H. R. 4040—23 
affect any State requirement with respect to any phthalate alter-
native 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 facili-
tate 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 pack-
aging, 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 suc-
cessor 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 sec-
tion 32 (15 U.S.C. 2081) is amended to read as follows: 
‘‘(a) GENERAL AUTHORIZATION OF APPROPRIATIONS.—
H. R. 4040—24 
‘‘(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 attend-
ance 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 per-
son— 
‘‘(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 enact-
ment 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 develop-
ment of educational materials for distribution not later than 
1 year after the date of enactment of this Act. 
(c) CONFORMING AMENDMENTS.—Section 32 (15 U.S.C. 2081) 
is further amended by striking subsection (b) and redesignating 
subsection (c) as subsection (b) and inserting after such subsection 
designation the following: ‘‘LIMITATION.—’’. 
SEC. 202. FULL COMMISSION REQUIREMENT; INTERIM QUORUM; PER-
SONNEL. 
(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
H. R. 4040—25 
for the 1 year period beginning on the date of enactment of this 
Act. 
(b) REPEAL OF QUORUM LIMITATION.— 
(1) REPEAL.—Title III of Public Law 102–389 is amended 
by striking the first proviso in the item captioned ‘‘CONSUMER 
PRODUCT SAFETY COMMISSION, SALARIES AND EXPENSES’’ (15 
U.S.C. 2053 note). 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1) shall take effect 1 year after the date of enactment of 
this Act. 
(c) PERSONNEL.— 
(1) PROFESSIONAL STAFF.—The Commission shall increase 
the number of full-time personnel employed by the Commission 
to at least 500 by October 1, 2013, subject to the availability 
of appropriations. 
(2) PORTS OF ENTRY; OVERSEAS INSPECTORS.—As part of 
the 500 full-time employees required by paragraph (1), the 
Commission shall hire personnel to be assigned to duty stations 
at United States ports of entry, or to inspect overseas manufac-
turing facilities, subject to the availability of appropriations. 
SEC. 203. SUBMISSION OF COPY OF CERTAIN DOCUMENTS TO CON-
GRESS. 
(a) IN GENERAL.—Notwithstanding any rule, regulation, or 
order to the contrary, the Commission shall comply with the require-
ments 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 sub-
mitted by the Commission to the President or the Office of Manage-
ment 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 rule-
making 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 para-
graph (4) of subsection (c) and inserting ‘‘Register. Nothing 
in this subsection shall preclude any person from submit-
ting an existing standard or portion of a standard as a 
proposed consumer product safety standard.’’.
H. R. 4040—26 
(2) CONFORMING AMENDMENT.—Section 5(a)(3) (15 U.S.C. 
2054(a)(3)) is amended by striking ‘‘an advance notice of pro-
posed 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 mix-
ture of substances, which it finds meets the requirements of 
section 2(f)(1)(A). 
‘‘(2) PROCEDURE.—Proceedings for the issuance, amend-
ment, or repeal of regulations under this subsection and the 
admissibility of the record of such proceedings in other pro-
ceedings, 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 regula-
tions pursuant to clause (B) of subparagraph (1) of this para-
graph shall be governed by the provisions of sections 701(e), 
(f), and (g) of the Federal Food, Drug, and Cosmetic Act: Pro-
vided, 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 Haz-
ardous 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 submit-
ting an existing standard or portion of a standard as a 
proposed regulation.’’ 
(4) OTHER CONFORMING AMENDMENTS.—The Federal Haz-
ardous 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
H. R. 4040—27 
(iii) in section 21(a) (15 U.S.C. 1276(a)); 
(C) by striking ‘‘Department’’ each place it appears, 
except in sections 5(c)(6)(D)(i) and 14(b) (15 U.S.C. 
1264(c)(6)(D)(i) and 1273(b)), and inserting ‘‘Commission’’; 
(D) by striking ‘‘he’’ and ‘‘his’’ each place they appear 
in reference to the Secretary and inserting ‘‘it’’ and ‘‘its’’, 
respectively; 
(E) by striking ‘‘Secretary of Health, Education, and 
Welfare’’ each place it appears in section 10(b) (15 U.S.C. 
1269(b)) and inserting ‘‘Commission’’; 
(F) by striking ‘‘Secretary of Health, Education, and 
Welfare’’ each place it appears in section 14 (15 U.S.C. 
1273) and inserting ‘‘Commission’’; 
(G) by striking ‘‘Department of Health, Education, and 
Welfare’’ in section 14(b) (15 U.S.C. 1273(b)) and inserting 
‘‘Commission’’; 
(H) by striking ‘‘Consumer Product Safety Commission’’ 
each place it appears and inserting ‘‘Commission’’; 
(I) by striking ‘‘(hereinafter in this section referred 
to as the ‘Commission’)’’ in section 14(d) (15 U.S.C. 1273(d)) 
and section 20(a)(1) (15 U.S.C. 1275(a)(1)); and 
(J) by striking paragraph (5) of section 18(b) (15 U.S.C. 
1261 note). 
(c) RULEMAKING UNDER FLAMMABLE FABRICS ACT.— 
(1) IN GENERAL.—Section 4 of the Flammable Fabrics Act 
(15 U.S.C. 1193) is amended— 
(A) by striking ‘‘shall be commenced’’ in subsection 
(g) and inserting ‘‘may be commenced by a notice of pro-
posed 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 submit-
ting an existing standard or portion of a standard as a 
proposed regulation.’’ 
(2) OTHER
CONFORMING
AMENDMENTS.—The Flammable 
Fabrics Act (15 U.S.C. 1193) is amended— 
(A) by striking paragraph (i) of section 2 (15 U.S.C. 
1191(i)) and inserting the following: 
‘‘(i) The term ‘Commission’ means the Consumer Product Safety 
Commission.’’; 
(B) by striking ‘‘Secretary of Commerce’’ each place 
it appears and inserting ‘‘Commission’’; 
(C) by striking ‘‘Secretary’’ each place it appears and 
inserting ‘‘Commission’’, except in sections 9 and 14 (15 
U.S.C. 1198 and 1201); 
(D) by striking ‘‘he’’ and ‘‘his’’ each place either such 
word appears in reference to the Secretary and inserting 
‘‘it’’ and ‘‘its’’, respectively; 
(E) by striking paragraph (5) of section 4(e) (15 U.S.C. 
1193(e)) and redesignating paragraph (6) as paragraph (5); 
(F) by striking ‘‘Consumer Product Safety Commission 
(hereinafter in this section referred to as the ‘Commission’) 
in section 15 (15 U.S.C. 1202)’’ and inserting ‘‘Commission’’;
H. R. 4040—28 
(G) by amending subsection (d) of section 16 (15 U.S.C. 
1203) to read as follows: 
‘‘(d) In this section, a reference to a flammability standard 
or other regulation for a fabric, related material, or product in 
effect under this Act includes a standard of flammability continued 
in effect by section 11 of the Act of December 14, 1967 (Public 
Law 90–189).’’; and 
(H) by striking ‘‘Consumer Product Safety Commission’’ 
in section 17 (15 U.S.C. 1204) and inserting ‘‘Commission’’. 
SEC. 205. INSPECTOR GENERAL AUDITS AND REPORTS. 
(a) IMPROVEMENTS BY THE COMMISSION.—The Inspector General 
of the Commission shall conduct reviews and audits to assess— 
(1) the Commission’s capital improvement efforts, including 
improvements and upgrades of the Commission’s information 
technology architecture and systems and the development of 
the database of publicly available information on incidents 
involving injury or death required under section 6A of the 
Consumer Product Safety Act, as added by section 212 of this 
Act; and 
(2) the adequacy of procedures for accrediting conformity 
assessment bodies as authorized by section 14(a)(3) of the Con-
sumer Product Safety Act (15 U.S.C. 2063(a)(3)), as amended 
by this Act, and overseeing the third party testing required 
by such section. 
(b) EMPLOYEE COMPLAINTS.—Within 1 year after the date of 
enactment of this Act, the Inspector General shall conduct a review 
of— 
(1) complaints received by the Inspector General from 
employees of the Commission about failures of other employees 
to enforce the rules or regulations of the Consumer Product 
Safety Act or any other Act enforced by the Commission or 
otherwise carry out their responsibilities under such Acts if 
such alleged failures raise issues of conflicts of interest, ethical 
violations, or the absence of good faith; and 
(2) actions taken by the Commission to address such fail-
ures and complaints, including an assessment of the timeliness 
and effectiveness of such actions. 
(c) PUBLIC INTERNET WEBSITE LINKS.—Not later than 30 days 
after the date of enactment of this Act, the Commission shall 
establish and maintain— 
(1) a direct link on the homepage of its Internet website 
to the Internet webpage of the Commission’s Office of Inspector 
General; and 
(2) a mechanism on the webpage of the Commission’s Office 
of Inspector General by which individuals may anonymously 
report cases of waste, fraud, or abuse with respect to the 
Commission. 
(d) REPORTS.— 
(1) ACTIVITIES AND NEEDS OF INSPECTOR GENERAL.—Not 
later than 60 days after the date of enactment of this Act, 
the Inspector General of the Commission shall transmit a report 
to the appropriate Congressional committees on the activities 
of the Inspector General, any structural barriers which prevent 
the Inspector General from providing robust oversight of the 
activities of the Commission, and any additional authority or 
resources that would facilitate more effective oversight.
H. R. 4040—29 
(2) REVIEWS
OF
IMPROVEMENTS
AND
EMPLOYEE
COM-
PLAINTS.—Beginning for fiscal year 2010, the Inspector General 
of the Commission shall include in an annual report to the 
appropriate Congressional committees the Inspector General’s 
findings, conclusions, and recommendations from the reviews 
and audits under subsections (a) and (b). 
SEC. 206. INDUSTRY-SPONSORED TRAVEL BAN. 
(a) IN GENERAL.—The Act (15 U.S.C. 1251 et seq.) is amended 
by adding at the end the following new section: 
‘‘SEC. 39. PROHIBITION ON INDUSTRY-SPONSORED TRAVEL. 
‘‘Notwithstanding section 1353 of title 31, United States Code, 
and section 27(b)(6) of this Act, no Commissioner or employee 
of the Commission shall accept travel, subsistence, or related 
expenses with respect to attendance by a Commissioner or employee 
at any meeting or similar function relating to official duties of 
a Commissioner or an employee, from a person— 
‘‘(1) seeking official action from, doing business with, or 
conducting activities regulated by, the Commission; or 
‘‘(2) whose interests may be substantially affected by the 
performance or nonperformance of the Commissioner’s or 
employee’s official duties.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in section 
1 (15 U.S.C. 2051 note) is amended by inserting at the end the 
following: 
‘‘Sec. 39. Prohibition on industry-sponsored travel.’’. 
SEC. 207. SHARING OF INFORMATION WITH FEDERAL, STATE, LOCAL, 
AND FOREIGN GOVERNMENT AGENCIES. 
Section 29 (15 U.S.C. 2078) is amended by adding at the end 
the following: 
‘‘(f) SHARING OF INFORMATION WITH FEDERAL, STATE, LOCAL, 
AND FOREIGN GOVERNMENT AGENCIES.— 
‘‘(1) AGREEMENTS AND CONDITIONS.—Notwithstanding the 
requirements of subsections (a)(3) and (b) of section 6, relating 
to public disclosure of information, the Commission may make 
information obtained by the Commission available to any Fed-
eral, 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 pur-
poses, 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 inves-
tigating, 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;
H. R. 4040—30 
‘‘(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 inter-
national 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 under-
standing, 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 sub-
mitted 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 pre-
vent 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 subdivi-
sion 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
H. R. 4040—31 
‘‘(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 correc-
tive action or order.’’. 
SEC. 208. EMPLOYEE TRAINING EXCHANGES. 
(a) IN GENERAL.—The Commission may— 
(1) retain or employ officers or employees of foreign govern-
ment 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 agen-
cies 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 para-
graphs (7) through (13), respectively, and inserting after para-
graph (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 con-
sultation 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—
H. R. 4040—32 
‘‘(A) progress reports and incident updates with respect 
to action plans implemented under section 15(d); 
‘‘(B) statistics with respect to injuries and deaths asso-
ciated with products that the Commission determines 
present a substantial product hazard under section 15(c); 
and 
‘‘(C) the number and type of communication from con-
sumers to the Commission with respect to each product 
with respect to which the Commission takes action under 
section 15(d);’’. 
(b) EFFECTIVE DATE.—The amendments made by this section 
shall apply with respect to reports submitted for fiscal year 2009 
and thereafter. 
Subtitle B—Enhanced Enforcement 
Authority 
SEC. 211. PUBLIC DISCLOSURE OF INFORMATION. 
Section 6 (15 U.S.C. 2055) is amended— 
(1) by inserting ‘‘A manufacturer or private labeler shall 
submit any such mark within 15 calendar days after the date 
on which it receives the Commission’s offer.’’ after ‘‘paragraph 
(2).’’ in subsection (a)(3); 
(2) by striking ‘‘30 days’’ in subsection (b)(1) and inserting 
‘‘15 days’’; 
(3) by striking ‘‘finds that the public’’ in subsection (b)(1) 
and inserting ‘‘publishes a finding that the public’’; 
(4) by striking ‘‘notice and publishes such a finding in 
the Federal Register),’’ in subsection (b)(1) and inserting 
‘‘notice),’’; 
(5) by striking ‘‘10 days’’ in subsection (b)(2) and inserting 
‘‘5 days’’; 
(6) by striking ‘‘finds that the public’’ in subsection (b)(2) 
and inserting ‘‘publishes a finding that the public’’; 
(7) by striking ‘‘notice and publishes such finding in the 
Federal Register.’’ in subsection (b)(2) and inserting ‘‘notice.’’; 
(8) in subsection (b)— 
(A) by striking ‘‘(3)’’ and inserting ‘‘(3)(A)’’; and 
(B) by adding at the end thereof the following: 
‘‘(B) If the Commission determines that the public 
health and safety requires expedited consideration of an 
action brought under subparagraph (A), the Commission 
may file a request with the District Court for such expe-
dited consideration. If the Commission files such a request, 
the District Court shall— 
‘‘(i) assign the matter for hearing at the earliest 
possible date; 
‘‘(ii) give precedence to the matter, to the greatest 
extent practicable, over all other matters pending on 
the docket of the court at the time; 
‘‘(iii) expedite consideration of the matter to the 
greatest extent practicable; and 
‘‘(iv) grant or deny the requested injunction within 
30 days after the date on which the Commission’s 
request was filed with the court.’’;
H. R. 4040—33 
(9) by striking ‘‘section 19 (related to prohibited acts);’’ 
in subsection (b)(4) and inserting ‘‘any consumer product safety 
rule or provision of this Act or similar rule or provision of 
any other Act enforced by the Commission;’’; 
(10) by striking ‘‘or’’ after the semicolon in subsection 
(b)(5)(B); 
(11) by striking ‘‘disclosure.’’ in subsection (b)(5)(C) and 
inserting ‘‘disclosure; or’’; 
(12) by inserting in subsection (b)(5) after subparagraph 
(C) the following: 
‘‘(D) the Commission publishes a finding that the public 
health and safety requires public disclosure with a lesser 
period of notice than is required under paragraph (1).’’; 
and 
(13) in the matter following subparagraph (D) of subsection 
(b)(5) (as added by paragraph (12) of this section), by striking 
‘‘section 19(a),’’ and inserting ‘‘any consumer product safety 
rule or provision under this Act or similar rule or provision 
of any other Act enforced by the Commission,’’. 
SEC. 212. ESTABLISHMENT OF A PUBLIC CONSUMER PRODUCT SAFETY 
DATABASE. 
(a) IN GENERAL.—The Act is amended by inserting after section 
6 (15 U.S.C. 2055) the following: 
‘‘SEC. 
6A. 
PUBLICLY 
AVAILABLE 
CONSUMER 
PRODUCT 
SAFETY 
INFORMATION DATABASE. 
‘‘(a) DATABASE REQUIRED.— 
‘‘(1) IN GENERAL.—Subject to the availability of appropria-
tions, the Commission shall, in accordance with the require-
ments of this section, establish and maintain a database on 
the safety of consumer products, and other products or sub-
stances regulated by the Commission, that is— 
‘‘(A) publicly available; 
‘‘(B) searchable; and 
‘‘(C) accessible through the Internet website of the 
Commission. 
‘‘(2) SUBMISSION OF DETAILED IMPLEMENTATION PLAN TO 
CONGRESS.—Not later than 180 days after the date of enactment 
of the Consumer Product Safety Improvement Act of 2008, 
the Commission shall transmit to the appropriate Congressional 
committees a detailed plan for establishing and maintaining 
the database required by paragraph (1), including plans for 
the operation, content, maintenance, and functionality of the 
database. The plan shall detail the integration of the database 
into the Commission’s overall information technology improve-
ment objectives and plans. The plan submitted under this sub-
section 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 aware-
ness of the database. 
‘‘(3) DATE
OF
INITIAL
AVAILABILITY.—Not later than 18 
months after the date on which the Commission submits the 
plan required by paragraph (2), the Commission shall establish 
the database required by paragraph (1). 
‘‘(b) CONTENT AND ORGANIZATION.— 
‘‘(1) CONTENTS.—Except as provided in subsection (c)(4), 
the database shall include the following:
H. R. 4040—34 
‘‘(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 manu-
facturer, 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 sub-
section (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 para-
graph (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 sub-
stance 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;
H. R. 4040—35 
‘‘(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 pro-
vide clear and conspicuous notice to users of the database 
that the Commission does not guarantee the accuracy, complete-
ness, or adequacy of the contents of the database. 
‘‘(6) AVAILABILITY OF CONTACT INFORMATION.—The Commis-
sion 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 informa-
tion 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 dissemi-
nated 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 manu-
facturer 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 con-
fidential 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 manufac-
turer 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,
H. R. 4040—36 
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 para-
graph (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 COM-
MENTS 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 com-
ment to the database; or 
‘‘(iii) add information to correct inaccurate informa-
tion in the database. 
‘‘(B) INACCURATE INFORMATION IN DATABASE.—If the 
Commission determines, after investigation, that informa-
tion 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 informa-
tion in the database. 
‘‘(d) ANNUAL REPORT.—The Commission shall submit to the 
appropriate Congressional committees an annual report on the data-
base, including— 
‘‘(1) the operation, content, maintenance, functionality, and 
cost of the database for the reporting year; and 
‘‘(2) the number of reports and comments for the year— 
‘‘(A) received by the Commission under this section; 
‘‘(B) posted on the database; and 
‘‘(C) corrected on or removed from the database. 
‘‘(e) GAO STUDY.—Within 2 years after the date on which 
the Commission establishes the database under this section, the 
Comptroller General shall submit a report to the appropriate 
Congressional committees containing— 
‘‘(1) an analysis of the general utility of the database, 
including—
H. R. 4040—37 
‘‘(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 REQUIRE-
MENTS.— 
‘‘(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) informa-
tion received by the Commission under— 
‘‘(A) section 15(b); or 
‘‘(B) any other mandatory or voluntary reporting pro-
gram established between a retailer, manufacturer, or pri-
vate labeler and the Commission. 
‘‘(g) HARM DEFINED.—In this section, the term ‘harm’ means— 
‘‘(1) injury, illness, or death; or 
‘‘(2) risk of injury, illness, or death, as determined by 
the Commission.’’. 
(b) UPGRADE OF COMMISSION INFORMATION TECHNOLOGY SYS-
TEMS.—The Commission shall expedite efforts to upgrade and 
improve the information technology systems in use by the Commis-
sion 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, regula-
tion, 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 com-
merce,’’ and inserting ‘‘consumer product, or other product 
or substance over which the Commission has jurisdiction
H. R. 4040—38 
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 para-
graphs (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 pro-
vided under paragraph (2) may not be used as the basis 
for criminal prosecution of the reporting person under sec-
tion 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 fol-
lowing: 
‘‘(A) To cease distribution of the product. 
‘‘(B) To notify all persons that transport, store, distribute, 
or otherwise handle the product, or to which the product has 
been transported, sold, distributed, or otherwise handled, to 
cease immediately distribution of the product. 
‘‘(C) To notify appropriate State and local public health 
officials.’’; 
(E) by striking ‘‘comply.’’ in subparagraph (D), as 
redesignated, and inserting ‘‘comply, including posting clear 
and conspicuous notice on its Internet website, providing 
notice to any third party Internet website on which such 
manufacturer, retailer, distributor, or licensor has placed 
the product for sale, and announcements in languages other 
than English and on radio and television where the 
Commission determines that a substantial number of con-
sumers 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 para-
graph (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
H. R. 4040—39 
(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 sub-
section (c) and’’ after ‘‘such product’’ the first place it appears; 
(3) by striking ‘‘whichever of the following actions the per-
son 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 subpara-
graphs (A), (B), and (C); 
(5) in each of subparagraphs (A) and (B) (as so redesig-
nated), 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 redesig-
nated, and inserting ‘‘more (i)’’; 
(7) by striking ‘‘or (B)’’ in subparagraph (C), as redesig-
nated, 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
H. R. 4040—40 
action plan relates after receipt of notice of a revocation of the 
action plan.’’. 
(c) CONTENT OF NOTICE.—Section 15 (15 U.S.C. 2064) is further 
amended by adding at the end the following: 
‘‘(i) REQUIREMENTS FOR RECALL NOTICES.— 
‘‘(1) GUIDELINES.—Not later than 180 days after the date 
of enactment of the Consumer Product Safety Improvement 
Act of 2008, the Commission shall, by rule, establish guidelines 
setting forth a uniform class of information to be included 
in any notice required under an order under subsection (c) 
or (d) of this section or under section 12. Such guidelines 
shall include any information that the Commission determines 
would be helpful to consumers in— 
‘‘(A) identifying the specific product that is subject 
to such an order; 
‘‘(B) understanding the hazard that has been identified 
with 
such 
product 
(including 
information 
regarding 
incidents or injuries known to have occurred involving such 
product); and 
‘‘(C) understanding what remedy, if any, is available 
to a consumer who has purchased the product. 
‘‘(2) CONTENT.—Except to the extent that the Commission 
determines with respect to a particular product that one or 
more of the following items is unnecessary or inappropriate 
under the circumstances, the notice shall include the following: 
‘‘(A) description of the product, including— 
‘‘(i) the model number or stock keeping unit (SKU) 
number of the product; 
‘‘(ii) the names by which the product is commonly 
known; and 
‘‘(iii) a photograph of the product. 
‘‘(B) A description of the action being taken with 
respect to the product. 
‘‘(C) The number of units of the product with respect 
to which the action is being taken. 
‘‘(D) A description of the substantial product hazard 
and the reasons for the action. 
‘‘(E) An identification of the manufacturers and signifi-
cant retailers of the product. 
‘‘(F) The dates between which the product was manu-
factured 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 appro-
priate.’’.
H. R. 4040—41 
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 fur-
ther 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 Commis-
sion 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 manufac-
turer directly supplied a given consumer product (or other 
product or substance over which the Commission has juris-
diction 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—
H. R. 4040—42 
‘‘(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 mate-
rial 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 reg-
istered safety certification mark owned by an accredited con-
formity 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 misrepre-
sentation 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 sub-
stance, 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 Haz-
ardous 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
H. R. 4040—46 
or its residents may bring an action on behalf of the residents 
of the State in any United States district court for the district 
in which the defendant is found or transacts business to obtain 
appropriate injunctive relief. 
‘‘(2) INITIATION OF CIVIL ACTION.— 
‘‘(A) NOTICE TO COMMISSION REQUIRED IN ALL CASES.— 
A State shall provide written notice to the Commission 
regarding any civil action under paragraph (1). Except 
when proceeding under subparagraph (C), the State shall 
provide the notice at least 30 days before the date on 
which the State intends to initiate the civil action by filing 
a complaint. 
‘‘(B) FILING OF COMPLAINT.—A State may initiate the 
civil action by filing a complaint— 
‘‘(i) at any time after the date on which the 30- 
day period ends; or 
‘‘(ii) earlier than such date if the Commission con-
sents 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 com-
plaint immediately after notifying the Commission of the 
State’s determination that such immediate action is nec-
essary to protect the residents of the State from a substan-
tial 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 para-
graph (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.
H. R. 4040—47 
‘‘(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 privi-
lege; and 
‘‘(ii) was obtained during discovery in the action 
under paragraph (1); or 
‘‘(B) use any information that is subject to attorney- 
client or work product privilege that was obtained while 
assisting the State in the action under paragraph (1) in 
any other private civil actions that arise out of the same 
operative facts.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) POISON
PREVENTION
PACKAGING
ACT.—The Poison 
Prevention Packaging Act of 1970 (15 U.S.C. 1471 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 9. ENFORCEMENT BY STATE ATTORNEYS GENERAL. 
‘‘The attorney general of a State, or other authorized State 
officer, alleging a violation of a standard or rule promulgated under 
section 3 that affects or may affect such State or its residents, 
may bring an action on behalf of the residents of the State in 
any United States district court for the district in which the defend-
ant is found or transacts business to obtain appropriate injunctive 
relief. The procedural requirements of section 24(b) of the Consumer 
Product Safety Act (15 U.S.C. 2073(b)) shall apply to any such 
action.’’. 
(2) CLERICAL AMENDMENT.—The table of contents in section 
1 (15 U.S.C. 2051 note) is amended by striking the item relating 
to section 24 and inserting the following: 
‘‘Sec. 24. Additional enforcement of product safety rules and of section 15 orders.’’. 
SEC. 219. WHISTLEBLOWER PROTECTIONS. 
(a) IN GENERAL.—The Act (15 U.S.C. 2051 et seq.), as amended 
by section 206 of this Act, is further amended by adding at the 
end the following: 
‘‘WHISTLEBLOWER PROTECTION 
‘‘SEC. 40. (a) No manufacturer, private labeler, distributor, or 
retailer, may discharge an employee or otherwise discriminate 
against an employee with respect to compensation, terms, condi-
tions, 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 Govern-
ment, or the attorney general of a State information relating 
to any violation of, or any act or omission the employee reason-
ably 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;
H. R. 4040—48 
‘‘(3) assisted or participated or is about to assist or partici-
pate 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 provi-
sion of this Act or any other Act enforced by the Commission, 
or any order, rule, regulation, standard, or ban under any 
such Acts. 
‘‘(b)(1) A person who believes that he or she has been discharged 
or otherwise discriminated against by any person in violation of 
subsection (a) may, not later than 180 days after the date on 
which such violation occurs, file (or have any person file on his 
or her behalf) a complaint with the Secretary of Labor alleging 
such discharge or discrimination and identifying the person respon-
sible for such act. Upon receipt of such a complaint, the Secretary 
shall notify, in writing, the person named in the complaint of 
the filing of the complaint, of the allegations contained in the 
complaint, of the substance of evidence supporting the complaint, 
and of the opportunities that will be afforded to such person under 
paragraph (2). 
‘‘(2)(A) Not later than 60 days after the date of receipt of 
a complaint filed under paragraph (1) and after affording the 
complainant and the person named in the complaint an opportunity 
to submit to the Secretary a written response to the complaint 
and an opportunity to meet with a representative of the Secretary 
to present statements from witnesses, the Secretary shall initiate 
an investigation and determine whether there is reasonable cause 
to believe that the complaint has merit and notify, in writing, 
the complainant and the person alleged to have committed a viola-
tion 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 expedi-
tiously. 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
H. R. 4040—49 
behavior described in paragraphs (1) through (4) of subsection (a) 
was a contributing factor in the unfavorable personnel action alleged 
in the complaint. 
‘‘(iv) Relief may not be ordered under subparagraph (A) if 
the employer demonstrates by clear and convincing evidence that 
the employer would have taken the same unfavorable personnel 
action in the absence of that behavior. 
‘‘(3)(A) Not later than 120 days after the date of conclusion 
of any hearing under paragraph (2), the Secretary shall issue a 
final order providing the relief prescribed by this paragraph or 
denying the complaint. At any time before issuance of a final 
order, a proceeding under this subsection may be terminated on 
the basis of a settlement agreement entered into by the Secretary, 
the complainant, and the person alleged to have committed the 
violation. 
‘‘(B) If, in response to a complaint filed under paragraph (1), 
the Secretary determines that a violation of subsection (a) has 
occurred, the Secretary shall order the person who committed such 
violation— 
‘‘(i) to take affirmative action to abate the violation; 
‘‘(ii) to reinstate the complainant to his or her former 
position together with compensation (including back pay) and 
restore the terms, conditions, and privileges associated with 
his or her employment; and 
‘‘(iii) to provide compensatory damages to the complainant. 
If such an order is issued under this paragraph, the Secretary, 
at the request of the complainant, shall assess against the person 
against whom the order is issued a sum equal to the aggregate 
amount of all costs and expenses (including attorneys’ and expert 
witness fees) reasonably incurred, as determined by the Secretary, 
by the complainant for, or in connection with, the bringing of 
the complaint upon which the order was issued. 
‘‘(C) If the Secretary finds that a complaint under paragraph 
(1) is frivolous or has been brought in bad faith, the Secretary 
may award to the prevailing employer a reasonable attorneys’ fee, 
not exceeding $1,000, to be paid by the complainant. 
‘‘(4) If the Secretary has not issued a final decision within 
210 days after the filing of the complaint, or within 90 days after 
receiving a written determination, the complainant may bring an 
action at law or equity for de novo review in the appropriate 
district court of the United States with jurisdiction, which shall 
have jurisdiction over such an action without regard to the amount 
in controversy, and which action shall, at the request of either 
party to such action, be tried by the court with a jury. The pro-
ceedings 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 discrimi-
nation; 
‘‘(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 para-
graph (4), any person adversely affected or aggrieved by a final