on both the packaging for a crib and the crib itself. 

Section 104. Standards and consumer registration of durable nursery products 

Section 104 establishes safety standards and registration requirements for 12 defined ‘‘durable infant or toddler products,’’


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such as cribs, high chairs, and strollers—products that parents buy 

specifically to protect and care for infants and toddlers. 

Subsection (a) states that this section of the Act may be cited as 

the ‘‘Danny Keysar Child Product Safety Notification Act’’ to commemorate a 16-month-old child who died after becoming entrapped 

in a portable crib that had been recalled several years earlier for 

a safety hazard. 

Subsection (b) requires the CPSC to assess the effectiveness of 

existing voluntary safety standards that cover these products, 

which are defined and specified in subsection (d), and then to promulgate mandatory product safety standards for these products 

that are substantially the same or more stringent than the voluntary standards. In making this assessment, the CPSC is directed 

to consult with representatives of consumer groups, juvenile product manufacturers, and independent child product engineers. 

Paragraph (2) sets forth the timetable for conducting the rulemaking. The CPSC must begin the rulemaking within one year of 

the date of enactment. Thereafter, it must complete the rulemaking 

and promulgate a mandatory safety standard for at least 2 of the 

12 products every 6 months. The Committee leaves to the CPSC’s 

discretion the priority for promulgating the 12 mandatory standards. Once these rulemakings are completed, the CPSC must review them periodically to ensure that they provide the highest levels of safety feasible for these products. 

Subsection (c) requires that within one year of enactment, the 

CPSC must promulgate a consumer product safety rule pursuant 

to section 16(b) of the Consumer Product Safety Act (15 U.S.C. 

2065(b)) on recordkeeping requirements to enhance the effectiveness of recalls. The rule promulgated by the CPSC must require 

manufacturers of durable infant or toddler products to: • Provide a postage-paid registration form with each product; • Maintain a record of the names, addresses, e-mail addresses, and other contact information for the consumers who register their ownership of the products; and 

• Place permanently on each product the manufacturer 

name and contact information, model name and number, and 

the date of manufacture. 

Subparagraph (2) provides that the card must include the manufacturer’s name, the model name and number of the product, and 

space for the consumer to provide name, mailing address, telephone 

number, and e-mail address. The space provided for recording this 

information must be sufficiently large to permit easy, legible writing. The card also must provide an option for consumers to register 

through the Internet. The cards must be attached to the product 

in an obvious place and include a statement of the purpose (e.g., 

to aid in recalls) to encourage consumers to complete the registration process. Finally, the cards must include a statement that the 

information that the consumer provides will not be used for any 

other purpose except to facilitate a recall or safety alert involving 

the specific product. 

Subparagraph (3) requires manufacturers to maintain, for a period of six years after the date of manufacture of a product, a 

record of all information provided by registrants of that product, 

and to use the information to notify registrants in the event of a 


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voluntary or mandatory recall or a safety alert. Maintaining an ongoing business relationship with consumers through marketing and 

other uses of information has shown to be an effective way to keep 

up-to-date contact information. Manufacturers may not, however, 

use the information provided on registration cards—or disseminate 

it to any other party—for any other purpose than to alert consumers to recalls and product alerts. 

Subparagraph (4) requires the CPSC, no later than four years 

after the date of enactment of this legislation, to conduct a study 

on the effectiveness of the registration cards and whether such registration forms should be required for other children’s products to 

report its findings to Congress. 

Paragraph (d) sets forth the definition of ‘‘durable infant or toddler product’’. This term means a durable product intended for use 

by, or reasonably expected to be used by, children under the age 

of five years. The definition specifically applies to 12 enumerated 

products: • full-size or non-full-size cribs • toddler beds • high chairs, booster chairs, or hook-on chairs • bath seats • gates and other enclosures for confining a child • play yards • stationary activity centers • infant carriers • strollers • walkers • swings • bassinets and cradles 

Section 105. Labeling requirement for certain Internet and catalogue advertising of toys and games 

Section 105 amends section 24 of the Federal Hazardous Substances Act to require manufacturers of specified children’s products to include clear and conspicuous warnings about such products 

on or adjacent to advertisements in catalogues and on Internet 

sites that provide for a direct means for their sale. Further, the 

publication or distribution or any advertisement not in compliance 

with this requirement is a prohibited act under section 19 of the 

Consumer Product Safety Act. 

Within 180 days of enactment, the CPSC must, by rule, modify 

the size and placement requirements for cautionary statements in 

printed catalogues. When promulgating this rule, the Committee 

expects that the CPSC will take into account the relative sizes of 

the warnings and advertisements, respectively, and consider the 

possibility of permitting a general warning to be printed at the top 

of a catalogue’s page, (as opposed to specific warnings adjacent to 

individual product advertisements). For example, if a catalogue 

page contains only advertisements for hazardous children’s products (within the meaning of section 24 of the Federal Hazardous 

Substances Act), the CPSC may allow a single warning at the top 

of that page. 

Finally, under the rulemaking described above, the CPSC may 

also grant a grace period from the labeling requirement for catalogues printed prior to the effective date of this legislation. The 


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Committee would consider an exemption period of one year prior 

to enactment the maximum reasonable limit for this period. 

Section 106. Study of preventable injuries and deaths in minority 

children related to consumer products 

Section 106 directs the Comptroller General to complete a study 

to assess disparities of preventable injuries and deaths among minority children related to consumer products intended for children’s 

use. The Committee expects that the Comptroller General will 

make use of whatever data has been collected already by the CPSC 

on this matter. Moreover, section 106 directs that this study begin 

within 90 days of enactment and submitted to this Committee and 

the Senate Committee on Commerce, Science, and Transportation 

not later than one year after enactment. The Committee expects 

that this report will include recommendations for public outreach, 

awareness, and prevention campaigns directed specifically at minority populations, as well as make recommendations for education 

initiatives that may reduce disparities in injury rates. 

Section 107. Review of generally-applicable standards for toys 

Children’s toys must be as safe as possible. Section 107(a) directs 

the CPSC to examine the effectiveness of the current voluntary 

standard—ASTM-International standard F963–07—that governs a 

wide range of hazards, including strangulation, burns, and choking, 

that could be presented by toys. The CPSC must determine the 

scope, adherence to, and adequacy of the voluntary standard in 

protecting children from safety standards. 

Subsection (b) provides for a special focus on that standard as it 

relates to magnets included in toys, and a determination of whether that standard is effective to prevent intestinal blockages and 

perforation hazards cause by ingestion of magnets that are parts 

of toys. The Committee notes that toys with powerful magnets have 

caused serious injuries to several children over the past few years 

and even caused the death of one child. Since these incidents, the 

industry has adopted a voluntary standard covering magnets in 

toys. If the CPSC determines that there is substantial noncompliance with the voluntary standard on magnets, it must expedite a 

rulemaking to consider the adoption of a mandatory standard covering the related hazards. 

Finally, subsection (c) requires the CPSC within two years after 

enactment to report to Congress on the results of the agency’s assessment of compliance with, and the effectiveness of, the voluntary standard covering all toy hazards, and the feasibility of requiring manufacturers to pre-test and certify toys to it or more 

stringent standards. 

Title II—Consumer Product Safety Commission Reform 

Section 201. Reauthorization of the Commission 

Section 201 reauthorizes the CPSC for fiscal years 2009 through 

2011. Subsection (a) amends section 32(a) of the Consumer Product 

Safety Act to authorize appropriations for the CPSC in the 

amounts of $80 million, $90 million, and $100 million for fiscal 

years 2009, 2010, and 2011, respectively. Similarly, it amends section 32(b) to authorize $20 million to the CPSC for fiscal years 


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2009 through 2011 for making necessary capital improvements to 

the CPSC’s research, development, and testing facility. 

These authorization levels are designed to allow the CPSC to 

grow quickly but prudently and hire new staff both to meet its new 

responsibilities under this legislation and generally to perform the 

mission of the agency. To attract talented and experienced personnel, the Committee encourages the CPSC, as appropriate, to 

take advantage of available Federal employment authorities under 

Title 5, such as recruitment and retention bonuses and relocation 

costs. 

Subsection (b) requires the CPSC to submit a report to Congress 

within 180 days of enactment concerning its plans to allocate the 

funding authorized by section 201(a). The report must address specifically: 

• the number of full-time inspectors and other ‘‘full time 

equivalents’’ that the CPSC intends to employ; 

• the CPSC’s plan for risk assessment and inspection of imported consumer products; 

• an assessment of the feasibility of mandating bonds for serious hazards and repeat offenders, as well as CPSC inspection 

and certification of foreign third-party and proprietary testing 

facilities; and 

• the efforts of the Commission to reach and educate secondhand retailers and informal sellers about consumer product 

safety standards and product recalls, especially those relating 

to durable nursery products, such as cribs and strollers. 

The Committee intends to use this report as the basis for oversight hearings in the future, which, among other issues, will examine how best to improve the CPSC’s regulatory authority over imported consumer products. 

Section 202. Structure and quorum 

Section 202(a) extends the CPSC’s temporary quorum and permits two members of the Commission to constitute a quorum, provided they are not from the same political party. If the President 

nominates a Commissioner prior to August 3, 2008, the temporary 

quorum will continue through that date. If the President nominates 

a Commissioner after August 3, 2008, the temporary quorum would 

extend for an additional three months after the date of the nomination (giving the Senate time to act), or until February 3, 2009, 

whichever is earlier. 

Subsection (b) repeals the first proviso in the account under the 

heading ‘‘Consumer Product Safety Commission, Salaries and Expenses’’ in title III of Public Law 102–389, effective after fiscal year 

2010. This provision thereby repeals the three-Commissioner restriction under which the CPSC has been operating since the 

1980s. 

Section 203. Submission of copy of certain documents to Congress 

Section 203 requires the CPSC to comply with requirements 

under section 27(k) of the Consumer Product Safety Act and provide to Congress all of its budget submissions. It also directs the 

agency to submit to this Committee budget recommendations, legislative recommendations, testimony, and comments on legislation 


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submitted by the Commission to the President or the Office of 

Management and Budget. 

Subsection (b) amends section 3003(d) of Public Law 104–66 to 

reinstate the section 27(k) of the Consumer Product Safety Act, 

which had ceased to be effective in 1999 with respect to providing 

such materials to Congress. 

Section 204. Expedited rulemaking 

Section 204 grants the Commission the discretion to promulgate 

rules through a two-step process. Currently, the Commission must 

employ a three-step rulemaking process in all instances. This flexibility allows the Commission to expedite the promulgation of rules 

to enforce more efficiently the statutes under its jurisdiction. Subsection (a) covers the Consumer Product Safety Act, subsection (b) 

covers the Federal hazardous Substances Act, and subsection (c) 

covers the Flammable Fabrics Act. 

The Committee expects that the CPSC will use its discretion to 

continue to employ three-part rulemaking and begin the process 

with an Advanced Notice of Proposed Rulemaking when it is dealing with complex or novel issues. The Committee expects, however, 

that the CPSC will make use of two-part rulemaking when dealing 

with technical or relatively straightforward matters. 

Section 205. Public disclosure of information 

Section 205 of the bill amends section 6(b) of the Consumer Product Safety Act, which governs how the Commission discloses information about consumer products to the public. The general purpose 

of Section 6(b) is to ensure the accuracy and fairness of this information through a consultation process with the affected company. 

Section 205 amends section 6(b)(1) by shortening the time from 

30 to 15 days by which a manufacturer or private labeler must respond to the Commission’s notification that information about the 

company’s product will be released to the public. This original 30– day notice and comment period was established in the early 1970s, 

well before the advent of modern telecommunications and electronic mail. The shortened timeframe ensures that the CPSC may 

disclose relevant information to the public more quickly. Moreover, 

section 205 further amends section 6(b)(1) to allow the Commission, in the case of a public health or safety hazard posed by a 

product, to simply publish its finding (presumably on the Commission’s Web site) before disclosing the relevant information to the 

public. Currently, section 6(b)(1) requires the Commission to publish its finding in the Federal Register, which can needlessly delay 

the process for as long as five additional days. 

When publicly disclosing information furnished to the Commission under section 15(b) of the CPSA, which requires manufacturers, distributors, and retailers to inform the Commission of defective products that violate safety rules or otherwise pose a serious 

risk to the public, the Commission is governed by the cumbersome 

requirements of section 6(b)(5). Section 205 amends section 6(b)(5) 

by adding a ‘‘public health and safety’’ exception that permits immediate disclosure of information to the public. This new provision 

greatly enhances the Commission’s ability to protect the public by 

granting the agency authority to overcome statutory obstacles that 

have hampered past efforts to inform the public about hazardous 


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products. It is important to note that section 6(b)(3) of CPSA, 

which allows the affected company to seek an injunction against 

the release of information in Federal court, does not apply to section 6(b)(5) and the new health and safety exception. 

The Committee expects the CPSC to use this new disclosure authority fully to protect the public from health and safety hazards. 

With regard to disclosure of information pursuant to formal requests under the Freedom of Information Act, the Committee expects the Commission to respond to these requests promptly, especially once it has hired sufficient staff with the additional funding 

authorized under this legislation. Section 6(b) of the CPSA should 

not pose insurmountable obstacles to timely disclosure of accurate 

information on commercial products to the public, and past delays 

are unacceptable. Section 205 reflects the Committee’s concerns 

over these delays. The Committee expects the Commission to exercise this new disclosure authority and utilize these new resources 

in a manner that aggressively serves the well-being of consumers. 

Section 206. Publicly available information on incidents involving 

death or injury 

Section 206 gives the CPSC 180 days after the date of enactment 

to devise a detailed plan, complete with an implementation schedule and recommendations for any necessary legislation, for providing consumers with a user-friendly database containing information on incidents involving death and serious injury caused by consumer products. The database would build on the current Injury 

Information Clearinghouse maintained by the CPSC pursuant to 

section 5(a) and could include additional information, such as consumer complaints, hospital and medical reports, and warranty information. The database must take into account the protection of 

personal information. The plan also must include provision for a 

public awareness campaign to educate consumers about the database. 

The intent of this Committee is to not only examine how to make 

the National Injury Information Clearinghouse database more useful and accessible to consumers, including the goal of providing information that specifies the manufacturer and model of product, 

but to consider how to expand existing data sources to improve consumer accessibility. The goal of the CPSC should be to devise a 

database that can rapidly provide consumers with ‘early warning’

information about specific products that could pose serious safety 

hazards. Similar databases or resources already exist at the National Highway Traffic Safety Administration, the Food and Drug 

Administration and the Department of Transportation, and the 

Committee suggests that the Commission examine these and other 

Agency efforts, if applicable, when designing its own database. 

Section 207. Prohibition on stockpiling under other Commission-enforced statutes 

Section 207 amends section 9(g) of the CPSA to make it clear 

that companies are prohibited from stockpiling products that do not 

conform to new safety standards prior to their effective dates under 

all rules or standards promulgated under any of the statutes enforced by the Commission. The Committee believes that companies 

found to be in violation of this section (and thus, section 19 of the 


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CPSA) should be penalized harshly, particularly given the possible 

extension of the 180-day compliance period for lead standards for 

certain products, as provided under section 101(c) of this legislation. 

Section 208. Notification of noncompliance with any Commissionenforced statute 

Section 208 amends section 15(b) of the CPSA to add a sentence 

that limits the use of a report filed under section 15(b)(2) as the 

basis for a criminal prosecution in certain, narrow circumstances. 

The report may not be used as the sole basis for criminal prosecution under section 5 of the Federal Hazardous Substances Act, except for offenses which require a showing of intent to defraud or 

mislead. This provision is intended to provide assurances that the 

report itself would not be used as the sole basis for criminal prosecution under the part of section 5 that provides for strict liability 

for criminal enforcement without regard to any requirement of 

knowledge, intent, or willfulness. That part of section 5(a) providing for strict criminal liability states that ‘‘any person who violates one of the provisions of section 4 shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine of not 

more than $500 or to imprisonment for not more than ninety days, 

or both.’’ The Committee’s intent is to promote the timely, accurate, 

and complete disclosure of information that is necessary to protect 

public health and safety. 

Section 209. Enhanced recall authority and corrective action plan 

Section 209 enhances the CPSC’s authority in cases of mandatory recalls and also strengthens the agency’s ability to tailor corrective action plans that meet consumer needs. 

Subsection (a) amends section 15(c) of the Consumer Product 

Safety Act to increase the number of required actions that the 

Commission may order a manufacturer, retailer, or distributor to 

take in the event of a mandatory recall. Should the Commission determine that a product presents a substantial product hazard (after 

a public hearing) or concurrently declare a product an imminently 

hazardous consumer product, notify the manufacturer, and file an 

action under section 12 of the Consumer Product Safety Act, section 209(a) of H.R. 4040 permits the Commission to require one or 

more of the following actions of a manufacturer, retailer, or distributor in addition to those which already exist under section 

15(c): 

• cease distribution of the product; 

• 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; and 

• notify appropriate State and local public health officials. 

Furthermore, subsection (a) specifies that the Commission must rescind such an order if a district court determines that the product 

subject to the order is not an imminently hazardous consumer 

product. Lastly, the rescission of such a Commission order is not 

subject to a hearing under 5 U.S.C. 554. 

Subsection (b) amends Section 15(d) to require companies to submit a corrective action plan as promptly as practicable and subject 


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the plan to the approval of the Commission. The Commission must 

evaluate the plan’s appropriateness under the circumstances and, 

in turn, may order the company to amend the plan to render it 

more appropriate and effective. For example, a repair to a crib that 

immobilizes the drop-side feature would not be an appropriate remedy because it changes the crib’s functionality. The Committee believes that these new provisions will ensure that repairs or other 

remedies offered after a recall meet the needs of consumers and 

continue to provide the functionality that consumers expected when 

initially purchasing a product. If the product cannot be repaired to 

maintain its original functionality, then the only appropriate remedy might be to offer refunds to consumers. Subsection (a) authorizes the Commission to revoke the approval of a corrective action 

plan altogether if the Commission determines that a manufacturer, 

distributor, or retailer is not complying with the terms of the plan. 

Subsection (c) further amends Section 15 by adding a new subsection (i) requiring the CPSC by rule to set guidelines on a uniform class of information in mandatory recall notices under subsection (c) or (d) or under section 12 of the CPSA. The guidelines 

should include information helpful to consumers in identifying the 

specific product, understanding the hazard, and understanding the 

available remedy. The Committee expects that similar information 

will be provided, as applicable and to the greatest extent possible, 

in the notices issued in voluntary recalls. 

Section 210. Website notice, notice to third party internet sellers, 

and radio and television notice 

Section 210 amends section 15(c)(1) of the Consumer Product 

Safety Act to authorize the CPSC to require a company to provide 

notices of recalled products on Web sites and, when appropriate, to 

issue public announcements of such recalls on radio and television. 

Moreover, the CPSC may require the company to make such announcements in languages other than English if the agency determines that such an accommodation is necessary, given the targeted 

population. The Committee recognizes that underserved communities often have large immigrant populations that may not have 

access to the Internet. Such communities often receive information 

primarily from radio and television. Consequently, if the CPSC determines that such vulnerable populations are particularly at risk 

from a recalled product, the agency may order announcements over 

the public airwaves or other relevant media platforms to promote 

awareness and safety. 

Section 211. Inspection of certain proprietary laboratories 

Section 211 amends section 16(a)(1) of the Consumer Product 

Safety Act to authorize the CPSC personnel to enter and inspect 

any proprietary laboratories certified under section 14(e) of the 

Consumer Product Safety Act. The Committee makes clear that the 

Commission has the same right to inspect proprietary laboratories 

that it has to inspect factories, warehouses, or other establishments 

in order to implement and enforce statutes under its jurisdiction. 


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Section 212. Identification of manufacturer, importers, retailers, 

and distributors 

Section 212(a) amends section 16 of the Consumer Product Safety Act by adding subsection (c), which requires, upon the request 

of the Commission, every importer, retailer, or distributor of a consumer product or component thereof (over which the Commission 

has jurisdiction) to provide identifying information (including, but 

not limited to, the name and address) for the manufacturer of that 

product or component, to the extent that such information is available. 

Subsection (a) further amends section 16 of the Consumer Product Safety Act to require, upon the request of the Commission, 

every manufacturer of the products and components listed above to 

supply identifying information (including, but not limited to, the 

name and address) for each retailer or distributor to which the 

manufacturer supplied the product or applicable component thereof, each subcontractor involved in the production of such products 

and their components, as well as each subcontractor from which 

the manufacturer obtained components for an applicable consumer 

product. It is the intent of the Committee that the Commission will 

have the authority to request the information in sections 212(a) 

and 212(b) in order that it may investigate more thoroughly the 

source or sources of consumer product recalls. 

Subsection (b) amends section 17(g) of the Consumer Product 

Safety Act by requiring the Commission, by rule, to condition the 

importation of a consumer product on CPSC’s recordkeeping and 

inspection requirements under the Act. Section 212(b) also amends 

section 17(h)(2) to require the Commission to share information, 

data, violator lists, test results, and other support guidance and 

documents with Federal agencies with which it cooperates under 

the auspices of the permanent product surveillance program mandated under section 17(h)(1). Section 212(b) further amends section 

17(h)(2) of the Consumer Product Safety Act to condition the sharing of this information upon the confidentiality requirements described in section 6 of the Act. 

The Committee expects that the Commission will use the authority under this section to monitor imports of consumer products and 

control more effectively their entry into U.S. commerce. The Committee intends to hold oversight hearings on the Commission’s activities to ensure that unsafe consumer products are detected at 

ports of entry and denied entry into the United States. Lastly, the 

Committee expects that the Commission will terminate its agreement under section 17(h)(1) of the Consumer Product Safety Act 

upon discovery that a cooperating Federal agency violates the confidentiality requirements under section 6 of the Act. 

Section 213. Export of recalled and non-conforming products 

Section 213(a) amends section 18 of the Consumer Product Safety Act by adding subsection (c), which stipulates that a person may 

not export products that are not in conformity with U.S. consumer 

product safety rules, are subject to mandatory or voluntary recalls, 

are designated an imminent hazard to public health and safety, or 

are designated as a banned hazardous substance. A person may export such products in the event that the importing country notifies 

the Commission within 30 days that it will accept the products. 


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Thereafter, the Commission has the authority to take such action 

as is appropriate for the disposition of the product. 

Subsection (b) amends section 19(a)(10) of the Consumer Product 

Safety Act to make a violation of section 18(c) of the Act a prohibited act. A knowing violation of this prohibition would subject a 

person to civil penalties. 

Subsection (c) makes conforming amendments to section 5(b)(3) 

of the Federal Hazardous Substances Act and section 15 of the 

Flammable Fabrics Act in order to harmonize them with the export 

prohibition placed on certain products in section 213(a) of H.R. 

4040. 

The Committee intends that this section will curb export of consumer products that violate U.S. law and expects the Commission 

to exercise rigorous oversight in this area, particularly as relates 

to the enforcement of penalties for prohibited acts. 

Section 214. Prohibition on sale of recalled products 

Section 214 amends section 19(a) of the Consumer Product Safety Act to prohibit the sale, resale, manufacture, or importation of 

any consumer product that has been recalled, is a banned hazardous substance, or does not conform to safety standards. A knowing violation of this prohibition would subject a person to civil penalties. 

Section 215. Increased civil penalty 

Section 215 increases the cap on civil penalties. Subsection (a) in- creases the cap from $1.825 million to $10 million for violations of 

the Consumer Product Safety Act, the Flammable Fabrics Act, and 

the Federal Hazardous Substances Act. The increase is phased in 

over two years. Initially, the cap rises to $5 million as soon as 

CPSC issues interpretive guidance, or 360 days after enactment, 

whichever occurs first. The cap will then rise to $10 million 1 year 

after the first increase. 

Subsection (b) gives the CPSC more flexibility in determining the 

appropriate level of civil penalties that it levies on manufacturers, 

distributors, and retailers that violate the three statutes. Section 

215(b) expands the factors that the Commission must consider beyond the five specific factors to which the CPSC is currently limited. Furthermore, these factors are not exclusive. For example, 

while the CPSC currently is not permitted to consider whether a 

violator is a recidivist or a first-time offender, the amendments 

made by this section will permit that important consideration in 

assessing a penalty. Subsection (b) requires the Commission to 

issue regulations providing its interpretation of these new, restated 

penalty factors within one year of enactment. 

Section 216. Criminal penalties to include asset forfeiture 

Section 216 amends section 21 of the Consumer Product Safety 

Act to provide that criminal penalties for violations of any statute 

enforced by the Commission may include asset forfeitures. 

Section 217. Enforcement by State attorneys general 

State attorneys general serve an important and useful role as an 

enforcer of consumer product safety laws. Section 217 amends section 24 of the Consumer Product Safety Act to grant State attorVerDate Aug 31 2005 01:12 Dec 22, 2007 Jkt 069006 PO 00000 Frm 00042 Fmt 6659 Sfmt 6602 E:\HR\OC\HR501.XXX HR501

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neys general the same injunction authority under CPSA that they 

already have under the Federal Hazardous Substances Act and the 

Flammable Fabrics Act. A State attorney general may bring an action on behalf of the State’s residents to enforce a consumer product safety rule or an order under section 15 of the CPSA. Section 

217 requires the State attorney general to provide notice to the 

CPSC, the Attorney General of the United States, and the targeted 

defendant at least 30 days prior to the commencement of an action. 

Section 217, however, prohibits such State actions when a similar 

civil or criminal action has been commenced by the CPSC or U.S. 

Department of Justice. Section 217 provides that the courts may 

award the costs of the action, including reasonable attorney fees 

and expert witness fees. 

Section 218. Effect of rules on preemption 

Section 218 prevents the CPSC from expanding, contracting, or 

otherwise modifying the scope or nature of the preemption provisions under any of the statutes enforced by the agency. This prohibition applies to any part of a rule or regulation (including preambles) promulgated by the Commission. This section addresses 

concerns that the CPSC in recent years has attempted to circumvent Federal and State adjudication and imply the preemption 

of State common law rights of action. Specifically, in February of 

2006, the CPSC issued a rule on mattress flammability under the 

Flammable Fabrics Act (FFA). In the rule’s preamble, the CPSC 

declared that FFA’s preemption provisions affecting State ‘‘standards and other regulations’’ also affected all State ‘‘legal requirements’’ including common law standards. Not only did this advisory 

opinion depart from the plainly stated language of the statute, but 

it departed from the CPSC’s accepted standard practice of simply 

listing the preemption provisions of the governing statute and leaving the interpretation of those provisions to the courts. As such, 

this preamble should not be afforded any deference by State or 

Federal courts. 

Tort actions based on negligence are predicated on procedures 

and standards developed over hundreds of years of American and 

English jurisprudence. The preemption provisions of the statutes 

under the jurisdiction of the CPSC are clear, and State common 

law actions and standards are not preempted. The Committee does 

not believe it is proper for the CPSC to issue advisory opinions (in 

regulatory preambles or otherwise) that attempt to alter the scope 

of those provisions. Instead, the Committee believes that such matters are best left with the courts. 

Section 219. Sharing of information with Federal, State, local, and 

foreign government agencies 

Section 219 amends section 29 of the Consumer Product Safety 

Act to add a new subsection (f), which allows the CPSC, consistent 

with requirements under section 6, to share information obtained 

under the Act with other Federal, State, local, and foreign agencies. 

The CPSC must have memoranda of understanding or written certifications with these other agencies to ensure that such information will be kept confidential. The CPSC may share this information with other agencies if: 

• the agency has legal authority to maintain in confidence; 


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• the materials will be used in the investigations or enforcement proceedings concerning possible violations of laws that 

are substantially similar to those enforced by the CPSC; laws 

actually administered by the CPSC; other foreign criminal 

laws, with the approval of the Attorney General for a foreign 

law enforcement agency; and • the foreign agency is not from a state that has been determined to have provided repeated support for acts of international terrorism, in accordance with section 6(j) of the Export Administration Act of 1979. 

Significantly, section 29, as amended by Section 219, will allow 

the Commission to terminate agreements with other domestic and 

foreign agencies if those agencies have failed to keep shared information confidential or have used the information for purposes other 

than those set out in written agreements. It also provides that the 

CPSC will not be required under provisions of the Freedom of Information Act to disclose any material obtained from a foreign government agency if that agency has requested that the information 

be kept confidential or that the information reflects a consumer 

complaint submitted to a Commission reporting mechanism that is 

sponsored in part by foreign government agencies. The Commission, however, is not authorized to withhold information from Congress or prevent the Commission from complying with a U.S. court 

order in an action commenced by the United States or the Commission. 

Finally, section 219 requires that, in the event of voluntary recalls or a Commission order pursuant to section 15(c) or (d) of the 

Consumer Product Safety Act, the Commission shall notify each 

State’s health department or other agency designated by the State 

of the recall or order. 

The Committee expects that the CPSC will work closely in the 

future with State and local agencies to disseminate information 

concerning product recalls and enforcement actions. The Committee 

believes that cooperation with State and local agencies is an effective means for meeting the Commission’s mission to protect the 

public health and safety. Moreover, and in light of the large international market for consumer products, the Committee believes 

that the CPSC would benefit from further cooperation with foreign 

government agencies, particularly those from the European Union 

and the People’s Republic of China. The Committee expects that 

the CPSC will revisit and renegotiate, where necessary, existing 

memoranda of understanding with foreign governments and negotiate new agreements with other governments as necessary. 

Section 220. Inspector General authority and accessibility 

Section 220(a) is aimed at strengthening and improving the resources available to the CPSC’s Office of Inspector General to ensure effective oversight of the CPSC as the agency receives anticipated significant increases in funding, adds new staff, and takes on 

new responsibilities. To this end, the Committee intends to hold 

oversight hearings in the future concerning the CPSC’s Office of 

the Inspector General—with the reports in section 220(a) and 

220(b) as their basis—in order to determine the role and 

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tively. The Committee believes that effective oversight of waste, 

fraud, and abuse is critical to an agency’s ability to carry out its 

statutorily mandated duties. 

Subsection (a) requires that the Commission’s Office of the Inspector General, within 60 days of enactment, report to Congress 

concerning the office’s activities, any structural barriers to its ability to complete its mission, and the additional authority or resources—if any—necessary to facilitate oversight. 

Subsection (b) directs the Commission’s Office of the Inspector 

General to submit a report to Congress within one year of enactment about its reviews of both the employee complaint process and 

the way in which corrective action plans are negotiated. 

Finally, subsection (c) requires that the Commission’s Office of 

the Inspector General establish within 30 days of enactment a link 

on the CPSC’s Web site to facilitate the filing of anonymous complaints (from either inside or outside the agency) regarding any 

waste, fraud, or abuse involving CPSC activities. 

Section 221. Repeal 

Section 221 repeals section 30(d), which requires the CPSC to 

take action under the other statutes it enforces (the Federal Hazardous Substances Act, the Flammable Fabrics Act, and the Poison 

Prevention Packaging Act) unless it finds by rule that it is in the 

public interest to proceed under the CPSA instead. Because many 

of the new provisions require the CPSC to act under the CPSA, the 

repeal of this section will ensure that such activity will not be delayed by the necessity of a threshold rulemaking. 

Section 222. Industry-sponsored travel ban 

Section 222 amends the Consumer Product Safety Act by adding 

section 38, ‘‘Prohibition on Industry-Sponsored Travel.’’ Section 222 

bars Commissioners and staff from accepting so-called gift travel. 

Specifically, this section prohibits Commissioners and staff from accepting payment or reimbursement for travel, subsistence, and related expenses with respect to attendance at meetings or events relating to their official duties from persons seeking official action 

from, doing business with, or conducting activities regulated by the 

Commission or whose interests may be substantially affected by a 

Commissioner or employee’s performance (or nonperformance) of official duties. 

Section 222 also includes an authorization of $1.2 million for 

each of fiscal years 2009 through 2011 necessary for travel and 

lodging expenses necessary in furtherance of the official duties of 

Commissioners and employees. 

Given recent press reports concerning industry-funded travel of 

CPSC officials in the past, the Committee finds it prudent to apply 

this ban on privately-funded travel upon the Commission. But to 

ensure that Commissioners and employees have sufficient funds to 

pay for travel pertaining to or required for their duties, this section 

provides for a specific travel authorization that should be sufficient 

to meet appropriate travel needs. 

Section 223. Annual reporting requirement 

Section 223 amends section 27(j) to require the CPSC to file an 

annual report on the number and summary of recall orders under 


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section 12 and 15 and a summary of the voluntary recall actions, 

including an assessment of these orders and actions. These reports 

are intended to help Congress, stakeholders, and the CPSC itself 

to assess the effectiveness of recall activities. 

Section 224. Study on the effectiveness of authority relating to imported products 

Section 224 directs the Commission to submit to Congress within 

nine months of enactment a study on the effectiveness of section 

17(a) of the Consumer Product Safety Act. This study must include 

the Commission’s recommendations about additional authority it 

may need (and appropriate legislation to authorize it) to stop unsafe consumer products from entering the United States. This 

study will serve as background for future Committee hearings on 

import safety. 

SPECIAL ISSUES

This legislation contains no title relating to single-product issues. 

The Committee believes that consumers are best served by keeping 

this bill focused on the daunting task of reforming the CPSC. Nevertheless, the Committee shares the concern that certain single 

products require tighter regulations and standards. Many of these 

issues were raised by Members of the Committee in colloquys or 

discussions of amendments that were offered and withdrawn. 

In that regard, the Committee is concerned that the current approach to all-terrain vehicle (ATV) safety is not working. In 2003, 

the CPSC issued the latest in a long line of studies documenting 

the dramatic increase in ATV injuries and deaths. The American 

Academy of Pediatricians advises that the situation continues to 

worsen, particularly as to children. Adding to this problem is the 

growing volume of imports, most of which do not comply with key 

elements of the applicable ANSI/SVIA voluntary standard. The 

record indicates that no Chinese manufacturer has provided the 

CPSC with a voluntary undertaking or action plan committing to 

provide standardized CPSC-approved safety information or free 

training with incentives, or to monitor retailers for compliance with 

ATV age-related sales restrictions. This situation begs for enforcement of a mandatory standard. The Committee therefore directs 

the CPSC to proceed expeditiously to issue a final rule in its proceeding entitled ‘‘Standards for All-Terrain Vehicles and Ban of 

Three-Wheeled All Terrain Vehicles.’’ In developing the final rule, 

the CPSC shall give special attention to a categorization scheme 

that is most instructive to parents and guardians in making a safe 

purchase, and that addresses the ability of children of different 

ages to operate safely each category of ATV suitable for operation 

by children. 

The Committee also directs the CPSC 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 shall include recommendations for effective use and maintenance of smoke alarms. 

The Committee also directs the CPSC to issue a final rule in its 

proceeding entitled ‘‘Safety Standard for Cigarette Lighters’’ for 


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which the Commission issued an advance notice of proposed rulemaking on April 11, 2005 (70 Fed. Reg. 18339). 

The Committee believes that the CPSC, in the course of implementing the legislation’s provisions related to lead, should take the 

necessary steps to examine whether the CPSC should issue a consumer product safety rule requiring any ceramic product, such as 

a plate, dish, bowl or other container, intended for use with food 

that contains any lead bear a warning label stating ‘‘THIS PRODUCT MAY CONTAIN LEAD.’’ The Committee also directs the CPSC 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 CPSC 

determines that it has the appropriate authority to regulate such 

products, the Committee directs the CPSC to undertake a rulemaking regarding the use of lead and lead paint in household pet 

toys. 

The Committee also has been informed of tipping dangers presented by furniture, ovens and other large appliances, and television sets. In order to help stem these preventable accidents and 

injuries, the Committee directs the CPSC to look into these matters, and, where appropriate, to require stabilizing mechanisms 

such as braces, clear and conspicuous warning labels, and to make 

available on its Internet Web site recommendations on tipover prevention. 

Lastly, the Committee requests that the CPSC conduct a study 

of injuries and deaths related to toy guns, and consider the adoption of a consumer product safety rule that provides for distinctive 

marking of toy guns to distinguish them from actual firearms. 

The Committee intends for the CPSC to give priority to the effective implementation of Title I and II of H.R. 4040. Nonetheless, the 

Committee requests that these additional matters also be given 

consideration, and notes that it intends to check on their status at 

appropriate intervals to make sure that they are accomplished with 

reasonable diligence. 

The Committee also notes that it was made aware late in the 

process of two other possible dangers regarding toxic toys, 

phthalates and asbestos. It intends to address these important 

issues in subsequent hearings and legislation. 

Æ 


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