(iii) in section 21(a) (15 U.S.C. 
1276(a)); 
(C) by striking ‘‘Department’’ each place it 
appears, except in section 14(b), and inserting 
‘‘Commission’’; 
(D) by striking ‘‘he’’ and ‘‘his’’ each place 
they appear in reference to the Secretary and 
inserting ‘‘it’’ and ‘‘its’’, respectively; 
(E) by striking ‘‘Secretary of Health, Edu-
cation, 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, Edu-
cation, and Welfare’’ each place it appears in 
section 14 (15 U.S.C. 1273) and inserting 
‘‘Commission’’; 
(G) by striking ‘‘Department of Health, 
Education, and Welfare’’ in section 14(b) (15 
U.S.C. 1273(b)) and inserting ‘‘Commission’’; 
(H) by striking ‘‘Consumer Product Safety 
Commission’’ each place it appears and insert-
ing ‘‘Commission’’; and 
(I) by striking ‘‘(hereinafter in this section 
referred to as the ‘Commission’)’’ in section 
20(a)(1) (15 U.S.C. 1275(a)(1)). 
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SEC. 205. PUBLIC DISCLOSURE OF INFORMATION. 
Section 6(b) (15 U.S.C. 2055(b)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘30 days’’ and inserting 
‘‘15 days’’; 
(B) by striking ‘‘finds that the public’’ and 
inserting ‘‘publishes a finding that the public’’; 
and 
(C) by striking ‘‘and publishes such a find-
ing in the Federal Register’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘10 days’’ and inserting ‘‘5 
days’’; 
(B) by striking ‘‘finds that the public’’ and 
inserting ‘‘publishes a finding that the public’’; 
and 
(C) by striking ‘‘and publishes such a find-
ing in the Federal Register’’; 
(3) in paragraph (4), by striking ‘‘section 19 
(related to prohibited acts)’’ and inserting ‘‘any con-
sumer product safety rule under this Act or similar 
rule under or provision of any other Act adminis-
tered by the Commission’’; and 
(4) in paragraph (5)— 
(A) in subparagraph (B), by striking ‘‘; 
or’’ and inserting a semicolon; 
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(B) in subparagraph (C), by striking the 
period and inserting ‘‘; or’’; 
(C) by adding at the end the following: 
‘‘(D) the Commission publishes a finding that 
the public health and safety require public disclosure 
with a lesser period of notice than is required under 
paragraph (1).’’; and 
(D) in the matter following such subpara-
graph (as added by subparagraph (C)), by 
striking ‘‘section 19(a)’’ and inserting ‘‘any 
consumer product safety rule under this Act or 
similar rule under or provision of any other Act 
administered by the Commission’’. 
SEC. 206. PROHIBITION ON STOCKPILING UNDER OTHER 
COMMISSION-ENFORCED STATUTES. 
Section 9(g)(2) (15 U.S.C. 2058(g)(2)) is amended— 
(1) by inserting ‘‘or to which a rule under any 
other law enforced by the Commission applies,’’ after 
‘‘applies,’’; and 
(2) by striking ‘‘consumer product safety’’ the 
second, third, and fourth places it appears. 
SEC. 207. NOTIFICATION OF NONCOMPLIANCE WITH ANY 
COMMISSION-ENFORCED STATUTE. 
Section 15(b) (15 U.S.C. 2064(b)) is amended— 
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(1) by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4), respectively; and 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) fails to comply with any other rule affect-
ing health and safety promulgated by the Commis-
sion under the Federal Hazardous Substances Act, 
the Flammable Fabrics Act, or the Poison Preven-
tion Packaging Act;’’. 
SEC. 208. CORRECTIVE ACTION PLANS. 
Section 15(d) (15 U.S.C. 2064(d)) is amended— 
(1) by inserting ‘‘(1)’’ after the subsection des-
ignation; 
(2) by redesignating paragraphs (1), (2), and 
(3) as subparagraphs (A), (B), and (C); 
(3) by striking ‘‘more (A)’’ in subparagraph 
(C), as redesignated, and inserting ‘‘more (i)’’; 
(4) by striking ‘‘or (B)’’ in subparagraph (C), 
as redesignated, and inserting ‘‘or (ii)’’; 
(5) by striking ‘‘An order under this subsection 
may’’ and inserting: 
‘‘(2) An order under this subsection shall’’; 
(6) by striking ‘‘, satisfactory to the Commis-
sion,’’ and inserting ‘‘, as promptly as practicable 
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under the circumstances, as determined by the Com-
mission, for approval by the Commission,’’; and 
(7) by adding at the end the following: 
‘‘(3)(A) If the Commission approves an action plan, 
it shall indicate its approval in writing. 
‘‘(B) If the Commission finds that an approved action 
plan is not effective, or that the manufacturer, retailer, 
or distributor is not executing an approved action plan ef-
fectively, the Commission may by order amend, or require 
amendment of, the action plan. 
‘‘(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 re-
voke its approval of the action plan.’’. 
SEC. 209. WEBSITE NOTICE, NOTICE TO THIRD PARTY 
INTERNET SELLERS, AND RADIO AND TELE-
VISION NOTICE. 
Section 15(c)(1) (15 U.S.C. 2064(c)(1)) is amended 
by inserting ‘‘, including posting clear and conspicuous no-
tice on its Internet website, providing notice to any third 
party Internet website on which such manufacturer, re-
tailer, or distributor has placed the product for sale, and 
announcements in languages other than English and on 
radio and television where the Commission determines 
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that a substantial number of consumers to whom the recall 
is directed may not be reached by other notice’’ after 
‘‘comply’’. 
SEC. 210. IDENTIFICATION OF MANUFACTURER, IMPORT-
ERS, RETAILERS, AND DISTRIBUTORS. 
Section 16 (15 U.S.C. 2065) is amended by adding 
at the end thereof the following: 
‘‘(c) Upon request by an officer or employee duly des-
ignated 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 manufac-
turer of that product by name, address, or such 
other identifying information as the officer or em-
ployee may request, to the extent that such informa-
tion is in the possession of the importer, retailer, or 
distributor; and 
‘‘(2) every manufacturer shall identify by name, 
address, or such other identifying information as the 
officer or employee may request— 
‘‘(A) each retailer or distributor to which 
the manufacturer directly supplied a given con-
sumer product (or other product or substance 
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over which the Commission has jurisdiction 
under this or any other Act); 
‘‘(B) each subcontractor involved in the 
production or fabrication or such product or 
substance; and 
‘‘(C) each subcontractor from which the 
manufacturer obtained a component thereof.’’. 
SEC. 211. EXPORT OF RECALLED AND NON-CONFORMING 
PRODUCTS. 
(a) IN GENERAL.—Section 18 (15 U.S.C. 2067) is 
amended by adding at the end the following: 
‘‘(c) Notwithstanding any other provision of this sec-
tion, the Commission may prohibit, by order, a person 
from exporting from the United States for purpose of sale 
any consumer product, or other product or substance that 
is regulated under any Act enforced by the Commission, 
that the Commission determines, after notice to the manu-
facturer— 
‘‘(1) is not in conformity with an applicable 
consumer product safety rule under this Act or a 
similar rule under any such other Act; 
‘‘(2) is subject to an order issued under section 
12 or 15 of this Act or designated as a banned haz-
ardous substance under the Federal Hazardous Sub-
stances Act (15 U.S.C. 1261 et seq.); or 
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‘‘(3) is subject to a voluntary corrective action 
taken by the manufacturer, in consultation with the 
Commission, of which action the Commission has 
notified the public and that would have been subject 
to a mandatory corrective action under this or an-
other Act enforced by the Commission if voluntary 
action had not been taken by the manufacturer, 
unless the importing country has notified the Commission 
that such country accepts the importation of such prod-
uct.’’. 
(b) PROHIBITED ACT.—Section 19(a)(10) (15 U.S.C. 
2068(a)(10)) is amended by striking the period at the end 
and inserting ‘‘ or violate an order of the Commission 
issued under section 18(c); or’’. 
(c) CONFORMING AMENDMENTS TO OTHER ACTS.— 
(1) FEDERAL HAZARDOUS SUBSTANCES ACT.— 
Section 5(b)(3) of the Federal Hazardous Sub-
stances Act (15 U.S.C. 1264(b)(3)) is amended by 
striking ‘‘substance presents an unreasonable risk of 
injury to persons residing in the United States’’ and 
inserting ‘‘substance is prohibited under section 
18(c) of the Consumer Product Safety Act,’’. 
(2) FLAMMABLE FABRICS ACT.—Section 15 of 
the Flammable Fabrics Act (15 U.S.C. 1202) is 
amended by adding at the end the following: 
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‘‘(d) Notwithstanding any other provision of this sec-
tion, the Consumer Product Safety Commission may pro-
hibit, by order, a person from exporting from the United 
States for purpose of sale any fabric, related material, or 
product that the Commission determines, after notice to 
the manufacturer— 
‘‘(1) is not in conformity with an applicable 
consumer product safety rule under the Consumer 
Product Safety Act or with a rule under this Act; 
‘‘(2) is subject to an order issued under section 
12 or 15 of the Consumer Product Safety Act or 
designated as a banned hazardous substance under 
the Federal Hazardous Substances Act (15 U.S.C. 
1261 et seq.); or 
‘‘(3) is subject to a voluntary corrective action 
taken by the manufacturer, in consultation with the 
Commission, of which action the Commission has 
notified the public and that would have been subject 
to a mandatory corrective action under this or an-
other Act enforced by the Commission if voluntary 
action had not been taken by the manufacturer, 
unless the importing country has notified the Commission 
that such country accepts the importation of such prod-
uct.’’. 
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SEC. 212. PROHIBITION ON SALE OF RECALLED PRODUCTS. 
Section 19(a) (as amended by section 210) (15 
U.S.C. 2068(a)) is further amended— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) sell, offer for sale, manufacture for sale, 
distribute in commerce, or import into the United 
States any consumer product, or other product or 
substance that is regulated under any other Act en-
forced by the Commission, that is— 
‘‘(A) not in conformity with an applicable 
consumer product safety standard under this 
Act, or any similar rule under any such other 
Act; 
‘‘(B) subject to voluntary corrective action 
taken by the manufacturer, in consultation with 
the Commission, of which action the Commis-
sion has notified the public; or 
‘‘(C) subject to an order issued under sec-
tion 12 or 15 of this Act, designated a banned 
hazardous substance under the Federal Haz-
ardous Substances Act (15 U.S.C. 1261 et 
seq.);’’; 
(2) by striking ‘‘or’’ after the semicolon in 
paragraph (7); 
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(3) by striking ‘‘and’’ after the semicolon in 
paragraph (8); and 
(4) by striking ‘‘insulation).’’ in paragraph (9) 
and inserting ‘‘insulation);’’. 
SEC. 213. INCREASED CIVIL PENALTY. 
(a) MAXIMUM CIVIL PENALTIES OF THE CONSUMER 
PRODUCT SAFETY COMMISSION.— 
(1) INITIAL INCREASE IN MAXIMUM CIVIL PEN-
ALTIES.— 
(A) 
TEMPORARY
INCREASE.—Notwith-
standing the dollar amounts specified for max-
imum 
civil 
penalties 
specified 
in 
section 
20(a)(1) of the Consumer Product Safety Act 
(15 U.S.C. 2069(a)(1)), section 5(c)(1) of the 
Federal Hazardous Substances Act, and section 
5(e)(1) of the Flammable Fabrics Act (15 
U.S.C. 1194(e)(1)), the maximum civil pen-
alties for any violation specified in such sections 
shall be $5,000,000, beginning on the date that 
is the earlier of the date on which final regula-
tions are issued under section 3(b) or 360 days 
after the date of enactment of this Act. 
(B) EFFECTIVE
DATE.—Paragraph (1) 
shall cease to be in effect on the date on which 
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the amendments made by subsection (b)(1) 
shall take effect. 
(2) PERMANENT INCREASE IN MAXIMUM CIVIL 
PENALTIES.— 
(A) AMENDMENTS.— 
(i) 
CONSUMER
PRODUCT
SAFETY 
ACT.—Section 
20(a)(1) 
U.S.C. 
2069(a)(1)) 
is 
amended 
by 
striking 
‘‘$1,250,000’’ both places it appears and 
inserting ‘‘$10,000,000’’. 
(ii) 
FEDERAL
HAZARDOUS
SUB-
STANCES ACT.—Section 5(c)(1) of the Fed-
eral Hazardous Substances Act (15 U.S.C. 
1264(c)(1)) 
is 
amended 
by 
striking 
‘‘$1,250,000’’ both places it appears and 
inserting ‘‘$10,000,000’’. 
(iii) FLAMMABLE FABRICS ACT.—Sec-
tion 5(e)(1) of the Flammable Fabrics Act 
(15 U.S.C. 1194(e)(1)) is amended by 
striking 
‘‘$1,250,000’’ 
and 
inserting 
‘‘$10,000,000’’. 
(B) EFFECTIVE DATE.—The amendments 
made by paragraph (1) shall take effect on the 
date that is 1 year after the earlier of— 
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(i) the date on which final regulations 
are issued pursuant to section 3(b); or 
(ii) 360 days after the date of enact-
ment of this Act. 
(b) DETERMINATION OF PENALTIES BY THE CON-
SUMER PRODUCT SAFETY COMMISSION.— 
(1) FACTORS TO BE CONSIDERED.— 
(A) CONSUMER PRODUCT SAFETY ACT.— 
Section 20(b) (15 U.S.C. 2069(b)) is amend-
ed— 
(i) by inserting ‘‘the nature, cir-
cumstances, extent, and gravity of the vio-
lation, including’’ after ‘‘shall consider’’; 
(ii) by striking ‘‘products distributed, 
and’’ and inserting ‘‘products distrib-
uted,’’; and 
(iii) by inserting ‘‘, and such other 
factors as appropriate’’ before the period. 
(B) FEDERAL
HAZARDOUS
SUBSTANCES 
ACT.—Section 5(c)(3) of the Federal Haz-
ardous Substances Act (15 U.S.C. 1264(c)(3)) 
is amended— 
(i) by inserting ‘‘the nature, cir-
cumstances, extent ,and gravity of the vio-
lation, including’’ after ‘‘shall consider’’; 
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(ii) by striking ‘‘substance distributed, 
and’’ and inserting ‘‘substance distrib-
uted,’’; and 
(iii) by inserting ‘‘, and such other 
factors as appropriate’’ before the period. 
(C) FLAMMABLE
FABRICS
ACT.—Section 
5(e)(2) of the Flammable Fabrics Act (15 
U.S.C. 1194(e)(2)) is amended— 
(i) by striking ‘‘nature and number’’ 
and inserting ‘‘nature, circumstances, ex-
tent, and gravity’’; 
(ii) by striking ‘‘absence of injury, 
and’’ and inserting ‘‘absence of injury,’’; 
and 
(iii) by inserting ‘‘, and such other 
factors as appropriate’’ before the period. 
(2) REGULATIONS.—Not later than 1 year after 
the date of enactment of this Act, and in accordance 
with the procedures of section 553 of title 5, United 
States Code, the Commission shall issue a final reg-
ulation providing its interpretation of the penalty 
factors described in section 20(b) of the Consumer 
Product Safety Act (15 U.S.C. 2069(b)), section 
5(c)(3) of the Federal Hazardous Substances Act 
(15 U.S.C. 1264(c)(3)), and section 5(e)(2) of the 
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Flammable Fabrics Act (15 U.S.C. 1194(e)(2)), as 
amended by subsection (a). 
SEC. 214. CRIMINAL PENALTIES TO INCLUDE ASSET FOR-
FEITURE. 
Section 21 (15 U.S.C. 2070) is amended by adding 
at the end thereof the following: 
‘‘(c)(1) In addition to the penalty provided by sub-
section (a), the penalty for a criminal violation of this Act 
or any other Act enforced by the Commission may include 
the forfeiture of assets associated with the violation. 
‘‘(2) In this subsection, the term ‘criminal violation’ 
means a violation of this Act of any other Act enforced 
by the Commission for which the violator is sentenced 
under this section, section 5(a) of the Federal hazardous 
Substances Act (15 U.S.C. 2064(a)), or section 7 of the 
Flammable Fabrics Act (15 U.S.C. 1196).’’. 
SEC. 215. SHARING OF INFORMATION WITH FEDERAL, 
STATE, LOCAL, AND FOREIGN GOVERNMENT 
AGENCIES. 
Section 29 (15 U.S.C. 2078) is amended by adding 
at the end the following: 
‘‘(f)(1) The Commission may make information ob-
tained by the Commission under section 6 available to any 
Federal, State, local, or foreign government agency upon 
the prior certification of an appropriate official of any 
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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 con-
fidence 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 pro-
ceedings related to, possible violations of— 
‘‘(i) laws regulating the manufacture, im-
portation, distribution, or sale of defective or 
unsafe consumer products, or other practices 
substantially similar to practices prohibited by 
any law administered by the Commission; 
‘‘(ii) a law administered by the Commis-
sion, if disclosure of the material would further 
a Commission investigation or enforcement pro-
ceeding; or 
‘‘(iii) with respect to a foreign law enforce-
ment 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 
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treaty in force between the government of the 
United States and the foreign law enforcement 
agency’s government; and 
‘‘(C) the foreign government agency is not from 
a foreign state that the Secretary of State has deter-
mined, 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 deter-
mination is rescinded pursuant to section 6(j)(4) of 
that Act (50 U.S.C. App. 2405(j)(4)). 
‘‘(2) The Commission may abrogate any agree-
ment or memorandum of understanding entered into 
under paragraph (1) if the Commission determines 
that the foreign government agency with which such 
agreement or memorandum of understanding was 
entered into has failed to maintain in confidence any 
information provided under such agreement or 
memorandum of understanding, or has used any 
such information for purposes other than those set 
forth in such agreement or memorandum of under-
standing. 
‘‘(3)(A) Except as provided in subparagraph 
(B) of this paragraph, the Commission shall not be 
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required to disclose under section 552 of title 5, 
United States Code, or any other provision of law— 
‘‘(i) any material obtained from a foreign 
government agency, if the foreign government 
agency has requested confidential treatment, or 
has precluded such disclosure under other use 
limitations, as a condition of providing the ma-
terial; 
‘‘(ii) any material reflecting a consumer 
complaint obtained from any other foreign 
source, if that foreign source supplying the ma-
terial has requested confidential treatment as a 
condition of providing the material; or 
‘‘(iii) any material reflecting a consumer 
complaint submitted to a Commission reporting 
mechanism sponsored in part by foreign govern-
ment agencies. 
‘‘(B) Nothing in this subsection shall authorize 
the Commission to withhold information from the 
Congress or prevent the Commission from complying 
with an order of a court of the United States in an 
action commenced by the United States or the Com-
mission. 
‘‘(4) In this subsection, the term ‘foreign government 
agency’ means— 
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