In the Senate of the United States,
March 6, 2008.
Resolved, That the bill from the House of Representa-
tives (H.R. 4040) entitled ‘‘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.’’, do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘CPSC Reform Act’’.
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(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Consumer Product Safety Act.
Sec. 3. Reauthorization.
Sec. 4. Personnel.
Sec. 5. Full Commission requirement; interim quorum.
Sec. 6. Submission of copy of certain documents to Congress.
Sec. 7. Public disclosure of information.
Sec. 8. Rulemaking.
Sec. 9. Prohibition on stockpiling under other Commission-enforced statutes.
Sec. 10. Third party certification of children’s products.
Sec. 11. Tracking labels for products for children.
Sec. 12. Substantial product hazard reporting requirement.
Sec. 13. Corrective action plans.
Sec. 14. Identification of manufacturer by importers, retailers, and distributors.
Sec. 15. Prohibited acts.
Sec. 16. Penalties.
Sec. 17. Preemption.
Sec. 18. Sharing of information with Federal, State, local, and foreign govern-
ment agencies.
Sec. 19. Financial responsibility.
Sec. 20. Enforcement by State attorneys general.
Sec. 21. Whistleblower protections.
Sec. 22. Ban on children’s products containing lead; lead paint rule.
Sec. 23. Alternative measures of lead content.
Sec. 24. Study of preventable injuries and deaths of minority children related to
certain consumer products.
Sec. 25. Cost-benefit analysis under the Poison Prevention Packaging Act of 1970.
Sec. 26. Inspector general reports.
Sec. 27. Public internet website links.
Sec. 28. Child-resistant portable gasoline containers.
Sec. 29. Toy safety standard.
Sec. 30. All-terrain vehicle safety standard.
Sec. 31. Garage door opener standard.
Sec. 32. Reducing deaths and injuries from carbon monoxide poisoning.
Sec. 33. Completion of cigarette lighter rulemaking.
Sec. 34. Consumer product registration forms and standards for durable infant
or toddler products.
Sec. 35. Repeal.
Sec. 36. Consumer Product Safety Commission presence at National Targeting
Center of U.S. Customs and Border Protection.
Sec. 37. Development of risk assessment methodology to identify shipments of con-
sumer products that are likely to contain consumer products in
violation of safety standards.
Sec. 38. Seizure and destruction of imported products in violation of consumer
product safety standards.
Sec. 39. Database of manufacturing facilities and suppliers involved in violations
of consumer product safety standards.
Sec. 40. Ban on certain products containing specified phthalates.
Sec. 41. Equestrian helmets.
Sec. 42. Requirements for recall notices.
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Sec. 43. Study and report on effectiveness of authorities relating to safety of im-
ported consumer products.
Sec. 44. Ban on importation of toys made by certain manufacturers.
Sec. 45. Consumer product safety standards use of formaldehyde in textile and
apparel articles.
SEC. 2. AMENDMENT OF CONSUMER PRODUCT SAFETY ACT.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of
an amendment to, or repeal of, 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. REAUTHORIZATION.
(a) IN GENERAL.—Section 32 (15 U.S.C. 2081) is
amended—
(1) by redesignating subsection (c) as subsection
(e); and
(2) by striking subsections (a) and (b) and in-
serting the following:
‘‘(a)(1) 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) $88,500,000 for fiscal year 2009;
‘‘(B) $96,800,000 for fiscal year 2010;
‘‘(C) $106,480,000 for fiscal year 2011;
‘‘(D) $117,128,000 for fiscal year 2012;
‘‘(E) $128,841,000 for fiscal year 2013;
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‘‘(F) $141,725,000 for fiscal year 2014; and
‘‘(G) $155,900,000 for fiscal year 2015.
‘‘(2) From amounts appropriated pursuant to para-
graph (1), there shall shall be made available, for each of
fiscal years 2009 through 2015, up to $1,200,000 for travel,
subsistence, and related expenses incurred in furtherance of
the official duties of Commissioners and employees with re-
spect 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 ex-
penses from any person—
‘‘(A) seeking official action from, doing business
with, or conducting activities regulated by, the Com-
mission; or
‘‘(B) whose interests may be substantially af-
fected by the performance or nonperformance of the
Commissioner’s or employee’s official duties.
‘‘(b) There are authorized to be appropriated to the
Commission for the Office of Inspector General—
‘‘(1) $1,600,000 for fiscal year 2009;
‘‘(2) $1,770,000 for fiscal year 2010;
‘‘(3) $1,936,000 for fiscal year 2011;
‘‘(4) $2,129,600 for fiscal year 2012;
‘‘(5) $2,342,560 for fiscal year 2013;
‘‘(6) $2,576,820 for fiscal year 2014; and
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‘‘(7) $2,834,500 for fiscal year 2015.
‘‘(c) There are authorized to be appropriated to the
Commission for the purpose of renovation, repair, construc-
tion, equipping, and making other necessary capital im-
provements to the Commission’s research, development, and
testing facility (including bringing the facility into compli-
ance with applicable environmental, safety, and accessi-
bility standards), $40,000,000 for fiscal years 2009 and
2010.
‘‘(d) There are authorized to be appropriated to the
Commission for research, in cooperation with the National
Institute of Science and Technology, the Food and Drug Ad-
ministration, and other relevant Federal agencies into safe-
ty issues related to the use of nanotechnology in consumer
products, $1,000,000 for fiscal years 2009 and 2010.’’.
SEC. 4. PERSONNEL.
(a) PROFESSIONAL STAFF.—
(1) IN GENERAL.—The Consumer Product Safety
Commission shall increase the number of fulltime per-
sonnel employed by the Commission to at least 500 by
October 1, 2013, subject to the availability of appro-
priations.
(2) PORTS OF ENTRY; OVERSEAS INSPECTORS.—
The Consumer Product Safety Commission shall hire
at least 50 additional personnel to be assigned to duty
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stations at United States ports of entry, or to inspect
overseas production facilities, by October 1, 2010, sub-
ject to the availability of appropriations.
(b) PROFESSIONAL CAREER PATH.—The Commission
shall develop and implement a professional career develop-
ment program for professional staff to encourage retention
of career personnel and provide professional development
opportunities for Commission employees.
(c) TRAINING STANDARDS.—
(1) IN GENERAL.—Not later than 180 days after
the date of the enactment of this Act, the Consumer
Product Safety Commission shall—
(A) develop standards for training product
safety inspectors and technical staff employed by
the Commission; and
(B) submit to Congress a report on such
standards.
(2) CONSULTATIONS.—The Commission shall de-
velop the training standards required under para-
graph (1) in consultation with a broad range of orga-
nizations with expertise in consumer product safety
issues.
SEC. 
5. 
FULL 
COMMISSION 
REQUIREMENT; 
INTERIM
QUORUM.
(a) NUMBER OF COMMISSIONERS.—
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(1) IN GENERAL.—The Congress finds that it is
necessary, in order for the Consumer Product Safety
Commission to function effectively and carry out the
purposes for which the Consumer Product Safety Act
was enacted, for the full complement of 5 members of
the Commission to serve and participate in the busi-
ness of the Commission and urges the President to
nominate members to fill any vacancy in the member-
ship of the Commission as expeditiously as prac-
ticable.
(2) REPEAL OF LIMITATION.—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).
(b) TEMPORARY QUORUM.—Notwithstanding section
4(d) of the Consumer Product Safety Act (15 U.S.C.
2053(d)), 2 members of the Consumer Product Safety Com-
mission, if they are not affiliated with the same political
party, shall constitute a quorum for the transaction of busi-
ness for the 9-month period beginning on the date of enact-
ment of this Act.
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SEC. 6. SUBMISSION OF COPY OF CERTAIN DOCUMENTS TO
CONGRESS.
(a) IN GENERAL.—Notwithstanding any rule, regula-
tion, 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, tes-
timony, and comments on legislation submitted by the Com-
mission 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 para-
graph (31);
(2) by redesignating paragraph (32) as (33); and
(3) by inserting after paragraph (31) the fol-
lowing:
‘‘(32) section 27(k) of the Consumer Product
Safety Act (15 U.S.C. 2076(k)); or’’.
SEC. 7. PUBLIC DISCLOSURE OF INFORMATION.
Section 6 (15 U.S.C. 2055) is amended—
(1) by inserting ‘‘A manufacturer or private la-
beler shall submit any such mark within 15 calendar
days after the date on which it receives the Commis-
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sion’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 sub-
section (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 sub-
section (b)(2) and inserting ‘‘publishes a finding that
the public’’;
(7) by striking ‘‘notice and publishes such a
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 fol-
lowing:
‘‘(B) If the Commission determines that the public
health and safety requires expedited consideration of an ac-
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tion brought under subparagraph (A), the Commission may
file a request with the District Court for such expedited con-
sideration. If the Commission files such a request, the Dis-
trict Court shall—
‘‘(i) assign the matter for hearing at the earliest
possible date;
‘‘(ii) give precedence to the matter, to the great-
est 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 Commis-
sion’s request was filed with the court.’’;
(9) by striking ‘‘section 19 (related to prohibited
acts);’’ in subsection (b)(4) and inserting ‘‘any con-
sumer 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 sub-
section (b)(5)(B);
(11) by striking ‘‘disclosure.’’ in subsection
(b)(5)(C) and inserting ‘‘disclosure; or’’;
(12) by inserting in subsection (b)(5) after sub-
paragraph (C) the following:
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‘‘(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).’’;
(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,’’; and
(14) by adding at the end of subsection (b) the
following:
‘‘(9) PUBLICLY AVAILABLE DATABASE OF REPORTED
DEATHS, INJURIES, ILLNESS, AND RISK OF SUCH INCI-
DENTS.—
‘‘(A) IN GENERAL.—Not later than 1 year after
the date of enactment of the CPSC Reform Act, the
Commission shall establish and maintain a publicly
available searchable database accessible on the Com-
mission’s web site. The database shall include any re-
ports of injuries, illness, death, or risk of such injury,
illness, or death related to the use of consumer prod-
ucts received by the Commission from—
‘‘(i) consumers;
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‘‘(ii) local, State, or Federal government
agencies;
‘‘(iii) health care professionals, including
physicians, hospitals, and coroners;
‘‘(iv) child service providers;
‘‘(v) public safety entities, including police
and fire fighters; and
‘‘(vi) other non-governmental sources, other
than information provided to the Commission by
retailers, manufacturers, or private labelers pur-
suant to a voluntary or required submission
under section 15 or other mandatory or vol-
untary program.
‘‘(B) ADDITIONAL
CONTENTS.—In addition to
the reports described in subparagraph (A), the Com-
mission may include in the database any additional
information it determines to be in the public interest.
‘‘(C) ORGANIZATION OF DATABASE.—The Com-
mission shall categorize the information available on
the database by date, product, manufacturer, the
model of the product, and any other category the
Commission determines to be in the public interest.
‘‘(D) TIMING.—The Commission shall make such
reports available on the Commission website no later
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than 15 days after the date on which they are re-
ceived.
‘‘(E) REMOVAL OF INACCURATE OR INCORRECT
INFORMATION.—If the Commission determines, after
investigation, that information made available on the
database is incorrect the Commission shall promptly
remove it from the database.
‘‘(F) MANUFACTURER COMMENTS.—A manufac-
turer, private labeler, or retailer shall be given an op-
portunity to comment on any information involving
a product manufactured by that manufacturer, or
distributed by that private labeler or retailer, as the
case may be. Any such comments may be included in
the database alongside the information involving such
product if requested by the manufacturer, private la-
beler, or retailer.
‘‘(G) DISCLOSURE.—The Commission may not
disclose the names or addresses of consumers pursuant
to its authority under this subsection.
‘‘(H) APPLICATION WITH OTHER PROVISIONS.—
Subsection (a) and the preceding paragraphs of this
subsection do not apply to the public disclosure of in-
formation received by the Commission under subpara-
graph (A) of this paragraph.’’.
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SEC. 8. 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 com-
menced’’;
(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 insert-
ing ‘‘unless the’’;
(D) by striking ‘‘an advance notice of pro-
posed 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 in-
serting ‘‘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.’’.
(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’’.
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(b) RULEMAKING UNDER FEDERAL HAZARDOUS SUB-
STANCES 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 objec-
tives of this Act by avoiding or resolving uncertainty
as to its application, the Commission may by regula-
tion declare to be a hazardous substance, for the pur-
poses of this Act, any substance or mixture of sub-
stances, which it finds meets the requirements of sec-
tion 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 sub-
sections (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),
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(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 sub-
sections (f) through (i) of section 3 of this Act, except
that if’’.
(3) ANPR REQUIREMENT.—Section 3 of the Fed-
eral Hazardous Substances Act (15 U.S.C. 1262) is
amended—
(A) by striking ‘‘shall be commenced’’ in
subsection (f) and inserting ‘‘may be com-
menced’’;
(B) by striking ‘‘in the notice’’ in subsection
(g)(1) and inserting ‘‘in a notice’’; and
(C) by striking ‘‘unless, not less than 60
days after publication of the notice required in
subsection (f), the’’ in subsection (h) and insert-
ing ‘‘unless the’’.
(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:
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‘‘(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
(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 in-
serting ‘‘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 ‘‘Com-
mission’’;
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(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’’;
(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’’; and
(B) by striking ‘‘unless, not less than 60
days after publication of the notice required in
subsection (g), the’’ in subsection (i) and insert-
ing ‘‘unless the’’.
(2) OTHER
CONFORMING
AMENDMENTS.—The
Flammable 
Fabrics 
Act 
(15 
U.S.C. 
1193) 
is
amended—
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(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 ‘‘Commis-
sion’’;
(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
they appear in reference to the Secretary and in-
serting ‘‘it’’ and ‘‘its’’, respectively;
(E) by striking paragraph (5) of section
4(e) (15 U.S.C. 1193(e)) and redesignating para-
graph (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’’;
(G) by striking section 16(d) (15 U.S.C.
1203(d)) and inserting the following:
‘‘(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
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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. 9. 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. 10. THIRD PARTY CERTIFICATION OF CHILDREN’S
PRODUCTS.
(a) IN GENERAL.—Section 14(a) (15 U.S.C. 2063(a))
is amended—
(1) by redesignating paragraph (2) as para-
graph (5);
(2) by striking ‘‘Every manufacturer’’ in para-
graph (1) and inserting ‘‘Except as provided in para-
graph (2), every manufacturer’’;
(3) by designating the second and third sentences
of subsection (a) as paragraphs (3) and (4), respec-
tively;
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(4) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) Beginning 60 days after the date on which the
Commission publishes notice of an interim procedure des-
ignated under subsection (d)(2) of this section, every manu-
facturer, or its designee, of a children’s product (and the
private labeler, or its designee, of such product if it bears
a private label) manufactured or imported after such 60th
day that is subject to a children’s product safety standard
shall—
‘‘(A) have the product tested by a third party
laboratory qualified to perform such tests or testing
programs; and
‘‘(B) issue a certification which shall—
‘‘(i) certify that such product meets that
standard; and
‘‘(ii) specify the applicable children’s prod-
uct safety standard.’’;
(5) by striking ‘‘Such certificate shall’’ in para-
graph (3) as redesignated by paragraph (1) and in-
serting ‘‘A certificate required under this subsection
shall’’; and
(6) in paragraph (5), as redesignated by para-
graph (1)—
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(A) by striking ‘‘required by paragraph (1)
of this subsection,’’ and inserting ‘‘required by
paragraph (1) or (2) (as the case may be),’’; and
(B) by striking ‘‘requirement under para-
graph (1)’’ and inserting ‘‘requirement under
paragraph (1) or (2) (as the case may be)’’.
(b) TESTING PROGRAMS.—Section 14(b) (15 U.S.C.
2063(b)) is amended—
(1) by inserting ‘‘(1)’’ before the first sentence;
(2) by designating the second sentence as para-
graph (2); and
(3) in paragraph (2), as so designated, by strik-
ing ‘‘Any test or’’ and inserting ‘‘Except as provided
in subsection (a)(2), any test or’’.
(c) CHILDREN’S
PRODUCTS; TESTING
BY
INDE-
PENDENT THIRD LABORATORIES; CERTIFICATION.—Section
14 (15 U.S.C. 2063) is amended by adding at the end the
following:
‘‘(d) APPLICATION TO OTHER CONSUMER PRODUCTS;
CERTIFIER STANDARDS; AUDIT.—
‘‘(1) IN GENERAL.—The Commission—
‘‘(A) within 1 year after the date of enact-
ment of the CPSC Reform Act shall by rule—
‘‘(i) 
establish 
protocols 
and
standards—
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‘‘(I) for acceptance of certification
or continuing guarantees of compliance
by manufacturers under this section;
and
‘‘(II) for verifying that products
tested by third party laboratories com-
ply with applicable standards under
this Act and other Acts enforced by the
Commission;
‘‘(ii) prescribe standards for accredita-
tion of third party laboratories, either by
the Commission or by 1 or more inde-
pendent standard-setting organizations to
which the Commission delegates authority,
to engage in certifying compliance under
subsection (a)(2) for children’s products or
products to which the Commission extends
the certification requirements of that sub-
section;
‘‘(iii) establish requirements, or dele-
gate authority to 1 or more independent
standard-setting organizations, for third
party laboratory testing, as the Commission
determines to be necessary to ensure compli-
ance with any applicable rule or order, of
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random samples of products certified under
this section to determine whether they meet
the requirements for certification;
‘‘(iv) establish requirements for peri-
odic audits of third party laboratories by
an independent standard-setting organiza-
tion as a condition for accreditation of such
laboratories under this section; and
‘‘(v) establish a program by which
manufacturers may label products as com-
pliant with the certification requirements of
subsection (a)(2); and
‘‘(B) may by rule extend the certification
requirements of subsection (a)(2) to other con-
sumer products or to classes or categories of con-
sumer products.
‘‘(2) INTERIM
PROCEDURE.—Within 30 days
after the date of enactment of the CPSC Reform Act,
the Commission shall—
‘‘(A) consider existing laboratory testing
certification procedures established by inde-
pendent standard-setting organizations; and
‘‘(B) designate an existing procedure, or ex-
isting procedures, for manufacturers of children’s
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products to follow until the Commission issues a
final rule under paragraph (1)(A).
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) CHILDREN’S
PRODUCT.—The term ‘chil-
dren’s product’ means a consumer product designed
or intended for use by, or care of, a child 7 years of
age or younger that is introduced into the interstate
stream of commerce. In determining whether a prod-
uct is intended for use by a child 7 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 rea-
sonable.
‘‘(B) Whether the product is represented in
its packaging, display, promotion, or advertising
as appropriate for children 7 years of age or
younger.
‘‘(C) Whether the product is commonly rec-
ognized by consumers as being intended for use
by a child 7 years of age or younger.
‘‘(D) The Age Determination Guidelines
issued by the Commission in September 2002
and any subsequent version of such Guideline.
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‘‘(2) CHILDREN’S
PRODUCT
SAFETY
STAND-
ARD.—The term ‘children’s product safety standard’
means a consumer product safety rule or standard
under this Act or any other Act enforced by the Com-
mission, or a rule or classification under this Act or
any other Act enforced by the Commission declaring
a consumer product to be a banned hazardous product
or substance.
‘‘(3) THIRD PARTY LABORATORY.—
‘‘(A) IN GENERAL.—The term ‘third party
laboratory’ means a testing entity that—
‘‘(i) is designated by the Commission,
or by an independent standard-setting orga-
nization to which the Commission qualifies
as capable of making such a designation, as
a testing laboratory that is competent to
test products for compliance with applicable
safety standards under this Act and other
Acts enforced by the Commission; and
‘‘(ii) except as provided in subpara-
graph (C), is a non-governmental entity
that is not owned, managed, or controlled
by the manufacturer or private labeler.
‘‘(B) TESTING AND CERTIFICATION OF ART
MATERIALS AND PRODUCTS.—A certifying orga-
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nization (as defined in appendix A to section
1500.14(b)(8) of title 16, Code of Federal Regula-
tions) meets the requirements of subparagraph
(A)(ii) with respect to the certification of art
material and art products required under this
section or by regulations issued under the Fed-
eral Hazardous Substances Act.
‘‘(C) FIREWALLED
PROPRIETARY
LABORA-
TORIES.—Upon request, the Commission may
certify a laboratory that is owned, managed, or
controlled by the manufacturer or private labeler
as a third party laboratory if the Commission—
‘‘(i) finds that certification of the lab-
oratory would provide equal or greater con-
sumer safety protection than the manufac-
turer’s use of an independent third party
laboratory;
‘‘(ii) establishes procedures to ensure
that the laboratory is protected from undue
influence, including pressure to modify or
hide test results, by the manufacturer or
private labeler; and
‘‘(iii) establishes procedures for con-
fidential reporting of allegations of undue
influence to the Commission.
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‘‘(D) PROVISIONAL CERTIFICATION.—
‘‘(i) IN GENERAL.—Upon application
made to the Commission less than 1 year
after the date of enactment of the CPSC Re-
form Act, the Commission may provide pro-
visional certification of a laboratory de-
scribed in subparagraph (C) of this para-
graph, or a laboratory described in sub-
paragraph (A) of this paragraph, upon a
showing that the laboratory—
‘‘(I) is certified under laboratory
testing certification procedures estab-
lished by an independent standard-set-
ting organization; or
‘‘(II) provides consumer safety
protection that is equal to or greater
than that which would be provided by
use of an independent third party lab-
oratory.
‘‘(ii) 
DEADLINE.—The 
Commission
shall grant or deny any such application
within 45 days after receiving the completed
application.
‘‘(iii) EXPIRATION.—Any such certifi-
cation shall expire 90 days after the date on
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(1) by striking ‘‘consumer products which are
subject to consumer product safety standards’’ and in-
serting ‘‘a consumer product that is subject to a con-
sumer product safety standard, a children’s product
that is subject to a children’s product safety standard,
or either such product that is subject to any other rule
under this Act (or a similar rule under any other Act
enforced by the Commission)’’; and
(2) by striking ‘‘, at the option of the person re-
quired to certify the product,’’ and inserting ‘‘be re-
quired by the Commission to’’.
(e) LABEL AND CERTIFICATION.—Not later than 1
year after the date of enactment of this Act, the Consumer
Product Safety Commission shall prescribe a rule in ac-
cordance with section 14(a)(5) and (d) of the Consumer
Product Safety Act (15 U.S.C. 2063(a)(5) and (d)) for chil-
dren’s products (as defined in subsection (e) of such section).
(f) PROHIBITION ON IMPORTS OF CHILDREN’S PROD-
UCTS WITHOUT THIRD PARTY TESTING CERTIFICATION.—
Section 17(a) (15 U.S.C. 2066(a)) is amended—
(1) by striking ‘‘or’’ at the end of paragraph (4);
(2) by striking ‘‘(g).’’ in paragraph (5) and in-
serting a ‘‘(g); or’’; and
(3) by adding at the end the following:
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‘‘(6) is a children’s product, as that term is de-
fined in section 14(e), or a product for which the
Commission, under section 14(d)(1), has required cer-
tification under section 14(a)(2), that is not accom-
panied by a certificate from a third party as required
by section 14(a)(2).’’.
(g) CPSC CONSIDERATION OF EXISTING REQUIRE-
MENTS.—In establishing standards for laboratories certified
to perform testing under section 14 of the Consumer Prod-
uct Safety Act, as amended by this section, the Consumer
Product Safety Commission may consider standards and
protocols for certification of such laboratories by inde-
pendent standard-setting organizations that are in effect on
the date of enactment of this Act, but shall ensure that the
final rule prescribed under subsections (a)(2) and (d) of
that section incorporates, as the standard for certification,
the most current scientific and technological standards and
techniques available.
SEC. 11. TRACKING LABELS FOR PRODUCTS FOR CHIL-
DREN.
(a) LABELING REQUIREMENT
FOR INTERNET
AND
CATALOGUE
ADVERTISING
OF
CERTAIN
TOYS
AND
GAMES.—Section 24 of the Federal Hazardous Substances
Act (15 U.S.C. 1278) is amended—
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(1) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(2) by inserting after subsection (b) the fol-
lowing:
‘‘(c) INTERNET, CATALOGUE, AND OTHER ADVER-
TISING.—
‘‘(1) REQUIREMENT.—
‘‘(A) CAUTIONARY
STATEMENT.—Any ad-
vertisement that provides a direct means of pur-
chase posted by a manufacturer, retailer, dis-
tributor, private labeler, or licensor for any toy,
game, balloon, small ball, or marble that requires
a cautionary statement under subsections (a)
and (b), including any advertisement on Internet
websites or in catalogues or other distributed ma-
terials, shall include the appropriate cautionary
statement required under such subsections in its
entirety displayed on or immediately adjacent to
such advertisement. A manufacturer, distributor,
private labeler, or licensor that uses a retailer to
advertise a product shall inform the retailer of
any cautionary statement that may apply to
such products in any communication to the re-
tailer that contains information about the prod-
ucts to be advertised. The requirement imposed
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by the preceding sentence shall only apply to ad-
vertisements by the retailer if the manufacturer,
importer, distributor, private labeler, or licensor
affirmatively informs the retailer that such cau-
tionary statement is required for the product.
‘‘(B) DISPLAY.—The cautionary statement
described in subparagraph (A) shall be promi-
nently displayed—
‘‘(i) in the primary language used in
the advertisement, catalogue, or Internet
website;
‘‘(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 Regu-
lations.
‘‘(C) DEFINITIONS.—In this paragraph, the
terms ‘manufacturer, retailer, distributor, pri-
vate labeler, and licensor’—
‘‘(i) mean any individual who, by such
individual’s occupation holds himself or
herself out as having knowledge or skill pe-
culiar to consumer products, including any
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person who is in the business of manufac-
turing, selling, distributing, labeling, licens-
ing, or otherwise placing in the stream of
commerce consumer products; but
‘‘(ii) do not include an individual
whose selling activity is intermittent and
does not constitute a trade or business.
‘‘(2) ENFORCEMENT.—The requirement under
paragraph (1) shall be treated as a consumer product
safety standard promulgated under section 7 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 of such
Act (15 U.S.C. 2068).’’.
(b) TRACKING LABELS FOR PRODUCTS FOR CHIL-
DREN.—Section 14(a) of the Consumer Product Safety Act
(15 U.S.C. 2063(a)), as amended by section 10(a) of this
Act, is further amended by adding at the end thereof the
following:
‘‘(6) Effective 1 year after the date of enactment
of the CPSC Reform Act, the manufacturer of a chil-
dren’s product or other consumer product (as may be
required by the Commission in its discretion after a
rulemaking proceeding) shall place distinguishing
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marks on the product and its packaging, to the extent
practicable, that will enable the ultimate purchaser to
ascertain the manufacturer, production time period,
and cohort (including the batch, run number, or other
identifying characteristic) of production of the prod-
uct by reference to those marks.’’.
(c) ADVERTISING, LABELING, AND PACKAGING REP-
RESENTATION.—Section 14(c) (15 U.S.C. 2063(c)) is
amended—
(1) by striking ‘‘(c) The’’ and inserting ‘‘(c)(1)
The’’;
(2) by striking ‘‘rule)—’’ and inserting ‘‘rule):’’;
(3) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C), respectively;
(4) by indenting the sentence beginning ‘‘Such
labels’’ and inserting ‘‘(2)’’ before ‘‘Such labels’’; and
(5) by adding at the end thereof the following:
‘‘(4) If an advertisement, label, or package contains
a reference to a consumer product safety standard, a state-
ment with respect to whether the product meets all applica-
ble requirements of that standard.’’.
SEC. 12. SUBSTANTIAL PRODUCT HAZARD REPORTING RE-
QUIREMENT.
Section 15(b) (15 U.S.C. 2064(b)) is amended—
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(1) by striking ‘‘consumer product distributed in
commerce,’’ and inserting ‘‘consumer product (or
other product or substance over which the Commission
has jurisdiction under this or any other Act, except
for motor vehicle equipment as defined in section
30102(a)(7) of title 49, United States Code) distrib-
uted in commerce,’’;
(2) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(3) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) fails to comply with any rule or standard
promulgated by the Commission under this or any
other Act;’’.
SEC. 13. CORRECTIVE ACTION PLANS.
Section 15(d) (15 U.S.C. 2064(d)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’;
(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 ‘‘whichever of the following ac-
tions the person to whom the order is directed elects:’’
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‘‘(B) is subject to an order issued under section
12 or 15 of the Consumer Product Safety Act or des-
ignated as a banned hazardous substance under the
Federal Hazardous Substances Act (15 U.S.C. 1261 et
seq.); or
‘‘(C) is subject to voluntary corrective action
taken by the manufacturer, in consultation with the
Commission, of which action the Commission has no-
tified the public and that would have been subject to
mandatory corrective action under this or another Act
enforced by the Commission if voluntary corrective
action had not been taken by the manufacturer.
‘‘(2) The Commmission may permit the exportation of
a fabric, related material, or product described in para-
graph (1) if it meets applicable safety standards of the
country to which it is being exported.’’.
(c) FALSE CERTIFICATION
OF COMPLIANCE WITH
TESTING
LABORATORY
STANDARD.—Section 19(a) (15
U.S.C. 2068(a)), as amended by subsection (b)(2) of this
section, is further amended—
(1) by striking ‘‘or’’ after the semicolon in para-
graph (11);
(2) by striking ‘‘18(c).’’ in paragraph (12) and
inserting ‘‘18(c); or’’; and
(3) by adding at the end thereof the following:
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‘‘(13) sell, offer for sale, distribute in commerce,
or import into the United States any consumer prod-
uct 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.’’.
(d) MISREPRESENTATION OF INFORMATION IN INVES-
TIGATION.—Section 19(a) (15 U.S.C. 2068(a)), as amended
by subsection (c) of this section, is further amended—
(1) by striking ‘‘or’’ after the semicolon in para-
graph (12);
(2) by striking ‘‘false.’’ in paragraph (13) and
inserting ‘‘false; or’’; and
(3) by adding at the end thereof the following:
‘‘(14) misrepresent to any officer or employee of
the Commission the scope of consumer products sub-
ject to an action required under section 12 or 15, or
to make a material misrepresentation to such an offi-
cer or employee in the course of an investigation
under this Act or any other Act enforced by the Com-
mission.’’.
(e) CERTIFICATES OF COMPLIANCE WITH MANDATORY
STANDARDS.—Section 19(a)(6) (15 U.S.C. 2068(a)(6)) is
amended to read as follows:
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‘‘(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 exer-
cise 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 rule under section 14(c);’’.
(f) UNDUE INFLUENCE ON THIRD PARTY LABORA-
TORIES.—Section 19(a) (15 U.S.C. 2068(a)), as amended
by subsection (d) of this section, is further amended—
(1) by striking ‘‘or’’ after the semicolon in para-
graph (13);
(2) by striking ‘‘Commission.’’ in paragraph
(14) and inserting ‘‘Commission; or’’; and
(3) by adding at the end thereof the following:
‘‘(15) exercise, or attempt to exercise, undue in-
fluence on a third party laboratory (as defined in sec-
tion 14(e)(2)) with respect to the testing, or reporting
of the results of testing, of any product for compliance
with a standard under this Act or any other Act en-
forced by the Commission.’’.
SEC. 16. PENALTIES.
(a) CIVIL PENALTIES.—
(1) IN
GENERAL.—Section 20(a) (15 U.S.C.
2069(a)) is amended—
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(A) by striking ‘‘$5,000’’ and inserting
‘‘$250,000’’;
(B) by striking ‘‘$1,250,000’’ each place it
appears and inserting ‘‘$20,000,000’’; and
(C) by striking ‘‘December 1, 1994,’’ in
paragraph (3)(B) and inserting ‘‘December 1,
2011,’’.
(2) FEDERAL HAZARDOUS SUBSTANCES ACT.—
Section 5(c) of the Federal Hazardous Substances Act
(15 U.S.C. 1264(c)) is amended—
(A) by striking ‘‘$5,000’’ in paragraph (1)
and inserting ‘‘$250,000’’;
(B) by striking ‘‘$1,250,000’’ each place it
appears 
in 
paragraph 
(1) 
and 
inserting
‘‘$20,000,000’’; and
(C) by striking ‘‘December 1, 1994,’’ in
paragraph (6)(B) and inserting ‘‘December 1,
2011,’’.
(3) FLAMMABLE FABRICS ACT.—Section 5(e) of
the Flammable Fabrics Act (15 U.S.C. 1194(e)) is
amended—
(A) by striking ‘‘$5,000’’ in paragraph (1)
and inserting ‘‘$250,000’’;
(B) by striking ‘‘$1,250,000’’ in paragraph
(1) and inserting ‘‘$20,000,000’’; and
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(C) by striking ‘‘December 1, 1994,’’ in
paragraph (5)(B) and inserting ‘‘December 1,
2011,’’.
(4) MAXIMUM
PENALTY
FOR
CERTAIN
VIOLA-
TIONS.—Section 20(a)(1) (15 U.S.C. 2069(a)), section
5(c)(1) of the Federal Hazardous Substances Act (15
U.S.C. 1264(c)), and section 5(e)(1) of the Flammable
Fabrics Act (15 U.S.C. 1194(e)) are each amended by
inserting ‘‘The Commission shall impose civil pen-
alties exceeding $10,000,000 under this paragraph
only when issuing a finding of aggravated cir-
cumstances.’’ after ‘‘violations.’’.
(b) 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.—Sec-
tion 21(b) (15 U.S.C. 2070(b)) is amended by striking
‘‘19, and who has knowledge of notice of noncompli-
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ance received by the corporation from the Commis-
sion,’’ and inserting ‘‘19’’.
(3) UNDER
THE
FEDERAL
HAZARDOUS
SUB-
STANCES
ACT.—Section 5(a) of the Federal Haz-
ardous Substances Act (15 U.S.C. 1264(a)) is amend-
ed by striking ‘‘one year, or a fine of not more than
$3,000, or both such imprisonment and fine.’’ and in-
serting ‘‘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 punish-
able 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.’’.
(c) CIVIL PENALTY CRITERIA.—Within 1 year after
the date of enactment of this Act, the Consumer Product
Safety Commission shall initiate a rulemaking in accord-
ance with section 553 of title 5, United States Code, to es-
tablish additional criteria for the imposition of civil pen-
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SEC. 17. PREEMPTION.
The provisions of sections 25 and 26 of the Consumer
Product Safety Act (15 U.S.C. 2074 and 2075, respec-
tively)), 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 regula-
tion thereunder, or by reference in any preamble, statement
of policy, executive branch statements, or other matter asso-
ciated with the publication of any such rule or regulation.
SEC. 18. SHARING OF INFORMATION WITH FEDERAL, STATE,
LOCAL, AND FOREIGN GOVERNMENT AGEN-
CIES.
Section 29 (15 U.S.C. 2078) is amended by adding
at the end thereof 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 such
agency, either by a prior agreement or memorandum of un-
derstanding with the Commission or by other written cer-
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tification, 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 proceedings
related to, possible violations of—
‘‘(i) laws regulating the manufacture, im-
portation, distribution, or sale of defective or un-
safe consumer products, or other practices sub-
stantially 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 for-
eign criminal laws are offenses defined in or cov-
ered by a criminal mutual legal assistance treaty
in force between the government of the United
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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 inter-
national terrorism, unless and until such determina-
tion is rescinded pursuant to section 6(j)(4) of that
Act (50 U.S.C. App. 2405(j)(4)).
‘‘(2) Except as provided in paragraph (3) of this sub-
section, 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 gov-
ernment agency, if the foreign government agency has
requested confidential treatment, or has precluded
such disclosure under other use limitations, as a con-
dition of providing the material;
‘‘(B) any material reflecting a consumer com-
plaint obtained from any other foreign source, if the
foreign source supplying the material has requested
confidential treatment as a condition of providing the
material; or
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‘‘(C) any material reflecting a consumer com-
plaint submitted to a Commission reporting mecha-
nism sponsored in part by foreign government agen-
cies.
‘‘(3) Nothing in this subsection shall authorize the
Commission to withhold information from the Congress or
prevent the Commission from complying with an order of
a court of the United States in an action commenced by
the United States or the Commission.
‘‘(4) The Commission may terminate a memorandum
of understanding or other agreement with another agency
if it determines that the other agency has not handled infor-
mation made available by the Commission under para-
graph (1) or has failed to maintain confidentiality with
respect to the information.
‘‘(5) In this subsection, the term ‘foreign government
agency’ means—
‘‘(A) any agency or judicial authority of a for-
eign government, including a foreign state, a political
subdivision of a foreign state, or a multinational or-
ganization constituted by and comprised of foreign
states, that is vested with law enforcement or inves-
tigative authority in civil, criminal, or administra-
tive matters; and
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‘‘(B) any multinational organization, to the ex-
tent that it is acting on behalf of an entity described
in subparagraph (A).’’.
SEC. 19. FINANCIAL RESPONSIBILITY.
(a) IN GENERAL.—The Act (15 U.S.C. 2051 et seq.)
is amended by adding at the end thereof the following:
‘‘FINANCIAL RESPONSIBILITY
‘‘SEC. 39. (a) The Commission, in a rulemaking pro-
ceeding, may establish procedures to require the posting of
an escrow, proof of insurance, or security acceptable to the
Commission by—
‘‘(1) a person that has committed multiple sig-
nificant violations of this Act or any rule or Act en-
forced by the Commission;
‘‘(2) the manufacturer or distributor of a cat-
egory or class of consumer products; or
‘‘(3) the manufacturer or distributor of any con-
sumer product or any product or substance regulated
under any other Act enforced by the Commission.
‘‘(b) AMOUNT.—The escrow, proof of insurance, or se-
curity required by the Commission under subsection (a)
shall be in an amount sufficient—
‘‘(1) to cover the costs of an effective recall of the
product or substance; or
‘‘(2) to cover the costs of holding the product and
the destruction of the product should such action be
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required by the Commission under this Act or any
other act enforced by the Commission.’’.
(b) CONFORMING AMENDMENTS.—
(1) The table of contents is amended by striking
the item relating to section 10 and inserting the fol-
lowing:
‘‘Sec. 10. [Repealed].’’.
(2) The table of contents is amended by inserting
after the item relating to section 34 the following:
‘‘Sec. 35. Interim cellulose insulation safety standard.
‘‘Sec. 36. Congressional veto of consumer product safety rules.
‘‘Sec. 37. Information reporting.
‘‘Sec. 38. Low-speed electric bicycles.
‘‘Sec. 39. Financial responsibility.’’.
SEC. 20. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
(a) IN GENERAL.—The Act (15 U.S.C. 2051 et seq.)
is amended by inserting after section 26 the following:
‘‘ENFORCEMENT BY STATE ATTORNEYS GENERAL
‘‘SEC. 26A. (a) Except as provided in subsection (f),
whenever the attorney general of a State has reason to be-
lieve that the interests of the residents of that State have
been, or are being, threatened or adversely affected by a vio-
lation of any consumer product safety rule, regulation,
standard, certification or labeling requirement, or order
prescribed under this Act or any other Act enforced by the
Commission (including the sale of a voluntarily or
mandatorily recalled product or of a banned hazardous sub-
stance or product), the State, as parens patriae, may bring
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in the appropriate district court of the United States with
jurisdiction, which shall have jurisdiction over such an ac-
tion 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 speci-
fied 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 sta-
tus that the employee would have had, but for the dis-
charge or discrimination;
‘‘(B) the amount of back pay, with interest; and
‘‘(C) compensation for any special damages sus-
tained as a result of the discharge or discrimination,
including litigation costs, expert witness fees, and
reasonable attorney fees.
‘‘(5)(A) Any person adversely affected or aggrieved by
a final 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. The
petition for review must be filed not later than 60 days
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after the date of the issuance of the final order of the Sec-
retary. 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 Colum-
bia, 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 compli-
ance with such order. The appropriate United States dis-
trict court shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the parties, to
enforce such order.
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‘‘(B) The court, in issuing any final order under this
paragraph, may award costs of litigation (including rea-
sonable attorneys’ and expert witness fees) to any party
whenever the court determines such award is appropriate.
‘‘(8) Notwithstanding paragraphs (1) through (7), a
Federal employee shall be limited to the remedies available
under chapters 12 and 23 of title 5, United States Code,
for any violation of this section.
‘‘(c) Any nondiscretionary duty imposed by this sec-
tion 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 manufac-
turer, private labeler, distributor, or retailer (or such per-
son’s agent), deliberately causes a violation of any require-
ment 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 Commis-
sion.’’.
(b) CONFORMING AMENDMENT.—The table of contents,
as amended by section 19 of this Act, is further amended
by inserting after the item relating to section 39 the fol-
lowing:
‘‘Sec. 40. Whistleblower protection.’’.
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SEC. 22. BAN ON CHILDREN’S PRODUCTS CONTAINING
LEAD; LEAD PAINT RULE.
(a) IN GENERAL.—Beginning on the date that is 1
year after the date of enactment of this Act, any children’s
product (as defined in section 14(e) of the Consumer Prod-
uct Safety Act (15 U.S.C. 2063(e))) that contains lead shall
be treated as a banned hazardous substance under the Fed-
eral Hazardous Substances Act (15 U.S.C. 1261 et seq.).
(b) TRACE AMOUNTS OF LEAD.—
(1) INITIAL STANDARD.—For purposes of sub-
section (a), a children’s product shall be considered to
contain lead if any part of the product contains lead
or lead compounds and the lead content of such part
(calculated as lead metal) is greater than 0.03 percent
by weight of the total weight of such part (or such
lesser amount as may be established by the Commis-
sion by regulation).
(2) REDUCED THRESHOLD.—
(A) IN GENERAL.—Beginning on the date
that is 3 years after the date of enactment of this
Act, paragraph (1) shall be applied by sub-
stituting ‘‘0.01 percent’’ for ‘‘0.03 percent’’ un-
less the Consumer Product Safety Commission
determines that a standard of 0.01 percent is not
technologically feasible. The Commission may
make such a determination only after notice and
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a hearing and after analyzing the public health
protections associated with substantially reduc-
ing lead in children’s products.
(B) 
ALTERNATIVE
REDUCTION.—If 
the
Commission determines under subparagraph (A)
that the 0.01 percent standard is not techno-
logically feasible, the Commission shall, by regu-
lation, establish a lesser amount that is the low-
est amount of lead, lower than 0.03 percent by
weight, the Commission determines to be techno-
logically feasible to achieve. The amount of lead
established by the Commission under the pre-
ceding sentence shall be substituted for the 0.03
percent standard under paragraph (1) beginning
on the date that is 3 years after the date of en-
actment of this Act.
(c) EXCEPTIONS.—
(1) INACCESSIBLE COMPONENTS.—
(A) IN GENERAL.—Subsection (a) does not
apply to a component of a children’s product
that is not accessible to a child because it is not
physically exposed by reason of a sealed covering
or casing and will not become physically exposed
through normal and reasonably foreseeable use
and abuse of the product.
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(B) INACCESSIBILITY PROCEEDING.—With-
in 2 years after the date of enactment of this Act,
the Commission shall promulgate a rule pro-
viding guidance with respect to what product
components, or classes of components, will be
considered to be inaccessible for purposes of sub-
paragraph (A).
(C) APPLICATION
PENDING
CPSC
GUID-
ANCE.—Until the Commission promulgates a
rule pursuant to subparagraph (B), the deter-
mination of whether a product component is in-
accessible to a child shall be made in accordance
with the requirements of subparagraph (A) for
considering a component to be inaccessible to a
child.
(D) CERTAIN
BARRIERS
DISQUALIFIED.—
For purposes of this paragraph, paint, coatings,
or electroplating may not be considered to be a
barrier that would render lead in the substrate
inaccessible to a child through normal and rea-
sonably foreseeable use and abuse of the product.
(2) ELECTRONICS.—If the Commission deter-
mines that it is not feasible for certain electronic de-
vices, including batteries, to comply with subsection
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(a) at the time the regulations take effect, the Com-
mission shall, by regulation—
(A) issue standards to reduce the exposure
of and accessibility to lead in such electronic de-
vices; and
(B) establish a schedule by which such elec-
tronic devices shall be in full compliance with
the regulations prescribed under subsection (a).
(3) LEAD CRYSTAL.—The Commission may by
rule provide that subsection (a) does not apply to lead
crystal if the Commission determines, after notice and
a hearing, that the lead content in lead crystal will
neither—
(A) result in the absorption of lead into the
human body; nor
(B) have an adverse impact on public
health and safety.
(d) REGULATIONS.—Notwithstanding the provisions of
subsection (b), the Commission may by regulation establish
such lower thresholds for lead content in children’s products
than those set forth in subsection (b) as the Commission
finds to be technologically feasible.
(e) PAINT STANDARD FOR ALL PRODUCTS.—Effective
on the date that is 1 year after the date of enactment of
this Act, the Consumer Product Safety Commission shall
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modify section 1303.1 of its regulations (16 C.F.R. 1303.1)
by substituting ‘‘0.009 percent’’ for ‘‘0.06 percent’’ in sub-
section (a) of that section.
(f) APPLICATION WITH ASTM F963.—To the extent
that any standard or rule promulgated by the Consumer
Product Safety Commission under this section (or any sec-
tion 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 promulgated standard or rule shall supersede the
ASTM F963 standard to the extent of the inconsistency.
SEC. 23. ALTERNATIVE MEASURES OF LEAD CONTENT.
The Consumer Product Safety Commission, in co-
operation with the National Academy of Sciences and the
National Institute of Standards and Technology, shall
study the feasibility of establishing a measurement stand-
ard based on a units-of-mass-per-area standard (similar to
existing measurement standards used by the Department of
Housing and Urban Development and the Environmental
Protection Agency to measure for metals in household paint
and soil, respectively) that is statistically comparable to the
parts-per-million measurement standard currently used in
laboratory analysis.
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SEC. 24. STUDY OF PREVENTABLE INJURIES AND DEATHS
OF MINORITY CHILDREN RELATED TO CER-
TAIN CONSUMER PRODUCTS.
(a) IN GENERAL.—Within 90 days after the date of
enactment of this Act, the Government Accountability Office
shall initiate a study to assess disparities in the risks and
incidence of preventable injuries and deaths among children
of minority populations, including Black, Hispanic, Amer-
ican Indian, Alaskan Native, Native Hawaiian, and Asian/
Pacific Islander children in the United States.
(b) REQUIREMENTS.—The study shall examine the ra-
cial disparities of the rates of preventable injuries and
deaths related to suffocation, poisonings, and drowning in-
cluding 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 Senate Commerce, Science, and Trans-
portation Committee and the House of Representatives En-
ergy and Commerce Committee. The report shall include—
(1) the Government Accountability Office’s find-
ings on the incidence of preventable risks of injury
and death among children of minority populations
and recommendations for minimizing such increased
risks;
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(2) recommendations for public outreach, aware-
ness, and prevention campaigns specifically aimed at
racial minority populations; and
(3) recommendations for education initiatives
that may reduce current statistical disparities.
SEC. 25. COST-BENEFIT ANALYSIS UNDER THE POISON PRE-
VENTION 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 Secretary, 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. 26. INSPECTOR GENERAL REPORTS.
(a) IMPLEMENTATION BY THE COMMISSION.—
(1) IN GENERAL.—The Inspector General of the
Consumer Product Safety Commission shall conduct
reviews and audits of implementation of the Con-
sumer Product Safety Act by the Commission,
including—
(A) an assessment of the ability of the Com-
mission to enforce subsections (a)(2) and (d) of
section 14 of the Act (15 U.S.C. 2063), as
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amended by section 10 of this Act, including the
ability of the Commission to enforce the prohibi-
tion on imports of children’s products without
third party testing certification under section
17(a)(6) of the Act (15 U.S.C. 2066)(a)(6), as
added by section 10 of this Act;
(B) an assessment of the ability of the Com-
mission to enforce section 14(a)(6) of the Act (15
U.S.C. 2063(a)(6)), as added by section 11 of
this Act, and section 16(c) of the Act, as added
by section 14 of this Act; and(C) an audit of the
Commission’s capital improvement efforts, in-
cluding construction of a new testing facility.
(2) ANNUAL
REPORT.—The Inspector General
shall submit an annual report, setting forth the In-
spector General’s findings, conclusions, and rec-
ommendations from the reviews and audits under
paragraph (1), for each of fiscal years 2009 through
2015 to the Commission, the Senate Committee on
Commerce, Science, and Transportation, and the
House of Representatives Committee on Energy and
Commerce.
(b) EMPLOYEE COMPLAINTS.—
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(1) IN GENERAL.—Within 1 year after the date
of enactment of this Act, the Inspector General shall
conduct a review of—
(A) complaints received by the Inspector
General from employees of the Commission about
failures of other employees to properly enforce
the rules or regulations of the Consumer Product
Safety Act or any other Act enforced by the Com-
mission, including the negotiation of corrective
action plans in the recall process; and
(B) the process by which corrective action
plans are negotiated by the Commission, includ-
ing an assessment of the length of time for these
negotiations and the effectiveness of the plans.
(2) REPORT.—The Inspector General shall sub-
mit a report, setting forth the Inspector General’s
findings, conclusions, and recommendations, to the
Commission, the Senate Committee on Commerce,
Science, and Transportation, and the House of Rep-
resentatives Committee on Energy and Commerce.
(c) LEAKS.—
(1) IN GENERAL.—Within 1 year after the date
of enactment of this Act, the Inspector General
shall—
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(1) a direct link on the homepage of its Internet
website to the Internet website of the Commission’s
Office of Inspector General; and
(2) a mechanism on the homepage of the Office
of Inspector General’s Internet website by which indi-
viduals may anonymously report cases of waste,
fraud, or abuse with respect to the Commission.
SEC. 28. CHILD-RESISTANT PORTABLE GASOLINE CON-
TAINERS.
(a) CONSUMER PRODUCT SAFETY RULE.—
(1) ESTABLISHMENT.—There is established, as a
consumer product safety rule promulgated by the
Commission in accordance with section 9 of the Con-
sumer Product Safety Act (15 U.S.C. 2058), a re-
quirement that each portable gasoline container for
sale in the United States shall conform to the child-
resistance requirements for closures on portable gaso-
line containers specified in the standard ASTM
F2517–05, issued by ASTM International.
(b) REVISION OF RULE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), if, after the date of the enactment of this
Act, ASTM International proposes to revise the child
resistance requirements of ASTM F2517–05—
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(A) ASTM International shall notify the
Commission of the proposed revision; and
(B) the proposed revision shall be incor-
porated in the consumer product safety rule es-
tablished by subsection (a).
(2) EXCEPTION.—If, not later than 60 days after
the date of the notice described in paragraph (1)(A),
the Commission notifies ASTM International that the
Commission has determined that such revision is in-
consistent with subsection (a), the requirement of
paragraph (1)(B) shall not apply.
(c) IMPLEMENTING REGULATIONS.—With respect to
the promulgation of any regulations by the Commission to
implement the requirements of this section—
(1) section 553 of title 5, United States Code,
shall apply; and
(2) sections 7 and 9 of the Consumer Product
Safety Act (15 U.S.C. 2056 and 2058) shall not
apply.
(d) REPORT.—Not later than 2 years after the date
of enactment of this Act, the Commission shall submit to
the Senate Committee on Commerce, Science, and Trans-
portation and the House of Representatives Committee on
Energy and Commerce a report on—
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(1) the degree of industry compliance with the
consumer product safety rule established by subsection
(a);
(2) any enforcement actions brought by the Com-
mission to enforce such rule; and
(3) incidents involving children interacting with
portable gasoline containers (including both those that
are and are not in compliance with the rule estab-
lished by subsection (a)).
(e) DEFINITIONS.—In this section:
(1) 
COMMISSION.—The 
term 
‘‘Commission’’
means the Consumer Product Safety Commission.
(2) PORTABLE GASOLINE CONTAINER.—The term
‘‘portable gasoline container’’ means any portable
gasoline container intended for use by consumers.
(f) EFFECTIVE DATE.—The rule established by sub-
section (a) shall apply to portable gasoline containers man-
ufactured on or after the date that is 6 months after the
date of enactment of this Act.
SEC. 29. TOY SAFETY STANDARD.
(a) IN GENERAL.—Beginning 60 days after the date
of enactment of this Act, ASTM International Standard
F963–07, Consumer Safety Specifications for Toy Safety,
as it exists on the date of enactment of this Act shall be
considered to be a consumer product safety rule issued by
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the Consumer Product Safety Commission under section 9
of the Consumer Product Safety Act (15 U.S.C. 2058).
(b) REVISIONS.—If more than 60 days after the date
of enactment of this Act, ASTM International proposes to
revise Standard F963–07, Consumer Safety Specifications
for Toy Safety, or a successor standard, it shall notify the
Commission of the proposed revision and the proposed revi-
sion shall be incorporated in the consumer product safety
rule. The revised standard shall be considered to be a con-
sumer product safety rule issued by the Consumer Product
Safety Commission under section 9 of the Consumer Prod-
uct Safety Act (15 U.S.C. 2058), effective 30 days after the
date on which ASTM International notifies the Commission
of the revision unless, within 60 days after receiving that
notice, the Commission notifies ASTM International that
it has determined that the proposed revision does not im-
prove the safety of the consumer product covered by the
standard. If the Commission so notifies ASTM Inter-
national 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 pro-
posed revision.
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SEC. 30. ALL-TERRAIN VEHICLE SAFETY STANDARD.
(a) IN GENERAL.—The Act (15 U.S.C. 2051 et seq.),
as amended by section 21 of this Act, is further amended
by adding at the end thereof the following:
‘‘ALL-TERRAIN VEHICLE SAFETY STANDARD
‘‘SEC. 41. (a) IN GENERAL.—
‘‘(1) MANDATORY
STANDARD.—Notwithstanding
any other provision of law, within 90 days after the
date of enactment of the CPSC Reform Act the Com-
mission shall publish in the Federal Register as a
mandatory consumer product safety standard the
American National Standard for Four Wheel All-Ter-
rain Vehicles Equipment Configuration, and Perform-
ance Requirements developed by the Specialty Vehicle
Institute of America (American National Standard
ANSI/SVIA–1–2007). The standard shall take effect
150 days after it is published.
‘‘(2) COMPLIANCE WITH STANDARD.—After the
standard takes effect, it shall be unlawful for any
manufacturer or distributor to import into or dis-
tribute in commerce in the United States any new as-
sembled or unassembled all-terrain vehicle unless—
‘‘(A) the vehicle complies with each applica-
ble provision of the standard;
‘‘(B) the vehicle is subject to an ATV action
plan filed with the Commission before the date of
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enactment of the CPSC Reform Act, or subse-
quently filed with and approved by the Commis-
sion, and bears a label certifying such compli-
ance 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
rule under this Act and subject to all of the penalties
and remedies available under this Act.
‘‘(4) COMPLIANT MODELS WITH ADDITIONAL FEA-
TURES.—Paragraph (2) shall not be construed to pro-
hibit the distribution in interstate 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 require-
ments. Any such characteristics or components shall
be subject to the requirements of section 15 of this Act.
‘‘(b) MODIFICATION OF ALL-TERRAIN VEHICLE SAFE-
TY STANDARD.—
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amend the product safety standard for all-terrain ve-
hicles to include any additional provision that the
Commission determines is reasonably necessary to re-
duce an unreasonable risk of injury associated with
the performance of all-terrain vehicles.
‘‘(4) CERTAIN PROVISIONS NOT APPLICABLE.—
Sections 7, 9, 11, and 30(d) of this Act shall not
apply to promulgation of any amendment of the
product safety standard under paragraph (2). Judi-
cial 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
rule applicable to 3-wheeled all-terrain vehicles promul-
gated 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 Commission shall issue a
final rule in its proceeding entitled ‘Standards for All
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Terrain Vehicles and Ban of Three-wheeled All Ter-
rain Vehicles’.
‘‘(2) CATEGORIES OF YOUTH ATVS.—In the final
rule, the Commission may provide for a multiple fac-
tor method of categorization that, at a minimum,
takes into account—
‘‘(A) the weight of the vehicle;
‘‘(B) the maximum speed of the vehicle;
‘‘(C) the velocity at which a vehicle of a
given weight is traveling at the maximum speed
of the vehicle;
‘‘(D) the age of children for whose operation
the vehicle is designed or who may reasonably be
expected to operate the vehicle; and
‘‘(E) the average weight of children for
whose operation the vehicle is designed or who
may reasonably be expected to operate the vehi-
cle.
‘‘(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 de-
signed to travel on 3 or 4 wheels, having a seat
designed to be straddled by the operator and
handlebars for steering control; but
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‘‘(B) does not include a prototype of a mo-
torized, off-highway, all-terrain vehicle or other
motorized, off-highway, all-terrain vehicle that is
intended exclusively for research and develop-
ment 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 vehicles, the monitoring of such sales,
and other safety related measures, and that is sub-
stantially 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 con-
duct a study of the utility, recreational, and other benefits
of all-terrain vehicles to which section 38 of the Consumer
Product Safety Act (15 U.S.C. 2085) applies, and the costs
associated with all-terrain vehicle-related accidents and in-
juries.
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(c) CONFORMING AMENDMENT.—The table of contents,
as amended by section 21 of this Act, is further amended
by inserting after the item relating to section 40 the fol-
lowing:
‘‘Sec. 41. All-terrain vehicle safety standard.’’.
(d) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect 90 days after the date of enact-
ment of this Act.
SEC. 31. GARAGE DOOR OPENER STANDARD.
(a) IN GENERAL.—Notwithstanding section 203(b) of
the Consumer Product Safety Improvement Act of 1990 (15
U.S.C. 2056 note) or any amendment by the American Na-
tional Standards Institute and Underwriters Laboratories,
Inc. of its Standards for Safety-UL 325, all automatic resi-
dential garage door operators that directly drive the door
in the closing direction that are manufactured more than
6 months after the date of enactment of this Act shall in-
clude an external secondary entrapment protection device
that does not require contact with a person or object for
the garage door to reverse.
(b) EXCEPTION.—Except as provided in subsection (c),
subsection (a) does not apply to the manufacture of an auto-
matic residential garage door operator without a secondary
external entrapment protection device that does not require
contact by a company that manufactured such an operator
before the date of enactment of this Act if Underwriters Lab-
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oratory, Inc., certified that automatic residential garage
door operator as meeting its Standards for Safety-UL 325
before the date of enactment of this Act.
(c) REVIEW AND REVISION.—
(1) IN GENERAL.—Within 1 year after the date
of enactment of this Act, the Consumer Product Safe-
ty Commission shall review, and if necessary revise,
its automatic residential garage door operator safety
standard, including the requirement established by
subsection (a), to ensure that the standard provides
maximum protection for public health and safety.
(2) REVISED
STANDARD.—The exception pro-
vided by subsection (b) shall not apply to automatic
residential garage door operators manufactured after
the effective date of any such revised standard if that
standard adopts the requirement established by sub-
section (a).
SEC. 32. REDUCING DEATHS AND INJURIES FROM CARBON
MONOXIDE POISONING.
(a) IN GENERAL.—The Consumer Product Safety
Commission shall issue a final rule in its proceeding enti-
tled ‘‘Portable Generators’’ for which the Commission issued
an advance notice of proposed rulemaking on December 12,
2006 (71 Fed. Reg. 74472), no later than 18 months after
the date of enactment of this Act.
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(b) REPORT.—Not later than 120 days after the date
of enactment of this Act, the Consumer Product Safety Com-
mission shall submit a report to the Senate Committee on
Commerce, Science, and Transportation that—
(1) reviews the effectiveness of its labeling re-
quirements 
for 
charcoal 
briquettes 
(16 
C.F.R.
1500.14(b)(6)) during the windstorm that struck the
Pacific Northwest beginning on December 14, 2006;
(2) identifies any specific challenges faced by
non-English speaking populations with use of the cur-
rent standards; and
(3) contains recommendations for improving the
labels on charcoal briquettes.
SEC. 33. COMPLETION OF CIGARETTE LIGHTER RULE-
MAKING.
The Consumer Product Safety Commission shall issue
a final rule mandating general safety standards for ciga-
rette lighters in its proceedings entitled ‘‘Safety Standard
for Cigarette Lighters’’ for which the Commission issued an
advance notice of proposed rulemaking on April 11, 2005
(68 Fed. Reg. 11339) no later than 24 months after the date
of enactment of this Act.
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SEC. 34. CONSUMER PRODUCT REGISTRATION FORMS AND
STANDARDS FOR DURABLE INFANT OR TOD-
DLER 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 manufactur-
ers, and independent child product engineers and
experts, examine and assess the effectiveness of
any voluntary consumer product safety stand-
ards for durable infant or toddler product; and
(B) in accordance with section 553 of title
5, United States Code, promulgate consumer
product safety rules that—
(i) are substantially the same as such
voluntary standards; or
(ii) are more stringent than such vol-
untary standards, if the Commission deter-
mines that more stringent standards would
further reduce the risk of injury associated
with such products.
(c) REQUIREMENTS FOR CRIBS.—
(1) MANUFACTURE, SALE, RESALE AND LEASE
OF CRIBS.—It shall be unlawful for any commercial
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user to manufacture, sell, contract to sell or resell,
lease, sublet, offer or provide for use or otherwise
place in the stream of commerce any new or used full-
size or non-full size crib, including a portable crib
and a crib-pen, that is not in compliance with the
mandatory rule promulgated in section (b)(1) and
(b)(2).
(2) Commercial users include but are not limited
to hotel, motel or similar transient lodging facilities
and day care centers.
(3) DEFINITION OF COMMERCIAL USER.—
(A) IN GENERAL.—In this subsection, the
term ‘‘commercial user’’ means—
(i) any person that manufactures, sells,
or contracts to sell full-size cribs or non-full-
size cribs; or
(ii) any person that deals in full-size
or non-full-size cribs that are not new or
that otherwise, based on the person’s occu-
pation, holds oneself out as having knowl-
edge or skill peculiar to full-size cribs or
non-full-size cribs, including child care fa-
cilities and family child care homes; or
(iii) is in the business of contracting to
sell or resell, lease, sublet, or otherwise plac-
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ing in the stream of commerce full-size cribs
or non-full-size cribs that are not new.
(4) TIMETABLE
FOR
RULEMAKING.—Not later
than 1 year after the date of the enactment of this
Act, the Commission shall commence the rulemaking
required under paragraph (1) and shall promulgate
rules for no fewer than 2 categories of durable infant
or toddler products every 6 months thereafter, begin-
ning with the product categories that the Commission
determines to be of highest priority, until the Com-
mission has promulgated standards for all such prod-
uct categories. Thereafter, the Commission shall peri-
odically review and revise the rules set forth under
this subsection to ensure that such rules provide the
highest level of safety for such products that is fea-
sible.
(d) CONSUMER PRODUCT REGISTRATION FORMS.—
(1) IN GENERAL.—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 final consumer product safety
rules that require manufacturers of durable infant or
toddler products—
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(A) in accordance with paragraph (2), to
provide consumers with postage-paid consumer
registration forms with each such product;
(B) in accordance with paragraph (5), 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 manufacturer in order to im-
prove the effectiveness of manufacturer cam-
paigns to recall such products; and
(C) to place permanently 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
FORMS.—
(A) IN GENERAL.—The registration forms
required by paragraph (1)(A) shall provide space
sufficiently large to permit easy, legible record-
ing of the information specified in subparagraph
(B)(i).
(B) ELEMENTS.—Such forms shall include
the following:
(i) Spaces for a consumer to provide
the following:
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(I) The consumer’s name.
(II) The consumer’s postal ad-
dress.
(III) The consumer’s telephone
number.
(IV) The consumer’s e-mail ad-
dress.
(ii) The manufacturer’s name.
(iii) The model name and number for
the product.
(iv) The date of manufacture of the
product.
(v) A message that—
(I) explains the purpose of the
registration; and
(II) is designed to encourage con-
sumers to complete the registration.
(vi) A statement that information pro-
vided by the consumer shall not be used for
any purpose other than to facilitate a recall
of or safety alert regarding that product.
(vii) A message that explains the op-
tion to register via the Internet, as required
by paragraph (4).
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(ii) to use such information to notify
such consumers in the event of a voluntary
or involuntary recall of, or safety alert re-
garding, such product.
(B) PERIOD OF MAINTENANCE.—Such rules
shall require such manufacturers of durable in-
fant or toddler products to maintain the records
described in subparagraph (A)(i) for a period of
not less than 6 years after the date of manufac-
ture of the product concerned.
(C) LIMITATION ON USE OF INFORMATION
COLLECTED.—The 
rules 
promulgated 
under
paragraph (1) shall prohibit manufacturers from
using or disseminating to any other party the
information collected by the manufacturer under
this subsection for any purpose other than notifi-
cation to the consumer concerned in the event of
a product recall or safety alert regarding the
product concerned.
(D) RESERVATION.—Nothing in this section
requires a manufacturer to collect, retain, or use
any information unless it is provided by the con-
sumer.
(e) REPORT AND STUDY.—Not later than 4 years after
the date of enactment of this Act, the Commission shall—
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(1) conduct a study on the effectiveness of the
rules promulgated under subsection (a) in facilitating
product recalls; and
(2) submit to Congress a report on the findings
of the Commission with respect to the study required
by paragraph (1).
(f) USE
OF ALTERNATIVE RECALL NOTIFICATION
TECHNOLOGY.—
(1) IN GENERAL.—If the Commission determines
that a recall notification technology can be used by a
manufacturer of durable infant or toddler products
and such technology is as effective or more effective in
facilitating recalls of durable infant or toddler prod-
ucts as the registration forms required by subsection
(a)—
(A) the Commission shall submit to the
Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on En-
ergy and Commerce of the House of Representa-
tives a report on such determination; and
(B) a manufacturer of durable infant or
toddler products that uses such technology in lieu
of such registration forms to facilitate recalls of
durable infant or toddler products shall be con-
sidered in compliance with the regulations pro-
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mulgated under such subsection with respect to
subparagraphs (A) and (B) of paragraph (1) of
such subsection.
(2) STUDY AND REPORT.—Not later than 1 year
after the date of the enactment of this Act and peri-
odically thereafter as the Commission considers ap-
propriate, the Commission shall—
(A) for a period of not less than 6 months
and not more than 1 year—
(i) conduct a review of recall notifica-
tion technology; and
(ii) assess, through testing and empir-
ical study, the effectiveness of such tech-
nology in facilitating recalls of durable in-
fant or toddler products; and
(B) submit to the committees described in
paragraph (1)(A) a report on the review and as-
sessment required by subparagraph (A).
(3) REGULATIONS.—The Commission shall pre-
scribe regulations to carry out this subsection.
(g) DEFINITIONS.—In this section:
(1) 
COMMISSION.—The 
term 
‘‘Commission’’
means the Consumer Product Safety Commission.
(2) DURABLE INFANT OR TODDLER PRODUCT.—
The term ‘‘durable infant or toddler product’’ means
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a durable product intended for use by, or that may
be reasonably expected to be used by, children younger
than the age of 5 years, including the following:
(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.
(L) Bassinets and cradles.
SEC. 35. REPEAL.
Section 30 (15 U.S.C. 2079) is amended by striking
subsection (d) and redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.
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SEC. 36. CONSUMER PRODUCT SAFETY COMMISSION PRES-
ENCE AT NATIONAL TARGETING CENTER OF
U.S. CUSTOMS AND BORDER PROTECTION.
(a) IN GENERAL.—Except as provided in subsection
(c), not later than 6 months after the date of the enactment
of this Act, the Consumer Product Safety Commission shall
enter into a memorandum of understanding with the Sec-
retary of Homeland Security for the assignment by the
Commission of not less than 1 full-time equivalent per-
sonnel to work at the National Targeting Center of U.S.
Customs and Border Protection.
(b) 
RESPONSIBILITIES.—Any 
personnel 
assigned
under subsection (a) shall, in cooperation with other per-
sonnel working at the National Targeting Center, identify
products, before such products are imported into the cus-
toms territory of the United States, that—
(1) are intended for importation into such cus-
toms territory; and
(2) pose a high risk to consumer safety.
(c) WAIVER.—The Consumer Product Safety Commis-
sion may waive the requirement of subsection (a) if the
Commission determines that an assignment under sub-
section (a) would not improve the effectiveness of the Com-
mission in identifying products described in subsection (b)
before such products are imported into the customs territory
of the United States.
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SEC. 37. DEVELOPMENT OF RISK ASSESSMENT METHOD-
OLOGY TO IDENTIFY SHIPMENTS OF CON-
SUMER PRODUCTS THAT ARE LIKELY TO CON-
TAIN CONSUMER PRODUCTS IN VIOLATION
OF SAFETY STANDARDS.
(a) IN GENERAL.—Not later than 1 year after the date
of the enactment of this Act, the Consumer Product Safety
Commission shall develop a risk assessment methodology for
identification of shipments of consumer products that are—
(1) intended for import into the customs terri-
tory of the United States; and
(2) are likely to include consumer products that
would be refused admission into such customs terri-
tory under section 17(a) of the Consumer Product
Safety Act (15 U.S.C. 2066(a)).
(b) USE OF INTERNATIONAL TRADE DATA SYSTEM.—
The methodology developed under subsection (a) shall, as
far as practicable, use the International Trade Data System
(ITDS) established under section 411(d) of the Tariff Act
of 1930 (19 U.S.C. 1411) to evaluate and assess information
about shipments of consumer products intended for import
into the customs territory of the United States before such
shipments enter such customs territory.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be nec-
essary to carry out this section.
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SEC. 38. SEIZURE AND DESTRUCTION OF IMPORTED PROD-
UCTS IN VIOLATION OF CONSUMER PRODUCT
SAFETY STANDARDS.
(a) LIST OF PRODUCT DEFECTS THAT CONSTITUTE A
SUBSTANTIAL PRODUCT HAZARD.—
(1) IN GENERAL.—Not later than 6 months after
the date of the enactment of this Act, the Consumer
Product Safety Commission shall publish a list of
product defects that constitute a substantial product
hazard (as defined in section 15 of the Consumer
Product Safety Act (15 U.S.C. 2064)).
(2) UPDATES.—The Consumer Product Safety
Commission shall, as the Commission considers
appropriate—
(A) update the list required by paragraph
(1); and
(B) provide a copy of the updated list to the
Secretary of Homeland Security.
(b) DESTRUCTION
OF
NONCOMPLIANT
IMPORTED
PRODUCTS.—Section 17(e) (15 U.S.C. 2066(e)) is amended
to read as follows:
‘‘(e) PRODUCT
DESTRUCTION.—The Secretary of
Homeland Security shall ensure the destruction of any
product refused admission into the customs territory of the
United States under this section unless such product is ex-
ported, under regulations prescribed by the Secretary or the
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Commission, as appropriate, within 90 days of the date of
notice of such refusal or within such additional time as may
be permitted pursuant to such regulations.’’.
(c) INSPECTION AND RECORDKEEPING REQUIREMENTS
AS CONDITIONS
ON IMPORTATION.—Section 17(g) (15
U.S.C. 2066(g)) is amended by striking ‘‘Commission may’’
and inserting ‘‘Commission shall’’.
(d) PROVISION
OF INFORMATION
TO COOPERATING
AGENCIES.—Section 17(h)(2) (15 U.S.C. 2066(h)(2)) is
amended by striking ‘‘Commission may’’ and inserting
‘‘Commission shall’’.
(e) CONSTRUCTION.—Section 17 (15 U.S.C. 2066) is
amended by adding at the end the following:
‘‘(i) CONSTRUCTION.—Nothing in this section shall be
construed to prevent the Secretary of Homeland Security
from prohibiting entry or directing the destruction or ex-
port of a consumer product under any other provision of
law.’’.
(f) CONFORMING AMENDMENTS.—Such section 17 is
further amended—
(1) in subsection (a), by striking ‘‘Any con-
sumer’’ and inserting ‘‘REFUSAL OF ADMISSION.—
Any consumer’’;
(2) in subsection (b), by striking ‘‘The’’ in the
first sentence and inserting ‘‘SAMPLES.—The’’;
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(3) in subsection (c), by striking ‘‘If’’ and insert-
ing ‘‘MODIFICATION.—If’’;
(4) in subsection (d), by striking ‘‘All actions’’
in the first sentence and inserting ‘‘SUPERVISION OF
MODIFICATIONS.—All actions’’;
(5) in subsection (f), by striking ‘‘All expenses’’
in the first sentence and inserting ‘‘PAYMENT OF EX-
PENSES OCCASIONED BY REFUSAL OF ADMISSION.—
All expenses’’;
(6) in subsection (g), by striking ‘‘The Commis-
sion’’ and inserting ‘‘IMPORTATION
CONDITIONED
UPON
MANUFACTURER’S
COMPLIANCE.—The Com-
mission’’;
(7) in subsection (h), by striking ‘‘(h)(1) The
Commission’’ and inserting ‘‘(h) PRODUCT SURVEIL-
LANCE PROGRAM.—(1) The Commission’’.
(g) TECHNICAL AMENDMENTS.—Such section 17 is
further amended—
(1) by striking ‘‘Secretary of the Treasury’’ each
place it occurs and inserting ‘‘Secretary of Homeland
Security’’; and
(2) by striking ‘‘Department of the Treasury’’
each place it occurs and inserting ‘‘Department of
Homeland Security’’.
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SEC. 39. DATABASE OF MANUFACTURING FACILITIES AND
SUPPLIERS INVOLVED IN VIOLATIONS OF
CONSUMER PRODUCT SAFETY STANDARDS.
(a) DOCUMENTATION OF ACTS AND OMISSIONS.—If the
Consumer Product Safety Commission discovers evidence
that a violation of a consumer product safety rule was the
result of an act or omission by a manufacturing facility
or supplier, the Commission shall document the following:
(1) The date on which the violation occurred.
(2) A description of the violation and the cir-
cumstances that led to the violation.
(3) Details of the act or omission and the rela-
tion of such act or omission to the violation.
(4) Identifying information about the manufac-
turing facility or supplier, including the name and
address of such manufacturing facility or supplier.
(b) DATABASE.—The Consumer Product Safety Com-
mission shall establish and maintain a database that con-
tains the following:
(1) All of the information documented under sub-
section (a).
(2) Any information submitted under subsection
(d).
(c) NOTICE.—The Commission shall take reasonable
steps to provide notice to each manufacturing facility or
supplier documented in the database required by subsection
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(b) of the inclusion of such manufacturing facility or sup-
plier in such database and the reasons for such inclusion.
(d) COMMENTS.—The Commission shall establish a
process by which a manufacturing facility or supplier in-
cluded in the database required by subsection (b) for an
act or omission described in subsection (a) may submit in-
formation to the Commission for inclusion in the database.
Such information may consist of—
(1) evidence refuting evidence contained in the
database that a violation described in subsection (a)
was the result of an act or omission by such manufac-
turing facility or supplier; and
(2) evidence of remedial measures taken by such
manufacturing facility or supplier to correct such act
or omission.
Information submitted under this subsection shall be treated
the same as information in the database for purposes of
subsections (g) and (h).
(e) AVAILABILITY OF DATABASE TO U.S. CUSTOMS
AND BORDER PROTECTION.—The Consumer Product Safety
Commission shall make the database established under sub-
section (b) available on a real-time basis to the Commis-
sioner responsible for the U.S. Customs and Border Protec-
tion of the Department of Homeland Security.
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Commission for purpose other than inclusion in the
database.
(2) EXCEPTION FOR LAW ENFORCEMENT AND NA-
TIONAL
SECURITY.—The Consumer Product Safety
Commission and the Commissioner responsible for the
U.S. Customs and Border Protection of the Depart-
ment of Homeland Security may disclose information
contained in and provide access to the database re-
quired by subsection (b) to a law enforcement agency
or an intelligence agency of the United States if the
Commission or the Commissioner determine that such
disclosure is necessary—
(A) to prevent a crime; or
(B) to detect, prevent, or respond to a threat
to national security.
(3) EXEMPTION FROM FREEDOM OF INFORMA-
TION ACT DISCLOSURE REQUIREMENTS.—The data-
base required by subsection (b) shall not be subject to
the disclosure requirements of section 552 or 552A of
title 5, United States Code.
(h) LIMITATION ON USE OF INFORMATION IN DATA-
BASE FOR CERTAIN CIVIL OR CRIMINAL PENALTIES.—
(1) PROHIBITION ON IMPOSITION BY CONSUMER
PRODUCT SAFETY COMMISSION OF PENALTIES SOLELY
ON
BASIS
OF
DATABASE.—The Consumer Product
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Safety Commission may not impose any penalty
under section 20 or 21 of the Consumer Product Safe-
ty Act (15 U.S.C. 2069, 2070) on any person solely
on the inclusion of information on a person in the
database required by subsection (b).
(2) PROHIBITION ON IMPOSITION BY U.S. CUS-
TOMS AND BORDER PROTECTION OF PENALTIES SOLE-
LY ON BASIS OF DATABASE.—Notwithstanding any
other provision of law, the Commissioner responsible
for the U.S. Customs and Border Protection of the
Department of Homeland Security may not impose
any civil or criminal penalty on any person solely on
the inclusion of information on a person in the data-
base required by subsection (b).
(i) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be nec-
essary to carry out this section.
SEC. 40. BAN ON CERTAIN PRODUCTS CONTAINING SPECI-
FIED PHTHALATES.
(a) BANNED HAZARDOUS SUBSTANCE.—Effective Jan-
uary 1, 2009, any children’s product or child care article
that contains a specified phthalate shall be treated as a
banned hazardous substance under the Federal Hazardous
Substances Act (15 U.S.C. 1261 et seq.) and the prohibi-
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tions contained in section 4 of such Act shall apply to such
product or article.
(b) PROHIBITION ON USE OF CERTAIN ALTERNATIVES
TO SPECIFIED PHTHALATES IN CHILDREN’S PRODUCTS
AND CHILD CARE ARTICLES.—
(1) IN GENERAL.—If a manufacturer modifies a
children’s product or child care article that contains
a specified phthalate to comply with the ban under
subsection (a), such manufacturer shall not use any
of the prohibited alternatives to specified phthalates
described in paragraph (2).
(2) PROHIBITED
ALTERNATIVES
TO
SPECIFIED
PHTHALATES.—The prohibited alternatives to speci-
fied phthalates described in this paragraph are the
following:
(A) Carcinogens rated by the Environ-
mental Protection Agency as Group A, Group B,
or Group C carcinogens.
(B) Substances described in the List of
Chemicals Evaluated for Carcinogenic Potential
of the Environmental Protection Agency as fol-
lows:
(i) Known to be human carcinogens.
(ii) Likely to be human carcinogens.
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(iii) Suggestive of being human car-
cinogens.
(C) Reproductive toxicants identified by the
Environmental Protection Agency that cause any
of the following:
(i) Birth defects.
(ii) Reproductive harm.
(iii) Developmental harm.
(c) PREEMPTION.—Nothing in this section or section
18(b)(1)(B) of the Federal Hazardous Substances Act (15
U.S.C. 1261 note) shall preclude or deny any right of any
State or political subdivision thereof to adopt or enforce any
provision of State or local law that—
(1) applies to a phthalate that is not described
in subsection (d)(3);
(2) applies to a phthalate described in subsection
(d)(3) that is not otherwise regulated under this sec-
tion;
(3) with respect to any phthalate, requires the
provision of a warning of risk, illness, or injury; or
(4) prohibits the use of alternatives to phthalates
that are not described in subsection (b)(2).
(d) DEFINITIONS.—In this section:
(1) CHILDREN’S
PRODUCT.—The term ‘‘chil-
dren’s product’’ means a toy or any other product de-
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signed or intended by the manufacturer for use by a
child when the child plays.
(2) CHILD CARE ARTICLE.—The term ‘‘child care
article’’ means all products designed or intended by
the manufacturer to facilitate sleep, relaxation, or the
feeding of children, or to help children with sucking
or teething.
(3) CHILDREN’S PRODUCT OR CHILD CARE ARTI-
CLE THAT CONTAINS A SPECIFIED PHTHALATE.—The
term ‘‘children’s product or child care article that
contains a specified phthalate’’ means—
(A) a children’s product or a child care ar-
ticle any part of which contains any combina-
tion of di-(2-ethylhexyl) phthalate (DEHP),
dibutyl phthalate (DBP), or benzyl butyl phthal-
ate (BBP) in concentrations exceeding 0.1 per-
cent; and
(B) a children’s product or a child care ar-
ticle intended for use by a child that—
(i) can be placed in a child’s mouth;
and
(ii)(I) contains any combination of
diisononyl phthalate (DINP), diisodecyl
phthalate (DIDP), or di-n-octyl phthalate
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(DnOP), in concentrations exceeding 0.1
percent; or
(II) contains any combination of di-(2-
ethylhexyl) 
phthalate 
(DEHP), 
dibutyl
phthalate (DBP), benzyl butyl phthalate
(BBP), 
diisononyl 
phthalate 
(DINP),
diisodecyl phthalate (DIDP), or di-n-octyl
phthalate (DnOP), in concentrations exceed-
ing 0.1 percent.
SEC. 41. EQUESTRIAN HELMETS.
(a) STANDARDS.—
(1) IN GENERAL.—Every equestrian helmet man-
ufactured on or after the date that is 9 months after
the date of the enactment of this Act shall meet—
(A) the interim standard specified in para-
graph (2), pending the establishment of a final
standard pursuant to paragraph (3); and
(B) the final standard, once that standard
has been established under paragraph (3).
(2) INTERIM STANDARD.—The interim standard
for equestrian helmets is the American Society for
Testing and Materials (ASTM) standard designated
as F 1163.
(3) FINAL STANDARD.—
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U.S.C. 2060) shall not apply with respect to any
standard issued under such proceeding.
(C) EFFECTIVE DATE.—The final standard
shall take effect not later than 1 year after the
date it is issued.
(4) FAILURE TO MEET STANDARDS.—
(A) FAILURE
TO
MEET
INTERIM
STAND-
ARD.—Until the final standard takes effect, an
equestrian helmet that does not meet the interim
standard, required under paragraph (1)(A), shall
be considered in violation of a consumer product
safety standard promulgated under the Con-
sumer Product Safety Act.
(B) STATUS
OF
FINAL
STANDARD.—The
final standard developed under paragraph (3)
shall be considered a consumer product safety
standard promulgated under the Consumer Prod-
uct Safety Act.
(b) DEFINITIONS.—In this section:
(1) APPROVED EQUESTRIAN HELMET.—The term
‘‘approved equestrian helmet’’ means an equestrian
helmet that meets—
(A) the interim standard specified in sub-
section (a)(2), pending establishment of a final
standard under subsection (a)(3); and
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(B) the final standard, once it is effective
under subsection (a)(3).
(2) EQUESTRIAN
HELMET.—The term ‘‘eques-
trian helmet’’ means a hard shell head covering in-
tended to be worn while participating in an eques-
trian event or activity.
SEC. 42. REQUIREMENTS FOR RECALL NOTICES.
(a) IN GENERAL.—Section 15 (15 U.S.C. 2064) is
amended by adding at the end the following:
‘‘(i) REQUIREMENTS FOR RECALL NOTICES.—
‘‘(1) IN
GENERAL.—If the Commission deter-
mines that a product distributed in commerce pre-
sents a substantial product hazard and that action
under subsection (d) is in the public interest, the
Commission may order the manufacturer or any dis-
tributor or retailer of the product to distribute notice
of the action to the public. The notice shall include
the following:
‘‘(A) 
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.
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‘‘(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 prod-
uct hazard and the reasons for the action.
‘‘(E) An identification of the manufactur-
ers, importers, distributers, and retailers of the
product.
‘‘(F) The locations where, and Internet
websites from which, the product was sold.
‘‘(G) The name and location of the factory
at which the product was produced.
‘‘(H) The dates between which the product
was manufactured and sold.
‘‘(I) 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 in-
formation about such injuries or deaths.
‘‘(J) A description of—
‘‘(i) any remedy available to a con-
sumer;
‘‘(ii) any action a consumer must take
to obtain a remedy; and
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‘‘(iii) any information a consumer
needs to take to obtain a remedy or infor-
mation about a remedy, such as mailing
addresses, telephone numbers, fax numbers,
and email addresses.
‘‘(K) Any other information the Commis-
sion determines necessary.
‘‘(2) NOTICES
IN
LANGUAGES
OTHER
THAN
ENGLISH.—The Commission may require a notice de-
scribed in paragraph (1) to be distributed in a lan-
guage other than English if the Commission deter-
mines that doing so is necessary to adequately protect
the public.’’.
(b) PUBLICATION
OF INFORMATION
ON RECALLED
PRODUCTS.—Beginning not later than 1 year after the date
of the enactment of this Act, the Consumer Product Safety
Commission shall make the following information available
to the public as the information becomes available to the
Commission:
(1) Progress reports and incident updates with
respect to action plans implemented under section
15(d) of the Consumer Product Safety Act (15 U.S.C.
2064(d)).
(2) Statistics with respect to injuries and deaths
associated with products that the Commission deter-
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HR 4040 EAS
mines present a substantial product hazard under sec-
tion 15(c) of the Consumer Product Safety Act (15
U.S.C. 2064(c)).
(3) 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) of the Consumer Product
Safety Act (15 U.S.C. 2064(d)).
SEC. 43. STUDY AND REPORT ON EFFECTIVENESS OF AU-
THORITIES RELATING TO SAFETY OF IM-
PORTED CONSUMER PRODUCTS.
Not later than 180 days after the date of the enactment
of this Act, the Comptroller General of the United States
shall—
(1) conduct a study of the authorities and provi-
sions of the Consumer Product Safety Act (15 U.S.C.
2051 et seq.) to assess the effectiveness of such authori-
ties and provisions in preventing unsafe consumer
products from entering the customs territory of the
United States;
(2) develop a plan to improve the effectiveness of
the Consumer Product Safety Commission in pre-
venting unsafe consumer products from entering such
customs territory; and