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[110th Congress Public Law 314]
[From the U.S. Government Printing Office]

[DOCID: f:publ314.110]

[[Page 3015]]

             CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF 2008

[[Page 122 STAT. 3016]]

Public Law 110-314
110th Congress

                                 An Act

 
    To establish consumer product safety standards and other safety 
 requirements for children's products and to reauthorize and modernize 
 the Consumer Product Safety Commission. <<NOTE: Aug. 14, 2008 -  [H.R. 
                                4040]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Consumer Product Safety 
Improvement Act of 2008. Commerce and trade. 15 USC 2051 
note.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Consumer Product 
Safety Improvement Act of 2008''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. Authority to issue implementing regulations.

                   TITLE I--CHILDREN'S PRODUCT SAFETY

Sec. 101. Children's products containing lead; lead paint rule.
Sec. 102. Mandatory third party testing for certain children's products.
Sec. 103. Tracking labels for children's products.
Sec. 104. Standards and consumer registration of durable nursery 
           products.
Sec. 105. Labeling requirement for advertising toys and games.
Sec. 106. Mandatory toy safety standards.
Sec. 107. Study of preventable injuries and deaths in minority children 
           related to consumer products.
Sec. 108. Prohibition on sale of certain products containing specified 
           phthalates.

           TITLE II--CONSUMER PRODUCT SAFETY COMMISSION REFORM

                 Subtitle A--Administrative Improvements

Sec. 201. Reauthorization of the Commission.
Sec. 202. Full Commission requirement; interim quorum; personnel.
Sec. 203. Submission of copy of certain documents to Congress.
Sec. 204. Expedited rulemaking.
Sec. 205. Inspector general audits and reports.
Sec. 206. Industry-sponsored travel ban.
Sec. 207. Sharing of information with Federal, State, local, and foreign 
           government agencies.
Sec. 208. Employee training exchanges.
Sec. 209. Annual reporting requirement.

               Subtitle B--Enhanced Enforcement Authority

Sec. 211. Public disclosure of information.
Sec. 212. Establishment of a public consumer product safety database.
Sec. 213. Prohibition on stockpiling under other Commission-enforced 
           statutes.
Sec. 214. Enhanced recall authority and corrective action plans.
Sec. 215. Inspection of firewalled conformity assessment bodies; 
           identification of supply chain.
Sec. 216. Prohibited acts.
Sec. 217. Penalties.
Sec. 218. Enforcement by State attorneys general.
Sec. 219. Whistleblower protections.

[[Page 122 STAT. 3017]]

              Subtitle C--Specific Import-Export Provisions

Sec. 221. Export of recalled and non-conforming products.
Sec. 222. Import safety management and interagency cooperation.
Sec. 223. Substantial product hazard list and destruction of 
           noncompliant imported products.
Sec. 224. Financial responsibility.
Sec. 225. Study and report on effectiveness of authorities relating to 
           safety of imported consumer products.

     Subtitle D--Miscellaneous Provisions and Conforming Amendments

Sec. 231. Preemption.
Sec. 232. All-terrain vehicle standard.
Sec. 233. Cost-benefit analysis under the Poison Prevention Packaging 
           Act of 1970.
Sec. 234. Study on use of formaldehyde in manufacturing of textile and 
           apparel articles.
Sec. 235. Technical and conforming changes.
Sec. 236. Expedited judicial review.
Sec. 237. Repeal.
Sec. 238. Pool and Spa Safety Act technical amendments.
Sec. 239. Effective dates and Severability.

SEC. 2. REFERENCES.

    (a) <<NOTE: 15 USC 2051 note.>>  Defined Terms.--As used in this 
Act--
            (1) the term ``appropriate Congressional committees'' means 
        the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate; and
            (2) the term ``Commission'' means the Consumer Product 
        Safety Commission.

    (b) Consumer Product Safety Act.--Except as otherwise expressly 
provided, whenever in this Act an amendment is expressed as an amendment 
to a section or other provision, the reference shall be considered to be 
made to a section or other provision of the Consumer Product Safety Act 
(15 U.S.C. 2051 et seq.).
SEC. 3. <<NOTE: 15 USC 2051 note.>>  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. <<NOTE: 15 USC 1278a.>>  CHILDREN'S PRODUCTS CONTAINING 
                        LEAD; LEAD PAINT RULE.

    (a) General Lead Ban.--
            (1) Treatment as a banned hazardous substance.--Except as 
        expressly provided in subsection (b) beginning on the dates 
        provided in paragraph (2), any children's product (as defined in 
        section 3(a)(16) of the Consumer Product Safety Act (15 U.S.C. 
        2052(a)(16))) that contains more lead than the limit established 
        by paragraph (2) shall be treated as a banned hazardous 
        substance under the Federal Hazardous Substances Act (15 U.S.C. 
        1261 et seq.).
            (2) <<NOTE: Effective dates.>>  Lead limit.--
                    (A) 600 parts per million.--Except as provided in 
                subparagraphs (B), (C), (D), and (E), beginning 180 days 
                after the date of enactment of this Act, the lead limit 
                referred to in paragraph (1) is 600 parts per million 
                total lead content by weight for any part of the 
                product.
                    (B) 300 parts per million.--Except as provided by 
                subparagraphs (C), (D), and (E), beginning on the date

[[Page 122 STAT. 3018]]

                that is 1 year after the date of enactment of this Act, 
                the lead limit referred to in paragraph (1) is 300 parts 
                per million total lead content by weight for any part of 
                the product.
                    (C) 100 parts per million.--
                Except <<NOTE: Applicability.>>  as provided in 
                subparagraphs (D) and (E), beginning on the date that is 
                3 years after the date of enactment of this Act, 
                subparagraph (B) shall be applied by substituting ``100 
                parts per million'' for ``300 parts per million'' unless 
                the Commission determines that a limit of 100 parts per 
                million is not technologically feasible for a product or 
                product category. The Commission may make such a 
                determination only after notice and a hearing and after 
                analyzing the public health protections associated with 
                substantially reducing lead in children's products.
                    (D) Alternate reduction of limit.--If the Commission 
                determines under subparagraph (C) that the 100 parts per 
                million limit is not technologically feasible for a 
                product or product category, the Commission shall, by 
                regulation, establish an amount that is the lowest 
                amount of lead, lower than 300 parts per million, the 
                Commission determines to be technologically feasible to 
                achieve for that product or product category. The amount 
                of lead established by the Commission under the 
                preceding sentence shall be substituted for the 300 
                parts per million limit under subparagraph (B) beginning 
                on the date that is 3 years after the date of enactment 
                of this Act.
                    (E) Periodic review and further reductions.--The 
                Commission shall, based on the best available scientific 
                and technical information, periodically review and 
                revise downward the limit set forth in this subsection, 
                no less frequently than every 5 years after promulgation 
                of the limit under subparagraph (C) or (D) to require 
                the lowest amount of lead that the Commission determines 
                is technologically feasible to achieve. The amount of 
                lead established by the Commission under the preceding 
                sentence shall be substituted for the lead limit in 
                effect immediately before such revision.

    (b) Exclusion of Certain Materials or Products and Inaccessible 
Component Parts.--
            (1) Certain products or materials.--The Commission may, by 
        regulation, exclude a specific product or material from the 
        prohibition in subsection (a) if the Commission, after notice 
        and a hearing, determines on the basis of the best-available, 
        objective, peer-reviewed, scientific evidence that lead in such 
        product or material will neither--
                    (A) result in the absorption of any lead into the 
                human body, taking into account normal and reasonably 
                foreseeable use and abuse of such product by a child, 
                including swallowing, mouthing, breaking, or other 
                children's activities, and the aging of the product; nor
                    (B) have any other adverse impact on public health 
                or safety.
            (2) Exception for inaccessible component parts.--
                    (A) In general.--The limits established under 
                subsection (a) shall not apply to any component part of 
                a children's product that is not accessible to a child 
                through

[[Page 122 STAT. 3019]]

                normal and reasonably foreseeable use and abuse of such 
                product, as determined by the Commission. A component 
                part is not accessible under this subparagraph if such 
                component part is not physically exposed by reason of a 
                sealed covering or casing and does not become physically 
                exposed through reasonably foreseeable use and abuse of 
                the product. Reasonably foreseeable use and abuse shall 
                include to, swallowing, mouthing, breaking, or other 
                children's activities, and the aging of the product.
                    (B) Inaccessibility proceeding.--
                Within <<NOTE: Deadline.>>  1 year after the date of 
                enactment of this Act, the Commission shall promulgate a 
                rule providing guidance with respect to what product 
                components, or classes of components, will be considered 
                to be inaccessible for purposes of subparagraph (A).
                    (C) Application pending cpsc guidance.--Until the 
                Commission promulgates a rule pursuant to subparagraph 
                (B), the determination of whether a product component is 
                inaccessible to a child shall be made in accordance with 
                the requirements laid out in subparagraph (A) for 
                considering a component to be inaccessible to a child.
            (3) Certain barriers disqualified.--For purposes of this 
        subsection, paint, coatings, or electroplating may not be 
        considered to be a barrier that would render lead in the 
        substrate inaccessible to a child, or to prevent absorption of 
        any lead into the human body, through normal and reasonably 
        foreseeable use and abuse of the product.
            (4) Certain electronic devices.--If the Commission 
        determines that it is not technologically feasible for certain 
        electronic devices, including devices containing batteries, to 
        comply with subsection (a), the Commission, by regulation, 
        shall--
                    (A) <<NOTE: Requirements.>>  issue requirements to 
                eliminate or minimize the potential for exposure to and 
                accessibility of lead in such electronic devices, which 
                may include requirements that such electronic devices be 
                equipped with a child-resistant cover or casing that 
                prevents exposure to and accessibility of the parts of 
                the product containing lead; and
                    (B) establish a schedule by which such electronic 
                devices shall be in full compliance with the limits in 
                subsection (a), unless the Commission determines that 
                full compliance will not be technologically feasible for 
                such devices within a schedule set by the Commission.
            (5) Periodic review.--The <<NOTE: Deadline.>>  Commission 
        shall, based on the best available scientific and technical 
        information, periodically review and revise the regulations 
        promulgated pursuant to this subsection no less frequently than 
        every 5 years after the first promulgation of a regulation under 
        this subsection to make them more stringent and to require the 
        lowest amount of lead the Commission determines is 
        technologically feasible to achieve.

    (c) Application With ASTM F963.--To the extent that any regulation 
promulgated by the Commission under this section (or any section of the 
Consumer Product Safety Act or any other Act enforced by the Commission, 
as such Acts are affected by this section) is inconsistent with the ASTM 
F963 standard, such

[[Page 122 STAT. 3020]]

promulgated regulation shall supersede the ASTM F963 standard to the 
extent of the inconsistency.
    (d) Technological Feasibility Defined.--For purposes of this 
section, a limit shall be deemed technologically feasible with regard to 
a product or product category if--
            (1) a product that complies with the limit is commercially 
        available in the product category;
            (2) technology to comply with the limit is commercially 
        available to manufacturers or is otherwise available within the 
        common meaning of the term;
            (3) industrial strategies or devices have been developed 
        that are capable or will be capable of achieving such a limit by 
        the effective date of the limit and that companies, acting in 
        good faith, are generally capable of adopting; or
            (4) alternative practices, best practices, or other 
        operational changes would allow the manufacturer to comply with 
        the limit.

    (e) Pending Rulemaking Proceedings To Have No Effect.--The pendency 
of a rulemaking proceeding to consider--
            (1) a delay in the effective date of a limit or an alternate 
        limit under this section related to technological feasibility,
            (2) an exception for certain products or materials or 
        inaccessibility guidance under subsection (b) of this section, 
        or
            (3) any other request for modification of or exemption from 
        any regulation, rule, standard, or ban under this Act or any 
        other Act enforced by the Commission,

shall not delay the effect of any provision or limit under this section 
nor shall it stay general enforcement of the requirements of this 
section.
    (f) More Stringent Lead Paint Ban.--
            (1) In general.--Effective <<NOTE: Effective date.>>  on the 
        date that is 1 year after the date of enactment of this Act, the 
        Commission shall modify section 1303.1 of its regulations (16 
        C.F.R. 1301.1) by substituting ``0.009 percent'' for ``0.06 
        percent'' in subsection (a) of that section.
            (2) Periodic review and reduction.--The <<NOTE: Deadline.>>  
        Commission shall, no less frequently than every 5 years after 
        the date on which the Commission modifies the regulations 
        pursuant to paragraph (1), review the limit for lead in paint 
        set forth in section 1303.1 of title 16, Code of Federal 
        Regulations (as revised by paragraph (1)), and shall by 
        regulation revise downward the limit to require the lowest 
        amount of lead that the Commission determines is technologically 
        feasible to achieve.
            (3) Methods for screening lead in small painted areas.--In 
        order to provide for effective and efficient enforcement of the 
        limit set forth in section 1303.1 of title 16, Code of Federal 
        Regulations, the Commission may rely on x-ray fluorescence 
        technology or other alternative methods for measuring lead in 
        paint or other surface coatings on products subject to such 
        section where the total weight of such paint or surface coating 
        is no greater than 10 milligrams or where such paint or surface 
        coating covers no more than 1 square centimeter of the surface 
        area of such products. Such alternative methods for measurement 
        shall not permit more than 2 micrograms of lead in a total 
        weight of 10 milligrams or less of paint or other surface 
        coating or in a surface area of 1 square centimeter or less.

[[Page 122 STAT. 3021]]

            (4) Alternative methods of measuring lead in paint 
        generally.--
                    (A) Study.--Not <<NOTE: Deadline.>>  later than 1 
                year after the date of enactment of this Act, the 
                Commission shall complete a study to evaluate the 
                effectiveness, precision, and reliability of x-ray 
                fluorescence technology and other alternative methods 
                for measuring lead in paint or other surface coatings 
                when used on a children's product or furniture article 
                in order to determine compliance with part 1303 of title 
                16, Code of Federal Regulations, as modified pursuant to 
                this subsection.
                    (B) Rulemaking.--If the Commission determines, based 
                on the study in subparagraph (A), that x-ray 
                fluorescence technology or other alternative methods for 
                measuring lead in paint are as effective, precise, and 
                reliable as the methodology used by the Commission for 
                compliance determinations prior to the date of enactment 
                of this Act, the Commission may promulgate regulations 
                governing the use of such methods in determining the 
                compliance of products with part 1303 of title 16, Code 
                of Federal Regulations, as modified pursuant to this 
                subsection. Any regulations promulgated by the 
                Commission shall ensure that such alternative methods 
                are no less effective, precise, and reliable than the 
                methodology used by the Commission prior to the date of 
                enactment of this Act.
            (5) Periodic review.--The <<NOTE: Deadline.>>  Commission 
        shall, no less frequently than every 5 years after the 
        Commission completes the study required by paragraph (4)(A), 
        review and revise any methods for measurement utilized by the 
        Commission pursuant to paragraph (3) or pursuant to any 
        regulations promulgated under paragraph (4) to ensure that such 
        methods are the most effective methods available to protect 
        children's health. The Commission shall conduct an ongoing 
        effort to study and encourage the further development of 
        alternative methods for measuring lead in paint and other 
        surface coating that can effectively, precisely, and reliably 
        detect lead levels at or below the level set forth in part 1303 
        of title 16, Code of Federal Regulations, or any lower level 
        established by regulation.
            (6) No effect on legal limit.--Nothing in paragraph (3), nor 
        reliance by the Commission on any alternative method of 
        measurement pursuant to such paragraph, nor any rule prescribed 
        pursuant to paragraph (4), nor any method established pursuant 
        to paragraph (5) shall be construed to alter the limit set forth 
        in section 1303 of title 16, Code of Federal Regulations, as 
        modified pursuant to this subsection, or provide any exemption 
        from such limit.
            (7) Construction.--Nothing in this subsection shall be 
        construed to affect the authority of the Commission or any other 
        person to use alternative methods for detecting lead as a 
        screening method to determine whether further testing or action 
        is needed.

    (g) Treatment as a Regulation Under the FHSA.--Any ban imposed by 
subsection (a) or rule promulgated under subsection (a) or (b) of this 
section, and section 1303.1 of title 16, Code of Federal Regulations (as 
modified pursuant to subsection (f)(1) or (2)), or any successor 
regulation, shall be considered a regulation of the Commission 
promulgated under or for the enforcement of

[[Page 122 STAT. 3022]]

section 2(q) of the Federal Hazardous Substances Act (15 U.S.C. 
1261(q)).
SEC. 102. MANDATORY THIRD PARTY TESTING FOR CERTAIN CHILDREN'S 
                        PRODUCTS.

    (a) Mandatory and Third Party Testing.--
            (1) General conformity certification.--
                    (A) Amendment.--Paragraph (1) of section 14(a) (15 
                U.S.C. 2063(a)) is amended to read as follows:
            ``(1) General conformity certification.--Except as provided 
        in paragraphs (2) and (3), every manufacturer of a product which 
        is subject to a consumer product safety rule under this Act or 
        similar rule, ban, standard, or regulation under any other Act 
        enforced by the Commission and which is imported for consumption 
        or warehousing or distributed in commerce (and the private 
        labeler of such product if such product bears a private label) 
        shall issue a certificate which--
                    ``(A) shall certify, based on a test of each product 
                or upon a reasonable testing program, that such product 
                complies with all rules, bans, standards, or regulations 
                applicable to the product under this Act or any other 
                Act enforced by the Commission; and
                    ``(B) shall specify each such rule, ban, standard, 
                or regulation applicable to the product.''.
                    (B) <<NOTE: 15 USC 2063 note.>>  Effective date.--
                The amendment made by subparagraph (A) shall take effect 
                90 days after the date of enactment of this Act.
            (2) Third party testing requirement.--Section 14(2) (15 
        U.S.C. 2063(2)) is further amended by redesignating paragraph 
        (2) as paragraph (4) and inserting after paragraph (1) the 
        following:
            ``(2) Third party testing requirement.--Effective on the 
        dates provided in paragraph (3), before importing for 
        consumption or warehousing or distributing in commerce any 
        children's product that is subject to a children's product 
        safety rule, every manufacturer of such children's product (and 
        the private labeler of such children's product if such 
        children's product bears a private label) shall--
                    ``(A) submit sufficient samples of the children's 
                product, or samples that are identical in all material 
                respects to the product, to a third party conformity 
                assessment body accredited under paragraph (3) to be 
                tested for compliance with such children's product 
                safety rule; and
                    ``(B) <<NOTE: Certification.>>  based on such 
                testing, issue a certificate that certifies that such 
                children's product complies with the children's product 
                safety rule based on the assessment of a third party 
                conformity assessment body accredited to conduct such 
                tests.
        A manufacturer or private labeler shall issue either a separate 
        certificate for each children's product safety rule applicable 
        to a product or a combined certificate that certifies compliance 
        with all applicable children's product safety rules, in which 
        case each such rule shall be specified.
            ``(3) Schedule for implementation of third party testing.--
                    ``(A) <<NOTE: Notice.>>  General application.--
                Except as provided under subparagraph (F), the 
                requirements of paragraph (2) shall

[[Page 122 STAT. 3023]]

                apply to any children's product manufactured more than 
                90 days after the Commission has established and 
                published notice of the requirements for accreditation 
                of third party conformity assessment bodies to assess 
                conformity with a children's product safety rule to 
                which such children's product is subject.
                    ``(B) <<NOTE: Deadlines. Notices.>>  Time line for 
                accreditation.--
                          ``(i) Lead paint.--Not later than 30 days 
                      after the date of enactment of the Consumer 
                      Product Safety Improvement Act of 2008, the 
                      Commission shall publish notice of the 
                      requirements for accreditation of third party 
                      conformity assessment bodies to assess conformity 
                      with part 1303 of title 16, Code of Federal 
                      Regulations.
                          ``(ii) Full-size cribs; non full-size cribs; 
                      pacifiers.--Not later than 60 days after the date 
                      of enactment of the Consumer Product Safety 
                      Improvement Act of 2008, the Commission shall 
                      publish notice of the requirements for 
                      accreditation of third party conformity assessment 
                      bodies to assess conformity with parts 1508, 1509, 
                      and 1511 of such title.
                          ``(iii) Small parts.--Not later than 90 days 
                      after the date of enactment of the Consumer 
                      Product Safety Improvement Act of 2008, the 
                      Commission shall publish notice of the 
                      requirements for accreditation of third party 
                      conformity assessment bodies to assess conformity 
                      with part 1501 of such title.
                          ``(iv) Children's metal jewelry.--Not later 
                      than 120 days after the date of enactment of the 
                      Consumer Product Safety Improvement Act of 2008, 
                      the Commission shall publish notice of the 
                      requirements for accreditation of third party 
                      conformity assessment bodies to assess conformity 
                      with the requirements of section 101(a)(2) of such 
                      Act with respect to children's metal jewelry.
                          ``(v) Baby bouncers, walkers, and jumpers.--
                      Not later than 210 days after the date of 
                      enactment of the Consumer Product Safety 
                      Improvement Act of 2008, the Commission shall 
                      publish notice of the requirements for 
                      accreditation of third party conformity assessment 
                      bodies to assess conformity with parts 
                      1500.18(a)(6) and 1500.86(a) of such title.
                          ``(vi) All other children's product safety 
                      rules.--The Commission shall publish notice of the 
                      requirements for accreditation of third party 
                      conformity assessment bodies to assess conformity 
                      with other children's product safety rules at the 
                      earliest practicable date, but in no case later 
                      than 10 months after the date of enactment of the 
                      Consumer Product Safety Improvement Act of 2008, 
                      or, in the case of children's product safety rules 
                      established or revised 1 year or more after such 
                      date of enactment, not later than 90 days before 
                      such rules or revisions take effect.
                    ``(C) Accreditation.--Accreditation of third party 
                conformity assessment bodies pursuant to the 
                requirements established under subparagraph (B) may be 
                conducted

[[Page 122 STAT. 3024]]

                either by the Commission or by an independent 
                accreditation organization designated by the Commission.
                    ``(D) Periodic review.--The Commission shall 
                periodically review and revise the accreditation 
                requirements established under subparagraph (B) to 
                ensure that the requirements assure the highest 
                conformity assessment body quality that is feasible.
                    ``(E) <<NOTE: Web site. Records.>>  Publication of 
                accredited entities.--The Commission shall maintain on 
                its Internet website an up-to-date list of entities that 
                have been accredited to assess conformity with 
                children's product safety rules in accordance with the 
                requirements published by the Commission under this 
                paragraph.
                    ``(F) Extension.--If the Commission determines that 
                an insufficient number of third party conformity 
                assessment bodies have been accredited to permit 
                certification for a children's product safety rule under 
                the accelerated schedule required by this paragraph, the 
                Commission may extend the deadline for certification to 
                such rule by not more than 60 days.
                    ``(G) Rulemaking.--Until <<NOTE: Termination 
                date.>>  the date that is 3 years after the Consumer 
                Product Safety Improvement Act of 2008, Commission 
                proceedings under this paragraph shall be exempt from 
                the requirements of sections 553 and 601 through 612 of 
                title 5, United States Code.''.
            (3) Conforming amendments.--Section 14(a)(4) (15 U.S.C. 
        2063(a)(4)), as redesignated by paragraph (2) of this 
        subsection, is amended--
                    (A) by striking ``required by paragraph (1) of this 
                subsection'' and inserting ``required under paragraph 
                (1), (2), or (3)''; and
                    (B) by striking ``requirement under paragraph (1)'' 
                and inserting ``requirement under paragraph (1), (2), or 
                (3)''.

    (b) Additional Requirements; Definitions.--Section 14 (15 U.S.C. 
2063) is further amended by adding at the end the following:
    ``(d) <<NOTE: Deadlines.>>  Additional Regulations for Third Party 
Testing.--
            ``(1) Audit.--Not later than 10 months after the date of 
        enactment of the Consumer Product Safety Improvement Act of 
        2008, the Commission shall by regulation establish requirements 
        for the periodic audit of third party conformity assessment 
        bodies as a condition for the continuing accreditation of such 
        conformity assessment bodies under subsection (a)(3)(C).
            ``(2) Compliance; continuing testing.--Not later than 15 
        months after the date of enactment of the Consumer Product 
        Safety Improvement Act of 2008, the Commission shall by 
        regulation--
                    ``(A) initiate a program by which a manufacturer or 
                private labeler may label a consumer product as 
                complying with the certification requirements of 
                subsection (a); and
                    ``(B) <<NOTE: Protocols. Standards.>>  establish 
                protocols and standards--
                          ``(i) for ensuring that a children's product 
                      tested for compliance with an applicable 
                      children's product safety rule is subject to 
                      testing periodically and when there has been a 
                      material change in the product's design or 
                      manufacturing process, including the sourcing of 
                      component parts;

[[Page 122 STAT. 3025]]

                          ``(ii) for the testing of random samples to 
                      ensure continued compliance;
                          ``(iii) for verifying that a children's 
                      product tested by a conformity assessment body 
                      complies with applicable children's product safety 
                      rules; and
                          ``(iv) for safeguarding against the exercise 
                      of undue influence on a third party conformity 
                      assessment body by a manufacturer or private 
                      labeler.

    ``(e) Withdrawal of Accreditation.--
            ``(1) In general.--The Commission may withdraw its 
        accreditation or its acceptance of the accreditation of a third 
        party conformity assessment body accredited under this section 
        if the Commission finds, after notice and investigation, that--
                    ``(A) a manufacturer, private labeler, or 
                governmental entity has exerted undue influence on such 
                conformity assessment body or otherwise interfered with 
                or compromised the integrity of the testing process with 
                respect to the certification of a children's product 
                under this section; or
                    ``(B) such conformity assessment body failed to 
                comply with an applicable protocol, standard, or 
                requirement established by the Commission under 
                subsection (d).
            ``(2) Procedure.--In any proceeding to withdraw the 
        accreditation of a conformity assessment body, the Commission--
                    ``(A) shall consider the gravity of the conformity 
                assessment body's action or failure to act, including--
                          ``(i) whether the action or failure to act 
                      resulted in injury, death, or the risk of injury 
                      or death;
                          ``(ii) whether the action or failure to act 
                      constitutes an isolated incident or represents a 
                      pattern or practice; and
                          ``(iii) whether and when the conformity 
                      assessment body initiated remedial action; and
                    ``(B) may--
                          ``(i) withdraw its acceptance of the 
                      accreditation of the conformity assessment body on 
                      a permanent or temporary basis; and
                          ``(ii) establish requirements for 
                      reaccreditation of the conformity assessment body.
            ``(3) Failure to cooperate.--The Commission may suspend the 
        accreditation of a conformity assessment body if it fails to 
        cooperate with the Commission in an investigation under this 
        section.

    ``(f) Definitions.--In this section:
            ``(1) Children's product safety rule.--The term `children's 
        product safety rule' means a consumer product safety rule under 
        this Act or similar rule, regulation, standard, or ban under any 
        other Act enforced by the Commission, including a rule declaring 
        a consumer product to be a banned hazardous product or 
        substance.
            ``(2) Third party conformity assessment body.--
                    ``(A) In general.--The term `third party conformity 
                assessment body' means a conformity assessment body 
                that, except as provided in subparagraph (D), is not 
                owned, managed, or controlled by the manufacturer or 
                private

[[Page 122 STAT. 3026]]

                labeler of a product assessed by such conformity 
                assessment body.
                    ``(B) Governmental participation.--Such term may 
                include an entity that is owned or controlled in whole 
                or in part by a government if--
                          ``(i) to the extent practicable, manufacturers 
                      or private labelers located in any nation are 
                      permitted to choose conformity assessment bodies 
                      that are not owned or controlled by the government 
                      of that nation;
                          ``(ii) the entity's testing results are not 
                      subject to undue influence by any other person, 
                      including another governmental entity;
                          ``(iii) the entity is not accorded more 
                      favorable treatment than other third party 
                      conformity assessment bodies in the same nation 
                      who have been accredited under this section;
                          ``(iv) the entity's testing results are 
                      accorded no greater weight by other governmental 
                      authorities than those of other third party 
                      conformity assessment bodies accredited under this 
                      section; and
                          ``(v) the entity does not exercise undue 
                      influence over other governmental authorities on 
                      matters affecting its operations or on decisions 
                      by other governmental authorities controlling 
                      distribution of products based on outcomes of the 
                      entity's conformity assessments.
                    ``(C) Testing and certification of art materials and 
                products.--A certifying organization (as defined in 
                appendix A to section 1500.14(b)(8) of title 16, Code of 
                Federal Regulations (or any successor regulation or 
                ruling)) meets the requirements of subparagraph (A) with 
                respect to the certification of art material and art 
                products required under this section or by regulations 
                prescribed under the Federal Hazardous Substances Act 
                (15 U.S.C. 1261 et seq.).
                    ``(D) Firewalled conformity assessment bodies.--Upon 
                request, the Commission may accredit a conformity 
                assessment body that is owned, managed, or controlled by 
                a manufacturer or private labeler as a third party 
                conformity assessment body if the Commission by order 
                finds that--
                          ``(i) accreditation of the conformity 
                      assessment body would provide equal or greater 
                      consumer safety protection than the manufacturer's 
                      or private labeler's use of an independent third 
                      party conformity assessment body; and
                          ``(ii) the conformity assessment body has 
                      established procedures to ensure that--
                                    ``(I) its test results are protected 
                                from undue influence by the 
                                manufacturer, private labeler or other 
                                interested party;
                                    ``(II) the Commission is notified 
                                immediately of any attempt by the 
                                manufacturer, private labeler or other 
                                interested party to hide or exert undue 
                                influence over test results; and
                                    ``(III) allegations of undue 
                                influence may be reported confidentially 
                                to the Commission.

    ``(g) Requirements for Certificates.--

[[Page 122 STAT. 3027]]

            ``(1) Identification of issuer and conformity assessment 
        body.--Every certificate required under this section shall 
        identify the manufacturer or private labeler issuing the 
        certificate and any third party conformity assessment body on 
        whose testing the certificate depends. The certificate shall 
        include, at a minimum, the date and place of manufacture, the 
        date and place where the product was tested, each party's name, 
        full mailing address, telephone number, and contact information 
        for the individual responsible for maintaining records of test 
        results.
            ``(2) English language.--Every certificate required under 
        this section shall be legible and all content required by this 
        section shall be in the English language. A certificate may also 
        contain the same content in any other language.
            ``(3) Availability of certificates.--Every certificate 
        required under this section shall accompany the applicable 
        product or shipment of products covered by the same certificate 
        and a copy of the certificate shall be furnished to each 
        distributor or retailer of the product. <<NOTE: Records.>>  Upon 
        request, the manufacturer or private labeler issuing the 
        certificate shall furnish a copy of the certificate to the 
        Commission.
            ``(4) Electronic filing of certificates for imported 
        products.--In consultation with the Commissioner of Customs, the 
        Commission may, by rule, provide for the electronic filing of 
        certificates under this section up to 24 hours before arrival of 
        an imported product. Upon request, the manufacturer or private 
        labeler issuing the certificate shall furnish a copy to the 
        Commission and to the Commissioner of Customs.

    ``(h) Rule of Construction.--Compliance of any children's product 
with third party testing and certification or general conformity 
certification requirements under this section shall not be construed to 
exempt such children's product from any requirement that such product 
actually be in conformity with all applicable rules, regulation, 
standards, or ban under any Act enforced by the Commission.''.
    (c) <<NOTE: 15 USC 2063 note.>>  CPSC Consideration of Existing 
Requirements.--In establishing standards for accreditation of a third 
party conformity assessment body under section 14(a)(3) of the Consumer 
Product Safety Act, as added by subsection (a), the Commission may 
consider standards and protocols for accreditation of such conformity 
assessment bodies by independent accreditation organizations that are in 
effect on the date of enactment of this Act, but shall ensure that the 
protocols, standards, and requirements prescribed under such section 
14(a)(3) incorporate, as the standard for accreditation, the most 
current scientific and technological standards and techniques available.

    (d) Conforming Amendments.--Section 14(b) (15 U.S.C. 2063(b)) is 
amended--
            (1) by striking ``consumer products which are subject to 
        consumer product safety standards under this Act'' and inserting 
        ``any product which is subject to a consumer product safety rule 
        under this Act, or a similar rule, regulation, standard, or ban 
        under any other Act enforced by the Commission,''; and
            (2) by striking ``or testing programs.'' and inserting ``, 
        unless the Commission, by rule, requires testing by an 
        independent

[[Page 122 STAT. 3028]]

        third party for a particular rule, regulation, standard, or ban, 
        or for a particular class of products.''.
SEC. 103. TRACKING LABELS FOR CHILDREN'S PRODUCTS.

    (a) In General.--Section 14(a) (15 U.S.C. 2063(a)), as amended by 
section 102 of this Act, is further amended by adding at the end the 
following:
    ``(5) <<NOTE: Effective date.>>  Effective 1 year after the date of 
enactment of the Consumer Product Safety Improvement Act of 2008, the 
manufacturer of a children's product shall place permanent, 
distinguishing marks on the product and its packaging, to the extent 
practicable, that will enable--
            ``(A) the manufacturer to ascertain the location and date of 
        production of the product, cohort information (including the 
        batch, run number, or other identifying characteristic), and any 
        other information determined by the manufacturer to facilitate 
        ascertaining the specific source of the product by reference to 
        those marks; and
            ``(B) the ultimate purchaser to ascertain the manufacturer 
        or private labeler, location and date of production of the 
        product, and cohort information (including the batch, run 
        number, or other identifying characteristic).''.

    (b) Label Information.--Section 14(c) (15 U.S.C. 2063(c)) is amended 
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4) and by 
inserting after paragraph (1) the following:
            ``(2) The cohort information (including the batch, run 
        number, or other identifying characteristic) of the product.''.

    (c) Advertising, Labeling, and Packaging Representation.--Section 14 
(15 U.S.C. 2063) is further amended by adding at the end the following:
    ``(d) Requirement for Advertisements.--No advertisement for a 
consumer product or label or packaging of such product may contain a 
reference to a consumer product safety rule or a voluntary consumer 
product safety standard unless such product conforms with the applicable 
safety requirements of such rule or standard.''.
SEC. 104. <<NOTE: Danny Keysar Child Product Safety Notification 
                        Act. 15 USC 2056a.>>  STANDARDS AND 
                        CONSUMER REGISTRATION OF DURABLE NURSERY 
                        PRODUCTS.

    (a) Short Title.--This section may be cited as the ``Danny Keysar 
Child Product Safety Notification Act''.
    (b) Safety Standards.--
            (1) In general.--The Commission shall--
                    (A) in consultation with representatives of consumer 
                groups, juvenile product manufacturers, and independent 
                child product engineers and experts, examine and assess 
                the effectiveness of any voluntary consumer product 
                safety standards for durable infant or toddler products; 
                and
                    (B) in accordance with section 553 of title 5, 
                United States Code, promulgate consumer product safety 
                standards that--
                          (i) are substantially the same as such 
                      voluntary standards; or
                          (ii) are more stringent than such voluntary 
                      standards, if the Commission determines that more 
                      stringent standards would further reduce the risk 
                      of injury associated with such products.
            (2) Timetable for rulemaking.--Not <<NOTE: Deadlines.>>  
        later than 1 year after the date of enactment of this Act, the 
        Commission shall

[[Page 122 STAT. 3029]]

        commence the rulemaking required under paragraph (1) and shall 
        promulgate standards for no fewer than 2 categories of durable 
        infant or toddler products every 6 months thereafter, beginning 
        with the product categories that the Commission determines to be 
        of highest priority, until the Commission has promulgated 
        standards for all such product categories. Thereafter, the 
        Commission shall periodically review and revise the standards 
        set forth under this subsection to ensure that such standards 
        provide the highest level of safety for such products that is 
        feasible.
            (3) Judicial review.--Any person adversely affected by such 
        standards may file a petition for review under the procedures 
        set forth in section 11(g) of the Consumer Product Safety Act 
        (15 U.S.C. 2060(g)), as added by section 236 of this Act.

    (c) Cribs.--
            (1) In general.--It shall be a violation of section 19(a)(1) 
        of the Consumer Product Safety Act (15 U.S.C. 2068(a)(1)) for 
        any person to which this subsection applies to manufacture, 
        sell, contract to sell or resell, lease, sublet, offer, provide 
        for use, or otherwise place in the stream of commerce a crib 
        that is not in compliance with a standard promulgated under 
        subsection (b).
            (2) Persons to which subsection applies.--This subsection 
        applies to any person that--
                    (A) manufactures, distributes in commerce, or 
                contracts to sell cribs;
                    (B) based on the person's occupation, holds itself 
                out as having knowledge or skill peculiar to cribs, 
                including child care facilities and family child care 
                homes;
                    (C) is in the business of contracting to sell or 
                resell, lease, sublet, or otherwise place cribs in the 
                stream of commerce; or
                    (D) owns or operates a place of public accommodation 
                affecting commerce (as defined in section 4 of the 
                Federal Fire Prevention and Control Act of 1974 (15 
                U.S.C. 2203) applied without regard to the phrase ``not 
                owned by the Federal Government'').
            (3) Crib defined.--In this subsection, the term ``crib'' 
        includes--
                    (A) new and used cribs;
                    (B) full-sized or nonfull-sized cribs; and
                    (C) portable cribs and crib-pens.

    (d) Consumer Registration Requirement.--
            (1) Rulemaking.--Notwithstanding <<NOTE: Deadline.>>  any 
        provision of chapter 6 of title 5, United States Code, or the 
        Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), not 
        later than 1 year after the date of enactment of this Act, the 
        Commission shall, pursuant to its authority under section 16(b) 
        of the Consumer Product Safety Act (15 U.S.C. 2065(b)), 
        promulgate a final consumer product safety rule to require each 
        manufacturer of a durable infant or toddler product--
                    (A) to provide consumers with a postage-paid 
                consumer registration form with each such product;
                    (B) to maintain a record of the names, addresses, e-
                mail addresses, and other contact information of 
                consumers who register their ownership of such products 
                with the

[[Page 122 STAT. 3030]]

                manufacturer in order to improve the effectiveness of 
                manufacturer campaigns to recall such products; and
                    (C) to permanently place the manufacturer name and 
                contact information, model name and number, and the date 
                of manufacture on each durable infant or toddler 
                product.
            (2) Requirements for registration form.--The registration 
        form required to be provided to consumers under paragraph (1) 
        shall--
                    (A) include spaces for a consumer to provide the 
                consumer's name, address, telephone number, and e-mail 
                address;
                    (B) include space sufficiently large to permit easy, 
                legible recording of all desired information;
                    (C) be attached to the surface of each durable 
                infant or toddler product so that, as a practical 
                matter, the consumer must notice and handle the form 
                after purchasing the product;
                    (D) include the manufacturer's name, model name and 
                number for the product, and the date of manufacture;
                    (E) include a message explaining the purpose of the 
                registration and designed to encourage consumers to 
                complete the registration;
                    (F) include an option for consumers to register 
                through the Internet; and
                    (G) include a statement that information provided by 
                the consumer shall not be used for any purpose other 
                than to facilitate a recall of or safety alert regarding 
                that product.
        In issuing regulations under this section, the Commission may 
        prescribe the exact text and format of the required registration 
        form.
            (3) Record keeping and notification requirements.--The rules 
        required under this section shall require each manufacturer of a 
        durable infant or toddler product to maintain a record of 
        registrants for each product manufactured that includes all of 
        the information provided by each consumer registered, and to use 
        such information to notify such consumers in the event of a 
        voluntary or involuntary recall of or safety alert regarding 
        such product. Each manufacturer shall maintain such a record for 
        a period of not less than 6 years after the date of manufacture 
        of the product. Consumer information collected by a manufacturer 
        under this Act may not be used by the manufacturer, nor 
        disseminated by such manufacturer to any other party, for any 
        purpose other than notification to such consumer in the event of 
        a product recall or safety alert.
            (4) Study.--The Commission shall conduct a study at such 
        time as it considers appropriate on the effectiveness of the 
        consumer registration forms required by this section in 
        facilitating product recalls and whether such registration forms 
        should be required for other children's 
        products. <<NOTE: Deadline. Reports.>>  Not later than 4 years 
        after the date of enactment of this Act, the Commission shall 
        report its findings to the appropriate Congressional committees.

    (e) Use of Alternative Recall Notification Technology.--

[[Page 122 STAT. 3031]]

            (1) Technology assessment and report.--The Commission 
        shall--
                    (A) <<NOTE: Effective date. Review.>>  beginning 2 
                years after a rule is promulgated under subsection (d), 
                regularly review recall notification technology and 
                assess the effectiveness of such technology in 
                facilitating recalls of durable infant or toddler 
                products; and
                    (B) not later than 3 years after the date of 
                enactment of this Act and periodically thereafter as the 
                Commission considers appropriate, transmit a report on 
                such assessments to the appropriate Congressional 
                committees.
            (2) Determination.--If, based on the assessment required by 
        paragraph (1), the Commission determines by rule that a recall 
        notification technology is likely to be as effective or more 
        effective in facilitating recalls of durable infant or toddler 
        products as the registration forms required by subsection (d), 
        the Commission--
                    (A) shall submit to the appropriate Congressional 
                committees a report on such determination; and
                    (B) shall permit a manufacturer of durable infant or 
                toddler products to use such technology in lieu of such 
                registration forms to facilitate recalls of durable 
                infant or toddler products.

    (f) Definition of Durable Infant or Toddler Product.--As used in 
this section, the term ``durable infant or toddler product''--
            (1) means a durable product intended for use, or that may be 
        reasonably expected to be used, by children under the age of 5 
        years; and
            (2) includes--
                    (A) full-size cribs and nonfull-size cribs;
                    (B) toddler beds;
                    (C) high chairs, booster chairs, and hook-on chairs;
                    (D) bath seats;
                    (E) gates and other enclosures for confining a 
                child;
                    (F) play yards;
                    (G) stationary activity centers;
                    (H) infant carriers;
                    (I) strollers;
                    (J) walkers;
                    (K) swings; and
                    (L) bassinets and cradles.
SEC. 105. LABELING REQUIREMENT FOR ADVERTISING TOYS AND GAMES.

    Section 24 of the Federal Hazardous Substances Act (15 U.S.C. 1278) 
is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following:

    ``(c) Advertising.--
            ``(1) Requirement.--
                    ``(A) Cautionary statement.--Any advertisement by a 
                retailer, manufacturer, importer, distributor, or 
                private labeler (including advertisements on Internet 
                websites or in catalogues or other printed materials) 
                that provides a direct means for the purchase or order 
                of a product

[[Page 122 STAT. 3032]]

                for which a cautionary statement is required under 
                subsection (a) or (b) shall include the appropriate 
                cautionary statement displayed on or immediately 
                adjacent to that advertisement, as modified by 
                regulations issued under paragraph (3).
                    ``(B) Application to retailers.--
                          ``(i) Requirement to inform.--A manufacturer, 
                      importer, distributor, or private labeler that 
                      provides such a product to a retailer shall inform 
                      the retailer of any cautionary statement 
                      requirement applicable to the product.
                          ``(ii) Retailer's requirement to inquire.--A 
                      retailer is not in violation of subparagraph (A) 
                      if the retailer requested information from the 
                      manufacturer, importer, distributor, or private 
                      labeler as to whether the cautionary statement 
                      required by subparagraph (A) applies to the 
                      product that is the subject of the advertisement 
                      and the manufacturer, importer, distributor, or 
                      private labeler provided false information or did 
                      not provide such information.
                    ``(C) Display.--The cautionary statement required by 
                subparagraph (A) shall be prominently displayed--
                          ``(i) in the primary language used in the 
                      advertisement;
                          ``(ii) in conspicuous and legible type in 
                      contrast by typography, layout, or color with 
                      other material printed or displayed in such 
                      advertisement; and
                          ``(iii) in a manner consistent with part 1500 
                      of title 16, Code of Federal Regulations.
                    ``(D) Definitions.--In this subsection:
                          ``(i) The terms `manufacturer', `distributor', 
                      and `private labeler' have the meaning given those 
                      terms in section 3 of the Consumer Product Safety 
                      Act (15 U.S.C. 2052).
                          ``(ii) The term `retailer' has the meaning 
                      given that term in section 3 of the Consumer 
                      Product Safety Act (15 U.S.C. 2052), but does not 
                      include an individual whose selling activity is 
                      intermittent and does not constitute a trade or 
                      business.
            ``(2) Effective date.--The requirement in paragraph (1) 
        shall take effect--
                    ``(A) with respect to advertisements on Internet 
                websites, 120 days after the date of enactment of the 
                Consumer Product Safety Improvement Act of 2008; and
                    ``(B) with respect to catalogues and other printed 
                materials, 180 days after such date of enactment.
            ``(3) <<NOTE: Deadlines.>>  Rulemaking.--Notwithstanding any 
        provision of chapter 6 of title 5, United States Code, or the 
        Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), the 
        Commission shall, not later than 90 days after the date of 
        enactment of the Consumer Product Safety Improvement Act of 
        2008, promulgate regulations to effectuate this section with 
        respect to catalogues and other printed material. The Commission 
        may, under such regulations, provide a grace period of no more 
        than 180 days for catalogues and other printed material printed 
        prior to the effective date of paragraph (1) during which time 
        distribution of such catalogues and other printed material shall

[[Page 122 STAT. 3033]]

        not be considered a violation of such paragraph. The Commission 
        may promulgate regulations concerning the size and placement of 
        the cautionary statement required by paragraph (1) of this 
        subsection as appropriate relative to the size and placement of 
        the advertisements in such catalogues and other printed 
        material. The Commission shall promulgate regulations that 
        clarify the applicability of these requirements to catalogues 
        and other printed material distributed solely between businesses 
        and not to individual consumers.
            ``(4) Enforcement.--The requirements in paragraph (1) shall 
        be treated as a consumer product safety standard promulgated 
        under section 9 of the Consumer Product Safety Act (15 U.S.C. 
        2056). The publication or distribution of any advertisement that 
        is not in compliance with paragraph (1) shall be treated as a 
        prohibited act under section 19(a)(1) of such Act (15 U.S.C. 
        2068).''.
SEC. 106. MANDATORY TOY SAFETY STANDARDS.

    (a) In General.--Beginning <<NOTE: Effective date. 15 USC 2056b.>>  
180 days after the date of enactment of this Act, the provisions of ASTM 
International Standard F963-07 Consumer Safety Specifications for Toy 
Safety (ASTM F963), as it exists on the date of enactment of this Act 
(except for section 4.2 and Annex 4 or any provision that restates or 
incorporates an existing mandatory standard or ban promulgated by the 
Commission or by statute) shall be considered to be consumer product 
safety standards issued by the Commission under section 9 of the 
Consumer Product Safety Act (15 U.S.C. 2058).

    (b) Rulemaking for Specific Toys, Components and Risks.--
            (1) Evaluation.--Not <<NOTE: Deadline.>>  later than 1 year 
        after the date of enactment of this Act, the Commission, in 
        consultation with representatives of consumer groups, juvenile 
        product manufacturers, and independent child product engineers 
        and experts, shall examine and assess the effectiveness of ASTM 
        F963 or its successor standard (except for section 4.2 and Annex 
        4), as it relates to safety requirements, safety labeling 
        requirements, and test methods related to--
                    (A) internal harm or injury hazards caused by the 
                ingestion or inhalation of magnets in children's 
                products;
                    (B) toxic substances;
                    (C) toys with spherical ends;
                    (D) hemispheric-shaped objects;
                    (E) cords, straps, and elastics; and
                    (F) battery-operated toys.
            (2) Rulemaking.--Within <<NOTE: Deadline.>>  1 year after 
        the completion of the assessment required by paragraph (1), the 
        Commission shall promulgate rules in accordance with section 553 
        of title 5, United States Code, that--
                    (A) take into account other children's product 
                safety rules; and
                    (B) are more stringent than such standards, if the 
                Commission determines that more stringent standards 
                would further reduce the risk of injury of such toys.

    (c) Periodic Review.--The Commission shall periodically review and 
revise the rules set forth under this section to ensure that such rules 
provide the highest level of safety for such products that is feasible.

[[Page 122 STAT. 3034]]

    (d) Consideration of Remaining ASTM Standards.--After promulgating 
the rules required by subsection (b), the Commission shall--
            (1) in consultation with representatives of consumer groups, 
        juvenile product manufacturers, and independent child product 
        engineers and experts, examine and assess the effectiveness of 
        ASTM F963 (and alternative health protective requirements to 
        prevent or minimize flammability of children's products) or its 
        successor standard, and shall assess the adequacy of such 
        standards in protecting children from safety hazards; and
            (2) <<NOTE: Regulations.>>  in accordance with section 553 
        of title 5, United States Code, promulgate consumer product 
        safety rules that--
                    (A) take into account other children's product 
                safety rules; and
                    (B) are more stringent than such standards, if the 
                Commission determines that more stringent standards 
                would further reduce the risk of injury associated with 
                such toys.

    (e) Prioritization.--The <<NOTE: Regulations.>>  Commission shall 
promulgate rules beginning with the product categories that the 
Commission determines to be of highest priority, until the Commission 
has promulgated standards for all such product categories.

    (f) Treatment as Consumer Product Safety Standards.--Rules issued 
under this section shall be considered consumer product safety standards 
issued by the Commission under section 9 of the Consumer Product Safety 
Act (15 U.S.C. 2058).
    (g) Revisions.--If <<NOTE: Notification.>>  ASTM International (or 
its successor entity) proposes to revise ASTM F963-07, or a successor 
standard, it shall notify the Commission of the proposed revision. The 
Commission shall incorporate the revision or a section of the revision 
into the consumer product safety rule. <<NOTE: Effective dates.>>  The 
revised standard shall be considered to be a consumer product safety 
standard issued by the Consumer Product Safety Commission under section 
9 of the Consumer Product Safety Act (15 U.S.C. 2058), effective 180 
days after the date on which ASTM International notifies the Commission 
of the revision unless, within 90 days after receiving that notice, the 
Commission notifies ASTM International that it has determined that the 
proposed revision does not improve the safety of the consumer product 
covered by the standard. If the Commission so notifies ASTM 
International with respect to a proposed revision of the standard, the 
existing standard shall continue to be considered to be a consumer 
product safety rule without regard to the proposed revision.

    (h) Rulemaking to Consider Exemption From Preemption.--
            (1) Exemption of state law from preemption.--Upon 
        application of a State or political subdivision of a State, the 
        Commission shall, after notice and opportunity for oral 
        presentation of views, consider a rulemaking to exempt from the 
        provisions of section 26(a) of the Consumer Product Safety Act 
        (under such conditions as it may impose in the rule) any 
        proposed safety standard or regulation which is described in 
        such application and which is designed to protect against a risk 
        of injury associated with a children's product subject to the 
        consumer product safety standards described in subsection (a) or 
        any rule promulgated under this section. The Commission shall 
        grant such an exemption if the State or political subdivision 
        standard or regulation--

[[Page 122 STAT. 3035]]

                    (A) provides a significantly higher degree of 
                protection from such risk of injury than the consumer 
                product safety standard or rule under this section; and
                    (B) does not unduly burden interstate commerce.
        In determining the burden, if any, of a State or political 
        subdivision standard or regulation on interstate commerce, the 
        Commission shall consider and make appropriate (as determined by 
        the Commission in its discretion) findings on the technological 
        and economic feasibility of complying with such standard or 
        regulation, the cost of complying with such standard or 
        regulation, the geographic distribution of the consumer product 
        to which the standard or regulation would apply, the probability 
        of other States or political subdivisions applying for an 
        exemption under this subsection for a similar standard or 
        regulation, and the need for a national, uniform standard under 
        this Act for such consumer product.
            (2) <<NOTE: Deadline.>>  Effect of standards on established 
        state laws.--Nothing in this section or in section 26 of the 
        Consumer Product Safety Act (15 U.S.C. 2075) shall prevent a 
        State or political subdivision of a State from continuing in 
        effect a safety requirement applicable to a toy or other 
        children's product that is designed to deal with the same risk 
        of injury as the consumer product safety standards established 
        by this section and that is in effect on the day before the date 
        of enactment of this Act, if such State or political subdivision 
        has filed such requirement with the Commission within 90 days 
        after the date of enactment of this Act, in such form and in 
        such manner as the Commission may require.

    (i) Judicial Review.--The issuance of any rule under this section is 
subject to judicial review as provided in section 11(g) of the Consumer 
Product Safety Act (15 U.S.C. 2060(g)), as added by section 236 of this 
Act.
SEC. 107. STUDY OF PREVENTABLE INJURIES AND DEATHS IN MINORITY 
                        CHILDREN RELATED TO CONSUMER PRODUCTS.

    (a) In General.--Not <<NOTE: Deadline.>>  later than 90 days after 
the date of enactment of this Act, the Comptroller General shall 
initiate a study, by the Government Accountability Office or by contract 
through an independent entity, to assess disparities in the risks and 
incidence of preventable injuries and deaths among children of minority 
populations, including Black, Hispanic, American Indian, Alaska Native, 
Native Hawaiian, and Asian/Pacific Islander children in the United 
States. The Comptroller General shall consult with the Commission as 
necessary.

    (b) Requirements.--The study shall examine the racial disparities of 
the rates of preventable injuries and deaths related to suffocation, 
poisonings, and drownings, including those associated with the use of 
cribs, mattresses and bedding materials, swimming pools and spas, and 
toys and other products intended for use by children.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall report the findings to the 
appropriate Congressional committees. The report shall include--
            (1) the Comptroller General's findings on the incidence of 
        preventable risks of injuries and deaths among children

[[Page 122 STAT. 3036]]

        of minority populations and recommendations for minimizing such 
        risks;
            (2) recommendations for public outreach, awareness, and 
        prevention campaigns specifically aimed at racial minority 
        populations; and
            (3) recommendations for education initiatives that may 
        reduce statistical disparities.
SEC. 108. <<NOTE: 15 USC 2057c.>>  PROHIBITION ON SALE OF CERTAIN 
                        PRODUCTS CONTAINING SPECIFIED PHTHALATES.

    (a) Prohibition on the Sale of Certain Products Containing 
Phthalates.--Beginning <<NOTE: Effective date.>>  on the date that is 
180 days after the date of enactment of this Act, it shall be unlawful 
for any person to manufacture for sale, offer for sale, distribute in 
commerce, or import into the United States any children's toy or child 
care article that contains concentrations of more than 0.1 percent of 
di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl 
butyl phthalate (BBP).

    (b) Prohibition on the Sale of Additional Products Containing 
Certain Phthalates.--
            (1) Interim prohibition.--Beginning <<NOTE: Effective 
        date.>>  on the date that is 180 days after the date of 
        enactment of this Act and until a final rule is promulgated 
        under paragraph (3), it shall be unlawful for any person to 
        manufacture for sale, offer for sale, distribute in commerce, or 
        import into the United States any children's toy that can be 
        placed in a child's mouth or child care article that contains 
        concentrations of more than 0.1 percent of diisononyl phthalate 
        (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate 
        (DnOP).
            (2) <<NOTE: Deadlines.>>  Chronic hazard advisory panel.--
                    (A) Appointment.--Not earlier than 180 days after 
                the date of enactment of this Act, the Commission shall 
                begin the process of appointing a Chronic Hazard 
                Advisory Panel pursuant to the procedures of section 28 
                of the Consumer Product Safety Act (15 U.S.C. 2077) to 
                study the effects on children's health of all phthalates 
                and phthalate alternatives as used in children's toys 
                and child care articles.
                    (B) Examination.--The panel shall, within 18 months 
                after its appointment under subparagraph (A), complete 
                an examination of the full range of phthalates that are 
                used in products for children and shall--
                          (i) examine all of the potential health 
                      effects (including endocrine disrupting effects) 
                      of the full range of phthalates;
                          (ii) consider the potential health effects of 
                      each of these phthalates both in isolation and in 
                      combination with other phthalates;
                          (iii) examine the likely levels of children's, 
                      pregnant women's, and others' exposure to 
                      phthalates, based on a reasonable estimation of 
                      normal and foreseeable use and abuse of such 
                      products;
                          (iv) consider the cumulative effect of total 
                      exposure to phthalates, both from children's 
                      products and from other sources, such as personal 
                      care products;
                          (v) review all relevant data, including the 
                      most recent, best-available, peer-reviewed, 
                      scientific studies

[[Page 122 STAT. 3037]]

                      of these phthalates and phthalate alternatives 
                      that employ objective data collection practices or 
                      employ other objective methods;
                          (vi) consider the health effects of phthalates 
                      not only from ingestion but also as a result of 
                      dermal, hand-to-mouth, or other exposure;
                          (vii) consider the level at which there is a 
                      reasonable certainty of no harm to children, 
                      pregnant women, or other susceptible individuals 
                      and their offspring, considering the best 
                      available science, and using sufficient safety 
                      factors to account for uncertainties regarding 
                      exposure and susceptibility of children, pregnant 
                      women, and other potentially susceptible 
                      individuals; and
                          (viii) consider possible similar health 
                      effects of phthalate alternatives used in 
                      children's toys and child care articles.
                The panel's examinations pursuant to this paragraph 
                shall be conducted de novo. The findings and conclusions 
                of any previous Chronic Hazard Advisory Panel on this 
                issue and other studies conducted by the Commission 
                shall be reviewed by the panel but shall not be 
                considered determinative.
                    (C) Report.--Not later than 180 days after 
                completing its examination, the panel appointed under 
                subparagraph (A) shall report to the Commission the 
                results of the examination conducted under this section 
                and shall make recommendations to the Commission 
                regarding any phthalates (or combinations of phthalates) 
                in addition to those identified in subsection (a) or 
                phthalate alternatives that the panel determines should 
                be declared banned hazardous substances.
            (3) Permanent prohibition by rule.--Not <<NOTE: Deadline.>>  
        later than 180 days after receiving the report of the panel 
        under paragraph (2)(C), the Commission shall, pursuant to 
        section 553 of title 5, United States Code, promulgate a final 
        rule to--
                    (A) determine, based on such report, whether to 
                continue in effect the prohibition under paragraph (1), 
                in order to ensure a reasonable certainty of no harm to 
                children, pregnant women, or other susceptible 
                individuals with an adequate margin of safety; and
                    (B) evaluate the findings and recommendations of the 
                Chronic Hazard Advisory Panel and declare any children's 
                product containing any phthalates to be a banned 
                hazardous product under section 8 of the Consumer 
                Product Safety Act (15 U.S.C. 2057), as the Commission 
                determines necessary to protect the health of children.

    (c) Treatment of Violation.--A violation of subsection (a) or (b)(1) 
or any rule promulgated by the Commission under subsection (b)(3) shall 
be treated as a violation of section 19(a)(1) of the Consumer Product 
Safety Act (15 U.S.C. 2068(a)(1)).
    (d) Treatment as Consumer Product Safety Standards; Effect on State 
Laws.--Subsections (a) and (b)(1) and any rule promulgated under 
subsection (b)(3) shall be considered consumer product safety standards 
under the Consumer Product Safety Act. Nothing in this section or the 
Consumer Product Safety Act (15 U.S.C. 2051 et seq.) shall be construed 
to preempt or otherwise

[[Page 122 STAT. 3038]]

affect any State requirement with respect to any phthalate alternative 
not specifically regulated in a consumer product safety standard under 
the Consumer Product Safety Act.
    (e) Definitions.--
            (1) Defined terms.--As used in this section:
                    (A) The term ``phthalate alternative'' means any 
                common substitute to a phthalate, alternative material 
                to a phthalate, or alternative plasticizer.
                    (B) The term ``children's toy'' means a consumer 
                product designed or intended by the manufacturer for a 
                child 12 years of age or younger for use by the child 
                when the child plays.
                    (C) The term ``child care article'' means a consumer 
                product designed or intended by the manufacturer to 
                facilitate sleep or the feeding of children age 3 and 
                younger, or to help such children with sucking or 
                teething.
                    (D) The term ``consumer product'' has the meaning 
                given such term in section 3(a)(1) of the Consumer 
                Product Safety Act (15 U.S.C. 2052(a)(1)).
            (2) Determination guidelines.--
                    (A) Age.--In determining whether products described 
                in paragraph (1) are designed or intended for use by a 
                child of the ages specified, the following factors shall 
                be considered:
                          (i) A statement by a manufacturer about the 
                      intended use of such product, including a label on 
                      such product if such statement is reasonable.
                          (ii) Whether the product is represented in its 
                      packaging, display, promotion, or advertising as 
                      appropriate for use by children of the ages 
                      specified.
                          (iii) Whether the product is commonly 
                      recognized by consumers as being intended for use 
                      by a child of the ages specified.
                          (iv) The Age Determination guidelines issued 
                      by the Commission staff in September 2002 and any 
                      successor to such guidelines.
                    (B) Toy that can be placed in a child's mouth.-- For 
                purposes of this section a toy can be placed in a 
                child's mouth if any part of the toy can actually be 
                brought to the mouth and kept in the mouth by a child so 
                that it can be sucked and chewed. If the children's 
                product can only be licked, it is not regarded as able 
                to be placed in the mouth. If a toy or part of a toy in 
                one dimension is smaller than 5 centimeters, it can be 
                placed in the mouth.

           TITLE II--CONSUMER PRODUCT SAFETY COMMISSION REFORM

                 Subtitle A--Administrative Improvements

SEC. 201. REAUTHORIZATION OF THE COMMISSION.

    (a) Authorization of Appropriations.--Subsection (a) of section 32 
(15 U.S.C. 2081) is amended to read as follows:
    ``(a) General Authorization of Appropriations.--

[[Page 122 STAT. 3039]]

            ``(1) In general.--There are authorized to be appropriated 
        to the Commission for the purpose of carrying out the provisions 
        of this Act and any other provision of law the Commission is 
        authorized or directed to carry out--
                    ``(A) $118,200,000 for fiscal year 2010;
                    ``(B) $115,640,000 for fiscal year 2011;
                    ``(C) $123,994,000 for fiscal year 2012;
                    ``(D) $131,783,000 for fiscal year 2013; and
                    ``(E) $136,409,000 for fiscal year 2014.
            ``(2) Travel allowance.--From amounts appropriated pursuant 
        to paragraph (1), there shall be made available $1,200,000 for 
        fiscal year 2010, $1,248,000 for fiscal year 2011, $1,297,000 
        for fiscal year 2012, $1,350,000 for fiscal year 2013, and 
        $1,403,000 for fiscal year 2014, for travel, subsistence, and 
        related expenses incurred in furtherance of the official duties 
        of Commissioners and employees with respect to attendance at 
        meetings or similar functions, which shall be used by the 
        Commission for such purposes in lieu of acceptance of payment or 
        reimbursement for such expenses from any person--
                    ``(A) seeking official action from, doing business 
                with, or conducting activities regulated by, the 
                Commission; or
                    ``(B) whose interests may be substantially affected 
                by the performance or nonperformance of the 
                Commissioner's or employee's official duties.''.

    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Commission shall transmit to the appropriate Congressional 
committees a report of its plans to allocate the funding authorized by 
subsection (a). Such report shall include--
            (1) the number of full-time investigators and other full-
        time equivalents the Commission intends to employ;
            (2) efforts by the Commission to develop standards for 
        training product safety inspectors and technical staff employed 
        by the Commission;
            (3) efforts and policies of the Commission to encourage 
        Commission scientific staff to seek appropriate publishing 
        opportunities in peer-reviewed journals and other media; and
            (4) the efforts of the Commission to reach and educate 
        retailers of second-hand products and informal sellers, such as 
        thrift shops and yard sales, concerning consumer product safety 
        rules and product recalls, especially those relating to durable 
        nursery products, in order to prevent the resale of any products 
        that have been recalled, including the development of 
        educational materials for distribution not later than 1 year 
        after the date of enactment of this Act.

    (c) Conforming Amendments.--Section 32 (15 U.S.C. 2081) is further 
amended by striking subsection (b) and redesignating subsection (c) as 
subsection (b) and inserting after such subsection designation the 
following: ``Limitation.--''.
SEC. 202. <<NOTE: 15 USC 2053 note.>>  FULL COMMISSION 
                        REQUIREMENT; INTERIM QUORUM; PERSONNEL.

    (a) Temporary Quorum.--Notwithstanding section 4(d) of the Consumer 
Product Safety Act (15 U.S.C. 2053(d)), 2 members of the Commission, if 
they are not affiliated with the same political party, shall constitute 
a quorum for the transaction of business

[[Page 122 STAT. 3040]]

for the 1 year period beginning on the date of enactment of this Act.
    (b) Repeal of Quorum Limitation.--
            (1) Repeal.--Title III of Public Law 102-389 is amended by 
        striking the first proviso in the item captioned ``Consumer 
        Product Safety Commission, Salaries and Expenses'' (15 U.S.C. 
        2053 note).
            (2) <<NOTE: 15 USC 2053 note.>>  Effective date.--The 
        amendment made by paragraph (1) shall take effect 1 year after 
        the date of enactment of this Act.

    (c) Personnel.--
            (1) Professional staff.--The <<NOTE: Deadline.>>  Commission 
        shall increase the number of full-time personnel employed by the 
        Commission to at least 500 by October 1, 2013, subject to the 
        availability of appropriations.
            (2) Ports of entry; overseas inspectors.--As part of the 500 
        full-time employees required by paragraph (1), the Commission 
        shall hire personnel to be assigned to duty stations at United 
        States ports of entry, or to inspect overseas manufacturing 
        facilities, subject to the availability of appropriations.
SEC. 203. SUBMISSION OF COPY OF CERTAIN DOCUMENTS TO CONGRESS.

    (a) <<NOTE: 15 USC 2076 note.>>  In General.--Notwithstanding any 
rule, regulation, or order to the contrary, the Commission shall comply 
with the requirements of section 27(k) of the Consumer Product Safety 
Act (15 U.S.C. 2076(k)) with respect to budget recommendations, 
legislative recommendations, testimony, and comments on legislation 
submitted by the Commission to the President or the Office of Management 
and Budget after the date of enactment of this Act.

    (b) Reinstatement of Requirement.--Section 3003(d) of Public Law 
104-66 (31 U.S.C. 1113 note) is amended--
            (1) by striking ``or'' after the semicolon in paragraph 
        (31);
            (2) by redesignating paragraph (32) as (33); and
            (3) by inserting after paragraph (31) the following:
            ``(32) section 27(k) of the Consumer Product Safety Act (15 
        U.S.C. 2076(k)); or''.
SEC. 204. EXPEDITED RULEMAKING.

    (a) ANPR Requirement.--
            (1) In general.--Section 9 (15 U.S.C. 2058) is amended--
                    (A) by striking ``shall be commenced'' in subsection 
                (a) and inserting ``may be commenced'';
                    (B) by striking ``in the notice'' in subsection (b) 
                and inserting ``in a notice'';
                    (C) by striking ``unless, not less than 60 days 
                after publication of the notice required in subsection 
                (a), the'' in subsection (c) and inserting ``unless 
                the'';
                    (D) by striking ``an advance notice of proposed 
                rulemaking under subsection (a) relating to the product 
                involved,'' in the third sentence of subsection (c) and 
                inserting ``the notice,''; and
                    (E) by striking ``Register.'' in the matter 
                following paragraph (4) of subsection (c) and inserting 
                ``Register. Nothing in this subsection shall preclude 
                any person from submitting an existing standard or 
                portion of a standard as a proposed consumer product 
                safety standard.''.

[[Page 122 STAT. 3041]]

            (2) Conforming amendment.--Section 5(a)(3) (15 U.S.C. 
        2054(a)(3)) is amended by striking ``an advance notice of 
        proposed rulemaking or''.

    (b) Rulemaking Under Federal Hazardous Substances Act.--
            (1) In general.--Section 3(a) of the Federal Hazardous 
        Substances Act (15 U.S.C. 1262(a)) is amended to read as 
        follows:

    ``(a) Rulemaking.--
            ``(1) In general.--Whenever in the judgment of the 
        Commission such action will promote the objectives of this Act 
        by avoiding or resolving uncertainty as to its application, the 
        Commission may by regulation declare to be a hazardous 
        substance, for the purposes of this Act, any substance or 
        mixture of substances, which it finds meets the requirements of 
        section 2(f)(1)(A).
            ``(2) Procedure.--Proceedings for the issuance, amendment, 
        or repeal of regulations under this subsection and the 
        admissibility of the record of such proceedings in other 
        proceedings, shall be governed by the provisions of subsections 
        (f) through (i) of this section.''.
            (2) Procedure.--Section 2(q)(2) of the Federal Hazardous 
        Substances Act (15 U.S.C. 1261(q)(2)) is amended by striking 
        ``Proceedings for the issuance, amendment, or repeal of 
        regulations pursuant to clause (B) of subparagraph (1) of this 
        paragraph shall be governed by the provisions of sections 
        701(e), (f), and (g) of the Federal Food, Drug, and Cosmetic 
        Act: Provided, That if'' and inserting ``Proceedings for the 
        issuance, amendment, or repeal of regulations pursuant to clause 
        (B) of subparagraph (1) of this paragraph shall be governed by 
        the provisions of subsections (f) through (i) of section 3 of 
        this Act, except that if''.
            (3) ANPR requirement.--Section 3 of the Federal Hazardous 
        Substances Act (15 U.S.C. 1262) is amended--
                    (A) by striking ``shall be commenced'' in subsection 
                (f) and inserting ``may be commenced'';
                    (B) by striking ``in the notice'' in subsection 
                (g)(1) and inserting ``in a notice'';
                    (C) by striking ``unless, not less than 60 days 
                after publication of the notice required in subsection 
                (f), the'' in subsection (h) and inserting ``unless 
                the''; and
                    (D) by striking ``Committee on Commerce'' and all 
                that follows through ``Representatives.'' in subsection 
                (h), and inserting ``appropriate Congressional 
                committees. Nothing in this subsection shall preclude 
                any person from submitting an existing standard or 
                portion of a standard as a proposed regulation.''
            (4) Other conforming amendments.--The Federal Hazardous 
        Substances Act (15 U.S.C. 1261 et seq.) is amended--
                    (A) by striking paragraphs (c) and (d) of section 2 
                and inserting the following:

    ``(c) The term `Commission' means the Consumer Product Safety 
Commission.'';
                    (B) by striking ``Secretary'' each place it appears 
                and inserting ``Commission'' except--
                          (i) in section 10(b) (15 U.S.C. 1269(b));
                          (ii) in section 14 (15 U.S.C. 1273); and

[[Page 122 STAT. 3042]]

                          (iii) in section 21(a) (15 U.S.C. 1276(a));
                    (C) <<NOTE: 15 USC 1263, 1270, 1272.>>  by striking 
                ``Department'' each place it appears, except in sections 
                5(c)(6)(D)(i) and 14(b) (15 U.S.C. 1264(c)(6)(D)(i) and 
                1273(b)), and inserting ``Commission'';
                    (D) <<NOTE: 15 USC 1261, 1262, 1273.>>  by striking 
                ``he'' and ``his'' each place they appear in reference 
                to the Secretary and inserting ``it'' and ``its'', 
                respectively;
                    (E) by striking ``Secretary of Health, Education, 
                and Welfare'' each place it appears in section 10(b) (15 
                U.S.C. 1269(b)) and inserting ``Commission'';
                    (F) by striking ``Secretary of Health, Education, 
                and Welfare'' each place it appears in section 14 (15 
                U.S.C. 1273) and inserting ``Commission'';
                    (G) by striking ``Department of Health, Education, 
                and Welfare'' in section 14(b) (15 U.S.C. 1273(b)) and 
                inserting ``Commission'';
                    (H) <<NOTE: 15 USC 12633et al.>>  by striking 
                ``Consumer Product Safety Commission'' each place it 
                appears and inserting ``Commission'';
                    (I) by striking ``(hereinafter in this section 
                referred to as the `Commission')'' in section 14(d) (15 
                U.S.C. 1273(d)) and section 20(a)(1) (15 U.S.C. 
                1275(a)(1)); and
                    (J) by striking paragraph (5) of section 18(b) (15 
                U.S.C. 1261 note).

    (c) Rulemaking Under Flammable Fabrics Act.--
            (1) In general.--Section 4 of the Flammable Fabrics Act (15 
        U.S.C. 1193) is amended--
                    (A) by striking ``shall be commenced'' in subsection 
                (g) and inserting ``may be commenced by a notice of 
                proposed rulemaking or'';
                    (B) by striking ``unless, not less than 60 days 
                after publication of the notice required in subsection 
                (g), the'' in subsection (i) and inserting ``unless 
                the''; and
                    (C) by striking ``Committee on Commerce'' and all 
                that follows through ``Representatives.'' in subsection 
                (i), and inserting ``appropriate Congressional 
                committees. Nothing in this subsection shall preclude 
                any person from submitting an existing standard or 
                portion of a standard as a proposed regulation.''
            (2) Other conforming amendments.--The Flammable Fabrics Act 
        (15 U.S.C. 1193) is amended--
                    (A) by striking paragraph (i) of section 2 (15 
                U.S.C. 1191(i)) and inserting the following:

    ``(i) The term `Commission' means the Consumer Product Safety 
Commission.'';
                    (B) <<NOTE: 15 USC 1193, 1201.>>  by striking 
                ``Secretary of Commerce'' each place it appears and 
                inserting ``Commission'';
                    (C) <<NOTE: 15 USC 1193, 1204.>>  by striking 
                ``Secretary'' each place it appears and inserting 
                ``Commission'', except in sections 9 and 14 (15 U.S.C. 
                1198 and 1201);
                    (D) <<NOTE: 15 USC 1193.>>  by striking ``he'' and 
                ``his'' each place either such word appears in reference 
                to the Secretary and inserting ``it'' and ``its'', 
                respectively;
                    (E) by striking paragraph (5) of section 4(e) (15 
                U.S.C. 1193(e)) and redesignating paragraph (6) as 
                paragraph (5);
                    (F) <<NOTE: 15 USC 1202.>>  by striking ``Consumer 
                Product Safety Commission (hereinafter in this section 
                referred to as the `Commission') in section 15 (15 
                U.S.C. 1202)'' and inserting ``Commission'';

[[Page 122 STAT. 3043]]

                    (G) by amending subsection (d) of section 16 (15 
                U.S.C. 1203) to read as follows:

    ``(d) In this section, a reference to a flammability standard or 
other regulation for a fabric, related material, or product in effect 
under this Act includes a standard of flammability continued in effect 
by section 11 of the Act of December 14, 1967 (Public Law 90-189).''; 
and
                    (H) by striking ``Consumer Product Safety 
                Commission'' in section 17 (15 U.S.C. 1204) and 
                inserting ``Commission''.
SEC. 205. <<NOTE: 15 USC 2076b.>>  INSPECTOR GENERAL AUDITS AND 
                        REPORTS.

    (a) <<NOTE: Reviews.>>  Improvements by the Commission.--The 
Inspector General of the Commission shall conduct reviews and audits to 
assess--
            (1) the Commission's capital improvement efforts, including 
        improvements and upgrades of the Commission's information 
        technology architecture and systems and the development of the 
        database of publicly available information on incidents 
        involving injury or death required under section 6A of the 
        Consumer Product Safety Act, as added by section 212 of this 
        Act; and
            (2) the adequacy of procedures for accrediting conformity 
        assessment bodies as authorized by section 14(a)(3) of the 
        Consumer Product Safety Act (15 U.S.C. 2063(a)(3)), as amended 
        by this Act, and overseeing the third party testing required by 
        such section.

    (b) Employee Complaints.--Within <<NOTE: Deadline. Reviews.>>  1 
year after the date of enactment of this Act, the Inspector General 
shall conduct a review of--
            (1) complaints received by the Inspector General from 
        employees of the Commission about failures of other employees to 
        enforce the rules or regulations of the Consumer Product Safety 
        Act or any other Act enforced by the Commission or otherwise 
        carry out their responsibilities under such Acts if such alleged 
        failures raise issues of conflicts of interest, ethical 
        violations, or the absence of good faith; and
            (2) actions taken by the Commission to address such failures 
        and complaints, including an assessment of the timeliness and 
        effectiveness of such actions.

    (c) Public Internet Website Links.--Not <<NOTE: Deadline. Web 
site.>>  later than 30 days after the date of enactment of this Act, the 
Commission shall establish and maintain--
            (1) a direct link on the homepage of its Internet website to 
        the Internet webpage of the Commission's Office of Inspector 
        General; and
            (2) a mechanism on the webpage of the Commission's Office of 
        Inspector General by which individuals may anonymously report 
        cases of waste, fraud, or abuse with respect to the Commission.

    (d) Reports.--
            (1) Activities and needs of inspector general.--Not later 
        than 60 days after the date of enactment of this Act, the 
        Inspector General of the Commission shall transmit a report to 
        the appropriate Congressional committees on the activities of 
        the Inspector General, any structural barriers which prevent the 
        Inspector General from providing robust oversight of the 
        activities of the Commission, and any additional authority or 
        resources that would facilitate more effective oversight.

[[Page 122 STAT. 3044]]

            (2) Reviews of improvements and employee complaints.--
        Beginning for <<NOTE: Effective date.>>  fiscal year 2010, the 
        Inspector General of the Commission shall include in an annual 
        report to the appropriate Congressional committees the Inspector 
        General's findings, conclusions, and recommendations from the 
        reviews and audits under subsections (a) and (b).
SEC. 206. INDUSTRY-SPONSORED TRAVEL BAN.

    (a) In General.--The Act (15 U.S.C. 1251 et seq.) is amended by 
adding at the end the following new section:
``SEC. 39. <<NOTE: 15 USC 2086.>>  PROHIBITION ON INDUSTRY-
                      SPONSORED TRAVEL.

    ``Notwithstanding section 1353 of title 31, United States Code, and 
section 27(b)(6) of this Act, no Commissioner or employee of the 
Commission shall accept travel, subsistence, or related expenses with 
respect to attendance by a Commissioner or employee at any meeting or 
similar function relating to official duties of a Commissioner or an 
employee, from a person--
            ``(1) seeking official action from, doing business with, or 
        conducting activities regulated by, the Commission; or
            ``(2) whose interests may be substantially affected by the 
        performance or nonperformance of the Commissioner's or 
        employee's official duties.''.

    (b) Clerical Amendment.--The table of contents in section 1 (15 
U.S.C. 2051 note) is amended by inserting at the end the following:

``Sec. 39. Prohibition on industry-sponsored travel.''.

SEC. 207. SHARING OF INFORMATION WITH FEDERAL, STATE, LOCAL, AND 
                        FOREIGN GOVERNMENT AGENCIES.

    Section 29 (15 U.S.C. 2078) is amended by adding at the end the 
following:
    ``(f) Sharing of Information With Federal, State, Local, and Foreign 
Government Agencies.--
            ``(1) Agreements and conditions.--Notwithstanding the 
        requirements of subsections (a)(3) and (b) of section 6, 
        relating to public disclosure of information, the Commission may 
        make information obtained by the Commission available to any 
        Federal, State, local, or foreign government agency upon the 
        prior certification of an appropriate official of any such 
        agency, either by a prior agreement or memorandum of 
        understanding with the Commission or by other written 
        certification, that such material will be maintained in 
        confidence and will be used only for official law enforcement or 
        consumer protection purposes, if--
                    ``(A) the agency has set forth a bona fide legal 
                basis for its authority to maintain the material in 
                confidence;
                    ``(B) the materials are to be used for purposes of 
                investigating, or engaging in enforcement proceedings 
                related to, possible violations of--
                          ``(i) laws regulating the manufacture, 
                      importation, distribution, or sale of defective or 
                      unsafe consumer products, or other practices 
                      substantially similar to practices prohibited by 
                      any law administered by the Commission;

[[Page 122 STAT. 3045]]

                          ``(ii) a law administered by the Commission, 
                      if disclosure of the material would further a 
                      Commission investigation or enforcement 
                      proceeding; or
                          ``(iii) with respect to a foreign law 
                      enforcement agency, with the approval of the 
                      Attorney General, other foreign criminal laws, if 
                      such foreign criminal laws are offenses defined in 
                      or covered by a criminal mutual legal assistance 
                      treaty in force between the government of the 
                      United States and the foreign law enforcement 
                      agency's government; and
                    ``(C) in the case of a foreign government agency, 
                such agency is not from a foreign state that the 
                Secretary of State has determined, in accordance with 
                section 6(j) of the Export Administration Act of 1979 
                (50 U.S.C. App. 2405(j)), has repeatedly provided 
                support for acts of international terrorism, unless and 
                until such determination is rescinded pursuant to 
                section 6(j)(4) of that Act (50 U.S.C. App. 2405(j)(4)).
            ``(2) Abrogation of agreements.--The Commission may abrogate 
        any agreement or memorandum of understanding with another agency 
        if the Commission determines that the other agency has failed to 
        maintain in confidence any information provided under such 
        agreement or memorandum of understanding, or has used any such 
        information for purposes other than those set forth in such 
        agreement or memorandum of understanding.
            ``(3) Additional rules against disclosure.--Except as 
        provided in paragraph (4), the Commission shall not be required 
        to disclose under section 552 of title 5, United States Code, or 
        any other provision of law--
                    ``(A) any material obtained from a foreign 
                government agency, if the foreign government agency has 
                requested confidential treatment, or has precluded such 
                disclosure under other use limitations, as a condition 
                of providing the material;
                    ``(B) any material reflecting a consumer complaint 
                obtained from any other foreign source, if that foreign 
                source supplying the material has requested confidential 
                treatment as a condition of providing the material; or
                    ``(C) any material reflecting a consumer complaint 
                submitted to a Commission reporting mechanism sponsored 
                in part by foreign government agencies.
            ``(4) Limitation.--Nothing in this subsection authorizes the 
        Commission to withhold information from the Congress or prevent 
        the Commission from complying with an order of a court of the 
        United States in an action commenced by the United States or the 
        Commission.
            ``(5) Definition.--In this subsection, the term `foreign 
        government agency' means--
                    ``(A) any agency or judicial authority of a foreign 
                government, including a foreign state, a political 
                subdivision of a foreign state, or a multinational 
                organization constituted by and comprised of foreign 
                states, that is vested with law enforcement or 
                investigative authority in civil, criminal, or 
                administrative matters; and

[[Page 122 STAT. 3046]]

                    ``(B) any multinational organization, to the extent 
                that it is acting on behalf of an entity described in 
                subparagraph (A).

    ``(g) Notification to State Health Departments.--Whenever the 
Commission is notified of any voluntary corrective action taken by a 
manufacturer (or a retailer in the case of a retailer selling a product 
under its own label) in consultation with the Commission, or issues an 
order under section 15(c) or (d) with respect to any product, the 
Commission shall notify each State's health department (or other agency 
designated by the State) of such voluntary corrective action or 
order.''.
SEC. 208. <<NOTE: 15 USC 2053a.>>  EMPLOYEE TRAINING EXCHANGES.

    (a) In General.--The Commission may--
            (1) retain or employ officers or employees of foreign 
        government agencies on a temporary basis pursuant to section 4 
        of the Consumer Product Safety Act (15 U.S.C. 2053) or section 
        3101 or 3109 of title 5, United States Code; and
            (2) detail officers or employees of the Commission to work 
        on a temporary basis for appropriate foreign government agencies 
        for the purpose of providing or receiving training.

    (b) Reciprocity and Reimbursement.--The Commission may execute the 
authority contained in subsection (a) with or without reimbursement in 
money or in kind, and with or without reciprocal arrangements by or on 
behalf of the foreign government agency involved. Any amounts received 
as reimbursement for expenses incurred by the Commission under this 
section shall be credited to the appropriations account from which such 
expenses were paid.
    (c) Standards of Conduct.--An individual retained or employed under 
subsection (a)(1) shall be considered to be a Federal employee while so 
retained or employed, only for purposes of--
            (1) injury compensation as provided in chapter 81 of title 
        5, United States Code, and tort claims liability under chapter 
        171 of title 28, United States Code;
            (2) the Ethics in Government Act (5 U.S.C. App.) and the 
        provisions of chapter 11 of title 18, United States Code; and
            (3) any other statute or regulation governing the conduct of 
        Federal employees.
SEC. 209. ANNUAL REPORTING REQUIREMENT.

    (a) In General.--Section 27(j) (15 U.S.C. 2076(j)) is amended--
            (1) in the matter preceding paragraph (1), by striking ``The 
        Commission'' and inserting ``Notwithstanding section 3003 of the 
        Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 
        1113 note), the Commission''; and
            (2) by redesignating paragraphs (5) through (11) as 
        paragraphs (7) through (13), respectively, and inserting after 
        paragraph (4) the following:
            ``(5) the number and a summary of recall orders issued under 
        section 12 or 15 during such year and a summary of voluntary 
        corrective actions taken by manufacturers in consultation with 
        the Commission of which the Commission has notified the public, 
        and an assessment of such orders and actions;
            ``(6) beginning not later than 1 year after the date of 
        enactment of the Consumer Product Safety Improvement Act of 
        2008--

[[Page 122 STAT. 3047]]

                    ``(A) progress reports and incident updates with 
                respect to action plans implemented under section 15(d);
                    ``(B) statistics with respect to injuries and deaths 
                associated with products that the Commission determines 
                present a substantial product hazard under section 
                15(c); and
                    ``(C) the number and type of communication from 
                consumers to the Commission with respect to each product 
                with respect to which the Commission takes action under 
                section 15(d);''.

    (b) <<NOTE: 15 USC 2076 note.>>  Effective Date.--The amendments 
made by this section shall apply with respect to reports submitted for 
fiscal year 2009 and thereafter.

               Subtitle B--Enhanced Enforcement Authority

SEC. 211. PUBLIC DISCLOSURE OF INFORMATION.

     Section 6 (15 U.S.C. 2055) is amended--
            (1) <<NOTE: Deadline.>>  by inserting ``A manufacturer or 
        private labeler shall submit any such mark within 15 calendar 
        days after the date on which it receives the Commission's 
        offer.'' after ``paragraph (2).'' in subsection (a)(3);
            (2) by striking ``30 days'' in subsection (b)(1) and 
        inserting ``15 days'';
            (3) by striking ``finds that the public'' in subsection 
        (b)(1) and inserting ``publishes a finding that the public'';
            (4) by striking ``notice and publishes such a finding in the 
        Federal Register),'' in subsection (b)(1) and inserting 
        ``notice),'';
            (5) by striking ``10 days'' in subsection (b)(2) and 
        inserting ``5 days'';
            (6) by striking ``finds that the public'' in subsection 
        (b)(2) and inserting ``publishes a finding that the public'';
            (7) by striking ``notice and publishes such finding in the 
        Federal Register.'' in subsection (b)(2) and inserting 
        ``notice.'';
            (8) in subsection (b)--
                    (A) by striking ``(3)'' and inserting ``(3)(A)''; 
                and
                    (B) by adding at the end thereof the following:
                    ``(B) If the Commission determines that the public 
                health and safety requires expedited consideration of an 
                action brought under subparagraph (A), the Commission 
                may file a request with the District Court for such 
                expedited consideration. If the Commission files such a 
                request, the District Court shall--
                          ``(i) assign the matter for hearing at the 
                      earliest possible date;
                          ``(ii) give precedence to the matter, to the 
                      greatest extent practicable, over all other 
                      matters pending on the docket of the court at the 
                      time;
                          ``(iii) expedite consideration of the matter 
                      to the greatest extent practicable; and
                          ``(iv) <<NOTE: Deadline.>>  grant or deny the 
                      requested injunction within 30 days after the date 
                      on which the Commission's request was filed with 
                      the court.'';

[[Page 122 STAT. 3048]]

            (9) by striking ``section 19 (related to prohibited acts);'' 
        in subsection (b)(4) and inserting ``any consumer product safety 
        rule or provision of this Act or similar rule or provision of 
        any other Act enforced by the Commission;'';
            (10) by striking ``or'' after the semicolon in subsection 
        (b)(5)(B);
            (11) by striking ``disclosure.'' in subsection (b)(5)(C) and 
        inserting ``disclosure; or'';
            (12) by inserting in subsection (b)(5) after subparagraph 
        (C) the following:
                    ``(D) the Commission publishes a finding that the 
                public health and safety requires public disclosure with 
                a lesser period of notice than is required under 
                paragraph (1).''; and
            (13) in the matter following subparagraph (D) of subsection 
        (b)(5) (as added by paragraph (12) of this section), by striking 
        ``section 19(a),'' and inserting ``any consumer product safety 
        rule or provision under this Act or similar rule or provision of 
        any other Act enforced by the Commission,''.
SEC. 212. ESTABLISHMENT OF A PUBLIC CONSUMER PRODUCT SAFETY 
                        DATABASE.

    (a) In General.--The Act is amended by inserting after section 6 (15 
U.S.C. 2055) the following:
``SEC. 6A. <<NOTE: 15 USC 2055a.>>  PUBLICLY AVAILABLE CONSUMER 
                      PRODUCT SAFETY INFORMATION DATABASE.

    ``(a) Database Required.--
            ``(1) In general.--Subject to the availability of 
        appropriations, the Commission shall, in accordance with the 
        requirements of this section, establish and maintain a database 
        on the safety of consumer products, and other products or 
        substances regulated by the Commission, that is--
                    ``(A) publicly available;
                    ``(B) searchable; and
                    ``(C) <<NOTE: Web site.>>  accessible through the 
                Internet website of the Commission.
            ``(2) Submission of detailed implementation plan to 
        congress.--Not later <<NOTE: Deadline.>>  than 180 days after 
        the date of enactment of the Consumer Product Safety Improvement 
        Act of 2008, the Commission shall transmit to the appropriate 
        Congressional committees a detailed plan for establishing and 
        maintaining the database required by paragraph (1), including 
        plans for the operation, content, maintenance, and functionality 
        of the database. The plan shall detail the integration of the 
        database into the Commission's overall information technology 
        improvement objectives and plans. The plan submitted under this 
        subsection shall include a detailed implementation schedule for 
        the database, and plans for a public awareness campaign to be 
        conducted by the Commission to increase consumer awareness of 
        the database.
            ``(3) Date of initial availability.--
        Not <<NOTE: Deadline.>>  later than 18 months after the date on 
        which the Commission submits the plan required by paragraph (2), 
        the Commission shall establish the database required by 
        paragraph (1).

    ``(b) Content and Organization.--
            ``(1) Contents.--Except as provided in subsection (c)(4), 
        the database shall include the following:

[[Page 122 STAT. 3049]]

                    ``(A) Reports of harm relating to the use of 
                consumer products, and other products or substances 
                regulated by the Commission, that are received by the 
                Commission from--
                          ``(i) consumers;
                          ``(ii) local, State, or Federal government 
                      agencies;
                          ``(iii) health care professionals;
                          ``(iv) child service providers; and
                          ``(v) public safety entities.
                    ``(B) Information derived by the Commission from 
                notice under section 15(c) or any notice to the public 
                relating to a voluntary corrective action taken by a 
                manufacturer, in consultation with the Commission, of 
                which action the Commission has notified the public.
                    ``(C) The comments received by the Commission under 
                subsection (c)(2)(A) to the extent requested under 
                subsection (c)(2)(B).
            ``(2) Submission of information.--In implementing the 
        database, the Commission shall establish the following:
                    ``(A) Electronic, telephonic, and paper-based means 
                of submitting, for inclusion in the database, reports 
                described in paragraph (1)(A) of this subsection.
                    ``(B) A requirement that any report described in 
                paragraph (1)(A) submitted for inclusion in such 
                database include, at a minimum--
                          ``(i) a description of the consumer product 
                      (or other product or substance regulated by the 
                      Commission) concerned;
                          ``(ii) identification of the manufacturer or 
                      private labeler of the consumer product (or other 
                      product or substance regulated by the Commission);
                          ``(iii) a description of the harm relating to 
                      the use of the consumer product (or other product 
                      or substance regulated by the Commission);
                          ``(iv) contact information for the person 
                      submitting the report; and
                          ``(v) a verification by the person submitting 
                      the information that the information submitted is 
                      true and accurate to the best of the person's 
                      knowledge and that the person consents that such 
                      information be included in the database.
            ``(3) Additional information.--In addition to the reports 
        received under paragraph (1), the Commission shall include in 
        the database, consistent with the requirements of section 6(a) 
        and (b), any additional information it determines to be in the 
        public interest.
            ``(4) Organization of database.--The Commission shall 
        categorize the information available on the database in a manner 
        consistent with the public interest and in such manner as it 
        determines to facilitate easy use by consumers and shall ensure, 
        to the extent practicable, that the database is sortable and 
        accessible by--
                    ``(A) the date on which information is submitted for 
                inclusion in the database;
                    ``(B) the name of the consumer product (or other 
                product or substance regulated by the Commission);
                    ``(C) the model name;

[[Page 122 STAT. 3050]]

                    ``(D) the manufacturer's or private labeler's name; 
                and
                    ``(E) such other elements as the Commission 
                considers in the public interest.
            ``(5) Notice requirements.--The Commission shall provide 
        clear and conspicuous notice to users of the database that the 
        Commission does not guarantee the accuracy, completeness, or 
        adequacy of the contents of the database.
            ``(6) Availability of contact information.--The Commission 
        may not disclose, under this section, the name, address, or 
        other contact information of any individual or entity that 
        submits to the Commission a report described in paragraph 
        (1)(A), except that the Commission may provide such information 
        to the manufacturer or private labeler of the product with the 
        express written consent of the person submitting the 
        information. Consumer information provided to a manufacturer or 
        private labeler under this section may not be used or 
        disseminated to any other party for any purpose other than 
        verifying a report submitted under paragraph (1)(A).

    ``(c) Procedural Requirements.--
            ``(1) Transmission of reports to manufacturers and private 
        labelers.--Not later than 5 business days after the Commission 
        receives a report described in subsection (b)(1)(A) which 
        includes the information required by subsection (b)(2)(B), the 
        Commission shall to the extent practicable transmit the report, 
        subject to subsection (b)(6), to the manufacturer or private 
        labeler identified in the report.
            ``(2) Opportunity to comment.--
                    ``(A) In general.--If the Commission transmits a 
                report under paragraph (1) to a manufacturer or private 
                labeler, the Commission shall provide such manufacturer 
                or private labeler an opportunity to submit comments to 
                the Commission on the information contained in such 
                report.
                    ``(B) Request for inclusion in database.--A 
                manufacturer or private labeler may request the 
                Commission to include its comments in the database.
                    ``(C) Confidential matter.--
                          ``(i) In general.--If the Commission transmits 
                      a report received under paragraph (1) to a 
                      manufacturer or private labeler, the manufacturer 
                      or private labeler may review the report for 
                      confidential information and request that portions 
                      of the report identified as confidential be so 
                      designated.
                          ``(ii) Redaction.--If the Commission 
                      determines that the designated information 
                      contains, or relates to, a trade secret or other 
                      matter referred to in section 1905 of title 18, 
                      United States Code, or that is subject to section 
                      552(b)(4) of title 5, United States Code, the 
                      Commission shall redact the designated information 
                      in the report before it is placed in the database.
                          ``(iii) Review.--If the Commission determines 
                      that the designated information is not 
                      confidential under clause (ii), the Commission 
                      shall notify the manufacturer or private labeler 
                      and include the information in the database. The 
                      manufacturer or private labeler may bring an 
                      action in the district court of the United States 
                      in the district in which the complainant resides,

[[Page 122 STAT. 3051]]

                      or has its principal place of business, or in the 
                      United States District Court for the District of 
                      Columbia, to seek removal of the information from 
                      the database.
            ``(3) Publication of reports and comments.--
                    ``(A) Reports.--Except as provided in paragraph 
                (4)(A), if the Commission receives a report described in 
                subsection (b)(1)(A), the Commission shall make the 
                report available in the database not later than the 10th 
                business day after the date on which the Commission 
                transmits the report under paragraph (1) of this 
                subsection.
                    ``(B) Comments.--Except as provided in paragraph 
                (4)(A), if the Commission receives a comment under 
                paragraph (2)(A) with respect to a report described in 
                subsection (b)(1)(A) and a request with respect to such 
                comment under paragraph (2)(B) of this subsection, the 
                Commission shall make such comment available in the 
                database at the same time as such report or as soon as 
                practicable thereafter.
            ``(4) Inaccurate information.--
                    ``(A) Inaccurate information in reports and comments 
                received.--If, prior to making a report described in 
                subsection (b)(1)(A) or a comment described in paragraph 
                (2) of this subsection available in the database, the 
                Commission determines that the information in such 
                report or comment is materially inaccurate, the 
                Commission shall--
                          ``(i) decline to add the materially inaccurate 
                      information to the database;
                          ``(ii) correct the materially inaccurate 
                      information in the report or comment and add the 
                      report or comment to the database; or
                          ``(iii) add information to correct inaccurate 
                      information in the database.
                    ``(B) Inaccurate information in database.--
                If <<NOTE: Deadline.>>  the Commission determines, after 
                investigation, that information previously made 
                available in the database is materially inaccurate or 
                duplicative of information in the database, the 
                Commission shall, not later than 7 business days after 
                such determination--
                          ``(i) remove such information from the 
                      database;
                          ``(ii) correct such information; or
                          ``(iii) add information to correct inaccurate 
                      information in the database.

    ``(d) Annual Report.--The Commission shall submit to the appropriate 
Congressional committees an annual report on the database, including--
            ``(1) the operation, content, maintenance, functionality, 
        and cost of the database for the reporting year; and
            ``(2) the number of reports and comments for the year--
                    ``(A) received by the Commission under this section;
                    ``(B) posted on the database; and
                    ``(C) corrected on or removed from the database.

    ``(e) GAO Study.--Within <<NOTE: Deadline. Reports.>>  2 years after 
the date on which the Commission establishes the database under this 
section, the Comptroller General shall submit a report to the 
appropriate Congressional committees containing--
            ``(1) an analysis of the general utility of the database, 
        including--

[[Page 122 STAT. 3052]]

                    ``(A) an assessment of the extent of use of the 
                database by consumers, including whether the database is 
                accessed by a broad range of the public and whether 
                consumers find the database to be useful; and
                    ``(B) efforts by the Commission to inform the public 
                about the database; and
            ``(2) recommendations for measures to increase use of the 
        database by consumers and to ensure use by a broad range of the 
        public.

    ``(f) Application of Certain Notice and Disclosure Requirements.--
            ``(1) In general.--The provisions of section 6(a) and (b) 
        shall not apply to the disclosure under this section of a report 
        described in subsection (b)(1)(A) of this section.
            ``(2) Construction.--Paragraph (1) shall not be construed to 
        exempt from the requirements of section 6(a) and (b) information 
        received by the Commission under--
                    ``(A) section 15(b); or
                    ``(B) any other mandatory or voluntary reporting 
                program established between a retailer, manufacturer, or 
                private labeler and the Commission.

    ``(g) Harm Defined.--In this section, the term `harm' means--
            ``(1) injury, illness, or death; or
            ``(2) risk of injury, illness, or death, as determined by 
        the Commission.''.

    (b) <<NOTE: 15 USC 2053 note.>>  Upgrade of Commission Information 
Technology Systems.--The Commission shall expedite efforts to upgrade 
and improve the information technology systems in use by the Commission 
on the date of enactment of this Act.

    (c) Clerical Amendment.--The table of contents in section 1 (15 
U.S.C. 2051 note), as amended by section 206, is amended by inserting 
after the item relating to section 6 the following new item:

``Sec. 6A. Publicly available consumer product safety information 
           database.''.

SEC. 213. PROHIBITION ON STOCKPILING UNDER OTHER COMMISSION-
                        ENFORCED STATUTES.

    Section 9(g)(2) (15 U.S.C. 2058(g)(2)) is amended--
            (1) by inserting ``or to which a rule under this Act or 
        similar rule, regulation, standard, or ban under any other Act 
        enforced by the Commission applies,'' after ``applies,''; and
            (2) by striking ``consumer product safety rule'' the second, 
        third, and fourth places it appears, and inserting ``rule, 
        regulation, standard, or ban''.
SEC. 214. ENHANCED RECALL AUTHORITY AND CORRECTIVE ACTION PLANS.

    (a) Enhanced Recall Authority.--Section 15 (15 U.S.C. 2064) is 
amended--
            (1) in subsection (a)(1), by inserting ``under this Act or a 
        similar rule, regulation, standard, or ban under any other Act 
        enforced by the Commission'' after ``consumer product safety 
        rule'';
            (2) in subsection (b)--
                    (A) by striking ``consumer product distributed in 
                commerce,'' and inserting ``consumer product, or other 
                product or substance over which the Commission has 
                jurisdiction

[[Page 122 STAT. 3053]]

                under any other Act enforced by the Commission (other 
                than motor vehicle equipment as defined in section 
                30102(a)(7) of title 49, United States Code), 
                distributed in commerce,'';
                    (B) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively;
                    (C) by inserting after paragraph (1) the following:
            ``(2) fails to comply with any other rule, regulation, 
        standard, or ban under this Act or any other Act enforced by the 
        Commission;''; and
                    (D) by adding at the end the following: ``A report 
                provided under paragraph (2) may not be used as the 
                basis for criminal prosecution of the reporting person 
                under section 5 of the Federal Hazardous Substances Act 
                (15 U.S.C. 1264), except for offenses which require a 
                showing of intent to defraud or mislead.''.
            (3) in subsection (c)--
                    (A) by inserting ``(1)'' after the subsection 
                designation;
                    (B) by inserting ``or if the Commission, after 
                notifying the manufacturer, determines a product to be 
                an imminently hazardous consumer product and has filed 
                an action under section 12,'' after ``from such 
                substantial product hazard,'';
                    (C) by redesignating paragraphs (1) through (3) as 
                subparagraphs (D) through (F), respectively;
                    (D) by inserting after ``the following actions:'' 
                the following:
            ``(A) To cease distribution of the product.
            ``(B) <<NOTE: Notification.>>  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) <<NOTE: Notification.>>  To notify appropriate State 
        and local public health officials.'';
                    (E) by striking ``comply.'' in subparagraph (D), as 
                redesignated, and inserting ``comply, including posting 
                clear and conspicuous notice on its Internet website, 
                providing notice to any third party Internet website on 
                which such manufacturer, retailer, distributor, or 
                licensor has placed the product for sale, and 
                announcements in languages other than English and on 
                radio and television where the Commission determines 
                that a substantial number of consumers to whom the 
                recall is directed may not be reached by other 
                notice.''; and
                    (F) by adding at the end the following:

    ``(2) The Commission may require a notice described in paragraph (1) 
to be distributed in a language other than English if the Commission 
determines that doing so is necessary to adequately protect the public.
    ``(3) If a district court determines, in an action filed under 
section 12, that the product that is the subject of such action is not 
an imminently hazardous consumer product, the Commission shall rescind 
any order issued under this subsection with respect to such product.'';
            (4) in subsection (f)--
                    (A) by striking ``An order'' and inserting ``(1) 
                Except as provided in paragraph (2), an order''; and

[[Page 122 STAT. 3054]]

                    (B) by inserting at the end the following:

    ``(2) The requirement for a hearing in paragraph (1) shall not apply 
to an order issued under subsection (c) or (d) relating to an imminently 
hazardous consumer product with regard to which the Commission has filed 
an action under section 12.''.
    (b) Corrective Action Plans.--Section 15(d) (15 U.S.C. 2064(d)) is 
amended--
            (1) by inserting ``(1)'' after the subsection designation;
            (2) by inserting ``to provide the notice required by 
        subsection (c) and'' after ``such product'' the first place it 
        appears;
            (3) by striking ``whichever of the following actions the 
        person to whom the order is directed elects:'' and inserting 
        ``any one or more of the following actions it determines to be 
        in the public interest:'';
            (4) by redesignating paragraphs (1), (2), and (3) as 
        subparagraphs (A), (B), and (C);
            (5) in each of subparagraphs (A) and (B) (as so 
        redesignated), by striking ``consumer product safety rule'' each 
        place it appears and inserting ``rule, regulation, standard, or 
        ban'';
            (6) by striking ``more (A)'' in subparagraph (C), as 
        redesignated, and inserting ``more (i)'';
            (7) by striking ``or (B)'' in subparagraph (C), as 
        redesignated, and inserting ``or (ii)'';
            (8) by striking ``An order under this subsection may'' and 
        inserting:

    ``(2) An order under this subsection shall'';
            (9) by striking ``satisfactory to the Commission,'' and 
        inserting ``for approval by the Commission,'';
            (10) by striking ``paragraphs of this subsection under which 
        such person has elected to act'' and inserting ``subparagraphs 
        under which such person has been ordered to act'';
            (11) by striking ``if the person to whom the order is 
        directed elects to take the action described in paragraph (3)'' 
        and insert ``if the Commission orders the action described in 
        subparagraph (C)'';
            (12) by striking ``If an order under this subsection is 
        directed'' and all that follows through ``has the election under 
        this subsection'';
            (13) by striking ``described in paragraph (3).'' and 
        inserting ``described in paragraph (1)(C).''; and
            (14) by adding at the end the following:

    ``(3)(A) If the Commission approves an action plan, it shall 
indicate its approval in writing.
    ``(B) If the Commission finds that an approved action plan is not 
effective or appropriate under the circumstances, or that the 
manufacturer, retailer, or distributor is not executing an approved 
action plan effectively, the Commission may, by order, amend, or require 
amendment of, the action plan. In determining whether an approved plan 
is effective or appropriate under the circumstances, the Commission 
shall consider whether a repair or replacement changes the intended 
functionality of the product.
    ``(C) If the Commission determines, after notice and opportunity for 
comment, that a manufacturer, retailer, or distributor has failed to 
comply substantially with its obligations under its action plan, the 
Commission may revoke its approval of the action plan. The manufacturer, 
retailer, or distributor to which the action plan applies may not 
distribute in commerce the product to which the

[[Page 122 STAT. 3055]]

action plan relates after receipt of notice of a revocation of the 
action plan.''.
    (c) Content of Notice.--Section 15 (15 U.S.C. 2064) is further 
amended by adding at the end the following:
    ``(i) Requirements for Recall Notices.--
            ``(1) Guidelines.--Not <<NOTE: Deadline.>>  later than 180 
        days after the date of enactment of the Consumer Product Safety 
        Improvement Act of 2008, the Commission shall, by rule, 
        establish guidelines setting forth a uniform class of 
        information to be included in any notice required under an order 
        under subsection (c) or (d) of this section or under section 12. 
        Such guidelines shall include any information that the 
        Commission determines would be helpful to consumers in--
                    ``(A) identifying the specific product that is 
                subject to such an order;
                    ``(B) understanding the hazard that has been 
                identified with such product (including information 
                regarding incidents or injuries known to have occurred 
                involving such product); and
                    ``(C) understanding what remedy, if any, is 
                available to a consumer who has purchased the product.
            ``(2) Content.--Except to the extent that the Commission 
        determines with respect to a particular product that one or more 
        of the following items is unnecessary or inappropriate under the 
        circumstances, the notice shall include the following:
                    ``(A) description of the product, including--
                          ``(i) the model number or stock keeping unit 
                      (SKU) number of the product;
                          ``(ii) the names by which the product is 
                      commonly known; and
                          ``(iii) a photograph of the product.
                    ``(B) A description of the action being taken with 
                respect to the product.
                    ``(C) The number of units of the product with 
                respect to which the action is being taken.
                    ``(D) A description of the substantial product 
                hazard and the reasons for the action.
                    ``(E) An identification of the manufacturers and 
                significant retailers of the product.
                    ``(F) The dates between which the product was 
                manufactured and sold.
                    ``(G) The number and a description of any injuries 
                or deaths associated with the product, the ages of any 
                individuals injured or killed, and the dates on which 
                the Commission received information about such injuries 
                or deaths.
                    ``(H) A description of--
                          ``(i) any remedy available to a consumer;
                          ``(ii) any action a consumer must take to 
                      obtain a remedy; and
                          ``(iii) any information a consumer needs in 
                      order to obtain a remedy or information about a 
                      remedy, such as mailing addresses, telephone 
                      numbers, fax numbers, and email addresses.
                    ``(I) Other information the Commission deems 
                appropriate.''.

[[Page 122 STAT. 3056]]

SEC. 215. INSPECTION OF FIREWALLED CONFORMITY ASSESSMENT BODIES; 
                        IDENTIFICATION OF SUPPLY CHAIN.

    (a) Inspection of Firewalled Conformity Assessment Body.--Section 
16(a) (15 U.S.C. 2065(a)) is amended--
            (1) by striking ``or (B)'' and inserting ``(B) any 
        firewalled conformity assessment bodies accredited under section 
        14(f)(2)(D), or (C)'' in paragraph (1); and
            (2) by inserting ``firewalled conformity assessment body,'' 
        after ``factory,'' in paragraph (2).

    (b) Identification of Manufacturers, Importers, Retailers, and 
Distributors.--Section 16 (15 U.S.C. 2065) is further amended by adding 
at the end thereof the following:
    ``(c) Identification of Manufacturers, Importers, Retailers, and 
Distributors.--Upon request by an officer or employee duly designated by 
the Commission--
            ``(1) every importer, retailer, or distributor of a consumer 
        product (or other product or substance over which the Commission 
        has jurisdiction under this or any other Act) shall identify the 
        manufacturer of that product by name, address, or such other 
        identifying information as the officer or employee may request, 
        to the extent that such information is known or can be readily 
        determined by the importer, retailer, or distributor; and
            ``(2) every manufacturer shall identify by name, address, or 
        such other identifying information as the officer or employee 
        may request--
                    ``(A) each retailer or distributor to which the 
                manufacturer directly supplied a given consumer product 
                (or other product or substance over which the Commission 
                has jurisdiction under this or any other Act);
                    ``(B) each subcontractor involved in the production 
                or fabrication of such product or substance; and
                    ``(C) each subcontractor from which the manufacturer 
                obtained a component thereof.''.

    (c) Conforming Amendments.--Section 16 (15 U.S.C. 2065) is further 
amended--
            (1) in subsection (a), by inserting ``Inspection.--'' after 
        the subsection designation; and
            (2) in subsection (b), by inserting ``Recordkeeping.--'' 
        after the subsection designation.
SEC. 216. PROHIBITED ACTS.

    (a) Sale of Recalled Products.--Section 19(a) (15 U.S.C. 2068(a)) is 
amended--
            (1) by striking paragraphs (1) and (2) and inserting the 
        following:
            ``(1) sell, offer for sale, manufacture for sale, distribute 
        in commerce, or import into the United States any consumer 
        product, or other product or substance that is regulated under 
        this Act or any other Act enforced by the Commission, that is 
        not in conformity with an applicable consumer product safety 
        rule under this Act, or any similar rule, regulation, standard, 
        or ban under any other Act enforced by the Commission;
            ``(2) sell, offer for sale, manufacture for sale, distribute 
        in commerce, or import into the United States any consumer 
        product, or other product or substance that is--

[[Page 122 STAT. 3057]]

                    ``(B) subject to voluntary corrective action taken 
                by the manufacturer, in consultation with the 
                Commission, of which action the Commission has notified 
                the public or if the seller, distributor, or 
                manufacturer knew or should have known of such voluntary 
                corrective action;
                    ``(C) subject to an order issued under section 12 or 
                15 of this Act; or
                    ``(D) a banned hazardous substance within the 
                meaning of section 2(q)(1) of the Federal Hazardous 
                Substances Act (15 U.S.C. 1261(q)(1));'';
            (2) by amending paragraph (6) to read as follows:
            ``(6) fail to furnish a certificate required by this Act or 
        any other Act enforced by the Commission, or to issue a false 
        certificate if such person in the exercise of due care has 
        reason to know that the certificate is false or misleading in 
        any material respect; or to fail to comply with any requirement 
        of section 14 (including the requirement for tracking labels) or 
        any rule or regulation under such section;''.
            (3) by striking ``or'' after the semicolon in paragraph (7);
            (4) by striking ``and'' after the semicolon in paragraph 
        (8);
            (5) by striking ``insulation).'' in paragraph (9) and 
        inserting ``insulation);''; and
            (6) by striking the period at the end of paragraph (10) and 
        inserting a semicolon; and
            (7) by inserting at the end the following:
            ``(12) sell, offer for sale, distribute in commerce, or 
        import into the United States any consumer product bearing a 
        registered safety certification mark owned by an accredited 
        conformity assessment body, which mark is known, or should have 
        been known, by such person to be used in a manner unauthorized 
        by the owner of that certification mark;
            ``(13) misrepresent to any officer or employee of the 
        Commission the scope of consumer products subject to an action 
        required under section 12 or 15, or to make a material 
        misrepresentation to such an officer or employee in the course 
        of an investigation under this Act or any other Act enforced by 
        the Commission; or
            ``(14) exercise, or attempt to exercise, undue influence on 
        a third party conformity assessment body (as defined in section 
        14(f)(2)) with respect to the testing, or reporting of the 
        results of testing, of any product for compliance under this Act 
        or any other Act enforced by the Commission.
            ``(15) export from the United States for purpose of sale any 
        consumer product, or other product or substance regulated by the 
        Commission (other than a consumer product or substance, the 
        export of which is permitted by the Secretary of the Treasury 
        pursuant to section 17(e)) that--
                    ``(A) is subject to an order issued under section 12 
                or 15 of this Act or is a banned hazardous substance 
                within the meaning of section 2(q)(1) of the Federal 
                Hazardous Substances Act (15 U.S.C. 1261(q)(1)); or
                    ``(B) is subject to a voluntary corrective action 
                taken by the manufacturer, in consultation with the 
                Commission, of which action the Commission has notified 
                the public; or

[[Page 122 STAT. 3058]]

            ``(16) violate an order of the Commission issued under 
        section 18(c).''.

    (b) Conforming Amendment.--Section 17(a)(2) (15 U.S.C. 2066(a)(2)) 
is amended to read as follows:
            ``(2) is not accompanied by a certificate required by this 
        Act or any other Act enforced by the Commission, or is 
        accompanied by a false certificate, if the manufacturer in the 
        exercise of due care has reason to know that the certificate is 
        false or misleading in any material respect, or is not 
        accompanied by any label or certificate (including tracking 
        labels) required under section 14 or any rule or regulation 
        under such section;''.
SEC. 217. PENALTIES.

    (a) Maximum Civil Penalties of the Consumer Product Safety 
Commission.--
            (1) Consumer product safety act.--Section 20(a)(1) (15 
        U.S.C. 2069(a)(1)) is amended--
                    (A) by striking ``$5,000'' and inserting 
                ``$100,000'';
                    (B) by striking ``$1,250,000'' both places it 
                appears and inserting ``$15,000,000''; and
                    (C) by striking ``December 1, 1994,'' in paragraph 
                (3)(B) and inserting ``December 1, 2011,''.
            (2) Federal hazardous substances act.--Section 5(c)(1) of 
        the Federal Hazardous Substances Act (15 U.S.C. 1264(c)(1)) is 
        amended--
                    (A) by striking ``$5,000'' in paragraph (1) and 
                inserting ``$100,000'';
                    (B) by striking ``$1,250,000'' both places it 
                appears and inserting ``$15,000,000''; and
                    (C) by striking ``December 1, 1994,'' in paragraph 
                (6)(B) and inserting ``December 1, 2011,''.
            (3) Flammable fabrics act.--Section 5(e)(1) of the Flammable 
        Fabrics Act (15 U.S.C. 1194(e)(1)) is amended--
                    (A) by striking ``$5,000'' in paragraph (1) and 
                inserting ``$100,000'';
                    (B) by striking ``$1,250,000'' and inserting 
                ``$15,000,000''; and
                    (C) by striking ``December 1, 1994,'' in paragraph 
                (6)(B) and inserting ``December 1, 2011,''.
            (4) <<NOTE: 15 USC 1194 note.>>  Effective date.--The 
        amendments made by this subsection shall take effect on the date 
        that is the earlier of the date on which final regulations are 
        issued under subsection (b)(2) or 1 year after the date of 
        enactment of this Act.

    (b) Determination of Penalties by the Consumer Product Safety 
Commission.--
            (1) Factors to be considered.--
                    (A) Consumer product safety act.--Section 20 (15 
                U.S.C. 2069) is amended--
                          (i) in subsection (b)--
                                    (I) by inserting ``the nature, 
                                circumstances, extent, and gravity of 
                                the violation, including'' after ``shall 
                                consider'';
                                    (II) by striking ``products 
                                distributed, and'' and inserting 
                                ``products distributed,'' ; and
                                    (III) by inserting ``, including how 
                                to mitigate undue adverse economic 
                                impacts on small

[[Page 122 STAT. 3059]]

                                businesses, and such other factors as 
                                appropriate'' before the period; and
                          (ii) in subsection (c)--
                                    (I) by inserting ``, including how 
                                to mitigate undue adverse economic 
                                impacts on small businesses, the nature, 
                                circumstances, extent, and gravity of 
                                the violation, including'' after 
                                ``person charged''; and
                                    (II) by inserting ``, and such other 
                                factors as appropriate'' after 
                                ``products distributed''.
                    (B) Federal hazardous substances act.--Section 5(c) 
                of the Federal Hazardous Substances Act (15 U.S.C. 
                1264(c)) is amended--
                          (i) in paragraph (3)--
                                    (I) by inserting ``the nature, 
                                circumstances, extent, and gravity of 
                                the violation, including'' after ``shall 
                                consider'';
                                    (II) by striking ``substance 
                                distributed, and'' and inserting 
                                ``substance distributed,''; and
                                    (III) by inserting ``, including how 
                                to mitigate undue adverse economic 
                                impacts on small businesses, and such 
                                other factors as appropriate'' before 
                                the period; and
                          (ii) in paragraph (4)--
                                    (I) by inserting ``, including how 
                                to mitigate undue adverse economic 
                                impacts on small businesses, the nature, 
                                circumstances, extent, and gravity of 
                                the violation, including'' after 
                                ``person charged''; and
                                    (II) by inserting ``, and such other 
                                factors as appropriate'' after 
                                ``substance distributed''.
                    (C) Flammable fabrics act.--Section 5(e) of the 
                Flammable Fabrics Act (15 U.S.C. 1194(e)) is amended--
                          (i) in paragraph (2)--
                                    (I) by striking ``nature and 
                                number'' and inserting ``nature, 
                                circumstances, extent, and gravity'';
                                    (II) by striking ``absence of 
                                injury, and'' and inserting ``absence of 
                                injury,''; and
                                    (III) by inserting ``, and such 
                                other factors as appropriate'' before 
                                the period; and
                          (ii) in paragraph (3)--
                                    (I) by striking ``nature and 
                                number'' and inserting ``nature, 
                                circumstances, extent, and gravity'';
                                    (II) by striking ``absence of 
                                injury, and'' and inserting ``absence of 
                                injury,''; and
                                    (III) by inserting ``, and such 
                                other factors as appropriate'' before 
                                the period.
            (2) Civil penalty criteria.--
        Not <<NOTE: Deadline. Regulations. 15 USC 2069 note.>>  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.

[[Page 122 STAT. 3060]]

        1264(c)(3)), and section 5(e)(2) of the Flammable Fabrics Act 
        (15 U.S.C. 1194(e)(2)), as amended by subsection (a).

    (c) Criminal Penalties.--
            (1) In general.--Section 21(a) (15 U.S.C. 2070(a)) is 
        amended to read as follows:

    ``(a) Violation of section 19 of this Act is punishable by--
            ``(1) imprisonment for not more than 5 years for a knowing 
        and willful violation of that section;
            ``(2) a fine determined under section 3571 of title 18, 
        United States Code; or
            ``(3) both.''.
            (2) Directors, officers, and agents.--Section 21(b) (15 
        U.S.C. 2070(b)) is amended by striking ``19, and who has 
        knowledge of notice of noncompliance received by the corporation 
        from the Commission,'' and inserting ``19''.
            (3) Under the federal hazardous substances act.--Section 
        5(a) of the Federal Hazardous Substances Act (15 U.S.C. 1264(a)) 
        is amended by striking ``one year, or a fine of not more than 
        $3,000, or both such imprisonment and fine.'' and inserting ``5 
        years, a fine determined under section 3571 of title 18, United 
        States Code, or both.''.
            (4) Under the flammable fabrics act.--Section 7 of the 
        Flammable Fabrics Act (15 U.S.C. 1196) is amended to read as 
        follows:

                               ``penalties

    ``Sec. 7.  Violation of section 3 or 8(b) of this Act, or failure to 
comply with section 15(c) of this Act, is punishable by--
            ``(1) imprisonment for not more than 5 years for a knowing 
        and willful violation of that section;
            ``(2) a fine determined under section 3571 of title 18, 
        United States Code; or
            ``(3) both.''.

    (d) Criminal Penalties To Include Asset Forfeiture.--Section 21 (15 
U.S.C. 2070) is amended by adding at the end thereof the following:
    ``(c)(1) In addition to the penalties provided by subsection (a), 
the penalty for a criminal violation of this Act or any other Act 
enforced by the Commission may include the forfeiture of assets 
associated with the violation.
    ``(2) <<NOTE: Definition.>>  In this subsection, the term `criminal 
violation' means a violation of this Act or any other Act enforced by 
the Commission for which the violator is sentenced to pay a fine, be 
imprisoned, or both.''.
SEC. 218. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

    (a) In General.--Section 24 (15 U.S.C. 2073) is amended--
            (1) by striking ``private'' in the section heading and 
        inserting ``additional'';
            (2) by inserting ``(a) In General.--'' before ``Any 
        interested person''; and
            (3) by adding at the end the following:

    ``(b) State Attorney General Enforcement.--
            ``(1) Right of action.--Except as provided in paragraph (5), 
        the attorney general of a State, or other authorized State 
        officer, alleging a violation of section 19(a)(1), (2), (5), 
        (6), (7), (9), or (12) of this Act that affects or may affect 
        such State

[[Page 122 STAT. 3061]]

        or its residents may bring an action on behalf of the residents 
        of the State in any United States district court for the 
        district in which the defendant is found or transacts business 
        to obtain appropriate injunctive relief.
            ``(2) Initiation of civil action.--
                    ``(A) <<NOTE: Deadline.>>  Notice to commission 
                required in all cases.--A State shall provide written 
                notice to the Commission regarding any civil action 
                under paragraph (1). Except when proceeding under 
                subparagraph (C), the State shall provide the notice at 
                least 30 days before the date on which the State intends 
                to initiate the civil action by filing a complaint.
                    ``(B) Filing of complaint.--A State may initiate the 
                civil action by filing a complaint--
                          ``(i) at any time after the date on which the 
                      30-day period ends; or
                          ``(ii) earlier than such date if the 
                      Commission consents to an earlier initiation of 
                      the civil action by the State.
                    ``(C) Actions involving substantial product 
                hazard.--Notwithstanding subparagraph (B), a State may 
                initiate a civil action under paragraph (1) by filing a 
                complaint immediately after notifying the Commission of 
                the State's determination that such immediate action is 
                necessary to protect the residents of the State from a 
                substantial product hazard (as defined in section 
                15(a)).
                    ``(D) Form of notice.--The written notice required 
                by this paragraph may be provided by electronic mail, 
                facsimile machine, or any other means of communication 
                accepted by the Commission.
                    ``(E) Copy of complaint.--A State shall provide a 
                copy of the complaint to the Commission upon filing the 
                complaint or as soon as possible thereafter.
            ``(3) Intervention by the commission.--The Commission may 
        intervene in such civil action and upon intervening--
                    ``(A) be heard on all matters arising in such civil 
                action; and
                    ``(B) file petitions for appeal of a decision in 
                such civil action.
            ``(4) Construction.--Nothing in this section, section 5(d) 
        of the Federal Hazardous Substances Act (15 U.S.C. 1264(d)), 
        section 9 of the Poison Prevention Packaging Act of 1970, or 
        section 5(a) of the Flammable Fabrics Act (15 U.S.C. 1194(d)) 
        shall be construed--
                    ``(A) to prevent the attorney general of a State, or 
                other authorized State officer, from exercising the 
                powers conferred on the attorney general, or other 
                authorized State officer, by the laws of such State; or
                    ``(B) to prohibit the attorney general of a State, 
                or other authorized State officer, from proceeding in 
                State or Federal court on the basis of an alleged 
                violation of any civil or criminal statute of that 
                State.
            ``(5) Limitation.--No separate suit shall be brought under 
        this subsection (other than a suit alleging a violation of 
        paragraph (1) or (2) of section 19(a)) if, at the time the suit 
        is brought, the same alleged violation is the subject of a 
        pending civil or criminal action by the United States under this 
        Act.

[[Page 122 STAT. 3062]]

            ``(6) Restrictions on private counsel.--If private counsel 
        is retained to assist in any civil action under paragraph (1), 
        the private counsel retained to assist the State may not--
                    ``(A) share with participants in other private civil 
                actions that arise out of the same operative facts any 
                information that is--
                          ``(i) subject to attorney-client or work 
                      product privilege; and
                          ``(ii) was obtained during discovery in the 
                      action under paragraph (1); or
                    ``(B) use any information that is subject to 
                attorney-client or work product privilege that was 
                obtained while assisting the State in the action under 
                paragraph (1) in any other private civil actions that 
                arise out of the same operative facts.''.

    (b) Conforming Amendments.--
            (1) Poison prevention packaging act.--The Poison Prevention 
        Packaging Act of 1970 (15 U.S.C. 1471 et seq.) is amended by 
        adding at the end the following:
``SEC. 9. <<NOTE: 15 USC 1477.>>  ENFORCEMENT BY STATE ATTORNEYS 
                    GENERAL.

    ``The attorney general of a State, or other authorized State 
officer, alleging a violation of a standard or rule promulgated under 
section 3 that affects or may affect such State or its residents, may 
bring an action on behalf of the residents of the State in any United 
States district court for the district in which the defendant is found 
or transacts business to obtain appropriate injunctive relief. 
The <<NOTE: Applicability.>>  procedural requirements of section 24(b) 
of the Consumer Product Safety Act (15 U.S.C. 2073(b)) shall apply to 
any such action.''.
            (2) Clerical amendment.--The table of contents in section 1 
        (15 U.S.C. 2051 note) is amended by striking the item relating 
        to section 24 and inserting the following:

``Sec. 24. Additional enforcement of product safety rules and of section 
           15 orders.''.

SEC. 219. WHISTLEBLOWER PROTECTIONS.

    (a) In General.--The Act (15 U.S.C. 2051 et seq.), as amended by 
section 206 of this Act, is further amended by adding at the end the 
following:

                       ``whistleblower protection

    ``Sec. 40.  (a) <<NOTE: 15 USC 2087.>>  No manufacturer, private 
labeler, distributor, or retailer, may discharge an employee or 
otherwise discriminate against an employee with respect to compensation, 
terms, conditions, or privileges of employment because the employee, 
whether at the employee's initiative or in the ordinary course of the 
employee's duties (or any person acting pursuant to a request of the 
employee)--
            ``(1) provided, caused to be provided, or is about to 
        provide or cause to be provided to the employer, the Federal 
        Government, or the attorney general of a State information 
        relating to any violation of, or any act or omission the 
        employee reasonably believes to be a violation of any provision 
        of this Act or any other Act enforced by the Commission, or any 
        order, rule, regulation, standard, or ban under any such Acts;
            ``(2) testified or is about to testify in a proceeding 
        concerning such violation;

[[Page 122 STAT. 3063]]

            ``(3) assisted or participated or is about to assist or 
        participate in such a proceeding; or
            ``(4) objected to, or refused to participate in, any 
        activity, policy, practice, or assigned task that the employee 
        (or other such person) reasonably believed to be in violation of 
        any provision of this Act or any other Act enforced by the 
        Commission, or any order, rule, regulation, standard, or ban 
        under any such Acts.

    ``(b)(1) <<NOTE: Discrimination. Deadline.>>  A person who believes 
that he or she has been discharged or otherwise discriminated against by 
any person in violation of subsection (a) may, not later than 180 days 
after the date on which such violation occurs, file (or have any person 
file on his or her behalf) a complaint with the Secretary of Labor 
alleging such discharge or discrimination and identifying the person 
responsible for such act. <<NOTE: Notification.>>  Upon receipt of such 
a complaint, the Secretary shall notify, in writing, the person named in 
the complaint of the filing of the complaint, of the allegations 
contained in the complaint, of the substance of evidence supporting the 
complaint, and of the opportunities that will be afforded to such person 
under paragraph (2).

    ``(2)(A) <<NOTE: Deadlines. Notification. Investigation. Order.>>  
Not later than 60 days after the date of receipt of a complaint filed 
under paragraph (1) and after affording the complainant and the person 
named in the complaint an opportunity to submit to the Secretary a 
written response to the complaint and an opportunity to meet with a 
representative of the Secretary to present statements from witnesses, 
the Secretary shall initiate an investigation and determine whether 
there is reasonable cause to believe that the complaint has merit and 
notify, in writing, the complainant and the person alleged to have 
committed a violation of subsection (a) of the Secretary's findings. If 
the Secretary concludes that there is reasonable cause to believe that a 
violation of subsection (a) has occurred, the Secretary shall accompany 
the Secretary's findings with a preliminary order providing the relief 
prescribed by paragraph (3)(B). Not later than 30 days after the date of 
notification of findings under this paragraph, either the person alleged 
to have committed the violation or the complainant may file objections 
to the findings or preliminary order, or both, and request a hearing on 
the record. The filing of such objections shall not operate to stay any 
reinstatement remedy contained in the preliminary order. Any such 
hearing shall be conducted expeditiously. If a hearing is not requested 
in such 30-day period, the preliminary order shall be deemed a final 
order that is not subject to judicial review.

    ``(B)(i) The Secretary shall dismiss a complaint filed under this 
subsection and shall not conduct an investigation otherwise required 
under subparagraph (A) unless the complainant makes a prima facie 
showing that any behavior described in paragraphs (1) through (4) of 
subsection (a) was a contributing factor in the unfavorable personnel 
action alleged in the complaint.
    ``(ii) Notwithstanding a finding by the Secretary that the 
complainant has made the showing required under clause (i), no 
investigation otherwise required under subparagraph (A) shall be 
conducted if the employer demonstrates, by clear and convincing 
evidence, that the employer would have taken the same unfavorable 
personnel action in the absence of that behavior.
    ``(iii) The Secretary may determine that a violation of subsection 
(a) has occurred only if the complainant demonstrates that any

[[Page 122 STAT. 3064]]

behavior described in paragraphs (1) through (4) of subsection (a) was a 
contributing factor in the unfavorable personnel action alleged in the 
complaint.
    ``(iv) Relief may not be ordered under subparagraph (A) if the 
employer demonstrates by clear and convincing evidence that the employer 
would have taken the same unfavorable personnel action in the absence of 
that behavior.
    ``(3)(A) <<NOTE: Deadline. Order.>>  Not later than 120 days after 
the date of conclusion of any hearing under paragraph (2), the Secretary 
shall issue a final order providing the relief prescribed by this 
paragraph or denying the complaint. At any time before issuance of a 
final order, a proceeding under this subsection may be terminated on the 
basis of a settlement agreement entered into by the Secretary, the 
complainant, and the person alleged to have committed the violation.

    ``(B) If, in response to a complaint filed under paragraph (1), the 
Secretary determines that a violation of subsection (a) has occurred, 
the Secretary shall order the person who committed such violation--
            ``(i) to take affirmative action to abate the violation;
            ``(ii) to reinstate the complainant to his or her former 
        position together with compensation (including back pay) and 
        restore the terms, conditions, and privileges associated with 
        his or her employment; and
            ``(iii) to provide compensatory damages to the complainant.

If such an order is issued under this paragraph, the Secretary, at the 
request of the complainant, shall assess against the person against whom 
the order is issued a sum equal to the aggregate amount of all costs and 
expenses (including attorneys' and expert witness fees) reasonably 
incurred, as determined by the Secretary, by the complainant for, or in 
connection with, the bringing of the complaint upon which the order was 
issued.
    ``(C) If the Secretary finds that a complaint under paragraph (1) is 
frivolous or has been brought in bad faith, the Secretary may award to 
the prevailing employer a reasonable attorneys' fee, not exceeding 
$1,000, to be paid by the complainant.
    ``(4) <<NOTE: Deadlines.>>  If the Secretary has not issued a final 
decision within 210 days after the filing of the complaint, or within 90 
days after receiving a written determination, the complainant may bring 
an action at law or equity for de novo review in the appropriate 
district court of the United States with jurisdiction, which shall have 
jurisdiction over such an action without regard to the amount in 
controversy, and which action shall, at the request of either party to 
such action, be tried by the court with a jury. The proceedings shall be 
governed by the same legal burdens of proof specified in paragraph 
(2)(B). The court shall have jurisdiction to grant all relief necessary 
to make the employee whole, including injunctive relief and compensatory 
damages, including--
            ``(A) reinstatement with the same seniority status that the 
        employee would have had, but for the discharge or 
        discrimination;
            ``(B) the amount of back pay, with interest; and
            ``(C) compensation for any special damages sustained as a 
        result of the discharge or discrimination, including litigation 
        costs, expert witness fees, and reasonable attorney's fees.

    ``(5)(A) Unless the complainant brings an action under paragraph 
(4), any person adversely affected or aggrieved by a final

[[Page 122 STAT. 3065]]

order issued under paragraph (3) may obtain review of the order in the 
United States Court of Appeals for the circuit in which the violation, 
with respect to which the order was issued, allegedly occurred or the 
circuit in which the complainant resided on the date of such 
violation. <<NOTE: Deadline.>>  The petition for review must be filed 
not later than 60 days after the date of the issuance of the final order 
of the Secretary. Review shall conform to chapter 7 of title 5, United 
States Code. The commencement of proceedings under this subparagraph 
shall not, unless ordered by the court, operate as a stay of the order.

    ``(B) An order of the Secretary with respect to which review could 
have been obtained under subparagraph (A) shall not be subject to 
judicial review in any criminal or other civil proceeding.
    ``(6) Whenever any person has failed to comply with an order issued 
under paragraph (3), the Secretary may file a civil action in the United 
States district court for the district in which the violation was found 
to occur, or in the United States district court for the District of 
Columbia, to enforce such order. In actions brought under this 
paragraph, the district courts shall have jurisdiction to grant all 
appropriate relief including, but not limited to, injunctive relief and 
compensatory damages.
    ``(7)(A) A person on whose behalf an order was issued under 
paragraph (3) may commence a civil action against the person to whom 
such order was issued to require compliance with such order. The 
appropriate United States district court shall have jurisdiction, 
without regard to the amount in controversy or the citizenship of the 
parties, to enforce such order.
    ``(B) The court, in issuing any final order under this paragraph, 
may award costs of litigation (including reasonable attorneys' and 
expert witness fees) to any party whenever the court determines such 
award is appropriate.
    ``(c) Any nondiscretionary duty imposed by this section shall be 
enforceable in a mandamus proceeding brought under section 1361 of title 
28, United States Code.
    ``(d) Subsection (a) shall not apply with respect to an employee of 
a manufacturer, private labeler, distributor, or retailer who, acting 
without direction from such manufacturer, private labeler, distributor, 
or retailer (or such person's agent), deliberately causes a violation of 
any requirement relating to any violation or alleged violation of any 
order, regulation, or consumer product safety standard under this Act or 
any other law enforced by the Commission.''.
    (b) Conforming Amendment.--The table of contents, as amended by 
section 206 of this Act, is further amended by inserting after the item 
relating to section 39 the following:

``Sec. 40. Whistleblower protection.''.

              Subtitle C--Specific Import-Export Provisions

SEC. 221. EXPORT OF RECALLED AND NON-CONFORMING PRODUCTS.

    (a) In General.--Section 18 (15 U.S.C. 2067) is amended--
            (1) in subsection (b), by striking ``any product--'' and all 
        that follows through ``promulgated under section 9,'' and 
        inserting ``any product which is not in conformity with an

[[Page 122 STAT. 3066]]

        applicable consumer product safety rule in effect under this 
        Act,''; and
            (2) by adding at the end the following:

    ``(c) <<NOTE: Notification. Deadline.>>  The Commission may prohibit 
a person from exporting from the United States for purpose of sale any 
consumer product that is not in conformity with an applicable consumer 
product safety rule under this Act, unless the importing country has 
notified the Commission that such country accepts the importation of 
such consumer product, provided that if the importing country has not so 
notified the Commission within 30 days after the Commission has provided 
notice to the importing country of the impending shipment, the 
Commission may take such action as appropriate within its authority with 
respect to the disposition of the product under the circumstances.

    ``(d) Nothing in this section shall apply to any consumer product, 
the export of which is permitted by the Secretary of the Treasury 
pursuant to section 17(e).''.
    (b) Conforming Amendments to Flammable Fabrics Act.--Section 15 of 
the Flammable Fabrics Act (15 U.S.C. 1202) is amended by adding at the 
end the following:
    ``(d) <<NOTE: Notification. Deadline.>>  Notwithstanding any other 
provision of this section, the Consumer Product Safety Commission may 
prohibit, by order, a person from exporting from the United States for 
purpose of sale any fabric or related material that the Commission 
determines is not in conformity with an applicable standard or rule 
under this Act, unless the importing country has notified the Commission 
that such country accepts the importation of such fabric or related 
material, provided that if the importing country has not so notified the 
Commission within 30 days after the Commission has provided notice to 
the importing country of the impending shipment, the Commission may take 
such action as is appropriate with respect to the disposition of the 
fabric or related material under the circumstances.

    ``(e) Nothing in this section shall apply to any fabric or related 
material, the export of which is permitted by the Secretary of the 
Treasury pursuant to section 17(e).''.
SEC. 222. <<NOTE: 15 USC 2066 note.>>  IMPORT SAFETY MANAGEMENT 
                        AND INTERAGENCY COOPERATION.

    (a) Risk Assessment Methodology.--Not <<NOTE: Deadline.>>  later 
than 2 years after the date of enactment of this Act, the Commission 
shall develop a risk assessment methodology for the identification of 
shipments of consumer products that are--
            (1) intended for import into the United States; and
            (2) likely to include consumer products in violation of 
        section 17(a) of the Consumer Product Safety Act (15 U.S.C. 
        2066(a)) or other import provisions enforced by the Commission.

    (b) Use of International Trade Data System and Other Databases.--In 
developing the methodology required under subsection (a), the Commission 
shall--
            (1) provide for the use of the International Trade Data 
        System, insofar as is practicable, established under section 
        411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)) to evaluate 
        and assess information about shipments of consumer products 
        intended for import into the customs territory of the United 
        States;

[[Page 122 STAT. 3067]]

            (2) incorporate the risk assessment methodology required 
        under this section into its information technology modernization 
        plan;
            (3) examine, in consultation with U.S. Customs and Border 
        Protection, how to share information collected and retained by 
        the Commission, including information in the database required 
        under section 6A of the Consumer Product Safety Act, for the 
        purpose of identifying shipments of consumer products in 
        violation of section 17(a) of such Act (15 U.S.C. 2066(a)) or 
        other import provisions enforced by the Commission; and
            (4) examine, in consultation with U.S. Customs and Border 
        Protection, how to share information required by section 15(j) 
        of the CPSA as added by section 223 of this Act for the purpose 
        of identifying shipments of consumer products in violation of 
        section 17(a) of the Consumer Product Safety Act (15 U.S.C. 
        2066(a)) or other import provisions enforced by the Commission.

    (c) Cooperation With U.S. Customs and Border Protection.--Not later 
than <<NOTE: Deadline. Plans.>>  1 year after the date of enactment of 
this Act, the Commission shall develop a plan for sharing information 
and coordinating with U.S. Customs and Border Protection that considers, 
at a minimum, the following:
            (1) The number of full-time equivalent personnel employed by 
        the Commission that should be stationed at U.S. ports of entry 
        for the purpose of identifying shipments of consumer products 
        that are in violation of section 17(a) of the Consumer Product 
        Safety Act (15 U.S.C. 2066(a)) or other import provisions 
        enforced by the Commission.
            (2) The extent and nature of cooperation between the 
        Commission and U.S. Customs and Border Protection personnel 
        stationed at ports of entry in the identification of shipments 
        of consumer product that are in violation of section 17(a) of 
        the Consumer Product Safety Act (15 U.S.C. 2066(a)) or other 
        import provisions enforced by the Commission under this Act or 
        any other provision of law.
            (3) The number of full-time equivalent personnel employed by 
        the Commission that should be stationed at the National 
        Targeting Center (or its equivalent) of U.S. Customs and Border 
        Protection, including--
                    (A) the extent and nature of cooperation between 
                Commission and U.S. Customs and Border Protection 
                personnel stationed at the National Targeting Center (or 
                its equivalent), as well as at United States ports of 
                entry;
                    (B) the responsibilities of Commission personnel 
                assigned to the National Targeting Center (or its 
                equivalent) under subsection (b)(3); and
                    (C) whether the information available at the 
                National Targeting Center (or its equivalent) would be 
                useful to the Commission or U.S. Customs and Border 
                Protection in identifying the consumer products 
                described in subsection (a).
            (4) The development of rule sets for the Automated Targeting 
        System and expedited access for the Commission to the Automated 
        Targeting System.
            (5) The information and resources necessary for the 
        development, updating, and effective implementation of the risk 
        assessment methodology required in subsection (a).

[[Page 122 STAT. 3068]]

    (d) Report to Congress.--Not later than 180 days after completion of 
the risk assessment methodology required under this section, the 
Commission shall submit a report to the appropriate Congressional 
committees concerning, at a minimum, the following:
            (1) The Commission's plan for implementing the risk 
        assessment methodology required under this section.
            (2) The changes made or necessary to be made to the 
        Commission's memorandum of understanding with U.S. Customs and 
        Border Protection.
            (3) The status of--
                    (A) the development of the Automated Targeting 
                System rule set required under subsection (c)(4) of this 
                section;
                    (B) the Commission's access to the Automated 
                Targeting System; and
                    (C) the effectiveness of the International Trade 
                Data System in enhancing cooperation between the 
                Commission and U.S. Customs and Border Protection for 
                the purpose of identifying shipments of consumer 
                products in violation of section 17(a) of the Consumer 
                Product Safety Act (15 U.S.C. 2066(a)) or other import 
                provisions enforced by the Commission;
            (4) Whether the Commission requires additional statutory 
        authority under the Consumer Product Safety Act, the Federal 
        Hazardous Substances Act, the Flammable Fabrics Act, or the 
        Poison Prevention Packaging Act of 1970 in order to implement 
        the risk assessment methodology required under this section.
            (5) The level of appropriations necessary to implement the 
        risk assessment methodology required under this section.
SEC. 223. SUBSTANTIAL PRODUCT HAZARD LIST AND DESTRUCTION OF 
                        NONCOMPLIANT IMPORTED PRODUCTS.

    (a) Identification of Substantial Hazards.--Section 15 (15 U.S.C. 
2064), as amended by section 214, is amended by adding at the end 
thereof the following:
    ``(j) Substantial Product Hazard List.--
            ``(1) In general.--The <<NOTE: Rules.>>  Commission may 
        specify, by rule, for any consumer product or class of consumer 
        products, characteristics whose existence or absence shall be 
        deemed a substantial product hazard under subsection (a)(2), if 
        the Commission determines that--
                    ``(A) such characteristics are readily observable 
                and have been addressed by voluntary standards; and
                    ``(B) such standards have been effective in reducing 
                the risk of injury from consumer products and that there 
                is substantial compliance with such standards.
            ``(2) Judicial review.--Not <<NOTE: Deadline.>>  later than 
        60 days after promulgation of a rule under paragraph (1), any 
        person adversely affected by such rule may file a petition for 
        review under the procedures set forth in section 11 of this 
        Act.''.

    (b) Destruction of Noncompliant Imported Products.--Section 17(e) 
(15 U.S.C. 2066(e)) is amended to read as follows:
    ``(e) <<NOTE: Deadline.>>  Products refused admission into the 
customs territory of the United States shall be destroyed unless, upon 
application by the owner, consignee, or importer of record, the 
Secretary of the Treasury permits the export of the product in lieu of 
destruction. If the owner, consignee, or importer of record does not 
export

[[Page 122 STAT. 3069]]

the product within 90 days of approval to export, such product shall be 
destroyed.''.

    (c) Inspection and Recordkeeping Requirement.--The Act is further 
amended--
            (1) by amending section 17(g) (15 U.S.C. 2066(g)) to read as 
        follows:

    ``(g) <<NOTE: Manufacturers.>>  Manufacturers of imported products 
shall be in compliance with all inspection and recordkeeping 
requirements under section 16 applicable to such products, and the 
Commission shall advise the Secretary of the Treasury of any 
manufacturer who is not in compliance with all inspection and 
recordkeeping requirements under section 16.''; and
            (2) by adding at the end of section 16 (15 U.S.C. 2065) the 
        following:

    ``(d) <<NOTE: Rules.>>  The Commission shall, by rule, condition the 
manufacturing for sale, offering for sale, distribution in commerce, or 
importation into the United States of any consumer product or other 
product on the manufacturer's compliance with the inspection and 
recordkeeping requirements of this Act and the Commission's rules with 
respect to such requirements.''.
SEC. 224. FINANCIAL RESPONSIBILITY.

    (a) In General.--The Act (15 U.S.C. 2051 et seq.), as amended by 
section 219, is further amended by adding at the end the following:
``SEC. 41. <<NOTE: 15 USC 2088.>>  FINANCIAL RESPONSIBILITY.

    ``(a) <<NOTE: Recommen- dations.>>  Identification and Determination 
of Bond.--The Commission, in consultation with U.S. Customs and Border 
Protection and other relevant Federal agencies, shall identify any 
consumer product, or other product or substance that is regulated under 
this Act or any other Act enforced by the Commission, for which the cost 
of destruction would normally exceed bond amounts determined under 
sections 623 and 624 of the Tariff Act of 1930 (19 U.S.C. 1623, 1624) 
and shall recommend to U.S. Customs and Border Protection a bond amount 
sufficient to cover the cost of destruction of such products or 
substances.

    ``(b) Study of Requiring Escrow for Recalls and Destruction of 
Products.--
            ``(1) Study.--The Comptroller General shall conduct a study 
        to determine the feasibility of requiring--
                    ``(A) the posting of an escrow, proof of insurance, 
                or security sufficient in amount to cover the cost of 
                destruction of a domestically-produced product or 
                substance regulated under this Act or any other Act 
                enforced by the Commission; and
                    ``(B) the posting of an escrow, proof of insurance, 
                or security sufficient in amount to cover the cost of an 
                effective recall of a product or substance, domestic or 
                imported, regulated under this Act or any other Act 
                enforced by the Commission.
            ``(2) Report.--Not later than 180 days after the date of 
        enactment of the Consumer Product Safety Improvement Act of 
        2008, the Comptroller General shall transmit to the appropriate 
        Congressional committees a report on the conclusions of the 
        study required under paragraph (1), including an assessment of 
        whether such an escrow requirement could be implemented and any 
        recommendations for such implementation.''.

[[Page 122 STAT. 3070]]

    (b) Conforming Amendments.--The table of contents in section 1 (15 
U.S.C. 2051 note), as amended by section 219, is amended by adding at 
the end the following:

``Sec. 41. Financial responsibility.''.

SEC. 225. STUDY AND REPORT ON EFFECTIVENESS OF AUTHORITIES 
                        RELATING TO SAFETY OF IMPORTED CONSUMER 
                        PRODUCTS.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States shall--
            (1) conduct a study of the authorities and provisions of the 
        Consumer Product Safety Act (15 U.S.C. 2051 et seq.) to assess 
        the effectiveness of such authorities and provisions in 
        preventing unsafe consumer products from entering the customs 
        territory of the United States;
            (2) <<NOTE: Recommen- dations.>>  review and provide 
        recommendations with respect to plans to prevent unsafe consumer 
        products from entering the customs territory of the United 
        States; and
            (3) <<NOTE: Manufacturers.>>  submit to the appropriate 
        Congressional committees a report on the findings of the 
        Comptroller General with respect to paragraphs (1) and (2), 
        including legislative recommendations related to, at a minimum--
                    (A) inspection of foreign manufacturing plants by 
                the Commission; and
                    (B) requiring foreign manufacturers to consent to 
                the jurisdiction of United States courts with respect to 
                enforcement actions by the Commission.

     Subtitle D--Miscellaneous Provisions and Conforming Amendments

SEC. <<NOTE: 15 USC 2051 note.>>  231. PREEMPTION.

    (a) Rule With Regard to Preemption.--The provisions of sections 25 
and 26 of the Consumer Product Safety Act (15 U.S.C. 2074 and 2075, 
respectively), section 18 of the Federal Hazardous Substances Act (15 
U.S.C. 1261 note), section 16 of the Flammable Fabrics Act (15 U.S.C. 
1203), and section 7 of the Poison Packaging Prevention Act of 1970 (15 
U.S.C. 1476) establishing the extent to which those Acts preempt, limit, 
or otherwise affect any other Federal, State, or local law, any rule, 
procedure, or regulation, or any cause of action under State or local 
law may not be expanded or contracted in scope, or limited, modified or 
extended in application, by any rule or regulation thereunder, or by 
reference in any preamble, statement of policy, executive branch 
statements, or other matter associated with the publication of any such 
rule or regulation. In accordance with the provisions of those Acts, the 
Commission may not construe any such Act as preempting any cause of 
action under State or local common law or State statutory law regarding 
damage claims.
    (b) Preservation of Certain State Law.--Nothing in this Act or the 
Federal Hazardous Substances Act shall be construed to preempt or 
otherwise affect any warning requirement relating to consumer products 
or substances that is established pursuant to State law that was in 
effect on August 31, 2003.

[[Page 122 STAT. 3071]]

SEC. 232. ALL-TERRAIN VEHICLE STANDARD.

    (a) In General.--The Act (15 U.S.C. 2051 et seq.), as amended by 
section 224, is further amended by adding at the end thereof the 
following:
``SEC. 42. <<NOTE: 15 USC 2089.>>  ALL-TERRAIN VEHICLES.

    ``(a) In General.--
            ``(1) Mandatory standard.--
        Notwithstanding <<NOTE: Deadline. Federal 
        Register, publication.>>  any other provision of law, within 90 
        days after the date of enactment of the Consumer Product Safety 
        Improvement Act of 2008, the Commission shall publish in the 
        Federal Register as a mandatory consumer product safety standard 
        the American National Standard for Four Wheel All-Terrain 
        Vehicles Equipment Configuration, and Performance Requirements 
        developed by the Specialty Vehicle Institute of America 
        (American National Standard ANSI/SVIA -1-
        2007). <<NOTE: Effective date.>>  The standard shall take effect 
        150 days after it is published.
            ``(2) <<NOTE: Manufacturers. Exports and imports.>>  
        Compliance with standard.--After the standard takes effect, it 
        shall be unlawful for any manufacturer or distributor to import 
        into or distribute in commerce in the United States any new 
        assembled or unassembled all-terrain vehicle unless--
                    ``(A) the all-terrain vehicle complies with each 
                applicable provision of the standard;
                    ``(B) the ATV is subject to an ATV action plan filed 
                with the Commission before the date of enactment of the 
                Act, or subsequently filed with and approved by the 
                Commission, and bears a label certifying such compliance 
                and identifying the manufacturer, importer or private 
                labeler and the ATV action plan to which it is subject; 
                and
                    ``(C) the manufacturer or distributor is in 
                compliance with all provisions of the applicable ATV 
                action plan.
            ``(3) Violation.--The failure to comply with any requirement 
        of paragraph (2) shall be deemed to be a failure to comply with 
        a consumer product safety standard under this Act and subject to 
        all of the penalties and remedies available under this Act.
            ``(4) Compliant models with additional features.--Paragraph 
        (2) shall not be construed to prohibit the distribution in 
        commerce of new all-terrain vehicles that comply with the 
        requirements of that paragraph but also incorporate 
        characteristics or components that are not covered by those 
        requirements. Any such characteristics or components shall be 
        subject to the requirements of section 15 of this Act.

    ``(b) Modification of Standard.--
            ``(1) ANSI revisions.--If <<NOTE: Notification.>>  the 
        American National Standard ANSI/SVIA-1-2007 is revised through 
        the applicable consensus standards development process after the 
        date on which the product safety standard for all-terrain 
        vehicles is published in the Federal Register, the American 
        National Standards Institute shall notify the Commission of the 
        revision.
            ``(2) Commission action.--
        Within <<NOTE: Deadlines. Notices.>>  120 days after it receives 
        notice of such a revision by the American National Standards 
        Institute, the Commission shall issue a notice of proposed 
        rulemaking in accordance with section 553 of title 5, United 
        States Code, to amend the product safety standard for all-
        terrain

[[Page 122 STAT. 3072]]

        vehicles to include any such revision that the Commission 
        determines is reasonably related to the safe performance of all-
        terrain vehicles, and notify the Institute of any provision it 
        has determined not to be so related. The Commission shall 
        promulgate an amendment to the standard for all-terrain vehicles 
        within 180 days after the date on which the notice of proposed 
        rulemaking for the amendment is published in the Federal 
        Register.
            ``(3) Unreasonable risk of injury.--Notwithstanding any 
        other provision of this Act, the Commission may, pursuant to 
        sections 7 and 9 of this Act, amend the product safety standard 
        for all-terrain vehicles to include any additional provision 
        that the Commission determines is reasonably necessary to reduce 
        an unreasonable risk of injury associated with the performance 
        of all-terrain vehicles.
            ``(4) Certain provisions not applicable.--Sections 7 and 9 
        of this Act shall not apply to promulgation of any amendment of 
        the product safety standard under paragraph (2). Judicial review 
        of any amendment of the standard under paragraph (2) shall be in 
        accordance with chapter 7 of title 5, United States Code.

    ``(c) Requirements for 3-Wheeled All-Terrain Vehicles.--Until a 
mandatory consumer product safety standard applicable to 3-wheeled all-
terrain vehicles promulgated pursuant to this Act is in effect, new 3-
wheeled all-terrain vehicles may not be imported into or distributed in 
commerce in the United States. Any violation of this subsection shall be 
considered to be a violation of section 19(a)(1) of this Act and may 
also be enforced under section 17 of this Act.
    ``(d) Further Proceedings.--
            ``(1) Deadline.--The <<NOTE: Regulations.>>  Commission 
        shall issue a final rule in its proceeding entitled `Standards 
        for All Terrain Vehicles and Ban of Three-wheeled All Terrain 
        Vehicles'.
            ``(2) Categories of youth atvs.--In the final rule, the 
        Commission, in consultation with the National Highway Traffic 
        Safety Administration, may provide for a multiple factor method 
        of categorization that, at a minimum, takes into account--
                    ``(A) the weight of the ATV;
                    ``(B) the maximum speed of the ATV;
                    ``(C) the velocity at which an ATV of a given weight 
                is traveling at the maximum speed of the ATV;
                    ``(D) the age of children for whose operation the 
                ATV is designed or who may reasonably be expected to 
                operate the ATV; and
                    ``(E) the average weight of children for whose 
                operation the ATV is designed or who may reasonably be 
                expected to operate the ATV.
            ``(3) Additional safety standards.--In the final rule, the 
        Commission, in consultation with the National Highway Traffic 
        Safety Administration, shall review the standard published under 
        subsection (a)(1) and establish additional safety standards for 
        all-terrain vehicles to the extent necessary to protect the 
        public health and safety. As part of its review, the Commission 
        shall consider, at a minimum, establishing or strengthening 
        standards on--
                    ``(A) suspension;
                    ``(B) brake performance;

[[Page 122 STAT. 3073]]

                    ``(C) speed governors;
                    ``(D) warning labels;
                    ``(E) marketing; and
                    ``(F) dynamic stability.

    ``(e) Definitions.--In this section:
            ``(1) All-terrain vehicle or atv.--The term `all-terrain 
        vehicle' or `ATV' means--
                    ``(A) any motorized, off-highway vehicle designed to 
                travel on 3 or 4 wheels, having a seat designed to be 
                straddled by the operator and handlebars for steering 
                control; but
                    ``(B) does not include a prototype of a motorized, 
                off-highway, all-terrain vehicle or other motorized, 
                off-highway, all-terrain vehicle that is intended 
                exclusively for research and development purposes unless 
                the vehicle is offered for sale.
            ``(2) ATV action plan.--The term `ATV action plan' means a 
        written plan or letter of undertaking that describes actions the 
        manufacturer or distributor agrees to take to promote ATV 
        safety, including rider training, dissemination of safety 
        information, age recommendations, other policies governing 
        marketing and sale of the ATVs, the monitoring of such sales, 
        and other safety related measures, and that is substantially 
        similar to the plans described under the heading `The 
        Undertakings of the Companies in the Commission Notice' 
        published in the Federal Register on September 9, 1998 (63 FR 
        48199-48204).''.

    (b) GAO Study.--The Comptroller General shall conduct a study of the 
utility, recreational, and other benefits of all-terrain vehicles to 
which section 42 of the Consumer Product Safety Act (15 U.S.C. 2085) 
applies, and the costs associated with all-terrain vehicle-related 
accidents and injuries.
    (c) Conforming Amendment.--The table of contents of this Act is 
further amended by inserting after the item relating to section 42 the 
following:

``Sec. 42. All-terrain vehicles.''.

SEC. 233. COST-BENEFIT ANALYSIS UNDER THE POISON PREVENTION 
                        PACKAGING ACT OF 1970.

     Section 3 of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 
1472) is amended by adding at the end thereof the following:
    ``(e) Nothing in this Act shall be construed to require the Consumer 
Product Safety Commission, in establishing a standard under this 
section, to prepare a comparison of the costs that would be incurred in 
complying with such standard with the benefits of such standard.''.
SEC. 234. STUDY ON USE OF FORMALDEHYDE IN MANUFACTURING OF TEXTILE 
                        AND APPAREL ARTICLES.

     Not <<NOTE: Deadline.>>  later than 2 years after the date of 
enactment of this Act, the Comptroller General, in consultation with the 
Commission, shall conduct a study on the use of formaldehyde in the 
manufacture of textile and apparel articles, or in any component of such 
articles, to identify any risks to consumers caused by the use of 
formaldehyde in the manufacturing of such articles, or components of 
such articles.

[[Page 122 STAT. 3074]]

SEC. 235. TECHNICAL AND CONFORMING CHANGES.

    (a) Definitions.--Section 3(a) (15 U.S.C. 2052) is amended by adding 
at the end the following:
            ``(15) Appropriate congressional committees.--The term 
        `appropriate Congressional committees' means the Committee on 
        Energy and Commerce of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate.
            ``(16) Children's product.--The term `children's product' 
        means a consumer product designed or intended primarily for 
        children 12 years of age or younger. In determining whether a 
        consumer product is primarily intended for a child 12 years of 
        age or younger, the following factors shall be considered:
                    ``(A) A statement by a manufacturer about the 
                intended use of such product, including a label on such 
                product if such statement is reasonable.
                    ``(B) Whether the product is represented in its 
                packaging, display, promotion, or advertising as 
                appropriate for use by children 12 years of age or 
                younger.
                    ``(C) Whether the product is commonly recognized by 
                consumers as being intended for use by a child 12 years 
                of age or younger.
                    ``(D) The Age Determination Guidelines issued by the 
                Commission staff in September 2002, and any successor to 
                such guidelines.
            ``(17) Third-party logistics provider.--The term `third-
        party logistics provider' means a person who solely receives, 
        holds, or otherwise transports a consumer product in the 
        ordinary course of business but who does not take title to the 
        product.''.

    (b) Miscellaneous.--Section 3 (15 U.S.C. 2052) is amended--
            (1) by striking ``(a) for purposes of this Act:'' and 
        inserting ``(a) In General.--In this Act:'';
            (2) by indenting each paragraph and subparagraph of 
        subsection (a) 2 em spaces;
            (3) by inserting a heading, in a form consistent with the 
        form of the heading of this subsection consisting of the term 
        defined by such paragraph, after the designation of each 
        paragraph of subsection (a);
            (4) by reordering such paragraphs and the additional 
        paragraphs added by paragraph (1) of this subsection in 
        alphabetical order based on the headings of such paragraphs and 
        renumbering such paragraphs as so reordered; and
            (5) by inserting ``common carriers, contract carriers, and 
        freight forwarders'' after ``(b)'' in subsection (b).

    (c) Conforming Amendments.--
            (1) Section 3(b) (15 U.S.C. 2052(b) is amended by inserting 
        ``third-party logistics provider,'' after ``contract carrier,''.
            (2) Section 6(e)(4) (15 U.S.C. 2055(e)(4)) is amended by 
        striking ``the Committee on Commerce, Science, and 
        Transportation of the Senate or the Committee on Energy and 
        Commerce of the House of Representatives or any subcommittee of 
        such committee,'' and insert ``either of the appropriate 
        Congressional committees or any subcommittee thereof,''.
            (3) Sections 9(a), 9(c), and 35(c)(2)(D)(iii) (15 U.S.C. 
        2058(a), (c), and 2082(c)(2)(D)(iii), and 2082(e)(1), 
        respectively) are each amended by striking ``the Committee on 
        Commerce, Science,

[[Page 122 STAT. 3075]]

        and Transportation of the Senate and the Committee on Energy and 
        Commerce of the House of Representatives'' each place it appears 
        and inserting ``the appropriate Congressional committees''.
            (4) <<NOTE: 15 USC 2081.>>  Section 32(b)(1) (15 U.S.C. 
        2050(b)(1)) is amended by striking ``the Committee on Energy and 
        Commerce of the House of Representatives, and by the Committee 
        on Commerce, Science, and Transportation of the Senate.'' and 
        inserting ``the appropriate Congressional committees.''.
            (5) Section 35(e)(1) (15 U.S.C. 2082(e)(1)) is amended by 
        striking ``the Committee on Commerce, Science, and 
        Transportation of the Senate and to the Committee on Energy and 
        Commerce of the House of Representatives'' and insert ``the 
        appropriate Congressional committees''.
            (6) Sections 17(h)(3), 28(j)(10)(F), and 28(k)(1) and (2) 
        (15 U.S.C. 2066(h)(3), 2077(j)(10)(F), and 2077(k)(1) and (2), 
        respectively) are each amended by striking ``the Congress'' and 
        inserting ``the appropriate Congressional committees''.
            (7) Section 29(e) (15 U.S.C. 2078(e)) is amended by striking 
        ``The Commission'' and inserting ``Notwithstanding section 
        6(a)(3), the Commission''.
SEC. 236. EXPEDITED JUDICIAL REVIEW.

    (a) In General.--Section 11 (15 U.S.C. 2060) is amended by adding at 
the end thereof the following:
    ``(g) Expedited Judicial Review.--
            ``(1) Application.--This subsection applies, in lieu of the 
        preceding subsections of this section, to judicial review of--
                    ``(A) any consumer product safety rule promulgated 
                by the Commission pursuant to section 15(j) (relating to 
                identification of substantial hazards);
                    ``(B) any consumer product safety standard 
                promulgated by the Commission pursuant to section 42 
                (relating to all-terrain vehicles);
                    ``(C) any standard promulgated by the Commission 
                under section 104 of the Consumer Product Safety 
                Improvement Act of 2008 (relating to durable infant and 
                toddler products); and
                    ``(D) any consumer product safety standard 
                promulgated by the Commission under section 106 of the 
                Consumer Product Safety Improvement Act of 2008 
                (relating to mandatory toy safety standards).
            ``(2) In general.--Not <<NOTE: Deadlines. Records.>>  later 
        than 60 days after the promulgation, by the Commission, of a 
        rule or standard to which this subsection applies, any person 
        adversely affected by such rule or standard may file a petition 
        with the United States Court of Appeals for the District of 
        Columbia Circuit for judicial review of such rule. Copies of the 
        petition shall be forthwith transmitted by the clerk of the 
        court to the Commission or other officer designated by it for 
        that purpose and to the Attorney General. The record of the 
        proceedings on which the Commission based its rule shall be 
        filed in the court as provided for in section 2112 of title 28, 
        United States Code.
            ``(3) Review.--Upon the filing of the petition under 
        paragraph (2) of this subsection, the court shall have 
        jurisdiction to review the rule in accordance with chapter 7 of 
        title 5,

[[Page 122 STAT. 3076]]

        United States Code, and to grant appropriate relief, including 
        interim relief, as provided in such chapter.
            ``(4) Conclusiveness of judgment.--The judgment of the court 
        affirming or setting aside, in whole or in part, any final rule 
        under this section shall be final, subject to review by the 
        Supreme Court of the United States upon certiorari or 
        certification, as provided in section 1254 of title 28, United 
        States Code.
            ``(5) Further review.--A rule or standard with respect to 
        which this subsection applies shall not be subject to judicial 
        review in proceedings under section 17 (relating to imported 
        products) or in civil or criminal proceedings for 
        enforcement.''.

    (b) <<NOTE: 15 USC 2060 note.>>  Pending Actions Unaffected.--The 
amendment made by subsection (a) shall not apply to any petition filed 
before the date of enactment of this Act for judicial review of any 
action by the Consumer Product Safety Commission.
SEC. 237. REPEAL.

    Section 30 (15 U.S.C. 2079) is amended by striking subsection (d).
SEC. 238. POOL AND SPA SAFETY ACT TECHNICAL AMENDMENTS.

    Title XIV of the Energy Independence and Security Act of 2007 
(Public Law 110-140) is amended--
            (1) in section 1403 <<NOTE: 15 USC 8002.>>  by adding at the 
        end the following:
            ``(8) State.--The term `State' has the meaning given such 
        term in section 3(10) of the Consumer Product Safety Act (15 
        U.S.C. 2052(10)), and includes the Northern Mariana Islands.''.
            (2) in section 1404 <<NOTE: 15 USC 8003.>>  by adding at the 
        end of subsection (b) the 
        following: <<NOTE: Notification. Deadline.>>  ``If a successor 
        standard is proposed, the American Society of Mechanical 
        Engineers shall notify the Commission of the proposed revision. 
        If the Commission determines that the proposed revision is in 
        the public interest, it shall incorporate the revision into the 
        standard after providing 30 days notice to the public.''; and
            (3) by adding at the end the following:
``SEC. <<NOTE: 15 USC 8008.>>  1409. APPLICABILITY.

    ``This Act is applicable to the United States and its territories, 
including American Samoa, the Commonwealth of Puerto Rico, Guam, the 
Commonwealth of the Northern Mariana Islands, and the United States 
Virgin Islands.''.
SEC. 239. EFFECTIVE DATES AND SEVERABILITY.

    (a) <<NOTE: 15 USC 2051 note.>>  Effective Dates.--
            (1) In general.--Except as otherwise specifically provided 
        in this Act, this Act and the amendments made by this Act shall 
        take effect on the date of enactment of this Act.
            (2) Certain delayed effective dates.--The amendments made by 
        sections 103(c) and 214(a)(2) shall take effect on the date that 
        is 60 days after the date of enactment of this Act. Subsection 
        (c) of section 42 of the Consumer Product Safety Act, as added 
        by section 232 of this Act, and the amendments made by sections 
        216 and 223(b) shall take effect on the date that is 30 days 
        after the date of enactment of this Act.

    (b) <<NOTE: 15 USC 2051 note.>>  Severability.--If any provision of 
this Act or the amendments made by this Act, or the application of such 
provision to

[[Page 122 STAT. 3077]]

any person or circumstance, is held invalid, the remainder of this Act 
and the amendments made by this Act, and the application of such 
provision to other persons not similarly situated or to other 
circumstances, shall not be affected by such invalidation.

    Approved August 14, 2008.

LEGISLATIVE HISTORY--H.R. 4040 (S. 2045) (S. 2663):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 110-501 (Comm. on Energy and Commerce) and 110-787 
(Comm. of Conference).
SENATE REPORTS: No. 110-265 accompanying S. 2045 (Comm. on Commerce, 
Science, and Transportation).
CONGRESSIONAL RECORD:
                                                        Vol. 153 (2007):
                                    Dec. 19, considered and passed 
                                        House.
                                                        Vol. 154 (2008):
                                    Mar. 6, considered and passed 
                                        Senate, amended, in lieu of 
                                        S. 2663.
                                    July 30, House agreed to conference 
                                        report.
                                    July 31, Senate agreed to conference 
                                        report.

                                  <all>
```