SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Consumer Product Safety Modernization Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References. 
Sec. 3. Authority to issue implementing regulations. 
TITLE I—CHILDREN’S PRODUCT SAFETY 
Sec. 101. Ban on children’s products containing lead; lead paint rule. 
Sec. 102. Mandatory third-party testing for certain children’s products. 
Sec. 103. Tracking labels for children’s products. 
Sec. 104. Standards and consumer registration of durable nursery products. 
Sec. 105. Labeling requirement for certain internet and catalogue advertising 
of toys and games. 
Sec. 106. Study of preventable injuries and deaths in minority children related 
to consumer products. 
Sec. 107. Review of generally-applicable standards for toys. 
TITLE II—CONSUMER PRODUCT SAFETY COMMISSION REFORM 
Sec. 201. Reauthorization of the Commission. 
Sec. 202. Structure and quorum. 
Sec. 203. Submission of copy of certain documents to Congress. 
Sec. 204. Expedited rulemaking. 
Sec. 205. Public disclosure of information. 
Sec. 206. Publicly available information on incidents involving injury or death. 
Sec. 207. Prohibition on stockpiling under other Commission-enforced statutes. 
Sec. 208. Notification of noncompliance with any Commission-enforced statute. 
Sec. 209. Enhanced recall authority and corrective action plans. 
Sec. 210. Website notice, notice to third party internet sellers, and radio and 
television notice. 
Sec. 211. Inspection of certified proprietary laboratories. 
Sec. 212. Identification of manufacturer, importers, retailers, and distributors. 
Sec. 213. Export of recalled and non-conforming products. 
Sec. 214. Prohibition on sale of recalled products. 
Sec. 215. Increased civil penalty. 
Sec. 216. Criminal penalties to include asset forfeiture. 
Sec. 217. Enforcement by State attorneys general. 
Sec. 218. Effect of rules on preemption. 
Sec. 219. Sharing of information with Federal, State, local, and foreign govern-
ment agencies. 
Sec. 220. Inspector General authority and accessibility. 
Sec. 221. Repeal. 
Sec. 222. Industry-sponsored travel ban. 
Sec. 223. Annual reporting requirement. 
Sec. 224. Study on the effectiveness of authority relating to imported products.
SEC. 2. REFERENCES. 
(a) COMMISSION.—As used in this Act, the term 
‘‘Commission’’ means the Consumer Product Safety Com-
mission. 
(b) CONSUMER PRODUCT SAFETY ACT.—Except as 
otherwise expressly provided, whenever in this Act an 
amendment is expressed as an amendment to a section 
or other provision, the reference shall be considered to be 
made to a section or other provision of the Consumer 
Product Safety Act (15 U.S.C. 2051 et seq.). 
(c) RULE.—In this Act and the amendments made 
by this Act, a reference to any rule under any Act enforced 
by the Commission shall be considered a reference to any 
rule, standard, ban, or order under any such Act. 
SEC. 3. AUTHORITY TO ISSUE IMPLEMENTING REGULA-
TIONS. 
The Commission may issue regulations, as necessary, 
to implement this Act and the amendments made by this 
Act. 
TITLE I—CHILDREN’S PRODUCT 
SAFETY 
SEC. 101. BAN ON CHILDREN’S PRODUCTS CONTAINING 
LEAD; LEAD PAINT RULE. 
(a) CHILDREN’S PRODUCTS CONTAINING LEAD.— 
(1) BANNED HAZARDOUS SUBSTANCE.—Effec-
tive 180 days after the date of enactment of this
Act, any children’s product containing more than the 
amounts of lead set forth in paragraph (2) shall be 
a banned hazardous substance within the meaning of 
section 2(q)(1) of the Federal Hazardous Substances 
Act (15 U.S.C. 1261(q)(1)). 
(2) STANDARD FOR AMOUNT OF LEAD.—The 
amounts of lead referred to in paragraph (1) shall 
be— 
(A) 600 parts per million total lead con-
tent by weight for any part of the product; 
(B) 300 parts per million total lead con-
tent by weight for any part of the product, ef-
fective 2 years after the date of enactment of 
this Act; and 
(C) 100 parts per million total lead content 
by weight for any part of the product, effective 
4 years after the date of enactment of this Act, 
unless the Commission determines, after notice 
and a hearing, that a standard of 100 parts per 
million is not feasible, in which case the Com-
mission shall require the lowest amount of lead 
that the Commission determines is feasible to 
achieve. 
(3) COMMISSION REVISION TO MORE PROTEC-
TIVE STANDARD.—
(A) MORE PROTECTIVE STANDARD.—The 
Commission may, by rule, revise the standard 
set forth in paragraph (2)(C) for any class of 
children’s products to any level and form that 
the Commission determines is— 
(i) more protective of human health; 
and 
(ii) feasible to achieve. 
(B) PERIODIC REVIEW.—The Commission 
shall, based on the best available scientific and 
technical information, periodically review and 
revise the standard set forth in this section to 
require the lowest amount of lead that the 
Commission determines is feasible to achieve. 
(4) COMMISSION AUTHORITY TO EXCLUDE CER-
TAIN MATERIALS.—The Commission may, by rule, 
exclude certain products and materials from the pro-
hibition in paragraph (1) if the Commission deter-
mines that the lead content in such products and 
materials will not result in the absorption of lead in 
the human body or does not have any adverse im-
pact on public health or safety. 
(5) DEFINITION OF CHILDREN’S PRODUCT.— 
(A) IN GENERAL.—As used in this sub-
section, the term ‘‘children’s product’’ means a
consumer product as defined in section 3(1) of 
the Consumer Product Safety Act (15 U.S.C. 
2052(1)) designed or intended primarily for 
children 12 years of age or younger. 
(B) FACTORS TO BE CONSIDERED.—In de-
termining whether a product is primarily in-
tended for a child 12 years of age or younger, 
the following factors shall be considered: 
(i) A statement by a manufacturer 
about the intended use of such product, in-
cluding a label on such product if such 
statement is reasonable. 
(ii) Whether the product is rep-
resented in its packaging, display or adver-
tising as appropriate for use by children 12 
years of age or younger. 
(iii) Whether the product is commonly 
recognized by consumers as being intended 
for use by child 12 years of age or young-
er. 
(iv) The Age Determination Guide-
lines issued by the Commission staff in 
September 2002, and any successor there-
to.
(6) EXCEPTION
FOR
INACCESSIBLE
COMPO-
NENT
PARTS.—The standards established under 
paragraph (2) shall not apply to any component part 
of a children’s product that is not accessible to a 
child through normal and reasonably foreseeable use 
and abuse of such product, as determined by the 
Commission. A component part is not accessible 
under this paragraph if such component part is not 
physically exposed by reason of a sealed covering or 
casing and does not become physically exposed 
through reasonably foreseeable use and abuse of the 
product. The Commission may require that certain 
electronic devices be equipped with a child-resistant 
cover or casing that prevents exposure of and acces-
sibility to the parts of the product containing lead 
if the Commission determines that it is not feasible 
for such products to otherwise meet such standards. 
(b) PAINT STANDARD.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Commis-
sion shall modify section 1303.1 of title 16, Code of 
Federal Regulations, to— 
(A) reduce the standard applicable to lead 
paint by substituting ‘‘0.009 percent’’ for ‘‘0.06 
percent’’ in subsection (a) of that section;
(B) apply the standard to all children’s 
products as defined in subsection (a)(5); and 
(C) reduce the standard for paint and 
other surface coating on children’s products and 
furniture to 0.009 milligrams per centimeter 
squared. 
(2) MORE PROTECTIVE STANDARD.—Not later 
than 3 years after the date of enactment of this Act, 
the Commission shall, by rule, revise the standard 
established under paragraph (1)(C) to a more pro-
tective standard if the Commission determines such 
a standard to be feasible. 
(c) AUTHORITY TO EXTEND IMPLEMENTATION PERI-
ODS.—The Commission may extend, by rule, the effective 
dates in subsections (a) and (b) by an additional period 
not to exceed 180 days if the Commission determines 
that— 
(1) there is no impact on public health or safety 
from extending the implementation period; and 
(2)(A) the complete implementation of the new 
standards by manufacturers subject to such stand-
ards is not feasible within 180 days; 
(B) the cost of such implementation, particu-
larly on small and medium sized enterprises, is ex-
cessive; or
(C) the Commission requires additional time to 
implement such standards and determine the re-
quired testing methodologies and appropriate excep-
tions in order to enforce such standards. 
SEC. 102. MANDATORY THIRD-PARTY TESTING FOR CER-
TAIN CHILDREN’S PRODUCTS. 
(a) MANDATORY AND THIRD-PARTY TESTING.—Sec-
tion 14(a) (15 U.S.C. 2063(a)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘Every manufacturer’’ and 
inserting ‘‘Except as provided in paragraph (2), 
every manufacturer’’; and 
(B) by striking ‘‘standard under this Act’’ 
and inserting ‘‘rule under this Act or similar 
rule under any other Act enforced by the Com-
mission’’; 
(2) by redesignating paragraph (2) as para-
graph (3) and inserting after paragraph (1) the fol-
lowing: 
‘‘(2) Effective 1 year after the date of enact-
ment of the Consumer Product Safety Modernization 
Act, every manufacturer of a children’s product (and 
the private labeler of such children’s product if such 
product bears a private label) which is subject to a 
consumer product safety rule under this Act or a
similar rule or standard under any other Act en-
forced by the Commission, shall— 
‘‘(A) have the product tested by a inde-
pendent third party qualified to perform such 
tests or a proprietary laboratory certified by the 
Commission under subsection (e) ; and 
‘‘(B) issue a certificate which shall— 
‘‘(i) certify that such product con-
forms to such standards or rules; and 
‘‘(ii) specify the applicable consumer 
product safety standards or other similar 
rules.’’; and 
(3) in paragraph (3) (as so redesignated)— 
(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) DEFINITION
OF CHILDREN’S PRODUCTS
AND 
INDEPENDENT THIRD PARTY.—Section 14 (15 U.S.C. 
2063) is amended by adding at the end the following: 
‘‘(d) DEFINITIONS.—In this section, the following 
definitions apply:
‘‘(1) The term ‘children’s product’ means a con-
sumer product designed or intended primarily for 
children 12 years of age or younger. In determining 
whether a product is primarily intended for a child 
12 years of age or younger, the following factors 
shall be considered: 
‘‘(A) A statement by a manufacturer about 
the intended use of such product, including a 
label on such product if such statement is rea-
sonable. 
‘‘(B) Whether the product is represented 
in its packaging, display or advertising as ap-
propriate for use by children 12 years of age or 
younger. 
‘‘(C) Whether the product is commonly 
recognized by consumers as being intended for 
use by child 12 years of age or younger. 
‘‘(D) The Age Determination Guidelines 
issued by the Commission staff in September 
2002, and any successor thereto. 
‘‘(2) The term ‘independent third party’, means 
an independent testing entity that is not owned, 
managed, controlled, or directed by such manufac-
turer or private labeler, and that is accredited in ac-
cordance with an accreditation process established or
recognized by the Commission. In the case of certifi-
cation of art material or art material products re-
quired under this section or under regulations issued 
under the Federal Hazardous Substances Act, such 
term includes a certifying organization, as such term 
is defined in appendix A to section 1500.14(b)(8) of 
title 16, Code of Federal Regulations.’’. 
(c) CERTIFICATION
OF
PROPRIETARY
LABORA-
TORIES.—Section 14 (15 U.S.C. 2063) is further amended 
by adding at the end the following: 
‘‘(e) CERTIFICATION
OF
PROPRIETARY
LABORA-
TORIES FOR MANDATORY TESTING.— 
‘‘(1) CERTIFICATION.—Upon request, the Com-
mission, or an independent standard-setting organi-
zation to which the Commission has delegated such 
authority, may certify a laboratory that is owned, 
managed, controlled, or directed by the manufac-
turer or private labeler for purposes of testing re-
quired under this section if the Commission deter-
mines that— 
‘‘(A) certification of the laboratory would 
provide equal or greater consumer safety pro-
tection than the manufacturer’s use of an inde-
pendent third party laboratory;
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) 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 effective-
ness of any voluntary consumer product safety 
standards 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. 
(2) TIMETABLE FOR RULEMAKING.—Not later 
than 1 year after the date of enactment of this Act, 
the Commission shall commence the rulemaking re-
quired under paragraph (1) and shall promulgate 
rules for no fewer than 2 categories of durable nurs-
ery products every 6 months thereafter, beginning 
with the product categories that the Commission de-
termines to be of highest priority, until the Commis-
sion has promulgated standards for all such product 
categories. Thereafter, the Commission shall periodi-
cally 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. 
(c) 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 
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; 
(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-
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 and whether such reg-
istration forms should be required for other chil-
dren’s products. Not later than 4 years after the
date of enactment of this Act, the Commission shall 
report its findings to Congress. 
(d) 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; 
(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.—Effective 180 days after 
the Consumer Product Safety Modernization Act, 
any advertisement of a retailer, manufacturer, im-
porter, 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 mate-
rials, shall include the appropriate cautionary state-
ment required under such subsections in its entirety 
displayed on or immediately adjacent to such adver-
tisement. Such cautionary statement shall be dis-
played in the language that is primarily used in the 
advertisement, catalogue, or Internet website, and in
a clear and conspicuous manner consistent with part 
1500 of title 16, Code of Federal Regulations (or a 
successor regulation 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). 
‘‘(3) RULEMAKING.—Not later than 180 days 
after the date of enactment of Consumer Product 
Safety Modernization Act, the Commission shall, by 
rule, modify the requirement under paragraph (1) 
with regard to catalogues or other printed materials 
concerning the size and placement of the cautionary 
statement required under such paragraph as appro-
priate relative to the size and placement of the ad-
vertisements in such printed materials. The Commis-
sion may, under such rule, provide a grace period for 
catalogues and printed materials printed prior to the 
effective date in paragraph (1) during which time 
distribution of such printed materials shall not be 
considered a violation of such paragraph.’’.
SEC. 106. STUDY OF PREVENTABLE INJURIES AND DEATHS 
IN MINORITY CHILDREN RELATED TO CON-
SUMER PRODUCTS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Comptroller General 
shall initiate a study to assess disparities in the risks and 
incidence of preventable injuries and deaths among chil-
dren of minority populations, including Black, Hispanic, 
American Indian, Alaskan native, and Asian/Pacific Is-
lander children in the United States. The Comptroller 
General shall consult with the Commission as necessary. 
(b) REQUIREMENTS.—The study shall examine the 
racial disparities of the rates of preventable injuries and 
deaths related to suffocation, poisonings, and drownings 
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 the enactment of this Act, the Comptroller General shall 
report the findings to the Committee on Energy and Com-
merce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate. 
The report shall include— 
(1) the Comptroller General’s findings on the 
incidence of preventable risks of injuries and deaths
among children of minority populations and rec-
ommendations for minimizing such risks; 
(2) recommendations for public outreach, 
awareness, and prevention campaigns specifically 
aimed at racial minority populations; and 
(3) recommendations for education initiatives 
that may reduce statistical disparities. 
SEC. 107. REVIEW OF GENERALLY-APPLICABLE STANDARDS 
FOR TOYS. 
(a) ASSESSMENT.—The Commission shall examine 
and assess the effectiveness of the safety standard for 
toys, ASTM-International standard F963–07, or its suc-
cessor standard, to determine— 
(1) the scope of such standards, including the 
number and type of toys to which such standards 
apply; 
(2) the degree of adherence to such standards 
on the part of manufacturers; and 
(3) the adequacy of such standards in pro-
tecting children from safety hazards. 
(b) SPECIAL FOCUS ON MAGNETS.—In conducting 
the assessment required under subsection (a), the Com-
mission shall first examine the effectiveness of the F963– 
07 standard as it relates to intestinal blockage and per-
foration hazards caused by ingestion of magnets. If the
Commission determines based on the review that there is 
substantial noncompliance with such standard that creates 
an unreasonable risk of injury or hazard to children, the 
Commission shall expedite a rulemaking to consider the 
adoption, as a consumer product safety rule, of the vol-
untary safety standards contained within the ASTM 
F963-07, or its successor standard, that relate to intes-
tinal blockage and perforation hazards caused by ingestion 
of magnets. 
(c) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Commission shall report to 
Congress the findings of the study conducted pursuant to 
subsection (a). Such report shall include the Commission’s 
opinion regarding— 
(1) the feasibility of requiring manufacturer 
testing of all toys to such standards; and 
(2) whether promulgating consumer product 
safety rules that are substantially similar or more 
stringent than the standards described in such sub-
section would be beneficial to public health and safe-
ty.
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— 
‘‘(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 180 days 
after the date of enactment of this Act, the Commission 
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 and other 
full-time equivalents the Commission intends to em-
ploy; 
(2) the plan of the Commission for risk assess-
ment and inspection of imported consumer products; 
(3) an assessment of the feasibility of man-
dating bonds for serious hazards and repeat offend-
ers and Commission inspection and certification of 
foreign third-party and proprietary testing facilities; 
and 
(4) the efforts of the Commission to reach and 
educate retailers of second-hand products and infor-
mal sellers, such as thrift shops and yard sales, con-
cerning consumer product safety standards and 
product recalls, especially those relating to durable 
nursery products, in order to prevent the resale of 
any products that have been recalled, including the 
development of educational materials for distribution 
not later than 1 year after the date of enactment of 
this Act. 
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— 
(1) August 3, 2008, if the President nominates 
a person to fill a vacancy on the Commission prior 
to such date; or 
(2) the earlier of— 
(A) 3 months after the date on which the 
President nominates a person to fill a vacancy 
on the Commission after such date; or 
(B) February 3, 2009. 
(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 
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) ADVANCE
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’’;
(C) by striking ‘‘unless, not less than 60 
days after publication of the notice required in 
subsection (a), the’’ in subsection (c) and in-
serting ‘‘unless the’’; 
(D) by inserting ‘‘or notice of proposed 
rulemaking’’ after ‘‘advance notice of proposed 
rulemaking’’ in subsection (c); and 
(E) 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’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
5(a)(3) (15 U.S.C. 2054(a)(3)) is amended by strik-
ing ‘‘an advance notice of proposed rulemaking or’’. 
(b) RULEMAKING UNDER FEDERAL HAZARDOUS 
SUBSTANCES ACT.— 
(1) IN GENERAL.—Section 3(a)(1) of the Fed-
eral 
Hazardous 
Substances 
Act 
(15 
U.S.C. 
1262(a)(1)) is amended to read as follows: 
‘‘(1) Whenever in the judgment of the Commission 
such action will promote the objectives of this Act by 
avoiding or resolving uncertainty as to its application, the 
Commission may by regulation declare to be a hazardous 
substance, for the purposes of this Act, any substance or
mixture of substances, which the Commission finds meets 
the requirements section 2(f)(1)(A).’’. 
(2) PROCEDURE.— 
(A) Section 2(q)(2) of the Federal Haz-
ardous 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 provi-
sions of sections 701(e), (f), and (g) of the Fed-
eral 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 provi-
sions of subsections (f) through (i) of section 3 
of this Act, except that if’’. 
(B) Section 3(a)(2) of the Federal Haz-
ardous Substances Act (15 U.S.C. 1262(a)(2)) 
is amended to read as follows: 
‘‘(2) Proceedings for the issuance, amendment, or re-
peal of regulations under this subsection and the admissi-
bility of the record of such proceedings in other pro-
ceedings, shall be governed by the provisions of sub-
sections (f) through (i) of this section.’’.
(3) ADVANCE
NOTICE
OF
PROPOSED
RULE-
MAKING REQUIREMENT.—Section 3 of the Federal 
Hazardous Substances Act (15 U.S.C. 1262) is 
amended— 
(A) by striking ‘‘shall be commenced’’ in 
subsection (f) and inserting ‘‘may be com-
menced’’; 
(B) by striking ‘‘in the notice’’ in sub-
section (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 in-
serting ‘‘unless the’’. 
(4) CONFORMING AMENDMENTS.—The Federal 
Hazardous Substances Act (15 U.S.C. 1261 et seq.) 
is amended— 
(A) by striking subsection (d) of section 2 
and inserting the following: 
‘‘(d) 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 section 14(b), and inserting 
‘‘Commission’’; 
(D) by striking ‘‘he’’ and ‘‘his’’ each place 
they appear in reference to the Secretary and 
inserting ‘‘it’’ and ‘‘its’’, respectively; 
(E) by striking ‘‘Secretary of Health, Edu-
cation, and Welfare’’ each place it appears in 
section 10(b) (15 U.S.C. 1269(b)) and inserting 
‘‘Commission’’; 
(F) by striking ‘‘Secretary of Health, Edu-
cation, and Welfare’’ each place it appears in 
section 14 (15 U.S.C. 1273) and inserting 
‘‘Commission’’; 
(G) by striking ‘‘Department of Health, 
Education, and Welfare’’ in section 14(b) (15 
U.S.C. 1273(b)) and inserting ‘‘Commission’’; 
(H) by striking ‘‘Consumer Product Safety 
Commission’’ each place it appears and insert-
ing ‘‘Commission’’; and
(I) by striking ‘‘(hereinafter in this section 
referred to as the ‘Commission’)’’ in section 
20(a)(1) (15 U.S.C. 1275(a)(1)). 
(c) RULEMAKING UNDER THE 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’’ and 
inserting ‘‘may be commenced by a notice of 
proposed rulemaking or’’; 
(B) in subsection (i), by striking ‘‘unless, 
not less than 60 days after publication of the 
notice required in subsection (g), the’’ and in-
serting ‘‘unless the’’. 
(2) OTHER CONFORMING AMENDMENTS.—The 
Flammable Fabrics Act (15 U.S.C. 1193 et seq.) is 
further amended— 
(A) by striking subsection (i) of section 2 
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 ‘‘the Com-
mission’’;
(C) by striking ‘‘Secretary’’ each place it 
appears, except in sections 9 and 14, and in-
serting ‘‘Commission’’; 
(D) by striking ‘‘he’’ and ‘‘his’’ each place 
either term appears in reference to the sec-
retary and insert ‘‘it’’ and ‘‘its’’, respectively; 
(E) in section 4(e), by striking paragraph 
(5) and redesignating paragraph (6) as para-
graph (5); 
(F) in section 15, by striking ‘‘Consumer 
Product Safety Commission (hereinafter re-
ferred to as the ‘Commission’)’’ and inserting 
‘‘Commission’’; 
(G) by striking section 16(d) and inserting 
the following: 
‘‘(d) In this section, a reference to a flammability 
standard or other regulation for a fabric, related mate-
rials, or product in effect under this Act includes a stand-
ard of flammability continued in effect by section 11 of 
the Act of December 14, 1967 (Public Law 90–189).’’; 
and 
(H) in section 17, by striking ‘‘Consumer 
Product Safety Commission’’ and inserting 
‘‘Commission’’.
SEC. 205. PUBLIC DISCLOSURE OF INFORMATION. 
Section 6(b) (15 U.S.C. 2055(b)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘30 days’’ and inserting 
‘‘15 days’’; 
(B) by striking ‘‘finds that the public’’ and 
inserting ‘‘publishes a finding that the public’’; 
and 
(C) by striking ‘‘and publishes such a find-
ing in the Federal Register’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘10 days’’ and inserting ‘‘5 
days’’; 
(B) by striking ‘‘finds that the public’’ and 
inserting ‘‘publishes a finding that the public’’; 
and 
(C) by striking ‘‘and publishes such a find-
ing in the Federal Register’’; 
(3) in paragraph (4), by striking ‘‘section 19 
(related to prohibited acts)’’ and inserting ‘‘any con-
sumer product safety rule under or provision of this 
Act or similar rule under or provision of any other 
Act administered by the Commission’’; and 
(4) in paragraph (5)— 
(A) in subparagraph (B), by striking ‘‘; 
or’’ and inserting a semicolon;
(B) in subparagraph (C), by striking the 
period and inserting ‘‘; or’’; 
(C) by adding at the end the following: 
‘‘(D) the Commission publishes a finding that 
the public health and safety require public disclosure 
with a lesser period of notice than is required under 
paragraph (1).’’; and 
(D) in the matter following such subpara-
graph (as added by subparagraph (C)), by 
striking ‘‘section 19(a)’’ and inserting ‘‘any 
consumer product safety rule under this Act or 
similar rule under or provision of any other Act 
administered by the Commission’’. 
SEC. 206. PUBLICLY AVAILABLE INFORMATION ON INCI-
DENTS INVOLVING INJURY OR DEATH. 
(a) EVALUATION.—The Commission shall examine 
and assess the efficacy of the Injury Information Clearing-
house maintained by the Commission pursuant to section 
5(a) of the Consumer Product Safety Act (15 U.S.C. 
2054(a)). The Commission shall determine the volume and 
types of publicly available information on incidents involv-
ing consumer products that result in injury, illness, or 
death and the ease and manner in which consumers can 
access such information.
(b) IMPROVEMENT PLAN.—As a result of the study 
conducted under subsection (a), the Commission shall 
transmit to Congress, not later than 180 days after the 
date of enactment of this Act, a detailed plan for main-
taining and categorizing such information on a searchable 
Internet database to make the information more easily 
available and beneficial to consumers, with due regard for 
the protection of personal information. Such plan shall in-
clude the views of the Commission regarding whether ad-
ditional information, such as consumer complaints, hos-
pital or other medical reports, and warranty claims, should 
be included in the database. The plan submitted under 
this subsection shall include a detailed implementation 
schedule for the database, recommendations for any nec-
essary legislation, and plans for a public awareness cam-
paign to be conducted by the Commission to increase con-
sumer awareness of the database. 
SEC. 207. 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. 208. NOTIFICATION OF NONCOMPLIANCE WITH ANY 
COMMISSION-ENFORCED STATUTE. 
Section 15(b) (15 U.S.C. 2064(b)) is amended— 
(1) by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4), respectively; 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) fails to comply with any other rule affect-
ing health and safety promulgated by the Commis-
sion under the Federal Hazardous Substances Act, 
the Flammable Fabrics Act, or the Poison Preven-
tion Packaging Act;’’; and 
(3) by adding at the end the following sentence: 
‘‘A report provided under this paragraph (2) may 
not be used as the basis for criminal prosecution 
under section 5 of the Federal Hazardous Sub-
stances Act (15 U.S.C. 1264), except for offenses 
which require a showing of intent to defraud or mis-
lead.’’. 
SEC. 209. ENHANCED RECALL AUTHORITY AND CORREC-
TIVE ACTION PLANS. 
(a) ENHANCED RECALL AUTHORITY.—Section 15 
(15 U.S.C. 2064) is amended— 
(1) in subjection (c)— 
(A) by striking ‘‘if the Commission’’ and 
inserting ‘‘(1) If the Commission’’;
(B) by inserting ‘‘or if the Commission, 
after notifying the manufacturer, determines a 
product to be an imminently hazardous con-
sumer product and has filed an action under 
section 12,’’ after ‘‘from such substantial prod-
uct hazard,’’; 
(C) 
by 
redesignating 
paragraphs 
(1) 
through (3) as subparagraphs (D) through (F), 
respectively; 
(D) by inserting after ‘‘the following ac-
tions:’’ the following: 
‘‘(A) To cease distribution of the product. 
‘‘(B) To notify all persons that transport, store, 
distribute, or otherwise handle the product, or to 
which the product has been transported, sold, dis-
tributed, or otherwise handled, to cease immediately 
distribution of the product. 
‘‘(C) To notify appropriate State and local pub-
lic health officials.’’; and 
(E) by adding at the end the following: 
‘‘(2) If a district court determines, in an action filed 
under section 12, that the product that is the subject of 
such action is not an imminently hazardous consumer 
product, the Commission shall rescind any order issued 
under this subsection with respect to such product.’’.
(2) in subsection (f)— 
(A) by striking ‘‘An order’’ and inserting 
‘‘(1) Except as provided in paragraph (2), an 
order’’; and 
(B) by inserting at the end the following: 
‘‘(2) The requirement for a hearing in para-
graph (1) shall not apply to an order issued under 
subsection (c) relating to an imminently hazardous 
consumer product with regard to which the Commis-
sion has filed an action under section 12.’’. 
(b) CORRECTIVE ACTION PLANS.—Section 15(d) (15 
U.S.C. 2064(d)) is amended— 
(1) by inserting ‘‘(1)’’ after the subsection des-
ignation; 
(2) by redesignating paragraphs (1), (2), and 
(3) as subparagraphs (A), (B), and (C); 
(3) by striking ‘‘more (A)’’ in subparagraph 
(C), as redesignated, and inserting ‘‘more (i)’’; 
(4) by striking ‘‘or (B)’’ in subparagraph (C), 
as redesignated, and inserting ‘‘or (ii)’’; 
(5) by striking ‘‘An order under this subsection 
may’’ and inserting: 
‘‘(2) An order under this subsection shall’’; 
(6) by striking ‘‘, satisfactory to the Commis-
sion,’’ and inserting ‘‘, as promptly as practicable
under the circumstances, as determined by the Com-
mission, for approval by the Commission,’’; and 
(7) by adding at the end the following: 
‘‘(3)(A) If the Commission approves an action plan, 
it shall indicate its approval in writing. 
‘‘(B) If the Commission finds that an approved action 
plan is not effective or appropriate under the cir-
cumstances, or that the manufacturer, retailer, or dis-
tributor is not executing an approved action plan effec-
tively, the Commission may, by order, amend, or require 
amendment of, the action plan. In determining whether 
an approved plan is effective or appropriate under the cir-
cumstances, the Commission shall consider whether a re-
pair or replacement changes the intended functionality of 
the product. 
‘‘(C) If the Commission determines, after notice and 
opportunity for comment, that a manufacturer, retailer, 
or distributor has failed to comply substantially with its 
obligations under its action plan, the Commission may re-
voke its approval of the action plan.’’. 
(c) CONTENT OF NOTICE.—Section 15 is further 
amended by adding at the end the following: 
‘‘(i) Not later than 180 days after the date of enact-
ment of this Act, the Commission shall, by rule, establish 
guidelines setting forth a uniform class of information to
be included in any notice required under an order under 
subsection (c) or (d) of this section or under section 12. 
Such guidelines shall include any information that the 
Commission determines would be helpful to consumers 
in— 
‘‘(1) identifying the specific product that is sub-
ject to such an order; 
‘‘(2) understanding the hazard that has been 
identified with such product (including information 
regarding incidents or injuries known to have oc-
curred involving such product); and 
‘‘(3) understanding what remedy, if any, is 
available to a consumer who has purchased the prod-
uct.’’. 
SEC. 210. WEBSITE NOTICE, NOTICE TO THIRD PARTY 
INTERNET SELLERS, AND RADIO AND TELE-
VISION NOTICE. 
Section 15(c)(1) (15 U.S.C. 2064(c)(1)) is amended 
by inserting ‘‘, including posting clear and conspicuous no-
tice on its Internet website, providing notice to any third 
party Internet website on which such manufacturer, re-
tailer, or distributor has placed the product for sale, and 
announcements in languages other than English and on 
radio and television where the Commission determines 
that a substantial number of consumers to whom the recall
is directed may not be reached by other notice’’ after 
‘‘comply’’. 
SEC. 211. INSPECTION OF CERTIFIED PROPRIETARY LAB-
ORATORIES. 
Section 16(a)(1) is amended by striking ‘‘or (B)’’ and 
inserting ‘‘(B) any proprietary laboratories certified under 
section 14(e), or (C)’’. 
SEC. 212. IDENTIFICATION OF MANUFACTURER, IMPORT-
ERS, RETAILERS, AND DISTRIBUTORS. 
(a) IN GENERAL.—Section 16 (15 U.S.C. 2065) is 
further amended by adding at the end thereof the fol-
lowing: 
‘‘(c) Upon request by an officer or employee duly des-
ignated by the Commission— 
‘‘(1) every importer, retailer, or distributor of a 
consumer product (or other product or substance 
over which the Commission has jurisdiction under 
this or any other Act) shall identify the manufac-
turer of that product by name, address, or such 
other identifying information as the officer or em-
ployee may request, to the extent that such informa-
tion is in the possession of the importer, retailer, or 
distributor; and
‘‘(2) every manufacturer shall identify by name, 
address, or such other identifying information as the 
officer or employee may request— 
‘‘(A) each retailer or distributor to which 
the manufacturer directly supplied a given con-
sumer product (or other product or substance 
over which the Commission has jurisdiction 
under this or any other Act); 
‘‘(B) each subcontractor involved in the 
production or fabrication or such product or 
substance; and 
‘‘(C) each subcontractor from which the 
manufacturer obtained a component thereof.’’. 
(b) COMPLIANCE REQUIRED FOR IMPORTATION.— 
Section 17 (15 U.S.C. 2066) is amended— 
(1) in subsection (g), by striking ‘‘may’’ and in-
serting ‘‘shall’’; and 
(2) in subsection (h)(2), by striking ‘‘may’’ and 
inserting ‘‘shall, consistent with section 6,’’. 
SEC. 213. EXPORT OF RECALLED AND NON-CONFORMING 
PRODUCTS. 
(a) IN GENERAL.—Section 18 (15 U.S.C. 2067) is 
amended by adding at the end the following: 
‘‘(c) Notwithstanding any other provision of this sec-
tion, the Commission may prohibit, by order, a person
from exporting from the United States for purpose of sale 
any consumer product, or other product or substance that 
is regulated under any Act enforced by the Commission, 
that the Commission determines, after notice to the manu-
facturer— 
‘‘(1) is not in conformity with an applicable 
consumer product safety rule under this Act or a 
similar rule under any such other Act; 
‘‘(2) is subject to an order issued under section 
12 or 15 of this Act or designated as a banned haz-
ardous substance under the Federal Hazardous Sub-
stances Act (15 U.S.C. 1261 et seq.); or 
‘‘(3) is subject to a voluntary corrective action 
taken by the manufacturer, in consultation with the 
Commission, of which action the Commission has 
notified the public and that would have been subject 
to a mandatory corrective action under this or an-
other Act enforced by the Commission if voluntary 
action had not been taken by the manufacturer, 
unless the importing country has notified the Commission 
that such country accepts the importation of such product, 
provided that if the importing country has not so notified 
the Commission within 30 days after the Commission has 
provided notice to the importing country of the impending 
shipment, the Commission may take such action as is ap-
propriate with respect to the disposition of the product 
under the circumstances.’’. 
(b) PROHIBITED ACT.—Section 19(a)(10) (15 U.S.C. 
2068(a)(10)) is amended by striking the period at the end 
and inserting ‘‘ or violate an order of the Commission 
issued under section 18(c); or’’. 
(c) CONFORMING AMENDMENTS TO OTHER ACTS.— 
(1) FEDERAL HAZARDOUS SUBSTANCES ACT.— 
Section 5(b)(3) of the Federal Hazardous Sub-
stances Act (15 U.S.C. 1264(b)(3)) is amended by 
striking ‘‘substance presents an unreasonable risk of 
injury to persons residing in the United States’’ and 
inserting ‘‘substance is prohibited under section 
18(c) of the Consumer Product Safety Act,’’. 
(2) FLAMMABLE FABRICS ACT.—Section 15 of 
the Flammable Fabrics Act (15 U.S.C. 1202) is 
amended by adding at the end the following: 
‘‘(d) Notwithstanding any other provision of this sec-
tion, the Consumer Product Safety Commission may pro-
hibit, by order, a person from exporting from the United 
States for purpose of sale any fabric, related material, or 
product that the Commission determines, after notice to 
the manufacturer—
‘‘(1) is not in conformity with an applicable 
consumer product safety rule under the Consumer 
Product Safety Act or with a rule under this Act; 
‘‘(2) is subject to an order issued under section 
12 or 15 of the Consumer Product Safety Act or 
designated as a banned hazardous substance under 
the Federal Hazardous Substances Act (15 U.S.C. 
1261 et seq.); or 
‘‘(3) is subject to a voluntary corrective action 
taken by the manufacturer, in consultation with the 
Commission, of which action the Commission has 
notified the public and that would have been subject 
to a mandatory corrective action under this or an-
other Act enforced by the Commission if voluntary 
action had not been taken by the manufacturer, 
unless the importing country has notified the Commission 
that such country accepts the importation of such product, 
provided that if the importing country has not so notified 
the Commission within 30 days after the Commission has 
provided notice to the importing country of the impending 
shipment, the Commission may take such action as is ap-
propriate with respect to the disposition of the product 
under the circumstances.’’.
SEC. 214. PROHIBITION ON SALE OF RECALLED PRODUCTS. 
Section 19(a) (as amended by section 210) (15 
U.S.C. 2068(a)) is further amended— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) sell, offer for sale, manufacture for sale, 
distribute in commerce, or import into the United 
States any consumer product, or other product or 
substance that is regulated under any other Act en-
forced by the Commission, that is— 
‘‘(A) not in conformity with an applicable 
consumer product safety standard under this 
Act, or any similar rule under any such other 
Act; 
‘‘(B) subject to voluntary corrective action 
taken by the manufacturer, in consultation with 
the Commission, of which action the Commis-
sion has notified the public; 
‘‘(C) subject to an order issued under sec-
tion 12 or 15 of this Act; or 
‘‘(D) designated a banned hazardous sub-
stance under the Federal Hazardous Sub-
stances Act (15 U.S.C. 1261 et seq.);’’; 
(2) by striking ‘‘or’’ after the semicolon in 
paragraph (7);
(3) by striking ‘‘and’’ after the semicolon in 
paragraph (8); and 
(4) by striking ‘‘insulation).’’ in paragraph (9) 
and inserting ‘‘insulation);’’. 
SEC. 215. INCREASED CIVIL PENALTY. 
(a) MAXIMUM CIVIL PENALTIES OF THE CONSUMER 
PRODUCT SAFETY COMMISSION.— 
(1) INITIAL INCREASE IN MAXIMUM CIVIL PEN-
ALTIES.— 
(A) 
TEMPORARY
INCREASE.—Notwith-
standing the dollar amounts specified for max-
imum 
civil 
penalties 
specified 
in 
section 
20(a)(1) of the Consumer Product Safety Act 
(15 U.S.C. 2069(a)(1)), section 5(c)(1) of the 
Federal Hazardous Substances Act, and section 
5(e)(1) of the Flammable Fabrics Act (15 
U.S.C. 1194(e)(1)), the maximum civil pen-
alties for any violation specified in such sections 
shall be $5,000,000, beginning on the date that 
is the earlier of the date on which final regula-
tions are issued under section 3(b) or 360 days 
after the date of enactment of this Act. 
(B) EFFECTIVE
DATE.—Paragraph (1) 
shall cease to be in effect on the date on which
the amendments made by subsection (b)(1) 
shall take effect. 
(2) PERMANENT INCREASE IN MAXIMUM CIVIL 
PENALTIES.— 
(A) AMENDMENTS.— 
(i) 
CONSUMER
PRODUCT
SAFETY 
ACT.—Section 
20(a)(1) 
(15 
U.S.C. 
2069(a)(1)) 
is 
amended 
by 
striking 
‘‘$1,250,000’’ both places it appears and 
inserting ‘‘$10,000,000’’. 
(ii) 
FEDERAL
HAZARDOUS
SUB-
STANCES ACT.—Section 5(c)(1) of the Fed-
eral Hazardous Substances Act (15 U.S.C. 
1264(c)(1)) 
is 
amended 
by 
striking 
‘‘$1,250,000’’ both places it appears and 
inserting ‘‘$10,000,000’’. 
(iii) FLAMMABLE FABRICS ACT.—Sec-
tion 5(e)(1) of the Flammable Fabrics Act 
(15 U.S.C. 1194(e)(1)) is amended by 
striking 
‘‘$1,250,000’’ 
and 
inserting 
‘‘$10,000,000’’. 
(B) EFFECTIVE DATE.—The amendments 
made by paragraph (1) shall take effect on the 
date that is 1 year after the earlier of—
(i) the date on which final regulations 
are issued pursuant to section 3(b); or 
(ii) 360 days after the date of enact-
ment of this Act. 
(b) DETERMINATION OF PENALTIES BY THE CON-
SUMER PRODUCT SAFETY COMMISSION.— 
(1) FACTORS TO BE CONSIDERED.— 
(A) CONSUMER PRODUCT SAFETY ACT.— 
Section 20(b) (15 U.S.C. 2069(b)) is amend-
ed— 
(i) by inserting ‘‘the nature, cir-
cumstances, extent, and gravity of the vio-
lation, including’’ after ‘‘shall consider’’; 
(ii) by striking ‘‘products distributed, 
and’’ and inserting ‘‘products distrib-
uted,’’; and 
(iii) by inserting ‘‘, and such other 
factors as appropriate’’ before the period. 
(B) FEDERAL
HAZARDOUS
SUBSTANCES 
ACT.—Section 5(c)(3) of the Federal Haz-
ardous Substances Act (15 U.S.C. 1264(c)(3)) 
is amended— 
(i) by inserting ‘‘the nature, cir-
cumstances, extent ,and gravity of the vio-
lation, including’’ after ‘‘shall consider’’;
(ii) by striking ‘‘substance distributed, 
and’’ and inserting ‘‘substance distrib-
uted,’’; and 
(iii) by inserting ‘‘, and such other 
factors as appropriate’’ before the period. 
(C) FLAMMABLE
FABRICS
ACT.—Section 
5(e)(2) of the Flammable Fabrics Act (15 
U.S.C. 1194(e)(2)) is amended— 
(i) by striking ‘‘nature and number’’ 
and inserting ‘‘nature, circumstances, ex-
tent, and gravity’’; 
(ii) by striking ‘‘absence of injury, 
and’’ and inserting ‘‘absence of injury,’’; 
and 
(iii) by inserting ‘‘, and such other 
factors as appropriate’’ before the period. 
(2) REGULATIONS.—Not later than 1 year after 
the date of enactment of this Act, and in accordance 
with the procedures of section 553 of title 5, United 
States Code, the Commission shall issue a final reg-
ulation providing its interpretation of the penalty 
factors described in section 20(b) of the Consumer 
Product Safety Act (15 U.S.C. 2069(b)), section 
5(c)(3) of the Federal Hazardous Substances Act 
(15 U.S.C. 1264(c)(3)), and section 5(e)(2) of the
Flammable Fabrics Act (15 U.S.C. 1194(e)(2)), as 
amended by subsection (a). 
SEC. 216. CRIMINAL PENALTIES TO INCLUDE ASSET FOR-
FEITURE. 
Section 21 (15 U.S.C. 2070) is amended by adding 
at the end thereof the following: 
‘‘(c)(1) In addition to the penalty provided by sub-
section (a), the penalty for a criminal violation of this Act 
or any other Act enforced by the Commission may include 
the forfeiture of assets associated with the violation. 
‘‘(2) In this subsection, the term ‘criminal violation’ 
means a violation of this Act of any other Act enforced 
by the Commission for which the violator is sentenced 
under this section, section 5(a) of the Federal hazardous 
Substances Act (15 U.S.C. 2064(a)), or section 7 of the 
Flammable Fabrics Act (15 U.S.C. 1196).’’. 
SEC. 217. ENFORCEMENT BY STATE ATTORNEYS GENERAL. 
Section 24 (15 U.S.C. 2073) is amended— 
(1) in the section heading, by striking ‘‘PRI-
VATE’’ and inserting ‘‘ADDITIONAL’’; 
(2) by striking ‘‘Any interested person’’ and in-
serting ‘‘(a) Any interested person’’; and 
(3) by striking ‘‘No separate suit’’ and all that 
follows and inserting the following:
‘‘(b)(1) The attorney general of a State, alleging a 
violation of section 19(a) that affects or may affect such 
State or its residents may bring an action on behalf of 
the residents of the State in any United States district 
court for the district in which the defendant is found or 
transacts business to enforce a consumer product safety 
rule or an order under section 15, and to obtain appro-
priate injunctive relief. 
‘‘(2) Not less than thirty days prior to the commence-
ment of such action, the attorney general shall give notice 
by registered mail to the Commission, to the Attorney 
General, and to the person against whom such action is 
directed. Such notice shall state the nature of the alleged 
violation of any such standard or order, the relief to be 
requested, and the court in which the action will be 
brought. The Commission shall have the right— 
‘‘(A) to intervene in the action; 
‘‘(B) upon so intervening, to be heard on all 
matters arising therein; 
‘‘(C) and to file petitions for appeal. 
‘‘(c) No separate suit shall be brought under this sec-
tion if at the time the suit is brought the same alleged 
violation is the subject of a pending civil or criminal action 
by the United States under this Act. In any action under 
this section the court may in the interest of justice award
the costs of suit, including reasonable attorneys’ fees (de-
termined in accordance with section 11(f)) and reasonable 
expert witnesses’ fees.’’. 
SEC. 218. EFFECT OF RULES ON PREEMPTION. 
In issuing any rule or regulation in accordance with 
its statutory authority, the Commission shall not seek to 
expand or contract the scope, or limit, modify, interpret, 
or extend the application of sections 25 and 26 of the Con-
sumer Products Safety Act (15 U.S.C. 2074 and 2075, 
respectively), section 18 of the Federal Hazardous Sub-
stances Act (15 U.S.C. 1261), section 7 of the Poison Pre-
vention Packaging Act (15 U.S.C. 1476), or section 16 
of the Flammable Fabrics Act (15 U.S.C. 1203) with re-
gard to the extent to which each such Act preempts, limits, 
or otherwise affects any other Federal, State, or local law, 
or limits or otherwise affects any cause of action under 
State or local law. 
SEC. 219. SHARING OF INFORMATION WITH FEDERAL, 
STATE, LOCAL, AND FOREIGN GOVERNMENT 
AGENCIES. 
Section 29 (15 U.S.C. 2078) is amended by adding 
at the end the following: 
‘‘(f)(1) The Commission may make information ob-
tained by the Commission under this Act available (con-
sistent with the requirements of section 6) to any Federal,
‘‘(4) 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 polit-
ical subdivision of a foreign state, or a multinational 
organization constituted by and comprised of foreign 
states, that is vested with law enforcement or inves-
tigative authority in civil, criminal, or administrative 
matters; and 
‘‘(B) any multinational organization, to the ex-
tent that it is acting on behalf of an entity described 
in subparagraph (A). 
‘‘(g) Whenever the Commission is notified of any vol-
untary recall of any consumer product self-initiated by a 
manufacturer (or a retailer in the case of a retailer selling 
a product under its own label), or issues an order under 
section 15(c) or (d) with respect to any product, the Com-
mission shall notify each State’s health department or 
other agency designated by the State of the recall or 
order.’’. 
SEC. 220. INSPECTOR GENERAL AUTHORITY AND ACCESSI-
BILITY. 
(a) REPORT.—Not later than 60 days after the date 
of the enactment of this Act, the Inspector General of the 
Commission shall transmit a report to Congress on the
activities of the Inspector General, any structural barriers 
which prevent the Inspector General from providing robust 
oversight of the activities of the Commission, and any ad-
ditional authority or resources that would facilitate more 
effective oversight. 
(b) EMPLOYEE COMPLAINTS.— 
(1) IN
GENERAL.—The Inspector General of 
the Commission shall conduct a review of— 
(A) complaints received by the Inspector 
General from employees of the Commission 
about violations of rules, regulations, or the 
provisions of any Act enforced by the Commis-
sion; and 
(B) the process by which corrective action 
plans are negotiated with such employees by the 
Commission, including an assessment of the 
length of time for these negotiations and the ef-
fectiveness of the plans. 
(2) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Inspector General 
shall transmit a report to the Commission and to 
Congress setting forth the Inspector General’s find-
ings, conclusions, actions taken in response to em-
ployee complaints, and recommendations.
(c) COMPLAINT PROCEDURE.—Not later than 30 
days after the date of enactment of this Act the Commis-
sion shall establish and maintain on the homepage of the 
Commission’s Internet website a mechanism by which in-
dividuals may anonymously report incidents of waste, 
fraud, or abuse with respect to the Commission. 
SEC. 221. 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. 
SEC. 222. INDUSTRY-SPONSORED TRAVEL BAN. 
The Consumer Product Safety Act (15 U.S.C. 1251 
et seq.) is amended by adding at the end the following 
new section: 
‘‘SEC. 38. PROHIBITION ON INDUSTRY-SPONSORED TRAVEL. 
‘‘(a) PROHIBITION.—Notwithstanding section 1353 
of title 31, United States Code, no Commissioner or em-
ployee of the Commission shall accept travel, subsistence, 
and related expenses with respect to attendance by a Com-
missioner or employee at any meeting or similar function 
relating to official duties of a Commissioner or an em-
ployee, from a person— 
‘‘(1) seeking official action from, doing business 
with, or conducting activities regulated by, the Com-
mission; or
‘‘(2) whose interests may be substantially af-
fected by the performance or nonperformance of the 
Commissioner’s or employee’s official duties. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS FOR OF-
FICIAL TRAVEL.—There are authorized to be appro-
priated, for each of fiscal years 2009 through 2011, 
$1,200,000 to the Commission for certain travel and lodg-
ing expenses necessary in furtherance of the official duties 
of Commissioners and employees.’’. 
SEC. 223. ANNUAL REPORTING REQUIREMENT. 
Section 27(j) (15 U.S.C. 2076(j)) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘The Commission’’ and inserting ‘‘Notwith-
standing section 3003 of the Federal Reports Elimi-
nation and Sunset Act of 1995 (31 U.S.C. 1113 
note), the Commission’’; and 
(2) by redesignating paragraphs (5) through 
(11) as paragraphs (6) through (12), respectively 
and inserting after paragraph (4) the following: 
‘‘(5) the number and summary of recall orders 
issued under section 12 or 15 during such year and 
a summary of voluntary actions taken by manufac-
turers of which the Commission has notified the 
public, and an assessment of such orders and ac-
tions;’’.
SEC. 224. STUDY ON THE EFFECTIVENESS OF AUTHORITY 
RELATING TO IMPORTED PRODUCTS. 
The Commission shall study the effectiveness of sec-
tion 17(a) of the Consumer Product Safety Act (15 U.S.C. 
2066(a)), specifically paragraphs (3) and (4) of such sec-
tion, to determine a specific strategy to increase the effec-
tiveness of the Commission’s ability to stop unsafe prod-
ucts from entering the United States. The Commission 
shall submit a report to Congress not later than 9 months 
after enactment of this Act, which shall include rec-
ommendations regarding additional authority the Commis-
sion needs to implement such strategy, including any nec-
essary legislation. 
Passed the House of Representatives December 19, 
2007. 
Attest: 
Clerk.
110TH CONGRESS 
1ST SESSION 
H. R. 4040 
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.