order to improve the effectiveness of manufac-
turer 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 provided to con-
sumers 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 informa-
tion; 
(C) be attached to the surface of each dura-
ble infant or toddler product so that, as a prac-
tical matter, the consumer must notice and han-
dle 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; 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
(F) include an option for consumers to reg-
ister 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 sec-
tion shall require each manufacturer of a durable in-
fant or toddler product to maintain a record of reg-
istrants for each product manufactured that includes 
all of the information provided by each consumer reg-
istered, and to use such information to notify 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 pe-
riod of not less than 6 years after the date of manu-
facture of the product. Consumer information collected 
by a manufacturer under this Act may not be used 
by the manufacturer, nor disseminated by such man-
ufacturer to any other party, for any purpose other 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
than notification to such consumer 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 fa-
cilitating product recalls and whether such registra-
tion forms should be required for other children’s 
products. Not later than 4 years after the date of en-
actment 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 chil-
dren 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 confining 
a child; 
(F) play yards; 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
(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, 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 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
catalogues or other distributed materials, shall in-
clude the appropriate cautionary statement required 
under such subsections in its entirety displayed on or 
immediately adjacent to such advertisement. Such 
cautionary statement shall be displayed in the lan-
guage 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 regu-
lation thereto). 
‘‘(2) ENFORCEMENT.—The requirement in para-
graph (1) shall be treated as a consumer product safe-
ty rule promulgated under section 7 of the Consumer 
Product Safety Act (15 U.S.C. 2056) and the publica-
tion 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-
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
priate relative to the size and placement of the adver-
tisements in such printed materials. The Commission 
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 children 
of minority populations, including Black, Hispanic, Amer-
ican Indian, Alaskan native, and Asian/Pacific Islander 
children in the United States. The Comptroller General 
shall consult with the Commission as necessary. 
(b) REQUIREMENTS.—The study shall examine the ra-
cial disparities of the rates of preventable injuries and 
deaths related to suffocation, poisonings, and drownings as-
sociated with the use of cribs, mattresses and bedding mate-
rials, swimming pools and spas, and toys and other prod-
ucts intended for use by children. 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
(c) REPORT.—Not later than 1 year after the date of 
the enactment of this Act, the Comptroller General shall re-
port 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 in-
cidence of preventable risks of injuries and deaths 
among children of minority populations and rec-
ommendations for minimizing such risks; 
(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 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 successor 
standard, to determine— 
(1) the scope of such standards, including the 
number and type of toys to which such standards 
apply; 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
(2) the degree of adherence to such standards on 
the part of manufacturers; and 
(3) the adequacy of such standards in protecting 
children from safety hazards. 
(b) SPECIAL FOCUS ON MAGNETS.—In conducting the 
assessment required under subsection (a), the Commission 
shall first examine the effectiveness of the F963–07 standard 
as it relates to intestinal blockage and perforation hazards 
caused by ingestion of magnets. If the Commission deter-
mines based on the review that there is substantial non-
compliance with such standard that creates an unreason-
able 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 voluntary safety stand-
ards contained within the ASTM F963-07, or its successor 
standard, that relate to intestinal 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 Con-
gress the findings of the study conducted pursuant to sub-
section (a). Such report shall include the Commission’s 
opinion regarding— 
(1) the feasibility of requiring manufacturer test-
ing of all toys to such standards; and 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
(2) whether promulgating consumer product safe-
ty rules that are substantially similar or more strin-
gent than the standards described in such subsection 
would be beneficial to public health and safety. 
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 subsection 
(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, reconstruction, re-equipping, 
and making other necessary capital improvements to the 
Commission’s research, development, and testing facility 
(including bringing the facility into compliance with appli-
cable environmental, safety, and accessibility standards).’’. 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
(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 in-
clude— 
(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 mandating 
bonds for serious hazards and repeat offenders 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 prod-
uct recalls, especially those relating to durable nurs-
ery products, in order to prevent the resale of any 
products that have been recalled, including the devel-
opment of educational materials for distribution not 
later than 1 year after the date of enactment of this 
Act. 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
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 con-
stitute a quorum for the transaction of business for the pe-
riod 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 comply 
with the requirements of section 27(k) of the Consumer 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
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 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. 204. EXPEDITED RULEMAKING. 
(a) RULEMAKING UNDER THE CONSUMER PRODUCT 
SAFETY ACT.— 
(1) ADVANCE NOTICE OF PROPOSED RULEMAKING 
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’’; 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
(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 inserting ‘‘or notice of proposed rule-
making’’ after ‘‘advance notice of proposed rule-
making’’ 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 striking ‘‘an 
advance notice of proposed rulemaking or’’. 
(b) RULEMAKING UNDER FEDERAL HAZARDOUS SUB-
STANCES ACT.— 
(1) IN GENERAL.—Section 3(a)(1) of the Federal 
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 Commis-
sion may by regulation declare to be a hazardous substance, 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
for the purposes of this Act, any substance or mixture of 
substances, which the Commission finds meets the require-
ments 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 proceedings, 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
shall be governed by the provisions of subsections (f) through 
(i) of this section.’’. 
(3) ADVANCE NOTICE OF PROPOSED RULEMAKING 
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 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) 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)); 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
(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 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’’; 
(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 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
(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 pro-
posed rulemaking or’’; 
(B) in subsection (i), by striking ‘‘unless, 
not less than 60 days after publication of the no-
tice required in subsection (g), the’’ and insert-
ing ‘‘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’’; 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
(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 (re-
lated 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; 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
(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 strik-
ing ‘‘section 19(a)’’ and inserting ‘‘any consumer 
product safety rule under this Act or similar 
rule under or provision of any other Act admin-
istered 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 Clearinghouse 
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 pub-
licly available information on incidents involving consumer 
products that result in injury, illness, or death and the ease 
and manner in which consumers can access such informa-
tion. 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
(b) IMPROVEMENT PLAN.—As a result of the study con-
ducted under subsection (a), the Commission shall transmit 
to Congress, not later than 180 days after the date of enact-
ment of this Act, a detailed plan for maintaining and cat-
egorizing such information on a searchable Internet data-
base to make the information more easily available and ben-
eficial to consumers, with due regard for the protection of 
personal information. Such plan shall include the views of 
the Commission regarding whether additional information, 
such as consumer complaints, hospital or other medical re-
ports, and warranty claims, should be included in the data-
base. The plan submitted under this subsection shall include 
a detailed implementation schedule for the database, rec-
ommendations for any necessary legislation, and plans for 
a public awareness campaign to be conducted by the Com-
mission to increase consumer 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. 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
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 affecting 
health and safety promulgated by the Commission 
under the Federal Hazardous Substances Act, the 
Flammable Fabrics Act, or the Poison Prevention 
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 Substances Act 
(15 U.S.C. 1264), except for offenses which require a 
showing of intent to defraud or mislead.’’. 
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’’; 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
(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 sec-
tion 12,’’ after ‘‘from such substantial product 
hazard,’’; 
(C) 
by 
redesignating 
paragraphs 
(1) 
through (3) as subparagraphs (D) through (F), 
respectively; 
(D) by inserting after ‘‘the following 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, distrib-
uted, or otherwise handled, to cease immediately dis-
tribution 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.’’. 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
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 notice 
on its Internet website, providing notice to any third party 
Internet website on which such manufacturer, retailer, or 
distributor has placed the product for sale, and announce-
ments in languages other than English and on radio and 
television where the Commission determines that a substan-
tial number of consumers to whom the recall is directed 
may not be reached by other notice’’ after ‘‘comply’’. 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
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 fur-
ther amended by adding at the end thereof the following: 
‘‘(c) Upon request by an officer or employee duly des-
ignated by the Commission— 
‘‘(1) every importer, retailer, or distributor of a 
consumer product (or other product or substance over 
which the Commission has jurisdiction under this or 
any other Act) shall identify the manufacturer of that 
product by name, address, or such other identifying 
information as the officer or employee may request, to 
the extent that such information is 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 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
over which the Commission has jurisdiction 
under this or any other Act); 
‘‘(B) each subcontractor involved in the pro-
duction or fabrication or such product or sub-
stance; and 
‘‘(C) each subcontractor from which the 
manufacturer obtained a component thereof.’’. 
(b) COMPLIANCE REQUIRED FOR IMPORTATION.—Sec-
tion 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 reg-
ulated under any Act enforced by the Commission, that the 
Commission determines, after notice to the manufacturer— 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
‘‘(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 no-
tified the public and that would have been subject to 
a mandatory corrective action under this or another 
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 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
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 Substances 
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 des-
ignated as a banned hazardous substance under the 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
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 no-
tified the public and that would have been subject to 
a mandatory corrective action under this or another 
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, dis-
tribute in commerce, or import into the United States 
any consumer product, or other product or substance 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
that is regulated under any other Act enforced 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 Commission 
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 Substances 
Act (15 U.S.C. 1261 et seq.);’’; 
(2) by striking ‘‘or’’ after the semicolon in para-
graph (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.— 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
(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 Haz-
ardous Substances Act, and section 5(e)(1) of the 
Flammable Fabrics Act (15 U.S.C. 1194(e)(1)), 
the maximum civil penalties for any violation 
specified in such sections shall be $5,000,000, be-
ginning on the date that is the earlier of the date 
on which final regulations are issued under sec-
tion 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 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
‘‘$1,250,000’’ both places it appears and in-
serting ‘‘$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 in-
serting ‘‘$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 strik-
ing 
‘‘$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 amended— 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
(i) by inserting ‘‘the nature, cir-
cumstances, extent, and gravity of the viola-
tion, including’’ after ‘‘shall consider’’; 
(ii) by striking ‘‘products distributed, 
and’’ and inserting ‘‘products distributed,’’; 
and 
(iii) by inserting ‘‘, and such other fac-
tors as appropriate’’ before the period. 
(B) FEDERAL
HAZARDOUS
SUBSTANCES 
ACT.—Section 5(c)(3) of the Federal Hazardous 
Substances Act (15 U.S.C. 1264(c)(3)) is amend-
ed— 
(i) by inserting ‘‘the nature, cir-
cumstances, extent ,and gravity of the viola-
tion, including’’ after ‘‘shall consider’’; 
(ii) by striking ‘‘substance distributed, 
and’’ and inserting ‘‘substance distrib-
uted,’’; and 
(iii) by inserting ‘‘, and such other fac-
tors 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— 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
(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 fac-
tors 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 regu-
lation providing its interpretation of the penalty fac-
tors described in section 20(b) of the Consumer Prod-
uct 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 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
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 Sub-
stances Act (15 U.S.C. 2064(a)), or section 7 of the Flam-
mable 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 ‘‘PRIVATE’’ 
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 vio-
lation of section 19(a) that affects or may affect such State 
or its residents may bring an action on behalf of the resi-
dents 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 appropriate injunc-
tive relief. 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
‘‘(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 Gen-
eral, and to the person against whom such action is di-
rected. Such notice shall state the nature of the alleged vio-
lation of any such standard or order, the relief to be re-
quested, 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 viola-
tion 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 (deter-
mined in accordance with section 11(f)) and reasonable ex-
pert 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-
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
sumer Products Safety Act (15 U.S.C. 2074 and 2075, re-
spectively), section 18 of the Federal Hazardous Substances 
Act (15 U.S.C. 1261), section 7 of the Poison Prevention 
Packaging Act (15 U.S.C. 1476), or section 16 of the Flam-
mable Fabrics Act (15 U.S.C. 1203) with regard to the ex-
tent 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, 
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 under-
standing with the Commission or by other written certifi-
cation, that such material will be maintained in confidence 
and will be used only for official law enforcement or con-
sumer protection purposes, if— 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
‘‘(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 
States and the foreign law enforcement agency’s 
government; and 
‘‘(C) in the case of a foreign government agency, 
such agency is not from a foreign state that the Sec-
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
retary of State has determined, in accordance with 
section 6(j) of the Export Administration Act of 1979 
(50 U.S.C. App. 2405(j)), has repeatedly provided 
support for acts of international terrorism, unless and 
until such determination is rescinded pursuant to sec-
tion 6(j)(4) of that Act (50 U.S.C. App. 2405(j)(4)). 
‘‘(2) The Commission may abrogate any agree-
ment or memorandum of understanding entered into 
under paragraph (1) if the Commission determines 
that the agency with which such agreement or memo-
randum of understanding was entered into has failed 
to maintain in confidence any information provided 
under such agreement or memorandum of under-
standing, or has used any such information for pur-
poses other than those set forth in such agreement or 
memorandum of understanding. 
‘‘(3)(A) Except as provided in subparagraph (B) 
of this paragraph, the Commission shall not be re-
quired to disclose under section 552 of title 5, United 
States Code, or any other provision of law— 
‘‘(i) any material obtained from a foreign 
government agency, if the foreign government 
agency has requested confidential treatment, or 
has precluded such disclosure under other use 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
tigative authority in civil, criminal, or administra-
tive 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 ac-
tivities of the Inspector General, any structural barriers 
which prevent the Inspector General from providing robust 
oversight of the activities of the Commission, and any addi-
tional authority or resources that would facilitate more ef-
fective oversight. 
(b) EMPLOYEE COMPLAINTS.— 
(1) IN GENERAL.—The Inspector General of the 
Commission shall conduct a review of— 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
(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 Commission; 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 Commission shall 
establish and maintain on the homepage of the Commis-
sion’s Internet website a mechanism by which individuals 
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. 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
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 employee 
of the Commission shall accept travel, subsistence, and re-
lated expenses with respect to attendance by a Commis-
sioner or employee at any meeting or similar function relat-
ing to official duties of a Commissioner or an employee, 
from a person— 
‘‘(1) seeking official action from, doing business 
with, or conducting activities regulated by, the Com-
mission; or 
‘‘(2) whose interests may be substantially affected 
by the performance or nonperformance of the Com-
missioner’s or employee’s official duties. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS FOR OFFI-
CIAL TRAVEL.—There are authorized to be appropriated, 
for each of fiscal years 2009 through 2011, $1,200,000 to 
the Commission for certain travel and lodging expenses nec-
essary 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— 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
(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 in-
serting 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 pub-
lic, and an assessment of such orders and actions;’’. 
SEC. 224. STUDY ON THE EFFECTIVENESS OF AUTHORITY 
RELATING TO IMPORTED PRODUCTS. 
The Commission shall study the effectiveness of section 
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 products 
from entering the United States. The Commission shall sub-
mit a report to Congress not later than 9 months after en-
actment of this Act, which shall include recommendations 
regarding additional authority the Commission needs to 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS
implement such strategy, including any necessary legisla-
tion. 
VerDate Aug 31 2005 
22:05 Dec 19, 2007
Jkt 069200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6203
E:\BILLS\H4040.RH
H4040
hsrobinson on PROD1PC76 with BILLS