S. 2045 (110th): CPSC Reform Act of 2007

110^th Congress, 2007–2009. Text as of Dec 05, 2007 (Reported by Senate Committee).

S 2045 RS

Calendar No. 523

110th CONGRESS

1st Session

S. 2045

To reform the Consumer Product Safety Commission to provide greater protection for children's products, to improve the screening of noncompliant consumer products, to improve the effectiveness of consumer product recall programs, and for other purposes.

IN THE SENATE OF THE UNITED STATES

September 12, 2007

Mr. PRYOR (for himself, Mr. INOUYE, Ms. KLOBUCHAR, Mr. DURBIN, Mr. NELSON of Florida, Mr. BROWN, Mr. SCHUMER, Mr. MENENDEZ, and Mr. CASEY) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

December 5, 2007

Reported by Mr. INOUYE, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

[Struck out->] `SECTION 1. SHORT TITLE; TABLE OF CONTENTS.` [<-Struck out]

[Struck out->] (a) SHORT TITLE- This Act may be cited as the `CPSC Reform Act of 2007'. [<-Struck out]

[Struck out->] (b) TABLE OF CONTENTS- The table of contents for this Act is as follows: [<-Struck out]

[Struck out->] Sec. 1. Short title; table of contents. [<-Struck out]

[Struck out->] Sec. 2. Amendment of Consumer Product Safety Act. [<-Struck out]

[Struck out->] Sec. 3. Reauthorization. [<-Struck out]

[Struck out->] Sec. 4. Personnel. [<-Struck out]

[Struck out->] Sec. 5. Full Commission requirement; interim quorum. [<-Struck out]

[Struck out->] Sec. 6. Submission of copy of certain documents to Congress. [<-Struck out]

[Struck out->] Sec. 7. Public disclosure of information. [<-Struck out]

[Struck out->] Sec. 8. Rulemaking. [<-Struck out]

[Struck out->] Sec. 9. Prohibition on stockpiling under other Commission-enforced statutes. [<-Struck out]

[Struck out->] Sec. 10. Third party certification of children's products. [<-Struck out]

[Struck out->] Sec. 11. Tracking labels for products for children. [<-Struck out]

[Struck out->] Sec. 12. Substantial product hazard reporting requirement. [<-Struck out]

[Struck out->] Sec. 13. Corrective action plans. [<-Struck out]

[Struck out->] Sec. 14. Identification of manufacturer by importers, retailers, and distributors. [<-Struck out]

[Struck out->] Sec. 15. Repeated importation offenses. [<-Struck out]

[Struck out->] Sec. 16. Prohibited acts. [<-Struck out]

[Struck out->] Sec. 17. Penalties. [<-Struck out]

[Struck out->] Sec. 18. Preemption. [<-Struck out]

[Struck out->] Sec. 19. Sharing of information with Federal, State, local, and foreign agencies. [<-Struck out]

[Struck out->] Sec. 20. Bonding. [<-Struck out]

[Struck out->] Sec. 21. Enforcement by State attorneys general. [<-Struck out]

[Struck out->] Sec. 22. Whistleblower protection for manufacturers' employees. [<-Struck out]

[Struck out->] Sec. 23. Ban on children's products containing lead; lead paint rule. [<-Struck out]

[Struck out->] Sec. 24. Cost-benefit analysis under the Poison Prevention Packaging Act of 1970. [<-Struck out]

[Struck out->] Sec. 25. Completion of upholstered furniture rulemaking. [<-Struck out]

[Struck out->] `SEC. 2. AMENDMENT OF CONSUMER PRODUCT SAFETY ACT.` [<-Struck out]

[Struck out->] Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Consumer Product Safety Act (15 U.S.C. 2051 et seq.). [<-Struck out]

[Struck out->] `SEC. 3. REAUTHORIZATION.` [<-Struck out]

[Struck out->] (a) IN GENERAL- Section 32 (15 U.S.C. 2081) is amended-- [<-Struck out]

[Struck out->] (1) by redesignating subsection (c) as subsection (d); and [<-Struck out]

[Struck out->] (2) by striking subsections (a) and (b) and inserting the following: [<-Struck out]

[Struck out->] `(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-- [<-Struck out]

[Struck out->] `(1) $80,000,000 for fiscal year 2009; [<-Struck out]

[Struck out->] `(2) $88,500,000 for fiscal year 2010; [<-Struck out]

[Struck out->] `(3) $96,800,000 for fiscal year 2011; [<-Struck out]

[Struck out->] `(4) $106,480,000 for fiscal year 2012; [<-Struck out]

[Struck out->] `(5) $117,128,000 for fiscal year 2013; [<-Struck out]

[Struck out->] `(6) $128,841,000 for fiscal year 2014; and [<-Struck out]

[Struck out->] `(7) $141,725,000 for fiscal year 2015. [<-Struck out]

[Struck out->] `(b) There are authorized to be appropriated to the Commission 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 applicable environmental, safety, and accessibility standards), $20,000,000 for fiscal years 2009 and 2010. [<-Struck out]

[Struck out->] `(c) There are authorized to be appropriated to the Commission for research, in cooperation with the National Institute of Science and Technology, the Food and Drug Administration, and other relevant Federal agencies into safety issues related to the use of nanotechnology in consumer products, $1,000,000 for fiscal years 2009 and 2010.'. [<-Struck out]

[Struck out->] `SEC. 4. PERSONNEL.` [<-Struck out]

[Struck out->] (a) PROFESSIONAL STAFF- The Consumer Product Safety Commission shall increase the number of fulltime personnel employed by the Commission to at least 500 by October 1, 2013. [<-Struck out]

[Struck out->] (b) PROFESSIONAL CAREER PATH- The Commission shall develop and implement a professional career development program for professional staff to encourage retention of career personnel and provide professional development opportunities for Commission employees. [<-Struck out]

[Struck out->] (c) CHANGE OF EMPLOYMENT STATUS BY POLITICAL APPOINTEES- An individual who is employed by the Commission as a political appointee (as defined in section 9803 of title 5, United States Code) may not be appointed to a position in the competitive service under chapter 51 of title 5, United States Code, or the Senior Executive Service under subchapter II of chapter 31 of such title, by the Commission less than 1 year after termination of the individual's employment by the Commission as a political appointee unless the appointment is authorized by unanimous vote of the Commission. [<-Struck out]

[Struck out->] (d) PERSONNEL IN IMMEDIATE OFFICE OF COMMISSIONERS- The Commission may not reduce the number of fulltime employees in the immediate office of a commissioner unless the reduction is authorized by unanimous vote of the Commission. [<-Struck out]

[Struck out->] `SEC. 5. FULL COMMISSION REQUIREMENT; INTERIM QUORUM.` [<-Struck out]

[Struck out->] (a) Number of Commissioners- [<-Struck out]

[Struck out->] (1) IN GENERAL- The Congress finds that it is necessary, in order for the Consumer Product Safety Commission to function effectively and carry out the purposes for which the Consumer Product Safety Act was enacted, for the full complement of 5 members of the Commission to serve and participate in the business of the Commission and urges the President to nominate members to fill any vacancy in the membership of the Commission as expeditiously as practicable. [<-Struck out]

[Struck out->] (2) REPEAL OF LIMITATION- Title III of Public Law 102-389 is amended by striking the first proviso in the item captioned `CONSUMER PRODUCT SAFETY COMMISSION, SALARIES AND EXPENSES' (15 U.S.C. 2053 note). [<-Struck out]

[Struck out->] (b) TEMPORARY QUORUM- Notwithstanding section 4(d) of the Consumer Product Safety Act (15 U.S.C. 2053(d)), 2 members of the Consumer Product Safety Commission, if they are not affiliated with the same political party, shall constitute a quorum for the transaction of business for the 9-month period beginning on the date of enactment of this Act. [<-Struck out]

[Struck out->] `SEC. 6. SUBMISSION OF COPY OF CERTAIN DOCUMENTS TO CONGRESS.` [<-Struck out]

[Struck out->] (a) IN GENERAL- Notwithstanding any rule, regulation, or order to the contrary, the Commission shall comply with the requirements of section 27(k) of the Consumer Product Safety Act (15 U.S.C. 2076) 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. [<-Struck out]

[Struck out->] (b) REINSTATEMENT OF REQUIREMENT- Section 3003(d) of Public Law 104-66 (31 U.S.C. 1113 note) is amended-- [<-Struck out]

[Struck out->] (1) by striking `or' after the semicolon in paragraph (31); [<-Struck out]

[Struck out->] (2) by redesignating paragraph (32) as (33); and [<-Struck out]

[Struck out->] (3) by inserting after paragraph (31) the following: [<-Struck out]

[Struck out->] `(32) section 27(k) of the Consumer Product Safety Act (15 U.S.C. 2076(k)); or'. [<-Struck out]

[Struck out->] `SEC. 7. PUBLIC DISCLOSURE OF INFORMATION.` [<-Struck out]

[Struck out->] Section 6 (15 U.S.C. 2055) is amended-- [<-Struck out]

[Struck out->] (1) by inserting `A manufacturer or private labeler shall submit any such mark within 15 calendar days after the date on which it receives the Commission's offer.' after `paragraph (2).' in subsection (a)(3); and [<-Struck out]

[Struck out->] (2) by striking subsection (b) and inserting the following: [<-Struck out]

[Struck out->] `(b)(1) Except as provided by paragraph (3) of this subsection, prior to its public disclosure of any information obtained under this Act, or to be disclosed to the public in connection therewith (unless the Commission finds that the public health and safety requires otherwise), the Commission shall, to the extent practicable, notify and provide a summary of the information to, each manufacturer or private labeler of any consumer product to which such information pertains, if the manner in which such consumer product is to be designated or described in such information will permit the public to ascertain readily the identity of such manufacturer or private labeler, and shall provide such manufacturer or private labeler not less than 15 days to submit comments to the Commission as to the veracity of such information. [<-Struck out]

[Struck out->] `(2) In disclosing any information under this subsection, the Commission may, and upon the request of the manufacturer or private labeler shall, include with the disclosure any comments or other information or a summary thereof submitted under paragraph (1) by such manufacturer or private labeler as an addendum. [<-Struck out]

[Struck out->] `(3) Paragraphs (1) and (2) of this subsection do not apply to the public disclosure of information about any consumer product-- [<-Struck out]

[Struck out->] `(i) with respect to which the Commission has filed an action under section 12; [<-Struck out]

[Struck out->] `(ii) with respect to which the Commission has issued a complaint under section 15(c) or (d) alleging that such product presents a substantial product hazard; or [<-Struck out]

[Struck out->] `(iii) which the Commission has reasonable cause to believe is in violation of section 19 (relating to prohibited acts). [<-Struck out]

[Struck out->] `(4) The Commission may not disclose the names or addresses of consumers pursuant to its authority under this section.'. [<-Struck out]

[Struck out->] `SEC. 8. RULEMAKING.` [<-Struck out]

[Struck out->] (a) ANPR Requirement- [<-Struck out]

[Struck out->] (1) IN GENERAL- Section 9 (15 U.S.C. 2058) is amended-- [<-Struck out]

[Struck out->] (A) by striking `shall be commenced' in subsection (a) and inserting `may be commenced'; [<-Struck out]

[Struck out->] (B) by striking `in the notice' in subsection (b) and inserting `in a notice'; [<-Struck out]

[Struck out->] (C) by striking `unless, not less than 60 days after publication of the notice required in subsection (a), the' in subsection (c) and inserting `unless the'; [<-Struck out]

[Struck out->] (D) by inserting ` or notice of proposed rulemaking' after `advance notice of proposed rulemaking' in subsection (c); and [<-Struck out]

[Struck out->] (E) by striking `an advance notice of proposed rulemaking under subsection (a) relating to the product involved,' in the third sentence of subsection (c) and inserting `the notice'. [<-Struck out]

[Struck out->] (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'. [<-Struck out]

[Struck out->] (b) Rulemaking Under Federal Hazardous Substances Act- [<-Struck out]

[Struck out->] (1) IN GENERAL- Section 3(a) of the Federal Hazardous Substances Act (15 U.S.C. 1262(a)) is amended to read as follows: [<-Struck out]

[Struck out->] `(a) IN GENERAL- Whenever in the judgment of the Commission such action will promote the objectives of this Act by avoiding or resolving uncertainty as to its application, the Commission may by regulation declare to be a hazardous substance, for the purposes of this Act, any substance or mixture of substances, which it finds meets the requirements section 2(f)(1)(A).'. [<-Struck out]

[Struck out->] (2) Procedure- [<-Struck out]

[Struck out->] (A) Section 2(q)(2) of the Federal Hazardous Substances Act (15 U.S.C. 1261(q)(2)) is amended by striking `Proceedings for the issuance, amendment, or repeal of regulations pursuant to clause (B) of subparagraph (1) of this paragraph shall be governed by the provisions of sections 701(e), (f), and (g) of the Federal Food, Drug, and Cosmetic Act: Provided, That if' and inserting `Proceedings for the issuance, amendment, or repeal of regulations pursuant to clause (B) of subparagraph (1) of this paragraph shall be governed by the provisions of subsections (f) through (i) of section 3 of this Act, except that if'. [<-Struck out]

[Struck out->] (B) Section 3(a)2 of the Federal Hazardous Substances Act (15 U.S.C. 1262(a)2) is amended to read as follows: [<-Struck out]

[Struck out->] `(2) Proceedings for the issuance, amendment, or repeal of regulations under this subsection and the admissibility of the record of such proceedings in other proceedings, shall be governed by the provisions of subsections (f) through (i) of this section.'. [<-Struck out]

[Struck out->] (3) ANPR REQUIREMENT- Section 3 of the Federal Hazardous Substances Act (15 U.S.C. 1262) is amended-- [<-Struck out]

[Struck out->] (A) by striking `shall be commenced' in subsection (f) and inserting `may be commenced'; [<-Struck out]

[Struck out->] (B) by striking `in the notice' in subsection (g)(1) and inserting `in a notice'; and [<-Struck out]

[Struck out->] (C) by striking `unless, not less than 60 days after publication of the notice required in subsection (f), the' in subsection (h) and inserting `unless the'. [<-Struck out]

[Struck out->] (4) OTHER CONFORMING AMENDMENTS- The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) is amended-- [<-Struck out]

[Struck out->] (A) by striking paragraph (d) of section 2 and inserting the following: [<-Struck out]

[Struck out->] `(d) The term `Commission' means the Consumer Product Safety Commission.'; [<-Struck out]

[Struck out->] (B) by striking `Secretary' each place it appears and inserting `Commission' except-- [<-Struck out]

[Struck out->] (i) in section 10(b) (15 U.S.C. 1269); [<-Struck out]

[Struck out->] (ii) in section 14 (15 U.S.C. 1273); and [<-Struck out]

[Struck out->] (iii) in section 21(a) (15 U.S.C. 1276(a)); [<-Struck out]

[Struck out->] (C) by striking `Department' each place it appears, except in section 14(b), and inserting `Commission'; [<-Struck out]

[Struck out->] (D) by striking `he' and `his' each place they appear in reference to the Secretary and inserting `it' and `its', respectively; [<-Struck out]

[Struck out->] (E) by striking `Secretary of Health, Education, and Welfare' each place it appears in section 10(b) (15 U.S.C. 1269(b) and inserting `Commission'; [<-Struck out]

[Struck out->] (F) by striking `Secretary of Health, Education, and Welfare' each place it appears in section 14 (15 U.S.C. 1273) and inserting `Commission'; [<-Struck out]

[Struck out->] (G) by striking `Department of Health, Education, and Welfare' in section 14(b) (15 U.S.C. 1273(b)) and inserting `Commission'; [<-Struck out]

[Struck out->] (H) by striking `Consumer Product Safety Commission' each place it appears and inserting `Commission'; and [<-Struck out]

[Struck out->] (I) by striking `(hereinafter in this section referred to as the `Commission')' in section 20(a)(1) (15 U.S.C. 1275(a)(1)). [<-Struck out]

[Struck out->] `SEC. 9. PROHIBITION ON STOCKPILING UNDER OTHER COMMISSION-ENFORCED STATUTES.` [<-Struck out]

[Struck out->] Section 9(g)(2) (15 U.S.C. 2058(g)(2)) is amended-- [<-Struck out]

[Struck out->] (1) by inserting `or to which a rule under any other law enforced by the Commission applies,' after `applies,'; and [<-Struck out]

[Struck out->] (2) by striking `consumer product safety' the second, third, and fourth places it appears. [<-Struck out]

[Struck out->] `SEC. 10. THIRD PARTY CERTIFICATION OF CHILDREN'S PRODUCTS.` [<-Struck out]

[Struck out->] (a) IN GENERAL- Section 14(a) (15 U.S.C. 2063(a)) is amended-- [<-Struck out]

[Struck out->] (1) by redesignating paragraph (2) as paragraph (5) and indenting the margin of such paragraph, as so redesignated, 2 ems from the left margin; [<-Struck out]

[Struck out->] (2) by resetting paragraph (1) as a new paragraph indented 2 ems from the left margin; [<-Struck out]

[Struck out->] (3) by striking `Every manufacturer' in paragraph (1) and inserting `Except as provided in paragraph (2), every manufacturer'; [<-Struck out]

[Struck out->] (4) by designating the second and third sentences of subsection (a) as paragraphs (3) and (4), respectively, and indenting the margin of such paragraphs, as so designated, 2 ems from the left margin; [<-Struck out]

[Struck out->] (5) by inserting after paragraph (1) the following: [<-Struck out]

[Struck out->] `(2) Every manufacturer of a children's product (and the private labeler of such product if it bears a private label) which is subject to a consumer product safety standard under this Act, or a rule under this or any other Act enforced by the Commission declaring a consumer product a banned hazardous product, shall-- [<-Struck out]

[Struck out->] `(A) have the product tested by a nongovernmental independent third party qualified to perform such tests or testing programs; and [<-Struck out]

[Struck out->] `(B) issue a certification which shall-- [<-Struck out]

[Struck out->] `(i) certify that such product conforms to such consumer product safety standard or is not a banned hazardous product under such rule; and [<-Struck out]

[Struck out->] `(ii) specify the consumer product safety standard or such rule.'; [<-Struck out]

[Struck out->] (6) by striking `Such certificate shall' in paragraph (3) as redesignated by paragraph (1) and inserting `A certificate required under this subsection shall'; and [<-Struck out]

[Struck out->] (7) in paragraph (5), as redesignated by paragraph (1)-- [<-Struck out]

[Struck out->] (A) by striking `required by paragraph (1) of this subsection' and inserting `required by paragraph (1) or (2) (as the case may be)'; and [<-Struck out]

[Struck out->] (B) by striking `requirement under paragraph (1)' and inserting `requirement under paragraph (1) or (2) (as the case may be)'. [<-Struck out]

[Struck out->] (b) Section 14(b) (15 U.S.C. 2063(b)) is amended-- [<-Struck out]

[Struck out->] (1) by resetting paragraph (1) an indented paragraph 2 ems from the left margin; [<-Struck out]

[Struck out->] (2) by designating the second sentence as paragraph (2) and indenting the margin of such paragraph, as so designated, 2 ems from the left margin; and [<-Struck out]

[Struck out->] (3) in paragraph (2), as so designated, by striking `Any test or' and inserting `Except as provided in paragraph (3), any test or'. [<-Struck out]

[Struck out->] (c) 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: [<-Struck out]

[Struck out->] `(d) Application to Other Consumer Products; Certifier Standards; Audit- [<-Struck out]

[Struck out->] `(1) In general- The Commission-- [<-Struck out]

[Struck out->] `(A) as soon as practicable after the date of enactment of the CPSC Reform Act of 2007 shall by rule-- [<-Struck out]

[Struck out->] `(i) establish protocols and standards-- [<-Struck out]

[Struck out->] `(I) for credentialing independent third parties qualified to perform tests or testing programs under this section; and [<-Struck out]

[Struck out->] `(II) for verifying that products tested by such independent third parties comply with consumer product safety standards and with applicable product standards under other Acts enforced by the Commission; [<-Struck out]

[Struck out->] `(ii) prescribe eligibility, inspection, and certification standards for independent third party entities engaged in certifying compliance under subsection (a)(2) for children's products or products to which the Commission extends the certification requirements of that subsection; [<-Struck out]

[Struck out->] `(iii) establish requirements for testing, no less frequently than biennially, of random samples of products certified under this section to determine whether they meet the requirements for certification; [<-Struck out]

[Struck out->] `(iv) establish requirements for periodic audits of such entities by the Governmental Accountability Office or a nongovernmental auditing organization; and [<-Struck out]

[Struck out->] `(v) establish a program by which manufacturers may label products as compliant with the certification requirements of subsection (a)(2); and [<-Struck out]

[Struck out->] `(B) may by rule extend the certification requirements of subsection (a)(2) to other consumer products or to classes or categories of consumer products; [<-Struck out]

[Struck out->] `(2) EFFECTIVE DATE OF REQUIREMENTS- The certification and testing requirements of subsection (a)(2) of this section, as amended by the CPSC Reform Act of 2007, shall take effect 30 days after the date of enactment of that Act and shall apply without regard to whether the Commission has issued guidance or a rule under paragraph (1)(A) of this subsection.'. [<-Struck out]

[Struck out->] `(e) Definitions- In this section: [<-Struck out]

[Struck out->] `(1) CHILDREN'S PRODUCT- The term `children's product' means a product (other than a medication, drug, or food) designed or intended for use by, or care of, a child under 7 years of age that is introduced into the interstate stream of commerce. In determining whether a product is intended for use by a child under 7 years of age, the following factors shall be considered: [<-Struck out]

[Struck out->] `(A) A statement by a manufacturer about the intended use of such product, including a label on such product, if such statement is reasonable. [<-Struck out]

[Struck out->] `(B) The context and manner of the advertising, promotion, and marketing associated with the product. [<-Struck out]

[Struck out->] `(C) Whether the product is commonly recognized by consumers as being intended for use by a child under 7 years of age. [<-Struck out]

[Struck out->] `(D) The Age Determination Guideline issued by the Consumer Product Safety Commission in September 2002 and any subsequent version of such Guideline. [<-Struck out]

[Struck out->] `(2) INDEPENDENT THIRD PARTY- The term `independent third party', with respect to a testing entity, means an independent testing entity that is physically separate from any manufacturer or private labeler whose product will be tested by such entity, and is not owned, managed, controlled, or directed by such manufacturer or private labeler.'. [<-Struck out]

[Struck out->] (d) Label and Certification- Not later than 1 year after the date of the enactment of this Act, the Consumer Product Safety Commission shall prescribe a rule in accordance with section 14(a)(5) and (d) of the Consumer Product Safety Act (15 U.S.C. 2063(a)(5) and (d)) for children's products (as defined in subsection (e) of such section). [<-Struck out]

[Struck out->] (e) PROHIBITION ON IMPORTS OF CHILDREN'S PRODUCTS WITHOUT THIRD PARTY TESTING CERTIFICATION- Section 17(a) (15 U.S.C. 2066(a)) is amended-- [<-Struck out]

[Struck out->] (1) by striking `or' at the end of paragraph (4); [<-Struck out]

[Struck out->] (2) by striking `(g).' in paragraph (5) and inserting a `(g); or'; and [<-Struck out]

[Struck out->] (3) by adding at the end the following: [<-Struck out]

[Struck out->] `(6) is a children's product, as that term is defined in section 14(e), (or a product for which the Commission, under section 14(d)(1), has required certification under section 14(a)(2)) that is not accompanied by a certificate from an independent third party as required by section 14(a)(2).'. [<-Struck out]

[Struck out->] `SEC. 11. TRACKING LABELS FOR PRODUCTS FOR CHILDREN.` [<-Struck out]

[Struck out->] Section 14(a) of the Consumer Product Safety Act (15 U.S.C. 2063(a)), as amended by section 10(a), is further amended by adding at the end thereof the following: [<-Struck out]

[Struck out->] `(6) The manufacturer of a children's product or other consumer product (as may be required by the Commission in its discretion after a rulemaking proceeding) shall place distinguishing marks on the product or its packaging that will enable the ultimate purchaser to ascertain the source, date, and cohort (including the batch, run number, or other identifying characteristic) of production of the product by reference to those marks.'. [<-Struck out]

[Struck out->] `SEC. 12. SUBSTANTIAL PRODUCT HAZARD REPORTING REQUIREMENT.` [<-Struck out]

[Struck out->] Section 15(b) (15 U.S.C. 2064(b)) is amended-- [<-Struck out]

[Struck out->] (1) by striking `consumer product distributed in commerce,' and inserting `consumer product (or other product or substance over which the Commission has jurisdiction under this or any other Act) distributed in commerce,'; [<-Struck out]

[Struck out->] (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and [<-Struck out]

[Struck out->] (3) by inserting after paragraph (1) the following: [<-Struck out]

[Struck out->] `(2) fails to comply with any rule or standard promulgated by the Commission under this or any other Act;'. [<-Struck out]

[Struck out->] `SEC. 13. CORRECTIVE ACTION PLANS.` [<-Struck out]

[Struck out->] Section 15(d) (15 U.S.C. 2064(d)) is amended-- [<-Struck out]

[Struck out->] (1) by inserting `(1)' after `Action Plan- '; [<-Struck out]

[Struck out->] (2) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C); [<-Struck out]

[Struck out->] (3) by striking `more (A)' in subparagraph (C), as redesignated, and inserting `more (i)'; [<-Struck out]

[Struck out->] (4) by striking `or (B)' in subparagraph (C), as redesignated, and inserting `or (ii)'; [<-Struck out]

[Struck out->] (5) by striking `whichever of the following actions the person to whom the order is directed elects:' and inserting `any one or more of the following actions it determines to be in the public interest:'; [<-Struck out]

[Struck out->] (6) by inserting `(2)' before `An order'; [<-Struck out]

[Struck out->] (7) by striking `satisfactory to the Commission,' and inserting `for approval by the Commission,'; and [<-Struck out]

[Struck out->] (8) by adding at the end the following: [<-Struck out]

[Struck out->] `(3)(A) If the Commission approves an action plan, it shall indicate its approval in writing. [<-Struck out]

[Struck out->] `(B) If the Commission finds that an approved action plan is not effective, or that the manufacturer, retailer, or distributor is not executing an approved action plan effectively, the Commission may by order amend, or require amendment of, the action plan. [<-Struck out]

[Struck out->] `(C) If the Commission determines, after notice and opportunity for comment, that a manufacturer, retailer, or distributor has failed to comply substantially with its obligations under its action plan, the Commission may revoke its approval of the action plan. Upon receipt of notice of a revocation of the action plan, the manufacturer, retailer, or distributor shall cease further distribution in commerce of the product to which the action plan applies.'. [<-Struck out]

[Struck out->] `SEC. 14. IDENTIFICATION OF MANUFACTURER BY IMPORTERS, RETAILERS, AND DISTRIBUTORS.` [<-Struck out]

[Struck out->] Section 16 (15 U.S.C. 2065) is amended by adding at the end thereof the following: [<-Struck out]

[Struck out->] `(c) Upon request by an officer or employee duly designated by the Commission-- [<-Struck out]

[Struck out->] `(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; and [<-Struck out]

[Struck out->] `(2) every manufacturer shall identify by name, address, or such other identifying information as the officer or employee may request-- [<-Struck out]

[Struck out->] `(A) each retailer or distributor to which it supplied a given consumer product (or other product or substance over which the Commission has jurisdiction under this or any other Act); [<-Struck out]

[Struck out->] `(B) each subcontractor involved in the production or fabrication or such product or substance; and [<-Struck out]

[Struck out->] `(C) each subcontractor from which it obtained a component thereof.'. [<-Struck out]

[Struck out->] `SEC. 15. REPEATED IMPORTATION OFFENSES.` [<-Struck out]

[Struck out->] Section 17 (15 U.S.C. 2066) is amended by adding at the end thereof the following: [<-Struck out]

[Struck out->] `(i) The Commission may-- [<-Struck out]

[Struck out->] `(1) designate as a repeat offender, after notice and an opportunity for a hearing, any person found by the Commission to have committed multiple violations of subsection (a); and [<-Struck out]

[Struck out->] `(2) refer any such person to United States Customs and Border Protection with a recommendation that the person's import license be terminated in accordance with that agency's procedures.'. [<-Struck out]

[Struck out->] `SEC. 16. PROHIBITED ACTS.` [<-Struck out]

[Struck out->] (a) SALE OF RECALLED PRODUCTS- Section 19(a) (15 U.S.C. 2068(a)) is amended-- [<-Struck out]

[Struck out->] (1) by striking paragraph (1) and inserting the following: [<-Struck out]

[Struck out->] `(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 enforced by the Commission, that is-- [<-Struck out]

[Struck out->] `(A) not in conformity with an applicable consumer product safety standard under this Act, or any similar rule under any such other Act; [<-Struck out]

[Struck out->] `(B) subject to voluntary corrective action taken by the manufacturer, in consultation with the Commission, of which action the Commission has notified the public; or [<-Struck out]

[Struck out->] `(C) subject to an order issued under section 12 or 15 of this Act, designated a banned hazardous substance under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.);'; [<-Struck out]

[Struck out->] (2) by striking `or' after the semicolon in paragraph (7); [<-Struck out]

[Struck out->] (3) by striking `and' after the semicolon in paragraph (8); [<-Struck out]

[Struck out->] (4) by striking `insulation).' in paragraph (9) and inserting `insulation);'; and [<-Struck out]

[Struck out->] (5) by striking `18(b).' in paragraph (10) and inserting `18(b); or'. [<-Struck out]

[Struck out->] (b) Export of Recalled Products- [<-Struck out]

[Struck out->] (1) IN GENERAL- Section 18 (15 U.S.C. 2067) is amended by adding at the end thereof the following: [<-Struck out]

[Struck out->] `(c) Notwithstanding any other provision of law, the Commission may prohibit 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 other Act enforced by the Commission, that the Commission determines, after notice to the manufacturer-- [<-Struck out]

[Struck out->] `(1) is not in conformity with an applicable consumer product safety standard under this Act or with a similar rule under any such other Act; [<-Struck out]

[Struck out->] `(2) is subject to an order issued under section 12 or 15 of this Act or designated as a banned hazardous substance under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.); or [<-Struck out]

[Struck out->] `(3) is subject to voluntary corrective action taken by the manufacturer, in consultation with the Commission, of which action the Commission has notified the public and would have been subject to mandatory corrective action under this or another Act enforced by the Commission if voluntary corrective action had not been taken by the manufacturer.'. [<-Struck out]

[Struck out->] (2) PENALTY- Section 19(a) (15 U.S.C. 2068(a)), as amended by subsection (a), is further amended-- [<-Struck out]

[Struck out->] (A) by striking `or' after the semicolon in paragraph (10); [<-Struck out]

[Struck out->] (B) by striking `37.' in paragraph (11) and inserting `37; or'; and [<-Struck out]

[Struck out->] (C) by adding at the end thereof the following: [<-Struck out]

[Struck out->] `(12) violate an order of the Commission under section 18(c).'. [<-Struck out]

[Struck out->] (3) CONFORMING AMENDMENTS TO OTHER ACTS- [<-Struck out]

[Struck out->] (A) 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,'. [<-Struck out]

[Struck out->] (B) FLAMMABLE FABRICS ACT- Section 15 of the Flammable Fabrics Act (15 U.S.C. 1202) is amended by adding at the end thereof the following: [<-Struck out]

[Struck out->] `(d) Notwithstanding any other provision of law, the Consumer Product Safety Commission may prohibit 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-- [<-Struck out]

[Struck out->] `(1) is not in conformity with an applicable consumer product safety standard under the Consumer Product Safety Act or with a rule under this Act; [<-Struck out]

[Struck out->] `(2) is subject to an order issued under section 12 or 15 of that Act or designated as a banned hazardous substance under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.); or [<-Struck out]

[Struck out->] (c) FALSE CERTIFICATION OF COMPLIANCE WITH TESTING LABORATORY STANDARD- Section 19(a) (15 U.S.C. 2068(a)), as amended by subsection (b)(2), is further amended-- [<-Struck out]

[Struck out->] (1) by striking `or' after the semicolon in paragraph (11); [<-Struck out]

[Struck out->] (2) by striking `18(c).' in paragraph (12) and inserting `18(c); or'; and [<-Struck out]

[Struck out->] (3) by adding at the end thereof the following: [<-Struck out]

[Struck out->] `(13) sell, offer for sale, distribute in commerce, or import into the United States any consumer product bearing a false certification mark of compliance with a standard established by a nationally recognized testing laboratory.'. [<-Struck out]

[Struck out->] (d) MISREPRESENTATION OF INFORMATION IN INVESTIGATION- Section 19(a) (15 U.S.C. 2068(a)), as amended by subsection (c), is further amended-- [<-Struck out]

[Struck out->] (1) by striking `or' after the semicolon in paragraph (12); [<-Struck out]

[Struck out->] (2) by striking `laboratory.' in paragraph (13) and inserting `laboratory; or'; and [<-Struck out]

[Struck out->] (3) by adding at the end thereof the following: [<-Struck out]

[Struck out->] `(14) to misrepresent to any officer or employee of the Commission the scope of consumer products subject to an action required under section 12 or subsection (c) or (d) of section 15, or to make a material misrepresentation to such an officer or employee in the course of an investigation under this Act.'. [<-Struck out]

[Struck out->] (e) CERTIFICATES OF COMPLIANCE WITH MANDATORY STANDARDS- Section 19(a)(6) (15 U.S.C. 2068(a)(6)) is amended to read as follows: [<-Struck out]

[Struck out->] `(6) fail to furnish a certificate required by this Act or any other Act enforced by the Commission, or to issue a false certificate if such person in the exercise of due care has reason to know that the certificate is false or misleading in any material respect; or to fail to comply with any rule under section 14(c);'. [<-Struck out]

[Struck out->] `SEC. 17. PENALTIES.` [<-Struck out]

[Struck out->] (a) Civil Penalties- [<-Struck out]

[Struck out->] (1) IN GENERAL- Section 20(a) (15 U.S.C. 2069(a)) is amended-- [<-Struck out]

[Struck out->] (A) by striking `$5,000' and inserting `$250,000'; [<-Struck out]

[Struck out->] (B) by striking `$1,250,000' each place it appears and inserting `$100,000,000'; and [<-Struck out]

[Struck out->] (3) by striking `December 31, 1994,' in paragraph (3)(B) and inserting `December 31, 2011,'. [<-Struck out]

[Struck out->] (2) FEDERAL HAZARDOUS SUBSTANCES ACT- Section 15(c) of the Federal Hazardous Substances Act (15 U.S.C. 1264(c)) is amended-- [<-Struck out]

[Struck out->] (A) by striking `$5,000' in paragraph (1) and inserting `$250,000'; [<-Struck out]

[Struck out->] (B) by striking `$1,250,000' each place it appears in paragraph (1) and inserting `$100,000,000'; and [<-Struck out]

[Struck out->] (3) by striking `December 31, 1994,' in paragraph (6)(B) and inserting `December 31, 2011,'. [<-Struck out]

[Struck out->] (3) FLAMMABLE FABRICS ACT- Section 5(e) of the Flammable Fabrics Act (15 U.S.C. 1194(e)) is amended-- [<-Struck out]

[Struck out->] (A) by striking `$5,000' in paragraph (1) and inserting `$250,000'; [<-Struck out]

[Struck out->] (B) by striking `$1,250,000' in paragraph (1) and inserting `$100,000,000'; and [<-Struck out]

[Struck out->] (3) by striking `December 31, 1994,' in paragraph (5)(B) and inserting `December 31, 2011,'. [<-Struck out]

[Struck out->] (b) Criminal Penalties- [<-Struck out]

[Struck out->] (1) IN GENERAL- Section 21(a) (15 U.S.C. 2070(a)) is amended to read as follows: [<-Struck out]

[Struck out->] `(a) Violation of section 19 of this Act is punishable by-- [<-Struck out]

[Struck out->] `(1) imprisonment for not more than 1 year for a knowing violation of that section, or [<-Struck out]

[Struck out->] `(2) imprisonment for not more than 5 years for a knowing and willful violation of that section, and [<-Struck out]

[Struck out->] `(3) a fine determined under section 3571 of title 18, United States Code.'. [<-Struck out]

[Struck out->] (2) DIRECTORS, OFFICERS, AND AGENTS- Section 21(b) (15 U.S.C. 2070(b)) is amended-- [<-Struck out]

[Struck out->] (A) by striking `and willfully'; and [<-Struck out]

[Struck out->] (B) by striking `19, and who has knowledge of notice of noncompliance received by the corporation from the Commission,' and inserting `19'. [<-Struck out]

[Struck out->] (3) UNDER THE FEDERAL HAZARDOUS SUBSTANCES ACT- Section 5(a) of the Federal Hazardous Substances Act (15 U.S.C. 1264(a)) is amended to read as follows: [<-Struck out]

[Struck out->] `(a) IN GENERAL- Violation of section 4 of this Act is punishable by-- [<-Struck out]

[Struck out->] `(1) imprisonment for not more than 1 year for a knowing violation of that section; [<-Struck out]

[Struck out->] `(2) imprisonment for not more than 5 years for a knowing and willful violation of that section; and [<-Struck out]

[Struck out->] `(3) a fine determined under section 3571 of title 18, United States Code.'. [<-Struck out]

[Struck out->] (c) CIVIL PENALTY CRITERIA- Within a year after the date of enactment of this Act, the Consumer Product Safety Commission shall initiate a rulemaking to establish criteria for the imposition of civil penalties under section 20 of the Consumer Product Safety Act (15 U.S.C. 2069) authorized by that section, including factors to be considered in establishing the amount of such penalties, such as repeat violations, degree of risk to the public, nature of the hazard, the precedential value of prior adjudicated penalties, and other circumstances. [<-Struck out]

[Struck out->] (d) CRIMINAL PENALTIES TO INCLUDE ASSET FORFEITURE- Section 21 (15 U.S.C. 2070) is amended by adding at the end thereof the following: [<-Struck out]

[Struck out->] `(c)(1) In addition to the penalty provided by subsection (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. [<-Struck out]

[Struck out->] `(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 to pay a fine, be imprisoned, or both.'. [<-Struck out]

[Struck out->] `SEC. 18. PREEMPTION.` [<-Struck out]

[Struck out->] (a) IN GENERAL- Section 26 (15 U.S.C. 2075) is amended-- [<-Struck out]

[Struck out->] (1) by striking `Whenever' in subsection (a) and inserting `Except as provided in subsections (c) and (d), whenever'; and [<-Struck out]

[Struck out->] (2) by adding at the end thereof the following: [<-Struck out]

[Struck out->] `(d) Rule for Post-2007 Consumer Product Safety Standards- No consumer product safety standard promulgated by the Commission after the date of enactment of the CPSC Reform Act of 2007, or any other action taken by the Commission after that date, shall preempt any State or local law to an extent greater than permitted under subsection (a), as limited by subsection (c)'. [<-Struck out]

[Struck out->] (b) MATTRESS FLAMMABILITY STANDARD PREAMBLE NOT PREEMPTIVE- Notwithstanding section N of the preamble to the Final Rule: Standard for the Flammability (Open Flame) of Mattress Sets promulgated by the Consumer Product Safety Commission (71 Fed. Reg. 13496), part 1633 of title 16, Code of Federal Regulations, does not limit the rights of a State or political subdivision thereof under section 26 (b) or (c) of the Consumer Product Safety Act (15 U.S.C. 2075 (b) or (c), respectively). [<-Struck out]

[Struck out->] `SEC. 19. SHARING OF INFORMATION WITH FEDERAL, STATE, LOCAL, AND FOREIGN GOVERNMENT AGENCIES.` [<-Struck out]

[Struck out->] Section 29 (15 U.S.C. 2078) is amended by adding at the end thereof the following: [<-Struck out]

[Struck out->] `(f)(1) The Commission may make information obtained by the Commission under section 6 available to any Federal, State, local, or foreign government agency upon the prior certification of an appropriate official of any such agency, either by a prior agreement or memorandum of understanding with the Commission or by other written certification, that such material will be maintained in confidence and will be used only for official law enforcement or consumer protection purposes, if-- [<-Struck out]

[Struck out->] `(A) the agency has set forth a bona fide legal basis for its authority to maintain the material in confidence; [<-Struck out]

[Struck out->] `(B) the materials are to be used for purposes of investigating, or engaging in enforcement proceedings related to, possible violations of-- [<-Struck out]

[Struck out->] `(i) laws regulating the manufacture, importation, distribution, or sale of defective or unsafe consumer products, or other practices substantially similar to practices prohibited by any law administered by the Commission; [<-Struck out]

[Struck out->] `(ii) a law administered by the Commission, if disclosure of the material would further a Commission investigation or enforcement proceeding; or [<-Struck out]

[Struck out->] `(iii) with respect to a foreign law enforcement agency, with the approval of the Attorney General, other foreign criminal laws, if such foreign criminal laws are offenses defined in or covered by a criminal mutual legal assistance treaty in force between the government of the United States and the foreign law enforcement agency's government; and [<-Struck out]

[Struck out->] `(C) the foreign government agency is not from a foreign state that the Secretary of State has determined, in accordance with section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), has repeatedly provided support for acts of international terrorism, unless and until such determination is rescinded pursuant to section 6(j)(4) of that Act (50 U.S.C. App. 2405(j)(4)). [<-Struck out]

[Struck out->] `(2)(A) Except as provided in subparagraph (B) of this paragraph, the Commission shall not be required to disclose under section 552 of title 5, United States Code, or any other provision of law-- [<-Struck out]

[Struck out->] `(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 limitations, as a condition of providing the material; [<-Struck out]

[Struck out->] `(ii) any material reflecting a consumer complaint obtained from any other foreign source, if that foreign source supplying the material has requested confidential treatment as a condition of providing the material; or [<-Struck out]

[Struck out->] `(iii) any material reflecting a consumer complaint submitted to a Commission reporting mechanism sponsored in part by foreign government agencies. [<-Struck out]

[Struck out->] `(B) Nothing in this subsection shall authorize the Commission to withhold information from the Congress or prevent the Commission from complying with an order of a court of the United States in an action commenced by the United States or the Commission. [<-Struck out]

[Struck out->] `(3) In this subsection, the term `foreign government agency' means-- [<-Struck out]

[Struck out->] `(A) any agency or judicial authority of a foreign government, including a foreign state, a political subdivision of a foreign state, or a multinational organization constituted by and comprised of foreign states, that is vested with law enforcement or investigative authority in civil, criminal, or administrative matters; and [<-Struck out]

[Struck out->] `(B) any multinational organization, to the extent that it is acting on behalf of an entity described in subparagraph (A).'. [<-Struck out]

[Struck out->] `SEC. 20. BONDING.` [<-Struck out]

[Struck out->] The Act (15 U.S.C. 2051 et seq.) is amended by adding at the end thereof the following: [<-Struck out]

[Struck out->] `BOND AUTHORITY [<-Struck out]

[Struck out->] `SEC. 39. The Commission, in a rulemaking proceeding, may require manufacturers or distributors of a consumer product, a category or class of consumer products, or any product or substance regulated under any other law enforced by the Commission, to post a bond (or other security acceptable to the Commission) in an amount sufficient to cover the costs of an effective recall of the product or substance, or, in the case of an imported product or substance, to cover the costs of holding the product or substance at the port and destruction of the product should such action be required by the Commission under this Act.'. [<-Struck out]

[Struck out->] `SEC. 21. ENFORCEMENT BY STATE ATTORNEYS GENERAL.` [<-Struck out]

[Struck out->] The Act (15 U.S.C. 2051 et seq.) is amended by inserting after section 26 the following: [<-Struck out]

[Struck out->] `ENFORCEMENT BY STATE ATTORNEYS GENERAL [<-Struck out]

[Struck out->] `SEC. 26A. (a) Except as provided in subsection (f), a State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate State or district court of the United States to enforce the provisions of this Act or any other Act enforced by the Commission, to obtain damages, restitution, or other compensation on behalf of such residents, or to obtain such further and other relief as the court may deem appropriate, whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a manufacturer, distributor, or retailer entity that violates this Act or a regulation under this Act. [<-Struck out]

[Struck out->] `(b) The State shall serve written notice to the Commission of any civil action under subsection (a) at least 60 days prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such civil action. [<-Struck out]

[Struck out->] `(c) Upon receiving the notice required by subsection (b), the Commission may intervene in such civil action and upon intervening-- [<-Struck out]

[Struck out->] `(1) be heard on all matters arising in such civil action; and [<-Struck out]

[Struck out->] `(2) file petitions for appeal of a decision in such civil action. [<-Struck out]

[Struck out->] `(d) For purposes of bringing any civil action under subsection (a), nothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. [<-Struck out]

[Struck out->] `(e) In a civil action brought under subsection (a)-- [<-Struck out]

[Struck out->] `(1) the venue shall be a judicial district in which-- [<-Struck out]

[Struck out->] `(A) the manufacturer, distributor, or retailer operates; or [<-Struck out]

[Struck out->] `(B) the manufacturer, distributor, or retailer was authorized to do business; [<-Struck out]

[Struck out->] `(2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and [<-Struck out]

[Struck out->] `(3) a person who participated with a manufacturer, distributor, or retailer in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. [<-Struck out]

[Struck out->] `(f) If the Commission has instituted a civil action or an administrative action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this Act alleged in the complaint. [<-Struck out]

[Struck out->] `(g) If the attorney general of the State prevails in any civil action under subsection (a), it can recover reasonable costs and attorney fees from the manufacturer, distributor, or retailer.'. [<-Struck out]

[Struck out->] `SEC. 22. WHISTLEBLOWER PROTECTION FOR MANUFACTURERS' EMPLOYEES.` [<-Struck out]

[Struck out->] The Act (15 U.S.C. 2051 et seq.), as amended by section 20, is further amended by adding at the end the following: [<-Struck out]

[Struck out->] `WHISTLEBLOWER PROTECTION FOR MANUFACTURERS' EMPLOYEES [<-Struck out]

[Struck out->] `SEC. 40. (a) No manufacturer, private labeler, distributor, or retailer may discharge an employee or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employee)-- [<-Struck out]

[Struck out->] `(1) provided, caused to be provided, or is about to provide or cause to be provided to the employer, the Federal Government, or the attorney general of a State information relating to any violation or alleged violation of any order, regulation, or consumer product safety standard under this Act or any other law enforceable by the Commission (or by the attorney general of a State under section 21); [<-Struck out]

[Struck out->] `(2) testified or is about to testify in such a proceeding; or [<-Struck out]

[Struck out->] `(3) assisted or participated or is about to assist or participate in such a proceeding. [<-Struck out]

[Struck out->] `(b)(1) If the Commission, or the attorney general of a State, proceeds with an action against a manufacturer, private labeler, distributor, or retailer for a violation of this Act or any other Act enforced by the Commission, on the basis of information provided by such an employee, the employee shall receive at least 15 percent but not more than 25 percent of any civil penalty assessed and collected by the Commission, or attorney general, for the violation, depending upon the extent to which the information provided by the employee substantially contributed to the enforcement action, as determined by the Commission. [<-Struck out]

[Struck out->] `(2) If the Commission's action is based primarily on disclosures of specific information (other than information provided by the employee) relating to allegations or transactions in a criminal, civil, or administrative hearing, in a congressional, administrative, or Government Accountability Office report, hearing, audit, or investigation, or from the news media, the Commission may award such sums as it considers appropriate to the employee, but in no case more than 10 percent of the civil penalty assessed and collected, taking into account the significance of the information and the role of the employee. [<-Struck out]

[Struck out->] `(3) In the case of an action brought by the attorney general of a State under section 21, the amount of any civil penalty to which such an employee may be entitled shall be determined by the Commission, subject to the limitations in paragraph (1) and (2), in consultation with the attorney general that brought the action. [<-Struck out]

[Struck out->] `(c)(1) A person who believes that he or she has been discharged or otherwise discriminated against by any person in violation of subsection (a) may, not later than 90 days after the date on which such violation occurs, file (or have any person file on his or her behalf) a complaint with the Commission alleging such discharge or discrimination and identifying the person responsible for such act. Upon receipt of such a complaint, the Commission shall notify, in writing, the person named in the complaint of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting the complaint, and of the opportunities that will be afforded to such person under paragraph (2). [<-Struck out]

[Struck out->] `(2)(A) Not later than 60 days after the date of receipt of a complaint filed under paragraph (1) and after affording the person named in the complaint an opportunity to submit to the Commission a written response to the complaint and an opportunity to meet with a representative of the Commission to present statements from witnesses, the Commission shall conduct an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify, in writing, the complainant and the person alleged to have committed a violation of subsection (a) of the Commission's findings. If the Commission concludes that there is a reasonable cause to believe that a violation of subsection (a) has occurred, the Commission shall accompany the Commission's findings with a preliminary order providing the relief prescribed by paragraph (3)(B). Not later than 30 days after the date of notification of findings under this paragraph, either the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order, or both, and request a hearing on the record. The filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. Any such hearing shall be conducted expeditiously. If a hearing is not requested in such 30-day period, the preliminary order shall be deemed a final order that is not subject to judicial review. [<-Struck out]

[Struck out->] `(B)(i) The Commission shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. [<-Struck out]

[Struck out->] `(ii) Notwithstanding a finding by the Commission that the complainant has made the showing required under clause (i), no investigation otherwise required under subparagraph (A) shall be conducted if the employer demonstrates, by clear and convincing evidence, that the employer would have taken the same unfavorable personnel action in the absence of that behavior. [<-Struck out]

[Struck out->] `(iii) The Commission may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. [<-Struck out]

[Struck out->] `(iv) Relief may not be ordered under subparagraph (A) if the employer demonstrates by clear and convincing evidence that the employer would have taken the same unfavorable personnel action in the absence of that behavior. [<-Struck out]

[Struck out->] `(3)(A) Not later than 120 days after the date of conclusion of any hearing under paragraph (2), the Commission shall issue a final order providing the relief prescribed by this paragraph or denying the complaint. At any time before issuance of a final order, a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the Commission, the complainant, and the person alleged to have committed the violation. [<-Struck out]

[Struck out->] `(B) If, in response to a complaint filed under paragraph (1), the Commission determines that a violation of subsection (a) has occurred, the Commission shall order the person who committed such violation-- [<-Struck out]

[Struck out->] `(i) to take affirmative action to abate the violation; [<-Struck out]

[Struck out->] `(ii) to reinstate the complainant to his or her former position together with the compensation (including back pay) and restore the terms, conditions, and privileges associated with his or her employment; and [<-Struck out]

[Struck out->] `(iii) to provide compensatory damages to the complainant. [<-Struck out]

[Struck out->] If such an order is issued under this paragraph, the Commission, at the request of the complainant, shall assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorneys' and expert witness fees) reasonably incurred, as determined by the Commission, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued. [<-Struck out]

[Struck out->] `(C) If the Commission finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Commission may award to the prevailing employer a reasonable attorney's fee, not exceeding $1,000, to be paid by the complainant. [<-Struck out]

[Struck out->] `(4)(A) Any person adversely affected or aggrieved by a final order issued under paragraph (3) may obtain review of the order in the United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred or the circuit in which the complainant resided on the date of such violation. The petition for review must be filed not later than 60 days after the date of the issuance of the final order of the Commission. Review shall conform to chapter 7 of title 5, United States Code. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the order. [<-Struck out]

[Struck out->] `(B) An order of the Commission with respect to which review could have been obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding. [<-Struck out]

[Struck out->] `(5) Whenever any person has failed to comply with an order issued under paragraph (3), the Commission may file a civil action in the United States district court for the district in which the violation was found to occur, or in the United States district court for the District of Columbia, to enforce such order. In actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including, but not limited to, injunctive relief and compensatory damages. [<-Struck out]

[Struck out->] `(6)(A) A person on whose behalf an order was issued under paragraph (3) may commence a civil action against the person to whom such order was issued to require compliance with such order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order. [<-Struck out]

[Struck out->] `(B) The court, in issuing any final order under this paragraph, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such award is appropriate. [<-Struck out]

[Struck out->] `(d) Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28, United States Code. [<-Struck out]

[Struck out->] `(e) Subsection (a) shall not apply with respect to an employee of a manufacturer, private labeler, distributor, or retailer who, acting without direction from such manufacturer, private labeler, distributor, or retailer (or such person's agent), deliberately causes a violation of any requirement relating to any violation or alleged violation of any order, regulation, or consumer product safety standard under this Act or any other law enforceable by the Commission.'. [<-Struck out]

[Struck out->] `SEC. 23. BAN ON CHILDREN'S PRODUCTS CONTAINING LEAD; LEAD PAINT RULE.` [<-Struck out]

[Struck out->] (a) IN GENERAL- Beginning on the date that is 180 days after the date of the enactment of this Act-- [<-Struck out]

[Struck out->] (1) any children's product (as defined in section 14(e) of the Consumer Product Safety Act (15 U.S.C. 2063(e))) that contains lead shall be treated as a banned hazardous substance under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.); and [<-Struck out]

[Struck out->] (2) the prohibitions contained in section 4 of such Act shall apply without regard to whether the lead contained in such children's product is accessible to children. [<-Struck out]

[Struck out->] (b) TRACE AMOUNTS OF LEAD- For purposes of subsection (a), a children's product shall be considered to contain lead if-- [<-Struck out]

[Struck out->] (1) in the case of a children's product that is jewelry, any part of the product contains lead or lead compounds and the lead content of such part (calculated as lead metal) is greater than 0.02 percent by weight of the total weight of such part (or such lesser amount as may be established by the Commission by regulation); or [<-Struck out]

[Struck out->] (2) in the case of a children's product that is not jewelry, any part of the product contains lead or lead compounds and the lead content of such part (calculated as lead metal) is greater than 0.04 percent by weight of the total weight of such part (or such lesser amount as may be established by the Commission by regulation). [<-Struck out]

[Struck out->] (c) ELECTRONICS- If the Commission determines that it is not feasible for certain electronic devices, including batteries, to comply with subsection (a) at the time the regulations shall take effect, the Commission shall, by regulation-- [<-Struck out]

[Struck out->] (A) issue standards to reduce the exposure of and accessibility to lead in such electronic devices; and [<-Struck out]

[Struck out->] (B) establish a schedule by which such electronic devices shall be in full compliance with the regulations prescribed under subsection (a). [<-Struck out]

[Struck out->] (d) REGULATIONS- On the day after the date of enactment of this Act, the Commission shall initiate a rulemaking proceeding to determine whether thresholds lower than those described in subsection (b) should be prescribed for children's products. If the Commission makes such a determination, the Commission shall promulgate regulations establishing lower thresholds in lieu of the thresholds established in subsection (b). [<-Struck out]

[Struck out->] (e) PAINT STANDARD FOR ALL PRODUCTS- Within 30 days after the date of enactment of this Act, the Consumer Product Safety Commission shall modify section 1303.1 of its regulations (16 C.F.R. 1303.1) by substituting `0.009 percent' for `0.06 percent' in subsection (a) of that section. [<-Struck out]

[Struck out->] `SEC. 24. COST-BENEFIT ANALYSIS UNDER THE POISON PREVENTION PACKAGING ACT OF 1970.` [<-Struck out]

[Struck out->] Section 3 of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472) is amended by adding at the end thereof the following: [<-Struck out]

[Struck out->] `(e) Nothing in this Act shall be construed to require the Secretary, in establishing a standard under this section, to prepare a comparison of the costs that would be incurred in complying with such standard with the benefits of such standard.'. [<-Struck out]

[Struck out->] `SEC. 25. COMPLETION OF UPHOLSTERED FURNITURE RULEMAKING.` [<-Struck out]

[Struck out->] The Consumer Product Safety Commission shall issue a final rule in its proceeding entitled `Ignition of Upholstered Furniture by Small Open Flames and/or Smoldering Cigarettes' for which the Commission issued an advance notice of proposed rulemaking on October 23, 2003 (68 Fed. Reg. 60630), no later than June 1, 2008. [<-Struck out]

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `CPSC Reform Act of 2007'.

(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Amendment of Consumer Product Safety Act.

Sec. 3. Reauthorization.

Sec. 4. Personnel.

Sec. 5. Full Commission requirement; interim quorum.

Sec. 6. Submission of copy of certain documents to Congress.

Sec. 7. Public disclosure of information.

Sec. 8. Rulemaking.

Sec. 9. Prohibition on stockpiling under other Commission-enforced statutes.

Sec. 10. Third party certification of children's products.

Sec. 11. Tracking labels for products for children.

Sec. 12. Substantial product hazard reporting requirement.

Sec. 13. Corrective action plans.

Sec. 14. Identification of manufacturer by importers, retailers, and distributors.

Sec. 15. Repeated importation offenses.

Sec. 16. Prohibited acts.

Sec. 17. Penalties.

Sec. 18. Preemption.

Sec. 19. Sharing of information with Federal, State, local, and foreign agencies.

Sec. 20. Bonding.

Sec. 21. Enforcement by State attorneys general.

Sec. 22. Whistleblower protections.

Sec. 23. Ban on children's products containing lead; lead paint rule.

Sec. 24. Alternative measures of lead content.

Sec. 25. Study of preventable injuries and deaths of minority children related to certain consumer products.

Sec. 26. Cost-benefit analysis under the Poison Prevention Packaging Act of 1970.

Sec. 27. Inspector General reports.

Sec. 28. Public Internet website links.

Sec. 29. Child-resistant portable gasoline containers.

Sec. 30. Toy safety standard.

Sec. 31. All-terrain vehicle safety standard.

Sec. 32. Garage door opener standard.

Sec. 33. Reducing deaths and injuries from carbon monoxide poisoning.

Sec. 34. Completion of cigarette lighter rulemaking.

Sec. 35. Consumer product registration forms.

SEC. 2. AMENDMENT OF CONSUMER PRODUCT SAFETY ACT.

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Consumer Product Safety Act (15 U.S.C. 2051 et seq.).

SEC. 3. REAUTHORIZATION.

(a) IN GENERAL- Section 32 (15 U.S.C. 2081) is amended--

(1) by redesignating subsection (c) as subsection (e); and

(2) by striking subsections (a) and (b) and inserting the following:

`(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) $88,500,000 for fiscal year 2010;

`(3) $96,800,000 for fiscal year 2011;

`(4) $106,480,000 for fiscal year 2012;

`(5) $117,128,000 for fiscal year 2013;

`(6) $128,841,000 for fiscal year 2014; and

`(7) $141,725,000 for fiscal year 2015.

`(b) There are authorized to be appropriated to the Commission for the Office of Inspector General--

`(1) $1,600,000 for fiscal year 2009;

`(2) $1,770,000 for fiscal year 2010;

`(3) $1,936,000 for fiscal year 2011;

`(4) $2,129,600 for fiscal year 2012;

`(5) $2,342,560 for fiscal year 2013;

`(6) $2,576,820 for fiscal year 2014; and

`(7) $2,834,500 for fiscal year 2015.

`(c) There are authorized to be appropriated to the Commission for the purpose of renovation, repair, construction, equipping, and making other necessary capital improvements to the Commission's research, development, and testing facility (including bringing the facility into compliance with applicable environmental, safety, and accessibility standards), $40,000,000 for fiscal years 2009 and 2010.

`(d) There are authorized to be appropriated to the Commission for research, in cooperation with the National Institute of Science and Technology, the Food and Drug Administration, and other relevant Federal agencies into safety issues related to the use of nanotechnology in consumer products, $1,000,000 for fiscal years 2009 and 2010.'.

SEC. 4. PERSONNEL.

(a) Professional Staff-

(1) IN GENERAL- The Consumer Product Safety Commission shall increase the number of fulltime personnel employed by the Commission to at least 500 by October 1, 2013, subject to the availability of appropriations.

(2) PORTS OF ENTRY; OVERSEAS INSPECTORS- The Consumer Product Safety Commission shall hire at least 50 additional personnel to be assigned to duty stations at United states ports of entry, or to inspect overseas production facilities, by October 1, 2010, subject to the availability of appropriations.

(b) PROFESSIONAL CAREER PATH- The Commission shall develop and implement a professional career development program for professional staff to encourage retention of career personnel and provide professional development opportunities for Commission employees.

(c) CHANGE OF EMPLOYMENT STATUS BY POLITICAL APPOINTEES- An individual who is employed by the Commission as a political appointee (as defined in section 9803 of title 5, United States Code) may not be appointed to a position in the competitive service under chapter 51 of title 5, United States Code, or the Senior Executive Service under subchapter II of chapter 31 of such title, by the Commission less than 1 year after termination of the individual's employment by the Commission as a political appointee unless the appointment is authorized by unanimous vote of the Commission.

(d) PERSONNEL IN IMMEDIATE OFFICE OF COMMISSIONERS- The Commission may not reduce the number of fulltime employees in the immediate office of a commissioner unless the reduction is authorized by unanimous vote of the Commission.

SEC. 5. FULL COMMISSION REQUIREMENT; INTERIM QUORUM.

(a) Number of Commissioners-

(1) IN GENERAL- The Congress finds that it is necessary, in order for the Consumer Product Safety Commission to function effectively and carry out the purposes for which the Consumer Product Safety Act was enacted, for the full complement of 5 members of the Commission to serve and participate in the business of the Commission and urges the President to nominate members to fill any vacancy in the membership of the Commission as expeditiously as practicable.

(2) REPEAL OF LIMITATION- Title III of Public Law 102-389 is amended by striking the first proviso in the item captioned `CONSUMER PRODUCT SAFETY COMMISSION, SALARIES AND EXPENSES' (15 U.S.C. 2053 note).

(b) TEMPORARY QUORUM- Notwithstanding section 4(d) of the Consumer Product Safety Act (15 U.S.C. 2053(d)), 2 members of the Consumer Product Safety Commission, if they are not affiliated with the same political party, shall constitute a quorum for the transaction of business for the 9-month period beginning on the date of enactment of this Act.

SEC. 6. SUBMISSION OF COPY OF CERTAIN DOCUMENTS TO CONGRESS.

(a) IN GENERAL- Notwithstanding any rule, regulation, or order to the contrary, the Commission shall comply with the requirements of section 27(k) of the Consumer Product Safety Act (15 U.S.C. 2076(k)) with respect to budget recommendations, legislative recommendations, 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 following:

`(32) section 27(k) of the Consumer Product Safety Act (15 U.S.C. 2076(k)); or'.

SEC. 7. PUBLIC DISCLOSURE OF INFORMATION.

Section 6 (15 U.S.C. 2055) is amended--

(1) by inserting `A manufacturer or private labeler shall submit any such mark within 15 calendar days after the date on which it receives the Commission's offer.' after `paragraph (2).' in subsection (a)(3);

(2) by striking subsection (a)(6) and inserting the following:

`(6) If a manufacturer or private labeler receives a notification from the Commission under paragraph (5) of the Commission's intent to disclose a document marked as confidential by that manufacturer or private labeler, it may appeal the determination of the Commission under paragraph (5) with respect to that document. The appeal shall be made in writing to the general counsel of the Commission before the date set for release of the document and set forth the reason the manufacturer or private labeler believes disclosure of the document is barred by paragraph (2). The general counsel shall act on the appeal within 30 days after receiving it. If the general counsel determines that disclosure of the document is not barred by paragraph (2), the manufacturer or private labeler may appeal the determination of the general counsel to the full Commission, which shall decide within 15 days after receiving it whether the determination of the general counsel is supported by the law and the evidence. The document may not be disclosed during the pendency of an appeal under this paragraph.'; and

(3) by striking subsection (b) and inserting the following:

`(b)(1) Except as provided by paragraph (3) of this subsection, prior to its public disclosure of any information obtained under this Act, or to be disclosed to the public in connection therewith (unless the Commission finds that the public health and safety requires otherwise), the Commission shall, to the extent practicable, notify and provide a summary of the information to each manufacturer or private labeler of any consumer product to which such information pertains, if the manner in which such consumer product is to be designated or described in such information will permit the public to ascertain readily the identity of such manufacturer or private labeler, and shall provide such manufacturer or private labeler not less than 15 days to submit comments to the Commission as to the accuracy of such information.

`(2) In disclosing any information under this subsection, the Commission may, and upon the request of the manufacturer or private labeler shall, include with the disclosure any comments or other information or a summary thereof submitted under paragraph (1) by such manufacturer or private labeler as an addendum.

`(3) Paragraphs (1) and (2) of this subsection do not apply to the public disclosure of--

`(A) information about any consumer product--

`(i) with respect to which the Commission has filed an action under section 12;

`(ii) with respect to which the Commission has issued a complaint under section 15(c) or (d) alleging that such product presents a substantial product hazard; or

`(iii) which the Commission has reasonable cause to believe is in violation of any regulation promulgated by the Commission or any Act enforced by the Commission, or where the Commission determines that the public health or safety requires immediate disclosure or a substantial product hazard exists;

`(B) information in the course of, or concerning, a rulemaking proceeding (which shall commence upon the publication of an advance notice of proposed rulemaking or a notice of proposed rulemaking), an adjudicatory proceeding (which shall commence upon the issuance of a complaint), or other administrative or judicial proceeding under this Act.

`(4) If, after the commencement of a rulemaking or the initiation of an adjudicatory proceeding, the Commission decides to terminate the proceeding before taking final action, the Commission shall, in a manner equivalent to that in which such commencement or initiation was publicized, take reasonable steps to make known the decision to terminate.

`(5) The Commission may not disclose the names or addresses of consumers pursuant to its authority under this section unless the consumer consents in writing to the disclosure.'.

SEC. 8. RULEMAKING.

(a) ANPR Requirement-

(1) IN GENERAL- Section 9 (15 U.S.C. 2058) is amended--

(A) by striking `shall be commenced' in subsection (a) and inserting `may be commenced';

(B) by striking `in the notice' in subsection (b) and inserting `in a notice';

(C) by striking `unless, not less than 60 days after publication of the notice required in subsection (a), the' in subsection (c) and inserting `unless the'; and

(D) by striking `an advance notice of proposed 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 Substances Act-

(1) IN GENERAL- Section 3(a) of the Federal Hazardous Substances Act (15 U.S.C. 1262(a)) is amended to read as follows:

`(a) Rulemaking-

`(1) IN GENERAL- Whenever in the judgment of the Commission such action will promote the objectives of this Act by avoiding or resolving uncertainty as to its application, the Commission may by regulation declare to be a hazardous substance, for the purposes of this Act, any substance or mixture of substances, which it finds meets the requirements of section 2(f)(1)(A).

`(2) PROCEDURE- Proceedings for the issuance, amendment, or repeal of regulations under this subsection and the admissibility of the record of such proceedings in other proceedings, shall be governed by the provisions of subsections (f) through (i) of this section.'.

(2) PROCEDURE- Section 2(q)(2) of the Federal Hazardous Substances Act (15 U.S.C. 1261(q)(2)) is amended by striking `Proceedings for the issuance, amendment, or repeal of regulations pursuant to clause (B) of subparagraph (1) of this paragraph shall be governed by the provisions of sections 701(e), (f), and (g) of the Federal Food, Drug, and Cosmetic Act: Provided, That if' and inserting `Proceedings for the issuance, amendment, or repeal of regulations pursuant to clause (B) of subparagraph (1) of this paragraph shall be governed by the provisions of subsections (f) through (i) of section 3 of this Act, except that if'.

(3) ANPR 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 commenced';

(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 inserting `unless the'.

(4) OTHER CONFORMING AMENDMENTS- The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) is amended--

(A) by striking paragraphs (c) and (d) of section 2 and inserting the following:

`(c) The term `Commission' means the Consumer Product Safety Commission.';

(B) by striking `Secretary' each place it appears and inserting `Commission' except--

(i) in section 10(b) (15 U.S.C. 1269(b));

(ii) in section 14 (15 U.S.C. 1273); and

(iii) in section 21(a) (15 U.S.C. 1276(a));

(C) by striking `Department' each place it appears, except in sections 5(c)(6)(D)(i) and 14(b) (15 U.S.C. 1264(c)(6)(D)(i) and 1273(b)), and inserting `Commission';

(D) by striking `he' and `his' each place they appear in reference to the Secretary and inserting `it' and `its', respectively;

(E) by striking `Secretary of Health, Education, and Welfare' each place it appears in section 10(b) (15 U.S.C. 1269(b)) and inserting `Commission';

(F) by striking `Secretary of Health, Education, and Welfare' each place it appears in section 14 (15 U.S.C. 1273) and inserting `Commission';

(G) by striking `Department of Health, Education, and Welfare' in section 14(b) (15 U.S.C. 1273(b)) and inserting `Commission';

(H) by striking `Consumer Product Safety Commission' each place it appears and inserting `Commission';

(I) by striking `(hereinafter in this section referred to as the `Commission')' in section 14(d) (15 U.S.C. 1273(d)) and section 20(a)(1) (15 U.S.C. 1275(a)(1)); and

(J) by striking paragraph (5) of section 18(b) (15 U.S.C. 1261 note).

(c) RULEMAKING UNDER FLAMMABLE FABRICS ACT-

(1) IN GENERAL- Section 4 of the Flammable Fabrics Act (15 U.S.C. 1193) is amended--

(A) by striking `shall be commenced' in subsection (g) and inserting `may be commenced by a notice of proposed rulemaking or'; and

(B) by striking `unless, not less than 60 days after publication of the notice required in subsection (g), the' in subsection (i) and inserting `unless the'.

(2) OTHER CONFORMING AMENDMENTS- The Flammable Fabrics Act (15 U.S.C. 1193) is amended--

(A) by striking paragraph (i) of section 2 (15 U.S.C. 1191(i)) and inserting the following:

`(i) The term `Commission' means the Consumer Product Safety Commission.';

(B) by striking `Secretary of Commerce' each place it appears and inserting `Commission';

(C) by striking `Secretary' each place it appears and inserting `Commission', except in sections 9 and 14 (15 U.S.C. 1198 and 1201);

(D) by striking `he' and `his' each place they appear in reference to the Secretary and inserting `it' and `its', respectively;

(E) by striking paragraph (5) of section 4(e) (15 U.S.C. 1193(e)) and redesignating paragraph (6) as paragraph (5);

(F) by striking `Consumer Product Safety Commission (hereinafter in this section referred to as the `Commission')' in section 15 (15 U.S.C. 1202) and inserting `Commission';

(G) by striking section 16(d) (15 U.S.C. 1203(d)) and inserting the following:

`(d) In this section, a reference to a flammability standard or other regulation for a fabric, related material, or product in effect under this Act includes a standard of flammability continued in effect by section 11 of the Act of December 14, 1967 (Public Law 90-189).'; and

(H) by striking `Consumer Product Safety Commission' in section 17 (15 U.S.C. 1204) and inserting `Commission'.

SEC. 9. PROHIBITION ON STOCKPILING UNDER OTHER COMMISSION-ENFORCED STATUTES.

Section 9(g)(2) (15 U.S.C. 2058(g)(2)) is amended--

(1) by inserting `or to which a rule under any other law enforced by the Commission applies,' after `applies,'; and

(2) by striking `consumer product safety' the second, third, and fourth places it appears.

SEC. 10. THIRD PARTY CERTIFICATION OF CHILDREN'S PRODUCTS.

(a) IN GENERAL- Section 14(a) (15 U.S.C. 2063(a)) is amended--

(1) by redesignating paragraph (2) as paragraph (5);

(2) by striking `Every manufacturer' in paragraph (1) and inserting `Except as provided in paragraph (2), every manufacturer';

(3) by designating the second and third sentences of subsection (a) as paragraphs (3) and (4), respectively;

(4) by inserting after paragraph (1) the following:

`(2) Every manufacturer of a children's product (and the private labeler of such product if it bears a private label) which is subject to a consumer product safety standard under this Act, or a rule under this or any other Act enforced by the Commission declaring a consumer product a banned hazardous product, shall--

`(A) have the product tested by a third party laboratory qualified to perform such tests or testing programs; and

`(B) issue a certification which shall--

`(i) certify that such product conforms to such consumer product safety standard or is not a banned hazardous product under such rule; and

`(ii) specify the applicable consumer product safety standard or rule.';

(6) by striking `Such certificate shall' in paragraph (3) as redesignated by paragraph (1) and inserting `A certificate required under this subsection shall'; and

(7) in paragraph (5), as redesignated by paragraph (1)--

(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 paragraph (1)' and inserting `requirement under paragraph (1) or (2) (as the case may be)'.

(b) Section 14(b) (15 U.S.C. 2063(b)) is amended--

(1) by inserting `(1)' before the first sentence;

(2) by designating the second sentence as paragraph (2); and

(3) in paragraph (2), as so designated, by striking `Any test or' and inserting `Except as provided in subsection (a)(2), any test or'.

(c) ADVERTISING, LABELING, AND PACKAGING REPRESENTATION- Section 14(c) (15 U.S.C. 2063(c)) is amended--

(1) by striking `(c) The' and inserting `(c)(1) The';

(2) by striking `rule)--' and inserting `rule):';

(3) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively;

(4) by indenting the sentence beginning `Such labels' and inserting `(2)' before `Such labels'; and

(5) by adding at the end thereof the following:

`(4) If an advertisement, label, or package contains a reference to a consumer product safety standard, a statement with respect to whether the product meets all requirements of that standard.'.

(d) Children's Products; Testing by Independent Third Laboratories; Certification- Section 14 (15 U.S.C. 2063) is amended by adding at the end the following:

`(d) Application to Other Consumer Products; Certifier Standards; Audit-

`(1) IN GENERAL- The Commission--

`(A) within 1 year after the date of enactment of the CPSC Reform Act of 2007 shall by rule--

`(i) establish protocols and standards--

`(I) for acceptance of certification or continuing guarantees of compliance by manufacturers under this section; and

`(II) for verifying that products tested by third party laboratories comply with applicable standards under this Act and other Acts enforced by the Commission;

`(ii) prescribe standards for accreditation of third party laboratories, either by the Commission or by 1 or more independent standard-setting organizations to which the Commission delegates authority, to engage in certifying compliance under subsection (a)(2) for children's products or products to which the Commission extends the certification requirements of that subsection;

`(iii) establish requirements, or delegate authority to 1 or more independent standard-setting organizations, for third party laboratory testing, as the Commission determines to be necessary to ensure compliance with any applicable rule or order, of random samples of products certified under this section to determine whether they meet the requirements for certification;

`(iv) establish requirements for periodic audits of third party laboratories by an independent standard-setting organization as a condition for accreditation of such laboratories under this section; and

`(v) establish a program by which manufacturers may label products as compliant with the certification requirements of subsection (a)(2); and

`(B) may by rule extend the certification requirements of subsection (a)(2) to other consumer products or to classes or categories of consumer products.

`(2) INTERIM PROCEDURE- Within 30 days after the date of enactment of the CPSC Reform Act of 2007, the Commission shall--

`(A) consider existing laboratory testing certification procedures established by independent standard-setting organizations; and

`(B) designate an existing procedure for manufacturers of children's products to follow until the Commission issues a final rule under paragraph (1)(A).

`(e) Definitions- In this section:

`(1) CHILDREN'S PRODUCT- The term `children's product' means a product (other than a medication, drug, or food) designed or intended for use by, or care of, a child 7 years of age or younger that is introduced into the interstate stream of commerce. In determining whether a product is intended for use by a child 7 years of age or younger, the following factors shall be considered:

`(A) A statement by a manufacturer about the intended use of such product, including a label on such product, if such statement is reasonable.

`(B) The context and manner of the advertising, promotion, and marketing associated with the product.

`(C) Whether the product is commonly recognized by consumers as being intended for use by a child 7 years of age or younger.

`(D) The Age Determination Guideline issued by the Consumer Product Safety Commission in September 2002 and any subsequent version of such Guideline.

`(2) THIRD PARTY LABORATORY-

`(A) IN GENERAL- The term `third party laboratory' means a testing entity that--

`(i) is designated by the Commission, or by an independent standard-setting organization to which the Commission delegates the authority to make such a designation, as a testing laboratory that is competent to test products for compliance with applicable safety standards under this Act and other Acts enforced by the Commission; and

`(ii) except as provided in subparagraph (B), is a non-governmental entity that is not owned, managed, controlled, or directed by the manufacturer or private labeler.

`(B) EXCEPTION FOR PROPRIETARY LABORATORIES- Upon request, the Commission may certify a laboratory that is owned, managed, controlled, or directed by the manufacturer or private labeler as a third party laboratory if the Commission--

`(i) finds that certification of the laboratory would provide equal or greater consumer safety protection than the manufacturer's use of an independent third party laboratory;

`(ii) establishes procedures to ensure that the laboratory is protected from undue influence, including pressure to modify or hide test results, by the manufacturer or private labeler; and

`(iii) establishes procedures for confidential reporting of allegations of undue influence to the Commission.

`(C) DECERTIFICATION- The Commission, or an independent standard-setting organization to which the Commission has delegated such authority, may decertify a third party laboratory if it finds, after notice and investigation, that a manufacturer or private labeler has exerted undue influence on the laboratory.'.

(e) Label and Certification- Not later than 1 year after the date of the enactment of this Act, the Consumer Product Safety Commission shall prescribe a rule in accordance with section 14(a)(5) and (d) of the Consumer Product Safety Act (15 U.S.C. 2063(a)(5) and (d)) for children's products (as defined in subsection (e) of such section).

(f) PROHIBITION ON IMPORTS OF CHILDREN'S PRODUCTS WITHOUT THIRD PARTY TESTING CERTIFICATION- Section 17(a) (15 U.S.C. 2066(a)) is amended--

(1) by striking `or' at the end of paragraph (4);

(2) by striking `(g).' in paragraph (5) and inserting a `(g); or'; and

(3) by adding at the end the following:

`(6) is a children's product, as that term is defined in section 14(e), or a product for which the Commission, under section 14(d)(1), has required certification under section 14(a)(2), that is not accompanied by a certificate from a third party as required by section 14(a)(2).'.

SEC. 11. TRACKING LABELS FOR PRODUCTS FOR CHILDREN.

(a) Labeling Requirement for Internet and Catalogue Advertising of Certain Toys and Games- Section 24 of the Federal Hazardous Substances Act (15 U.S.C. 1278) is amended--

(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

(2) by inserting after subsection (b) the following:

`(c) Internet, Catalogue, and Other Advertising-

`(1) REQUIREMENT-

`(A) CAUTIONARY STATEMENT- Any advertisement posted by a manufacturer, retailer, distributor, private labeler, or licensor for any toy, game, balloon, small ball, or marble that requires a cautionary statement under subsections (a) and (b), including any advertisement on Internet websites or in catalogues or other distributed materials, shall include the appropriate cautionary statement required under such subsections in its entirety displayed on or immediately adjacent to such advertisement.

`(B) DISPLAY- The cautionary statement described in subparagraph (A) shall be prominently displayed--

`(i) in the primary language used in the advertisement, catalogue, or Internet website;

`(ii) in conspicuous and legible type in contrast by typography, layout, or color with other material printed or displayed in such advertisement; and

`(iii) in a manner consistent with part 1500 of title 16, Code of Federal Regulations.

`(C) DEFINITIONS- In this paragraph, the terms `manufacturer, retailer, distributor, private labeler, and licensor'--

`(i) mean any individual who, by such individual's occupation holds himself or herself out as having knowledge or skill peculiar to consumer products, including any person who is in the business of manufacturing, selling, distributing, labeling, licensing, or otherwise placing in the stream of commerce consumer products; but

`(ii) do not include an individual whose selling activity is intermittent and does not constitute a trade or business.

`(2) ENFORCEMENT- The requirement under paragraph (1) shall be treated as a consumer product safety standard promulgated under section 7 of the Consumer Product Safety Act (15 U.S.C. 2056). The publication or distribution of any advertisement that is not in compliance with paragraph (1) shall be treated as a prohibited act under section 19 of such Act (15 U.S.C. 2068).'.

(b) Tracking Labels for Products for Children- Section 14(a) of the Consumer Product Safety Act (15 U.S.C. 2063(a)), as amended by section 10(a) of this Act, is further amended by adding at the end thereof the following:

`(6) The manufacturer of a children's product or other consumer product (as may be required by the Commission in its discretion after a rulemaking proceeding) shall place distinguishing marks on the product and its packaging, to the extent practicable, that will enable the ultimate purchaser to ascertain the source, date, and cohort (including the batch, run number, or other identifying characteristic) of production of the product by reference to those marks.'.

SEC. 12. SUBSTANTIAL PRODUCT HAZARD REPORTING REQUIREMENT.

Section 15(b) (15 U.S.C. 2064(b)) is amended--

(1) by striking `consumer product distributed in commerce,' and inserting `consumer product (or other product or substance over which the Commission has jurisdiction under this or any other Act) distributed in commerce,';

(2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(3) by inserting after paragraph (1) the following:

`(2) fails to comply with any rule or standard promulgated by the Commission under this or any other Act;'.

SEC. 13. CORRECTIVE ACTION PLANS.

Section 15(d) (15 U.S.C. 2064(d)) is amended--

(1) by inserting `(1)' after `(d)';

(2) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C);

(3) by striking `more (A)' in subparagraph (C), as redesignated, and inserting `more (i)';

(4) by striking `or (B)' in subparagraph (C), as redesignated, and inserting `or (ii)';

(5) by striking `whichever of the following actions the person to whom the order is directed elects:' and inserting `any one or more of the following actions it determines to be in the public interest:';

(6) by indenting the sentence beginning `An order' and inserting `(2)' before `An order';

(7) by striking `satisfactory to the Commission,' and inserting `for approval by the Commission,';

(8) by striking `described in paragraph (3).' and inserting `described in paragraph (1)(C).'; and

(9) 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 that the manufacturer, retailer, or distributor is not executing an approved action plan effectively, the Commission may by order amend, or require amendment of, the action plan.

`(C) If the Commission determines, after notice and opportunity for comment, that a manufacturer, retailer, or distributor has failed to comply substantially with its obligations under its action plan, the Commission may revoke its approval of the action plan. The manufacturer, retailer, or distributor to which the action plan applies may not distribute the product to which the action plan relates in commerce after receipt of notice of a revocation of the action plan.'.

SEC. 14. IDENTIFICATION OF MANUFACTURER BY IMPORTERS, RETAILERS, AND DISTRIBUTORS.

Section 16 (15 U.S.C. 2065) is amended by adding at the end thereof the following:

`(c) Upon request by an officer or employee duly designated by the Commission--

`(1) every importer, retailer, or distributor of a consumer product (or other product or substance over which the 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; 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 it supplied a given consumer 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 it obtained a component thereof.'.

SEC. 15. REPEATED IMPORTATION OFFENSES.

Section 17 (15 U.S.C. 2066) is amended by adding at the end thereof the following:

`(i)(1) The Commission may--

`(A) designate as a repeat offender, after notice and an opportunity for a hearing, any customs broker found by the Commission to have aided and abetted the importation of a consumer product in violation of subsection (a) on multiple occasions (disregarding de minimus violations thereof); and

`(B) refer any such customs broker to United States Customs and Border Protection with a recommendation that its customs broker license be revoked in accordance with that agency's procedures.

`(2) The United States Customs and Border Protection shall revoke the customs broker license of any customs broker referred to it under paragraph (1)(B).'.

SEC. 16. PROHIBITED ACTS.

(a) SALE OF RECALLED PRODUCTS- Section 19(a) (15 U.S.C. 2068(a)) is 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 this Act or 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, but only if the seller, distributor, or manufacturer knew or should have known of such voluntary corrective action; or

`(C) subject to an order issued under section 12 or 15 of this Act, designated a banned hazardous substance under the Federal Hazardous Substances 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);

(4) by striking `insulation).' in paragraph (9) and inserting `insulation);'; and

(5) by striking `18(b).' in paragraph (10) and inserting `18(b); or'.

(b) Export of Recalled Products-

(1) IN GENERAL- Section 18 (15 U.S.C. 2067) is amended by adding at the end thereof the following:

`(c) Notwithstanding any other provision of law, the Commission may prohibit a person from exporting from the United States for purpose of sale any consumer product, or other product or substance that is regulated under this Act of any other Act enforced by the Commission, that the Commission determines, after notice to the manufacturer--

`(1) is not in conformity with an applicable consumer product safety standard under this Act or with a similar rule under any such other Act and does not violate applicable safety standards established by the importing country;

`(2) is subject to an order issued under section 12 or 15 of this 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 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 mandatory corrective action under this Act or any other Act enforced by the Commission if voluntary corrective action had not been taken by the manufacturer, except that the Commission may permit such a product to be exported if it meets applicable safety standards established by the importing country.'.

(2) PENALTY- Section 19(a) (15 U.S.C. 2068(a)), as amended by subsection (a) of this section, is further amended--

(A) by striking `or' after the semicolon in paragraph (10);

(B) by striking `37.' in paragraph (11) and inserting `37; or'; and

(C) by adding at the end thereof the following:

`(12) violate an order of the Commission under section 18(c).'.

(3) CONFORMING AMENDMENTS TO OTHER ACTS-

(A) 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,'.

(B) FLAMMABLE FABRICS ACT- Section 15 of the Flammable Fabrics Act (15 U.S.C. 1202) is amended by adding at the end thereof the following:

`(d) Notwithstanding any other provision of law, the Consumer Product Safety Commission may prohibit 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 standard 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 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 mandatory corrective action under this or another Act enforced by the Commission if voluntary corrective action had not been taken by the manufacturer.'.

(c) FALSE CERTIFICATION OF COMPLIANCE WITH TESTING LABORATORY STANDARD- Section 19(a) (15 U.S.C. 2068(a)), as amended by subsection (b)(2) of this section, is further amended--

(1) by striking `or' after the semicolon in paragraph (11);

(2) by striking `18(c).' in paragraph (12) and inserting `18(c); or'; and

(3) by adding at the end thereof the following:

`(13) sell, offer for sale, distribute in commerce, or import into the United States any consumer product bearing a false certification mark of compliance with a safety standard established by a nationally recognized testing laboratory if such person knew or should have known that the certification mark was false.'.

(d) MISREPRESENTATION OF INFORMATION IN INVESTIGATION- Section 19(a) (15 U.S.C. 2068(a)), as amended by subsection (c) of this section, is further amended--

(1) by striking `or' after the semicolon in paragraph (12);

(2) by striking `false.' in paragraph (13) and inserting `false; or'; and

(3) by adding at the end thereof the following:

`(14) misrepresent to any officer or employee of the Commission the scope of consumer products subject to an action required under section 12 or 15, or to make a material misrepresentation to such an officer or employee in the course of an investigation under this Act or any other Act enforced by the Commission.'.

(e) CERTIFICATES OF COMPLIANCE WITH MANDATORY STANDARDS- Section 19(a)(6) (15 U.S.C. 2068(a)(6)) is amended to read as follows:

`(6) fail to furnish a certificate required by this Act or any other Act enforced by the Commission, or to issue a false certificate if such person in the exercise of due care has reason to know that the certificate is false or misleading in any material respect; or to fail to comply with any rule under section 14(c);'.

(f) UNDUE INFLUENCE ON THIRD PARTY LABORATORIES- Section 19(a) (15 U.S.C. 2068(a)), as amended by subsection (d) of this section, is further amended--

(1) by striking `or' after the semicolon in paragraph (13);

(2) by striking `Commission.' in paragraph (14) and inserting `Commission; or'; and

(3) by adding at the end thereof the following:

`(15) exercise, or attempt to exercise, undue influence on a third party laboratory (as defined in section 14(e)(2)) with respect to the testing, or reporting of the results of testing, of any product for compliance with a standard under this Act or any other Act enforced by the Commission.'.

SEC. 17. PENALTIES.

(a) Civil Penalties-

(1) IN GENERAL- Section 20(a) (15 U.S.C. 2069(a)) is amended--

(A) by striking `$5,000' and inserting `$250,000';

(B) by striking `$1,250,000' each place it appears and inserting `$100,000,000'; and

(C) by striking `December 1, 1994,' in paragraph (3)(B) and inserting `December 1, 2011,'.

(2) FEDERAL HAZARDOUS SUBSTANCES ACT- Section 15(c) of the Federal Hazardous Substances Act (15 U.S.C. 1264(c)) is amended--

(A) by striking `$5,000' in paragraph (1) and inserting `$250,000';

(B) by striking `$1,250,000' each place it appears in paragraph (1) and inserting `$100,000,000'; and

(C) by striking `December 1, 1994,' in paragraph (6)(B) and inserting `December 1, 2011,'.

(3) FLAMMABLE FABRICS ACT- Section 5(e) of the Flammable Fabrics Act (15 U.S.C. 1194(e)) is amended--

(A) by striking `$5,000' in paragraph (1) and inserting `$250,000';

(B) by striking `$1,250,000' in paragraph (1) and inserting `$100,000,000'; and

(C) by striking `December 1, 1994,' in paragraph (5)(B) and inserting `December 1, 2011,'.

(b) Criminal Penalties-

(1) IN GENERAL- Section 21(a) (15 U.S.C. 2070(a)) is amended to read as follows:

`(a) Violation of section 19 of this Act is punishable by--

`(1) imprisonment for not more than--

`(A) 1 year for a knowing violation of that section; or

`(B) 5 years for a knowing and willful violation of that section; and

`(2) a fine determined under section 3571 of title 18, United States Code.'.

(2) DIRECTORS, OFFICERS, AND AGENTS- Section 21(b) (15 U.S.C. 2070(b)) is amended--

(A) by striking `and willfully'; and

(B) by striking `19, and who has knowledge of notice of noncompliance received by the corporation from the Commission,' and inserting `19'.

(3) UNDER THE FEDERAL HAZARDOUS SUBSTANCES ACT- Section 5(a) of the Federal Hazardous Substances Act (15 U.S.C. 1264(a)) is amended to read as follows:

`(a) IN GENERAL- Violation of section 4 of this Act is punishable by--

`(1) imprisonment for not more than--

`(A) 1 year for a knowing violation of that section; or

`(B) 5 years for a knowing and willful violation of that section; and

`(2) a fine determined under section 3571 of title 18, United States Code.'.

(4) UNDER THE FLAMMABLE FABRICS ACT- Section 7 of the Flammable Fabrics Act (15 U.S.C. 1196) is amended to read as follows:

`PENALTIES

`SEC. 7. Violation of section 3 or 8(b) of this Act, or failure to comply with section 15(c) of this Act, is punishable by--

`(1) imprisonment for not more than--

`(A) 1 year for a knowing violation of that section; or

`(B) 5 years for a knowing and willful violation of that section; and

`(2) a fine determined under section 3571 of title 18, United States Code.'.

(c) CIVIL PENALTY CRITERIA- Within 1 year after the date of enactment of this Act, the Consumer Product Safety Commission shall initiate a rulemaking in accordance with section 553 of title 5, United States Code, to establish criteria for the imposition of civil penalties under section 20 of the Consumer Product Safety Act (15 U.S.C. 2069) and any other Act enforced by the Commission, including factors to be considered in establishing the amount of such penalties, such as repeat violations, the precedential value of prior adjudicated penalties, the factors described in section 20(b) of the Consumer Product Safety Act (15 U.S.C. 2069(b)), and other circumstances.

(d) CRIMINAL PENALTIES TO INCLUDE ASSET FORFEITURE- Section 21 (15 U.S.C. 2070) is amended by adding at the end thereof the following:

`(c)(1) In addition to the penalties provided by subsection (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 to pay a fine, be imprisoned, or both.'.

SEC. 18. PREEMPTION.

(a) EFFECT OF RULES AND POLICY STATEMENTS ON PREEMPTION- The provisions of sections 25 and 26 of the Consumer Product Safety Act (15 U.S.C. 2074 and 2075, respectively), section 18 of the Federal Hazardous Substances Act (15 U.S.C. 1261 note), section 16 of the Flammable Fabrics Act (15 U.S.C. 1203), and section 7 of the Poison Packaging Prevention Act of 1970 (15 U.S.C. 1476) establishing the extent to which those Acts preempt, limit, or otherwise affect any other Federal, State, or local law, any rule, procedure, or regulation, or any cause of action under State or local law may not be expanded or contracted in scope, or limited, modified or extended in application, by any rule or regulation thereunder, or by reference in any preamble, statement of policy, executive branch statements, or other matter associated with the publication of any such rule or regulation.

(b) CLARIFICATION OF PREEMPTION- The provisions of sections 25 and 26 of the Consumer Product Safety Act (15 U.S.C. 2074 and 2075, respectively), section 18 of the Federal Hazardous Substances Act (15 U.S.C. 1261 note), section 7 of the Poison Packaging Prevention Act or 1970 (15 U.S.C. 1476), and section 16 of the Flammable Fabrics Act (15 U.S.C. 1203) shall be preemptive of any State or local law, or any cause of action under State or local law, only to the extent provided in those Acts unless compliance with duties imposed by State law would make compliance with the Federal rule or regulations promulgated under those Acts impossible.

SEC. 19. 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 thereof the following:

`(f)(1) The Commission may make information obtained by the Commission under section 6 available to any Federal, State, local, or foreign government agency upon the prior certification of an appropriate official of any such agency, either by a prior agreement or memorandum of understanding with the Commission or by other written certification, that such material will be maintained in confidence and will be used only for official law enforcement or consumer protection purposes, if--

`(A) the agency has set forth a bona fide legal basis for its authority to maintain the material in confidence;

`(B) the materials are to be used for purposes of investigating, or engaging in enforcement proceedings related to, possible violations of--

`(i) laws regulating the manufacture, importation, distribution, or sale of defective or unsafe consumer products, or other practices substantially similar to practices prohibited by any law administered by the Commission;

`(ii) a law administered by the Commission, if disclosure of the material would further a Commission investigation or enforcement proceeding; or

`(iii) with respect to a foreign law enforcement agency, with the approval of the Attorney General, other foreign criminal laws, if such foreign criminal laws are offenses defined in or covered by a criminal mutual legal assistance treaty in force between the government of the United States and the foreign law enforcement agency's government; and

`(C) the foreign government agency is not from a foreign state that the Secretary of State has determined, in accordance with section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), has repeatedly provided support for acts of international terrorism, unless and until such determination is rescinded pursuant to section 6(j)(4) of that Act (50 U.S.C. App. 2405(j)(4)).

`(2) Except as provided in paragraph (3) of this subsection, the Commission shall not be required to disclose under section 552 of title 5, United States Code, or any other provision of law--

`(A) any material obtained from a foreign government agency, if the foreign government agency has requested confidential treatment, or has precluded such disclosure under other use limitations, as a condition of providing the material;

`(B) any material reflecting a consumer complaint obtained from any other foreign source, if the foreign source supplying the material has requested confidential treatment as a condition of providing the material; or

`(C) any material reflecting a consumer complaint submitted to a Commission reporting mechanism sponsored in part by foreign government agencies.

`(3) Nothing in this subsection shall authorize the Commission to withhold information from the Congress or prevent the Commission from complying with an order of a court of the United States in an action commenced by the United States or the Commission.

`(4) The Commission may terminate a memorandum of understanding or other agreement with another agency if it determines that the other agency has not handled information made available by the Commission under paragraph (1) or has failed to maintain confidentiality with respect to the information.

`(5) In this subsection, the term `foreign government agency' means--

`(A) any agency or judicial authority of a foreign government, including a foreign state, a political subdivision of a foreign state, or a multinational organization constituted by and comprised of foreign states, that is vested with law enforcement or investigative authority in civil, criminal, or administrative matters; and

`(B) any multinational organization, to the extent that it is acting on behalf of an entity described in subparagraph (A).'.

SEC. 20. BONDING.

(a) IN GENERAL- The Act (15 U.S.C. 2051 et seq.) is amended by adding at the end thereof the following:

`BOND AUTHORITY

`SEC. 39. (a) The Commission, in a rulemaking proceeding, may require the posting of a bond (or other security acceptable to the Commission) by--

`(1) a person that has committed multiple significant violations of this Act or any rule or Act enforced by the Commission;

`(2) the manufacturer or distributor of a category or class of consumer products; or

`(3) the manufacturer or distributor of any consumer product or any product or substance regulated under any other Act enforced by the Commission.

`(b) AMOUNT- The bond or other security required by the Commission under subsection (a) shall be in an amount sufficient--

`(1) to cover the costs of an effective recall of the product or substance; or

`(2) in the case of an imported product or substance, to cover the costs of holding the product or substance at the port and the destruction of the product should such action be required by the Commission under this Act or any other Act enforced by the Commission.'.

(b) Conforming Amendments-

(1) The table of contents is amended by striking the item relating to section 10 and inserting the following:

`Sec. 10. [Repealed].'.

(2) The table of contents is amended by inserting after the item relating to section 34 the following:

`Sec. 35. Interim cellulose insulation safety standard.

`Sec. 36. Congressional veto of consumer product safety rules.

`Sec. 37. Information reporting.

`Sec. 38. Low-speed electric bicycles.

`Sec. 39. Bonding authority.'.

SEC. 21. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

(a) IN GENERAL- The Act (15 U.S.C. 2051 et seq.) is amended by inserting after section 26 the following:

`ENFORCEMENT BY STATE ATTORNEYS GENERAL

`SEC. 26A. (a) Except as provided in subsection (f), a State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate State or district court of the United States to enforce the provisions of this Act or any other Act enforced by the Commission to obtain penalties and relief provided under such Acts whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a manufacturer, distributor, or retailer entity that violates this Act or a regulation under this Act.

`(b) The State shall serve written notice to the Commission of any civil action under subsection (a) at least 60 days prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide notice immediately upon instituting such civil action.

`(c) Upon receiving the notice required by subsection (b), the Commission may intervene in such civil action and upon intervening--

`(1) be heard on all matters arising in such civil action; and

`(2) file petitions for appeal of a decision in such civil action.

`(d) Nothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence.

`(e) In a civil action brought under subsection (a)--

`(1) the venue shall be a judicial district in which--

`(A) the manufacturer, distributor, or retailer operates; or

`(B) the manufacturer, distributor, or retailer is authorized to do business;

`(2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and

`(3) a person who participated with a manufacturer, distributor, or retailer in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person.

`(f) If the Commission has instituted a civil action or an administrative action for violation of this Act or any other Act enforced by the Commission, no State attorney general, or other official or agency of a State, may bring an action under this section during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this Act alleged in the complaint.

`(g) If the attorney general of the State prevails in any civil action under subsection (a), it can recover reasonable costs and attorney fees from the manufacturer, distributor, or retailer.'.

(b) CONFORMING AMENDMENT- The table of contents is amended by inserting after the item relating to section 26 the following:

`Sec. 26A. Enforcement by state attorneys general.'.

SEC. 22. WHISTLEBLOWER PROTECTIONS.

(a) IN GENERAL- The Act (15 U.S.C. 2051 et seq.), as amended by section 20, is further amended by adding at the end the following:

`WHISTLEBLOWER PROTECTION

`SEC. 40. (a) No manufacturer, private labeler, distributor, or retailer, nor any Federal, State, or local government agency, may discharge an employee or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment because the employee, whether at the employee's initiative or in the ordinary course of the employee's duties (or any person acting pursuant to a request of the employee)--

`(1) provided, caused to be provided, or is about to provide or cause to be provided to the employer, the Federal Government, or the attorney general of a State information relating to any violation or alleged violation of any order, regulation, or consumer product safety standard under this Act or any other law enforced by the Commission (or by the attorney general of a State under section 21);

`(2) testified or is about to testify in such a proceeding;

`(3) assisted or participated or is about to assist or participate in such a proceeding; or

`(4) objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of an applicable law or to be a substantial and specific danger to public health or safety.

`(b)(1) If the Commission, or the attorney general of a State, proceeds with an action against a manufacturer, private labeler, distributor, or retailer for a violation of this Act or any other Act enforced by the Commission, on the basis of information provided by such an employee, the employee shall receive at least 15 percent but not more than 25 percent of any civil penalty assessed and collected by the Commission, or attorney general, for the violation, depending upon the extent to which the information provided by the employee substantially contributed to the enforcement action, as determined by the Commission.

`(2) If the Commission's action is based primarily on disclosures of specific information (other than information provided by the employee) relating to allegations or transactions in a criminal, civil, or administrative hearing, in a congressional, administrative, or Government Accountability Office report, hearing, audit, or investigation, or from the news media, the Commission may award such sums as it considers appropriate to the employee, but in no case more than 10 percent of the civil penalty assessed and collected, taking into account the significance of the information and the role of the employee.

`(3) In the case of an action brought by the attorney general of a State under section 21, the amount of any civil penalty to which such an employee may be entitled shall be determined by the Commission, subject to the limitations in paragraph (1) and (2), in consultation with the attorney general that brought the action.

`(c)(1) A person who believes that he or she has been discharged or otherwise discriminated against by any person in violation of subsection (a) may, not later than 1 year after the date on which such violation occurs, file (or have any person file on his or her behalf) a complaint with the Secretary of Labor alleging such discharge or discrimination and identifying the person responsible for such act. Upon receipt of such a complaint, the Secretary shall notify, in writing, the person named in the complaint of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting the complaint, and of the opportunities that will be afforded to such person under paragraph (2).

`(2)(A) Not later than 60 days after the date of receipt of a complaint filed under paragraph (1) and after affording the complainant and the person named in the complaint an opportunity to submit to the Secretary a written response to the complaint and an opportunity to meet with a representative of the Secretary to present statements from witnesses, the Secretary shall initiate an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify, in writing, the complainant and the person alleged to have committed a violation of subsection (a) of the Secretary's findings. If the Secretary concludes that there is reasonable cause to believe that a violation of subsection (a) has occurred, the Secretary shall accompany the Secretary's findings with a preliminary order providing the relief prescribed by paragraph (3)(B). Not later than 30 days after the date of notification of findings under this paragraph, either the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order, or both, and request a hearing on the record. The filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. Any such hearing shall be conducted expeditiously. If a hearing is not requested in such 30-day period, the preliminary order shall be deemed a final order that is not subject to judicial review.

`(B)(i) The Secretary shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.

`(ii) Notwithstanding a finding by the Secretary that the complainant has made the showing required under clause (i), no investigation otherwise required under subparagraph (A) shall be conducted if the employer demonstrates, by clear and convincing evidence, that the employer would have taken the same unfavorable personnel action in the absence of that behavior.

`(iii) The Secretary may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.

`(iv) Relief may not be ordered under subparagraph (A) if the employer demonstrates by clear and convincing evidence that the employer would have taken the same unfavorable personnel action in the absence of that behavior.

`(3)(A) Not later than 120 days after the date of conclusion of any hearing under paragraph (2), the Secretary shall issue a final order providing the relief prescribed by this paragraph or denying the complaint. At any time before issuance of a final order, a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the Secretary, the complainant, and the person alleged to have committed the violation.

`(B) If, in response to a complaint filed under paragraph (1), the Secretary determines that a violation of subsection (a) has occurred, the Secretary shall order the person who committed such violation--

`(i) to take affirmative action to abate the violation;

`(ii) to reinstate the complainant to his or her former position together with compensation (including back pay) and restore the terms, conditions, and privileges associated with his or her employment; and

`(iii) to provide compensatory damages to the complainant.

If such an order is issued under this paragraph, the Secretary, at the request of the complainant, shall assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorneys' and expert witness fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued.

`(C) If the Secretary finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Secretary may award to the prevailing employer a reasonable attorneys' fee, not exceeding $1,000, to be paid by the complainant.

`(4) If the Secretary has not issued a final decision within 180 days after the filing of the complaint, or within 90 days after receiving a written determination, the complainant may bring an action at law or equity for de novo review in the appropriate district court of the United States with jurisdiction, which shall have jurisdiction over such an action without regard to the amount in controversy, and which action shall, at the request of either party to such action, be tried by the court with a jury. The proceedings shall be governed by the same legal burdens of proof specified in paragraph (2)(B). The court shall have jurisdiction to grant all appropriate relief to the employee available by law or equity, including injunctive relief, compensatory and consequential damages, reasonable attorneys and expert witness fees, court costs, and punitive damages up to $250,000.

`(5)(A) Any person adversely affected or aggrieved by a final order issued under paragraph (3) may obtain review of the order in the United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred or the circuit in which the complainant resided on the date of such violation. The petition for review must be filed not later than 60 days after the date of the issuance of the final order of the Secretary. Review shall conform to chapter 7 of title 5, United States Code. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the order.

`(B) An order of the Secretary with respect to which review could have been obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding.

`(6) Whenever any person has failed to comply with an order issued under paragraph (3), the Secretary may file a civil action in the United States district court for the district in which the violation was found to occur, or in the United States district court for the District of Columbia, to enforce such order. In actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including, but not limited to, injunctive relief and compensatory damages.

`(7)(A) A person on whose behalf an order was issued under paragraph (3) may commence a civil action against the person to whom such order was issued to require compliance with such order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order.

`(B) The court, in issuing any final order under this paragraph, may award costs of litigation (including reasonable attorneys' and expert witness fees) to any party whenever the court determines such award is appropriate.

`(d) Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28, United States Code.

`(e) Subsection (a) shall not apply with respect to an employee of a manufacturer, private labeler, distributor, or retailer who, acting without direction from such manufacturer, private labeler, distributor, or retailer (or such person's agent), deliberately causes a violation of any requirement relating to any violation or alleged violation of any order, regulation, or consumer product safety standard under this Act or any other law enforced by the Commission.'.

(b) CONFORMING AMENDMENT- The table of contents, as amended by section 21 of this Act, is further amended by inserting after the item relating to section 39 the following:

`Sec. 40. Whistleblower protection.'.

SEC. 23. BAN ON CHILDREN'S PRODUCTS CONTAINING LEAD; LEAD PAINT RULE.

(a) IN GENERAL- Beginning on the date that is 180 days after the date of enactment of this Act--

(1) any children's product (as defined in section 14(e) of the Consumer Product Safety Act (15 U.S.C. 2063(e))) that contains lead shall be treated as a banned hazardous substance under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.); and

(2) the prohibitions contained in section 4 of such Act (15 U.S.C. 1263) shall apply without regard to whether the lead contained in such children's product is accessible to children.

(b) TRACE AMOUNTS OF LEAD- For purposes of subsection (a), a children's product shall be considered to contain lead if--

(1) in the case of a children's product that is jewelry, any part of the product contains lead or lead compounds and the lead content of such part (calculated as lead metal) is greater than 0.02 percent by weight of the total weight of such part (or such lesser amount as may be established by the Commission by regulation); or

(2) in the case of a children's product that is not jewelry, any part of the product contains lead or lead compounds and the lead content of such part (calculated as lead metal) is greater than 0.04 percent by weight of the total weight of such part (or such lesser amount as may be established by the Commission by regulation).

(c) ELECTRONICS- If the Commission determines that it is not feasible for certain electronic devices, including batteries, to comply with subsection (a) at the time the regulations take effect, the Commission shall, by regulation--

(A) issue standards to reduce the exposure of and accessibility to lead in such electronic devices; and

(B) establish a schedule by which such electronic devices shall be in full compliance with the regulations prescribed under subsection (a).

(d) REGULATIONS- On the day after the date of enactment of this Act, the Commission shall initiate a rulemaking proceeding to determine whether thresholds lower than those described in subsection (b) should be prescribed for children's products. If the Commission makes such a determination, the Commission shall promulgate regulations establishing lower thresholds in lieu of the thresholds established in subsection (b).

(e) PAINT STANDARD FOR ALL PRODUCTS- Within 30 days after the date of enactment of this Act, the Consumer Product Safety Commission shall modify section 1303.1 of its regulations (16 C.F.R. 1303.1) by substituting `0.009 percent' for `0.06 percent' in subsection (a) of that section.

SEC. 24. ALTERNATIVE MEASURES OF LEAD CONTENT.

The Consumer Product Safety Commission, in cooperation with the National Academy of Sciences and the National Institute of Standards and Technology, shall study the feasibility of establishing a measurement standard based on a units-of-mass-per-area standard (similar to existing measurement standards used by the Department of Housing and Urban Development and the Environmental Protection Agency to measure for metals in household paint and soil, respectively) that is statistically comparable to the parts-per-million measurement standard currently used in laboratory analysis.

SEC. 25. STUDY OF PREVENTABLE INJURIES AND DEATHS OF MINORITY CHILDREN RELATED TO CERTAIN CONSUMER PRODUCTS.

(a) IN GENERAL- Within 90 days after the date of enactment of this Act, the Consumer Product Safety Commission 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, American Indian, Alaskan Native, and Asian/Pacific Islander children in the United States.

(b) REQUIREMENTS- The study shall examine the racial disparities of the rates of preventable injuries and deaths related to suffocation, poisonings, and drowning including those associated with the use of cribs, mattresses and bedding materials, swimming pools and spas, and toys and other products intended for use by children.

(c) REPORT- Not later than 1 year after the date of enactment of this Act, the Commission shall report its findings to the chairmen and ranking members of the Senate Commerce, Science, and Transportation Committee and the House of Representatives Energy and Commerce Committee. The report shall include--

(1) the Commission's findings on the incidence of preventable risks of injury and death among children of minority populations and recommendations for minimizing such increased 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 current statistical disparities.

(d) AUTHORIZATION- There are authorized to be appropriated to the Commission $500,000 for purposes of carrying out this section for fiscal year 2008.

SEC. 26. COST-BENEFIT ANALYSIS UNDER THE POISON PREVENTION PACKAGING ACT OF 1970.

Section 3 of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472) is amended by adding at the end thereof the following:

`(e) Nothing in this Act shall be construed to require the Secretary, in establishing a standard under this section, to prepare a comparison of the costs that would be incurred in complying with such standard with the benefits of such standard.'.

SEC. 27. INSPECTOR GENERAL REPORTS.

(a) Implementation by the Commission-

(1) IN GENERAL- The Inspector General of the Consumer Product Safety Commission shall conduct reviews and audits of implementation of the Consumer Product Safety Act by the Commission, including--

(A) an assessment of the ability of the Commission to enforce subsections (a)(2) and (d) of section 14 of the Act (15 U.S.C. 2063), as amended by section 10 of this Act, including the ability of the Commission to enforce the prohibition on imports of children's products without third party testing certification under section 17(a)(6) of the Act (15 U.S.C. 2066)(a)(6), as added by section 10 of this Act;

(B) an assessment of the ability of the Commission to enforce section 14(a)(6) of the Act (15 U.S.C. 2063(a)(6)), as added by section 11 of this Act, and section 16(c) of the Act, as added by section 14 of this Act; and

(C) an audit of the Commission's capital improvement efforts, including construction of a new testing facility.

(2) ANNUAL REPORT- The Inspector General shall submit an annual report, setting forth the Inspector General's findings, conclusions, and recommendations from the reviews and audits under paragraph (1), for each of fiscal years 2009 through 2015 to the Commission, the Senate Committee on Commerce, Science, and Transportation, and the House of Representatives Committee on Energy and Commerce.

(b) Employee Complaints-

(1) IN GENERAL- Within 1 year after the date of enactment of this Act, the Inspector General shall conduct a review of--

(A) complaints received by the Inspector General from employees of the Commission about violations of rules or regulations of the Consumer Product Safety Act or any other 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 effectiveness of the plans.

(2) REPORT- The Inspector General shall submit a report, setting forth the Inspector General's findings, conclusions, and recommendations, to the Commission, the Senate Committee on Commerce, Science, and Transportation, and the House of Representatives Committee on Energy and Commerce.

(c) Leaks-

(1) IN GENERAL- Within 1 year after the date of enactment of this Act, the Inspector General shall--

(A) conduct a review of whether, and to what extent, there have been unauthorized and unlawful disclosures of information by Members, officers, or employees of the Commission to persons not authorized to receive such information; and

(B) to the extent that such unauthorized and unlawful disclosures have occurred, determine--

(i) what class or kind of information was most frequently involved in such disclosures; and

(ii) how frequently such disclosures have occurred.

SEC. 28. PUBLIC INTERNET WEBSITE LINKS.

Not later than 30 days after the date of enactment of this Act, the Consumer Product Safety Commission shall establish and maintain--

(1) a direct link on the homepage of its Internet website to the Internet website of the Commission's Office of Inspector General; and

(2) a mechanism on the homepage of the Office of Inspector General's Internet website by which individuals may anonymously report cases of waste, fraud, or abuse with respect to the Commission.

SEC. 29. CHILD-RESISTANT PORTABLE GASOLINE CONTAINERS.

(a) Consumer Product Safety Rule-

(1) ESTABLISHMENT- There is established, as a consumer product safety rule promulgated by the Commission in accordance with section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), a requirement that each portable gasoline container for sale in the United States shall conform to the child-resistance requirements for closures on portable gasoline containers specified in the standard ASTM F2517-05, issued by ASTM International.

(b) Revision of Rule-

(1) IN GENERAL- Except as provided in paragraph (2), if, after the date of the enactment of this Act, ASTM International proposes to revise the child resistance requirements of ASTM F2517-05--

(A) ASTM International shall notify the Commission of the proposed revision; and

(B) the proposed revision shall be incorporated in the consumer product safety rule established by subsection (a).

(2) EXCEPTION- If, not later than 60 days after the date of the notice described in paragraph (1)(A), the Commission notifies ASTM International that the Commission has determined that such revision is inconsistent with subsection (a), the requirement of paragraph (1)(B) shall not apply.

(c) Implementing Regulations- With respect to the promulgation of any regulations by the Commission to implement the requirements of this section--

(1) section 553 of title 5, United States Code, shall apply; and

(2) sections 7 and 9 of the Consumer Product Safety Act (15 U.S.C. 2056 and 2058) shall not apply.

(d) Report- Not later than 2 years after the date of enactment of this Act, the Commission shall submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce a report on--

(1) the degree of industry compliance with the consumer product safety rule established by subsection (a);

(2) any enforcement actions brought by the Commission to enforce such rule; and

(3) incidents involving children interacting with portable gasoline containers (including both those that are and are not in compliance with the rule established by subsection (a)).

(e) Definitions- In this section:

(1) COMMISSION- The term `Commission' means the Consumer Product Safety Commission.

(2) PORTABLE GASOLINE CONTAINER- The term `portable gasoline container' means any portable gasoline container intended for use by consumers.

(f) Effective Date- The rule established by subsection (a) shall apply to portable gasoline containers manufactured on or after the date that is 6 months after the date of enactment of this Act.

SEC. 30. TOY SAFETY STANDARD.

(a) IN GENERAL- Beginning 60 days after the date of enactment of this Act, ASTM-International Standard F963-07, Consumer Safety Specifications for Toy Safety, as it exists on the date of enactment of this Act shall be considered to be a consumer product safety rule issued by the Consumer Product Safety Commission under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058).

(b) REVISIONS- If more than 60 days after the date of enactment of this Act, ASTM-International proposes to revise Standard F963-07, Consumer Safety Specifications for Toy Safety, or a successor standard, it shall notify the Commission of the proposed revision and the proposed revision shall be incorporated in the consumer product safety rule. The revised standard shall be considered to be a consumer product safety rule issued by the Consumer Product Safety Commission under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), effective 30 days after the date on which ASTM-International notifies the Commission of the revision unless, within 30 days after receiving that notice, the Commission notifies ASTM-International that it has determined that the proposed revision does not improve the safety of the consumer product covered by the standard. If the Commission so notifies ASTM-International with respect to a proposed revision of the standard, the existing standard shall continue to be considered to be a consumer product safety rule without regard to the proposed revision.

SEC. 31. ALL-TERRAIN VEHICLE SAFETY STANDARD.

(a) IN GENERAL- The Act (15 U.S.C. 2051 et seq.), as amended by section 22 of this Act, is further amended by adding at the end thereof the following:

`ALL-TERRAIN VEHICLE SAFETY STANDARD

`SEC. 41. (a) In General-

`(1) MANDATORY STANDARD- Notwithstanding any other provision of law, within 90 days after the date of enactment of the CPSC Reform Act of 2007 the Commission shall publish in the Federal Register as a mandatory consumer product safety standard the American National Standard for Four Wheel All-Terrain Vehicles Equipment Configuration, and Performance Requirements developed by the Specialty Vehicle Institute of America (American National Standard ANSI/SVIA-1-2007). The standard shall take effect 150 days after it is published.

`(2) COMPLIANCE WITH STANDARD- After the standard takes effect, it shall be unlawful for any manufacturer or distributor to import into or distribute in commerce in the United States any new assembled or unassembled all-terrain vehicle unless--

`(A) the vehicle complies with each applicable provision of the standard;

`(B) the vehicle is subject to an ATV action plan filed with the Commission before January 1, 2008, or subsequently filed with and approved by the Commission, and bears a label certifying such compliance and identifying the manufacturer, importer or private labeler and the ATV action plan to which it is subject; and

`(C) the manufacturer or distributor is in compliance with all provisions of the applicable ATV action plan.

`(3) VIOLATION- The failure to comply with any requirement of paragraph (2) shall be deemed to be a failure to comply with a consumer product safety rule under this Act and subject to all of the penalties and remedies available under this Act.

`(4) COMPLIANT MODELS WITH ADDITIONAL FEATURES- Paragraph (2) shall not be construed to prohibit the distribution in interstate commerce of new all-terrain vehicles that comply with the requirements of that paragraph but also incorporate characteristics or components that are not covered by those requirements. Any such characteristics or components shall be subject to the requirements of section 15 of this Act.

`(b) Modification of All-Terrain Vehicle Safety Standard-

`(1) ANSI REVISIONS- If the American National Standard ANSI/SVIA-1-2007 is revised through the applicable consensus standards development process after the date on which the product safety standard for all-terrain vehicles is published in the Federal Register, the American National Standards Institute shall notify the Commission of the revision.

`(2) COMMISSION ACTION- Within 120 days after it receives notice of such a revision by the American National Standards Institute, the Commission shall issue a notice of proposed rulemaking in accordance with section 553 of title 5, United States Code, to amend the product safety standard for all-terrain vehicles to include any such revision that the Commission determines is reasonably related to the safe performance of all-terrain vehicles, and notify the Institute of any provision it has determined not to be so related. The Commission shall promulgate an amendment to the standard for all-terrain vehicles within 180 days after the date on which the notice of proposed rulemaking for the amendment is published in the Federal Register.

`(3) UNREASONABLE RISK OF INJURY- Notwithstanding any other provision of this Act, the Commission may, pursuant to sections 7 and 9 of this Act, amend the product safety standard for all-terrain vehicles to include any additional provision that the Commission determines is reasonably necessary to reduce an unreasonable risk of injury associated with the performance of all-terrain vehicles.

`(4) CERTAIN PROVISIONS NOT APPLICABLE- Sections 7, 9, 11, and 30(d) of this Act shall not apply to promulgation of any amendment of the product safety standard under paragraph (2). Judicial review of any amendment of the standard under paragraph (2) shall be in accordance with chapter 7 of title 5, United States Code.

`(c) Requirements for 3-Wheeled All-Terrain Vehicles- Until a mandatory consumer product safety rule applicable to 3-wheeled all-terrain vehicles promulgated pursuant to this Act is in effect, new 3-wheeled all-terrain vehicles may not be imported into or distributed in commerce in the United States. Any violation of this subsection shall be considered to be a violation of section 19(a)(1) of this Act and may also be enforced under section 17 of this Act.

`(d) Further Proceedings-

`(1) DEADLINE- The Commission shall issue a final rule in its proceeding entitled `Standards for All Terrain Vehicles and Ban of Three-wheeled All Terrain Vehicles'.

`(2) CATEGORIES OF YOUTH ATVS- In the final rule, the Commission may provide for a multiple factor method of categorization that, at a minimum, takes into account--

`(A) the weight of the vehicle;

`(B) the maximum speed of the vehicle;

`(C) the velocity at which a vehicle of a given weight is travelling at the maximum speed of the vehicle;

`(D) the age of children for whose operation the vehicle is designed or who may reasonably be expected to operate the vehicle; and

`(E) the average weight of children for whose operation the vehicle is designed or who may reasonably be expected to operate the vehicle.

`(e) DEFINITIONS- In this section:

`(1) ALL-TERRAIN VEHICLE OR ATV- The term `all-terrain vehicle' or `ATV' means--

`(A) any motorized, off-highway vehicle designed to travel on 3 or 4 wheels, having a seat designed to be straddled by the operator and handlebars for steering control; but

`(B) does not include a prototype of a motorized, off-highway, all-terrain vehicle or other motorized, off-highway, all-terrain vehicle that is intended exclusively for research and development purposes unless the vehicle is offered for sale.

`(2) ATV ACTION PLAN- The term `ATV action plan' means a written plan or letter of undertaking that describes actions the manufacturer or distributor agrees to take to promote ATV safety, including rider training, dissemination of safety information, age recommendations, other policies governing marketing and sale of the vehicles, the monitoring of such sales, and other safety related measures, and that is substantially similar to the plans described under the heading The Undertakings of the Companies in the Commission Notice published in the Federal Register on September 9, 1998 (63 FR 48199-48204).'.

(b) GAO STUDY- The Comptroller General shall conduct a study of the utility, recreational, and other benefits of all-terrain vehicles to which section 38 of the Consumer Product Safety Act (15 U.S.C. 2085) applies, and the costs associated with all-terrain vehicle-related accidents and injuries.

(c) CONFORMING AMENDMENT- The table of contents, as amended by section 22 of this Act, is further amended by inserting after the item relating to section 40 the following:

`Sec. 41. All-terrain vehicle safety standard.'.

(d) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect 90 days after the date enactment of enactment of this Act.

SEC. 32. GARAGE DOOR OPENER STANDARD.

Notwithstanding section 203(b) of the Consumer Product Safety Improvement Act of 1990 (15 U.S.C. 2056 note) or any amendment by the American National Standards Institute Underwriters Laboratories, Inc. of its Standards for Safety--UL 325, all automatic garage door openers that directly drive the door in the closing direction that are manufactured more than 6 months after the date of enactment of this Act shall include an external secondary entrapment protection device that does not require contact with a person or object for the garage door to reverse.

SEC. 33. REDUCING DEATHS AND INJURIES FROM CARBON MONOXIDE POISONING.

(a) IN GENERAL- The Consumer Product Safety Commission shall issue a final rule in its proceeding entitled `Portable Generators' for which the Commission issued an advance notice of proposed rulemaking on December 12, 2006 (71 Fed. Reg. 74472), no later than 18 months after the date of enactment of this Act.

(b) REPORT- Not later than 120 days after the date of enactment of this Act, the Consumer Product Safety Commission shall submit a report to the Senate Committee on Commerce, Science, and Transportation that--

(1) reviews the effectiveness of its labeling requirements for charcoal briquettes (16 C.F.R. 1500.14(b)(6)) during the windstorm that struck the Pacific Northwest beginning on December 14, 2006;

(2) identifies any specific challenges faced by non-English speaking populations with use of the current standards; and

(3) contains recommendations for improving the labels on charcoal briquettes.

SEC. 34. COMPLETION OF CIGARETTE LIGHTER RULEMAKING.

The Consumer Product Safety Commission shall issue a final rule mandating general safety standards for cigarette lighters in its proceedings entitled `Safety Standard for cigarette Lighters' for which the Commission issued an advance notice of proposed rulemaking on April 11, 2005 (68 Fed. Reg. 11339) no later than 24 months after the date of enactment of this Act.

SEC. 35. CONSUMER PRODUCT REGISTRATION FORMS.

(a) Findings- Congress finds the following:

(1) Unintentional injuries are the leading cause of death among children, and for every such injury that is fatal, approximately 18 children are hospitalized and 1,250 are treated by emergency departments for such injuries that are nonfatal.

(2) According to the Consumer Product Safety Commission, an average of 50 children under the age of 5 die each year in incidents associated with nursery products, and about 16 of these deaths each year are associated with cribs.

(3) In 2003, an estimated 60,700 children under the age of 5 were treated in United States hospital emergency rooms for injuries associated with nursery products, and there were 10,700 injuries to children under the age of 5 years associated with strollers alone.

(4) Of the 397 recalls issued by the Consumer Product Safety Commission in fiscal year 2005, 109 (or 27 percent) were children's products. Children's products were recalled, on average, more than 2 times per week, and accounted for 19,635,627 individual units.

(b) Definitions- In this section:

(1) COMMISSION- The term `Commission' means the Consumer Product Safety Commission.

(2) DURABLE INFANT OR TODDLER PRODUCT- The term `durable infant or toddler product' means a durable product intended for use by, or that may be reasonably expected to be used by, children younger than the age of 5 years, including the following:

(A) Full-size cribs and nonfull-size cribs.

(B) Toddler beds.

(C) High chairs, booster chairs, and hook-on chairs.

(D) Bath seats.

(E) Gates and other enclosures for confining a child.

(F) Play yards.

(G) Stationary activity centers.

(H) Infant carriers.

(I) Strollers.

(J) Walkers.

(K) Swings.

(L) Bassinets and cradles.

(c) Consumer Product Registration Forms-

(1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Commission shall, pursuant to its authority under section 16(b) of the Consumer Product Safety Act (15 U.S.C. 2065(b)), promulgate final consumer product safety rules that require manufacturers of durable infant or toddler products--

(A) in accordance with paragraph (2), to provide consumers with postage-paid consumer registration forms with each such product;

(B) in accordance with paragraph (5), to maintain a record of the names, addresses, e-mail addresses, and other contact information of consumers who register their ownership of such products with the manufacturer in order to improve the effectiveness of manufacturer campaigns to recall such products; and

(C) to place permanently the manufacturer name and contact information, model name and number, and the date of manufacture on each durable infant or toddler product.

(2) REQUIREMENTS FOR REGISTRATION FORMS-

(A) IN GENERAL- The registration forms required by paragraph (1)(A) shall provide space sufficiently large to permit easy, legible recording of the information specified in subparagraph (B)(i).

(B) ELEMENTS- Such forms shall include the following:

(i) Spaces for a consumer to provide the following:

(I) The consumer's name.

(II) The consumer's postal address.

(III) The consumer's telephone number.

(IV) The consumer's e-mail address.

(ii) The manufacturer's name.

(iii) The model name and number for the product.

(iv) The date of manufacture of the product.

(v) A message that--

(I) explains the purpose of the registration; and

(II) is designed to encourage consumers to complete the registration.

(vi) 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.

(vii) A message that explains the option to register via the Internet, as required by paragraph (4).

(C) PLACEMENT- Such form shall be attached to the surface of each durable infant or toddler product so that, as a practical matter, the consumer will notice and handle the form after purchasing the product.

(3) TEXT AND FORMAT OF REGISTRATION FORMS- In promulgating regulations under paragraph (1), the Commission may prescribe the exact text and format of such form.

(4) INTERNET REGISTRATION- In promulgating regulations under paragraph (1), the Commission shall require manufacturers of durable infant or toddler products to provide a mechanism for consumers to submit to the manufacturer via the Internet electronic versions of the registration forms required by paragraph (1)(A).

(5) RECORD KEEPING AND NOTIFICATION REQUIREMENTS-

(A) IN GENERAL- The rules promulgated under paragraph (1) shall require each manufacturer of a durable infant or toddler product--

(i) to maintain a record of consumers who register for such product that includes all of the information provided by such consumers; and

(ii) to use such information to notify such consumers in the event of a voluntary or involuntary recall of, or safety alert regarding, such product.

(B) PERIOD OF MAINTENANCE- Such rules shall require such manufacturers of durable infant or toddler products to maintain the records described in subparagraph (A)(i) for a period of not less than 6 years after the date of manufacture of the product concerned.

(C) LIMITATION ON USE OF INFORMATION COLLECTED- The rules promulgated under paragraph (1) shall prohibit manufacturers from using or disseminating to any other party the information collected by the manufacturer under this subsection for any purpose other than notification to the consumer concerned in the event of a product recall or safety alert regarding the product concerned.

(D) RESERVATION- Nothing in this section requires a manufacturer to collect, retain, or use any information unless it is provided by the consumer.

(d) Report and Study- Not later than 4 years after the date of enactment of this Act, the Commission shall--

(1) conduct a study on the effectiveness of the rules promulgated under subsection (c) in facilitating product recalls; and

(2) submit to Congress a report on the findings of the Commission with respect to the study required by paragraph (1).

Calendar No. 523

110th CONGRESS

1st Session

S. 2045

A BILL

December 5, 2007

Reported with an amendment

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September 12, 2007

December 5, 2007

[Strike out all after the enacting clause and insert the part printed in italic]

[Struck out->] SECTION 1. SHORT TITLE; TABLE OF CONTENTS. [<-Struck out]

[Struck out->] SEC. 2. AMENDMENT OF CONSUMER PRODUCT SAFETY ACT. [<-Struck out]

[Struck out->] SEC. 3. REAUTHORIZATION. [<-Struck out]

[Struck out->] SEC. 4. PERSONNEL. [<-Struck out]

[Struck out->] SEC. 5. FULL COMMISSION REQUIREMENT; INTERIM QUORUM. [<-Struck out]

[Struck out->] SEC. 6. SUBMISSION OF COPY OF CERTAIN DOCUMENTS TO CONGRESS. [<-Struck out]

[Struck out->] SEC. 7. PUBLIC DISCLOSURE OF INFORMATION. [<-Struck out]

[Struck out->] SEC. 8. RULEMAKING. [<-Struck out]

[Struck out->] SEC. 9. PROHIBITION ON STOCKPILING UNDER OTHER COMMISSION-ENFORCED STATUTES. [<-Struck out]

[Struck out->] SEC. 10. THIRD PARTY CERTIFICATION OF CHILDREN'S PRODUCTS. [<-Struck out]

[Struck out->] SEC. 11. TRACKING LABELS FOR PRODUCTS FOR CHILDREN. [<-Struck out]

[Struck out->] SEC. 12. SUBSTANTIAL PRODUCT HAZARD REPORTING REQUIREMENT. [<-Struck out]

[Struck out->] SEC. 13. CORRECTIVE ACTION PLANS. [<-Struck out]

[Struck out->] SEC. 14. IDENTIFICATION OF MANUFACTURER BY IMPORTERS, RETAILERS, AND DISTRIBUTORS. [<-Struck out]

[Struck out->] SEC. 15. REPEATED IMPORTATION OFFENSES. [<-Struck out]

[Struck out->] SEC. 16. PROHIBITED ACTS. [<-Struck out]

[Struck out->] SEC. 17. PENALTIES. [<-Struck out]

[Struck out->] SEC. 18. PREEMPTION. [<-Struck out]

[Struck out->] SEC. 19. SHARING OF INFORMATION WITH FEDERAL, STATE, LOCAL, AND FOREIGN GOVERNMENT AGENCIES. [<-Struck out]

[Struck out->] SEC. 20. BONDING. [<-Struck out]

[Struck out->] `BOND AUTHORITY [<-Struck out]

[Struck out->] SEC. 21. ENFORCEMENT BY STATE ATTORNEYS GENERAL. [<-Struck out]

[Struck out->] `ENFORCEMENT BY STATE ATTORNEYS GENERAL [<-Struck out]

[Struck out->] SEC. 22. WHISTLEBLOWER PROTECTION FOR MANUFACTURERS' EMPLOYEES. [<-Struck out]

[Struck out->] `WHISTLEBLOWER PROTECTION FOR MANUFACTURERS' EMPLOYEES [<-Struck out]

[Struck out->] SEC. 23. BAN ON CHILDREN'S PRODUCTS CONTAINING LEAD; LEAD PAINT RULE. [<-Struck out]

[Struck out->] SEC. 24. COST-BENEFIT ANALYSIS UNDER THE POISON PREVENTION PACKAGING ACT OF 1970. [<-Struck out]

[Struck out->] SEC. 25. COMPLETION OF UPHOLSTERED FURNITURE RULEMAKING. [<-Struck out]

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

SEC. 2. AMENDMENT OF CONSUMER PRODUCT SAFETY ACT.

SEC. 3. REAUTHORIZATION.

SEC. 4. PERSONNEL.

SEC. 5. FULL COMMISSION REQUIREMENT; INTERIM QUORUM.

SEC. 6. SUBMISSION OF COPY OF CERTAIN DOCUMENTS TO CONGRESS.

SEC. 7. PUBLIC DISCLOSURE OF INFORMATION.

SEC. 8. RULEMAKING.

SEC. 9. PROHIBITION ON STOCKPILING UNDER OTHER COMMISSION-ENFORCED STATUTES.

SEC. 10. THIRD PARTY CERTIFICATION OF CHILDREN'S PRODUCTS.

SEC. 11. TRACKING LABELS FOR PRODUCTS FOR CHILDREN.

SEC. 12. SUBSTANTIAL PRODUCT HAZARD REPORTING REQUIREMENT.

SEC. 13. CORRECTIVE ACTION PLANS.

SEC. 14. IDENTIFICATION OF MANUFACTURER BY IMPORTERS, RETAILERS, AND DISTRIBUTORS.

SEC. 15. REPEATED IMPORTATION OFFENSES.

SEC. 16. PROHIBITED ACTS.

SEC. 17. PENALTIES.

`PENALTIES

SEC. 18. PREEMPTION.

SEC. 19. SHARING OF INFORMATION WITH FEDERAL, STATE, LOCAL, AND FOREIGN GOVERNMENT AGENCIES.

SEC. 20. BONDING.

`BOND AUTHORITY

SEC. 21. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

`ENFORCEMENT BY STATE ATTORNEYS GENERAL

SEC. 22. WHISTLEBLOWER PROTECTIONS.

`WHISTLEBLOWER PROTECTION

SEC. 23. BAN ON CHILDREN'S PRODUCTS CONTAINING LEAD; LEAD PAINT RULE.

SEC. 24. ALTERNATIVE MEASURES OF LEAD CONTENT.

SEC. 25. STUDY OF PREVENTABLE INJURIES AND DEATHS OF MINORITY CHILDREN RELATED TO CERTAIN CONSUMER PRODUCTS.

SEC. 26. COST-BENEFIT ANALYSIS UNDER THE POISON PREVENTION PACKAGING ACT OF 1970.

SEC. 27. INSPECTOR GENERAL REPORTS.

SEC. 28. PUBLIC INTERNET WEBSITE LINKS.

SEC. 29. CHILD-RESISTANT PORTABLE GASOLINE CONTAINERS.

SEC. 30. TOY SAFETY STANDARD.

SEC. 31. ALL-TERRAIN VEHICLE SAFETY STANDARD.

`ALL-TERRAIN VEHICLE SAFETY STANDARD

SEC. 32. GARAGE DOOR OPENER STANDARD.

SEC. 33. REDUCING DEATHS AND INJURIES FROM CARBON MONOXIDE POISONING.

SEC. 34. COMPLETION OF CIGARETTE LIGHTER RULEMAKING.

SEC. 35. CONSUMER PRODUCT REGISTRATION FORMS.

December 5, 2007

[Struck out->] `SECTION 1. SHORT TITLE; TABLE OF CONTENTS.` [<-Struck out]

[Struck out->] `SEC. 2. AMENDMENT OF CONSUMER PRODUCT SAFETY ACT.` [<-Struck out]

[Struck out->] `SEC. 3. REAUTHORIZATION.` [<-Struck out]

[Struck out->] `SEC. 4. PERSONNEL.` [<-Struck out]

[Struck out->] `SEC. 5. FULL COMMISSION REQUIREMENT; INTERIM QUORUM.` [<-Struck out]

[Struck out->] `SEC. 6. SUBMISSION OF COPY OF CERTAIN DOCUMENTS TO CONGRESS.` [<-Struck out]

[Struck out->] `SEC. 7. PUBLIC DISCLOSURE OF INFORMATION.` [<-Struck out]

[Struck out->] `SEC. 8. RULEMAKING.` [<-Struck out]

[Struck out->] `SEC. 9. PROHIBITION ON STOCKPILING UNDER OTHER COMMISSION-ENFORCED STATUTES.` [<-Struck out]

[Struck out->] `SEC. 10. THIRD PARTY CERTIFICATION OF CHILDREN'S PRODUCTS.` [<-Struck out]

[Struck out->] `SEC. 11. TRACKING LABELS FOR PRODUCTS FOR CHILDREN.` [<-Struck out]

[Struck out->] `SEC. 12. SUBSTANTIAL PRODUCT HAZARD REPORTING REQUIREMENT.` [<-Struck out]

[Struck out->] `SEC. 13. CORRECTIVE ACTION PLANS.` [<-Struck out]

[Struck out->] `SEC. 14. IDENTIFICATION OF MANUFACTURER BY IMPORTERS, RETAILERS, AND DISTRIBUTORS.` [<-Struck out]

[Struck out->] `SEC. 15. REPEATED IMPORTATION OFFENSES.` [<-Struck out]

[Struck out->] `SEC. 16. PROHIBITED ACTS.` [<-Struck out]

[Struck out->] `SEC. 17. PENALTIES.` [<-Struck out]

[Struck out->] `SEC. 18. PREEMPTION.` [<-Struck out]

[Struck out->] `SEC. 19. SHARING OF INFORMATION WITH FEDERAL, STATE, LOCAL, AND FOREIGN GOVERNMENT AGENCIES.` [<-Struck out]

[Struck out->] `SEC. 20. BONDING.` [<-Struck out]

[Struck out->] `SEC. 21. ENFORCEMENT BY STATE ATTORNEYS GENERAL.` [<-Struck out]

[Struck out->] `SEC. 22. WHISTLEBLOWER PROTECTION FOR MANUFACTURERS' EMPLOYEES.` [<-Struck out]

[Struck out->] `SEC. 23. BAN ON CHILDREN'S PRODUCTS CONTAINING LEAD; LEAD PAINT RULE.` [<-Struck out]

[Struck out->] `SEC. 24. COST-BENEFIT ANALYSIS UNDER THE POISON PREVENTION PACKAGING ACT OF 1970.` [<-Struck out]

[Struck out->] `SEC. 25. COMPLETION OF UPHOLSTERED FURNITURE RULEMAKING.` [<-Struck out]