‘‘(ii) Whether the product is rep-
resented in its packaging, display or adver-
tising as appropriate for use by children 6 
years of age or younger. 
‘‘(iii) Whether the product is com-
monly recognized by consumers as being 
intended for use by child 6 years of age or 
younger. 
‘‘(iv) The Age Determination Guide-
line issued by the Commission in Sep-
tember 2002, and any successor thereto 
‘‘(B) CHILDREN’S
PRODUCT
CONTAINING 
LEAD.—For purposes of the third party testing 
required by subsection (a)(2) concerning pro-
hibited levels of lead in children’s products, the 
definition of children’s product in section 
101(a)(4) of the Consumer Product Safety 
Modernization Act shall apply. 
‘‘(2) The term ‘independent third party’, means 
an independent testing entity that is physically sepa-
rate from any manufacturer or private labeler whose 
product will be tested by such entity, and is not 
owned, managed, controlled, or directed by such 
manufacturer or private labeler, and that is accred-
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ited in accordance with an accreditation process es-
tablished or recognized by the Commission.’’. 
SEC. 103. TRACKING LABELS FOR CHILDREN’S PRODUCTS. 
Section 14(a) (15 U.S.C. 2063(a)) is further amend-
ed by adding at the end the following: 
‘‘(4) Effective 1 year after the date of enact-
ment of the Consumer Product Safety Modernization 
Act, the manufacturer of a children’s product shall, 
to the extent feasible, place distinguishing marks on 
the product and its packaging that will enable the 
manufacturer and the ultimate purchaser to ascer-
tain the location and date of production of the prod-
uct, and any other information determined by the 
manufacturer to facilitate ascertaining the specific 
source of the product by reference to those marks.’’. 
SEC. 104. STANDARDS AND CONSUMER REGISTRATION OF 
DURABLE NURSERY PRODUCTS. 
(a) SAFETY STANDARDS.—Not later than 1 year 
after the date of enactment of this Act, the Consumer 
Products Safety Commission shall— 
(1) examine and assess the effectiveness of any 
voluntary consumer product safety standards on 
which the Commission has relied with respect to du-
rable infant or toddler product; and 
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(2) in accordance with section 553 of title 5, 
United States Code, promulgate consumer product 
safety rules that— 
(A) are substantially the same as such vol-
untary standards; or 
(B) are more stringent than such vol-
untary standards, if the Commission determines 
that more stringent standards would further re-
duce the risk of injury associated with such 
products. 
(b) CONSUMER REGISTRATION REQUIREMENT.— 
(1) RULEMAKING.—Not later than 1 year after 
the date of enactment of this Act, the Commission 
shall, pursuant to its authority under section 16(b) 
of the Consumer Product Safety Act (15 U.S.C. 
2065(b)), promulgate a final consumer product safe-
ty rule to require manufacturers of durable infant or 
toddler products— 
(A) to provide consumers with a postage- 
paid consumer registration form with each such 
product; 
(B) to maintain a record of the names, ad-
dresses, email addresses, and other contact in-
formation of consumers who register their own-
ership of such products with the manufacturer 
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in order to improve the effectiveness of manu-
facturer campaigns to recall such products; and 
(C) to permanently place the manufacturer 
name and contact information, model name and 
number, and the date of manufacture on each 
durable infant or toddler product. 
(2) 
REQUIREMENTS
FOR
REGISTRATION 
FORM.—The registration form required to be pro-
vided to consumers under subsection (a) shall— 
(A) include spaces for a consumer to pro-
vide their name, address, telephone number, 
and email address; 
(B) include space sufficiently large to per-
mit easy, legible recording of all desired infor-
mation; 
(C) be attached to the surface of each du-
rable infant or toddler product so that, as a 
practical matter, the consumer must notice and 
handle the form after purchasing the product; 
(D) include the manufacturer’s name, 
model name and number for the product, and 
the date of manufacture; 
(E) include a message explaining the pur-
pose of the registration and designed to encour-
age consumers to complete the registration; 
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(F) include an option for consumers to 
register through the Internet; and 
(G) include a statement that information 
provided by the consumer shall not be used for 
any purpose other than to facilitate a recall of 
or safety alert regarding that product. 
In issuing regulations under this section, the Com-
mission may prescribe the exact text and format of 
the required registration form. 
(3) RECORD KEEPING AND NOTIFICATION RE-
QUIREMENTS.—The standard required under this 
section shall require each manufacturer of a durable 
infant or toddler product to maintain a record of 
registrants for each product manufactured that in-
cludes all of the information provided by each con-
sumer registered, and to use such information to no-
tify such consumers in the event of a voluntary or 
involuntary recall of or safety alert regarding such 
product. Each manufacturer shall maintain such a 
record for a period of not less than 6 years after the 
date of manufacture of the product. Consumer infor-
mation collected by a manufacturer under this Act 
may not be used by the manufacturer, nor dissemi-
nated by such manufacturer to any other party, for 
any purpose other than notification to such con-
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sumer in the event of a product recall or safety 
alert. 
(4) STUDY.—The Commission shall conduct a 
study at such time as it considers appropriate on the 
effectiveness of the consumer registration forms in 
facilitating product recalls. Not later than 4 years 
after the date of enactment of this Act, the Commis-
sion shall report its findings to Congress. 
(c) DEFINITION OF DURABLE INFANT OR TODDLER 
PRODUCT.—As used in this section, the term ‘‘durable in-
fant or toddler product’’— 
(1) means a durable product intended for use, 
or that may be reasonably expected to be used, by 
children under the age of 5 years; and 
(2) shall include— 
(A) full-size cribs and nonfull-size cribs; 
(B) toddler beds; 
(C) high chairs, booster chairs, and hook- 
on chairs; 
(D) bath seats; 
(E) gates and other enclosures for con-
fining a child; 
(F) play yards; 
(G) stationary activity centers; 
(H) infant carriers; 
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(I) strollers; 
(J) walkers; 
(K) swings; and 
(L) bassinets and cradles. 
SEC. 105. LABELING REQUIREMENT FOR CERTAIN INTER-
NET AND CATALOGUE ADVERTISING OF TOYS 
AND GAMES. 
Section 24 of the Federal Hazardous Substances Act 
(15 U.S.C. 1278) is amended— 
(1) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) INTERNET, CATALOGUE, AND OTHER ADVER-
TISING.— 
‘‘(1) REQUIREMENT.—Any advertisement of a 
retailer, manufacturer, importer, distributor, private 
labeler, or licensor that provides a direct means for 
the purchase or ordering of any toy, game, balloon, 
small ball, or marble that requires a cautionary 
statement under subsections (a) and (b), including 
advertisement on Internet websites or in catalogues 
or other distributed materials, shall include the ap-
propriate cautionary statement required under such 
subsections in its entirety displayed on or imme-
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diately adjacent to such advertisement. Such cau-
tionary statement shall be displayed in the language 
that is primarily used in the advertisement, cata-
logue, or Internet website, and in a clear and con-
spicuous manner consistent with part 1500 of title 
16, Code of Federal Regulations (or a successor reg-
ulation thereto). 
‘‘(2) 
ENFORCEMENT.—The 
requirement 
in 
paragraph (1) shall be treated as a consumer prod-
uct safety rule promulgated under section 7 of the 
Consumer Product Safety Act (15 U.S.C. 2056) and 
the publication or distribution of any advertisement 
that is not in compliance with the requirements of 
paragraph (1) shall be treated as a prohibited act 
under section 19 of such Act (15 U.S.C. 2068).’’. 
TITLE II—CONSUMER PRODUCT 
SAFETY COMMISSION REFORM 
SEC. 201. REAUTHORIZATION OF THE COMMISSION. 
(a) AUTHORIZATION
OF
APPROPRIATIONS.—Sub-
sections (a) and (b) of section 32 (15 U.S.C. 2081) are 
amended to read as follows: 
‘‘(a) There are authorized to be appropriated to the 
Commission for the purpose of carrying out the provisions 
of this Act and any other provision of law the Commission 
is authorized or directed to carry out— 
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‘‘(1) $80,000,000 for fiscal year 2009; 
‘‘(2) $90,000,000 for fiscal year 2010; and 
‘‘(3) $100,000,000 for fiscal year 2011. 
‘‘(b) In addition to the amounts specified in sub-
section (a), there are authorized to be appropriated 
$20,000,000 to the Commission for fiscal years 2009 
through 2011, for the purpose of renovation, repair, recon-
struction, re-equipping, and making other necessary cap-
ital improvements to the Commission’s research, develop-
ment, and testing facility (including bringing the facility 
into compliance with applicable environmental, safety, and 
accessibility standards).’’. 
(b) REPORT
TO
CONGRESS.—Not later than 6 
months after the date of enactment of this Act, the Com-
mission shall transmit to Congress a report of its plans 
to allocate the funding authorized by subsection (a). Such 
report shall include— 
(1) the number of full time inspectors the Com-
mission intends to employ; 
(2) the plan of the Commission for risk assess-
ment and inspection of imported consumer products; 
and 
(3) the efforts of the Commission to reach and 
educate informal sellers, such as thrift shops and 
yard sales, concerning consumer product safety 
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standards, especially standards relating to durable 
nursery products, in order to prevent the resale of 
any products that have been recalled. 
SEC. 202. STRUCTURE AND QUORUM. 
(a) EXTENSION OF TEMPORARY QUORUM.—Notwith-
standing section 4(d) of the Consumer Product Safety Act 
(15 U.S.C. 2053(d)), 2 members of the Commission, if 
they are not affiliated with the same political party, shall 
constitute a quorum for the transaction of business for 
the period beginning on the date of enactment of this Act 
through August 3, 2008. 
(b) REPEAL OF LIMITATION.—The first proviso in 
the account under the heading ‘‘CONSUMER PRODUCT 
SAFETY COMMISSION, SALARIES AND EXPENSES’’ in title 
III of Public Law 102–389 (15 U.S.C. 2053 note) shall 
cease to be in effect after fiscal year 2010. 
SEC. 203. SUBMISSION OF COPY OF CERTAIN DOCUMENTS 
TO CONGRESS. 
(a) IN GENERAL.—Notwithstanding any rule, regula-
tion, or order to the contrary, the Commission shall com-
ply with the requirements of section 27(k) of the Con-
sumer Product Safety Act (15 U.S.C. 2076) with respect 
to budget recommendations, legislative recommendations, 
testimony, and comments on legislation submitted by the 
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Commission to the President or the Office of Management 
and Budget after the date of enactment of this Act. 
(b) REINSTATEMENT
OF REQUIREMENT.—Section 
3003(d) of Public Law 104–66 (31 U.S.C. 1113 note) is 
amended— 
(1) by striking ‘‘or’’ after the semicolon in 
paragraph (31); 
(2) by redesignating paragraph (32) as (33); 
and 
(3) by inserting after paragraph (31) the fol-
lowing: 
‘‘(32) section 27(k) of the Consumer Product 
Safety Act (15 U.S.C. 2076(k)); or’’. 
SEC. 204. EXPEDITED RULEMAKING. 
(a) RULEMAKING UNDER THE CONSUMER PRODUCT 
SAFETY ACT.— 
(1) ADVANCED
NOTICE
OF
PROPOSED
RULE-
MAKING
REQUIREMENT.—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 sub-
section (b) and inserting ‘‘in a notice’’; 
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