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H.R. 4040 (110th): Consumer Product Safety Improvement Act of 2008

The text of the bill below is as of Nov 1, 2007 (Introduced).


I

110th CONGRESS

1st Session

H. R. 4040

IN THE HOUSE OF REPRESENTATIVES

November 1, 2007

(for himself, Mr. Stearns, Mr. Dingell, Mr. Barton of Texas, Mr. Towns, Mr. Whitfield, Mr. Gordon of Tennessee, Mr. Burgess, Mr. Stupak, Mr. Wynn, Mr. Gene Green of Texas, Ms. DeGette, Mrs. Capps, Ms. Harman, Mr. Allen, Ms. Solis, Mr. Gonzalez, Mr. Inslee, Ms. Baldwin, Mr. Ross, Mr. Matheson, Mr. Barrow, Mr. Hill, Mr. Emanuel, Mr. Clyburn, Mr. Berry, Mr. Bishop of Georgia, Mr. Boyd of Florida, Mrs. Boyda of Kansas, Mr. Cardoza, Mr. Clay, Mr. Cleaver, Mr. Davis of Illinois, Mr. Ellison, Mrs. Gillibrand, Mr. Al Green of Texas, Mr. Hall of New York, Mr. Hodes, Ms. Eddie Bernice Johnson of Texas, Ms. Kaptur, Mr. Kildee, Mr. Larson of Connecticut, Ms. Jackson-Lee of Texas, Mr. Lipinski, Mrs. McCarthy of New York, Ms. Loretta Sanchez of California, Mr. Scott of Virginia, Mr. Sestak, Mr. Thompson of Mississippi, and Ms. Woolsey) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To establish consumer product safety standards and other safety requirements for children’s products and to reauthorize and modernize the Consumer Product Safety Commission.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Consumer Product Safety Modernization Act.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References.

Title I—Children’s Product Safety

Sec. 101. Ban on children’s products containing lead; lead paint rule.

Sec. 102. Mandatory third-party testing for certain children’s products.

Sec. 103. Tracking labels for children’s products.

Sec. 104. Standards and consumer registration of durable nursery products.

Sec. 105. Labeling requirement for certain internet and catalogue advertising of toys and games.

Title II—Consumer Product Safety Commission Reform

Sec. 201. Reauthorization of the Commission.

Sec. 202. Structure and quorum.

Sec. 203. Submission of copy of certain documents to Congress.

Sec. 204. Expedited rulemaking.

Sec. 205. Public disclosure of information.

Sec. 206. Prohibition on stockpiling under other Commission-enforced statutes.

Sec. 207. Notification of noncompliance with any Commission-enforced statute.

Sec. 208. Corrective action plans.

Sec. 209. Website notice, notice to third party internet sellers, and radio and television notice.

Sec. 210. Identification of manufacturer, importers, retailers, and distributors.

Sec. 211. Export of recalled and non-conforming products.

Sec. 212. Prohibition on sale of recalled products.

Sec. 213. Increased civil penalty.

Sec. 214. Criminal penalties to include asset forfeiture.

Sec. 215. Sharing of information with Federal, State, local, and foreign government agencies.

2.

References

(a)

Commission

As used in this Act, the term Commission means the Consumer Product Safety Commission.

(b)

Consumer Product Safety Act

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

I

Children’s Product Safety

101.

Ban on children’s products containing lead; lead paint rule

(a)

Children’s products containing lead

(1)

Banned Hazardous Substance

Effective 60 days after the date of enactment of this Act, except as provided in paragraph 2(B), any children’s product containing more than the amounts of lead set forth in paragraph (2)(A) shall be a banned hazardous substance within the meaning of section 2(q)(1) of the Federal Hazardous Substances Act (15 U.S.C. 1261(q)(1)).

(2)

Standard for amount of lead

The amounts of lead referred to in paragraph (1) shall be—

(A)
(i)

600 parts per million lead for any part of the product;

(ii)

250 parts per million lead for any part of the product, effective 2 years after the date of enactment of this Act; and

(iii)

100 parts per million lead for any part of a product, effective 4 years after the date of enactment of this Act, unless the Commission determines, after notice and a hearing, that a standard of 100 parts per million is not feasible; or

(B)

90 parts per million of soluble lead for any part of the product, as determined by the Commission by rule.

(3)

Commission revisions of the standard

(A)

More stringent standard

The Commission may revise the standard set forth in paragraph (2) to any lower amount of lead than is set forth in such subsection that the Commission determines is feasible to achieve.

(B)

Periodic review

The Commission shall, based on the best available scientific and technical information, periodically review and revise the standard set forth in this section to require the lowest amount of lead that the Commission determines is feasible to achieve.

(4)

Definition of children’s product

(A)

In general

As used in this subsection, the term children’s product means a consumer product as defined in section 3(1) of the Consumer Product Safety Act (15 U.S.C. 2052(1)) designed or intended primarily for children 12 years of age or younger.

(B)

Factors to be considered

In determining whether a product is primarily intended for a child 12 years of age or younger, the following factors shall be considered:

(i)

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

(ii)

Whether the product is represented in its packaging, display or advertising as appropriate for use by children 12 years of age or younger.

(iii)

Whether the product is commonly recognized by consumers as being intended for use by child 12 years of age or younger.

(iv)

The Age Determination Guideline issued by the Commission in September 2002, and any successor thereto.

(5)

Exception for inaccessible component parts

The standards established under paragraph (2) shall not apply to any component of a children’s product that is not accessible to a child through normal and reasonably foreseeable use and abuse of such product, as determined by the Commission. A component part is not accessible under this paragraph if such component is not physically exposed by reason of a sealed covering or casing and does not become physically exposed through reasonably foreseeable use and abuse of the product. The Commission may require that certain electronic devices be equipped with a child-resistant cover or casing that prevents exposure of and accessibility to the parts of the product containing lead if the Commission determines that it is not feasible for such products to otherwise meet such standards.

(6)

No effect on State application for exemption

Nothing in this subsection affects section 18(b)(3) of the Federal Hazardous Substances Act 15 U.S.C. 1261(b)(3).

(b)

Paint standard for all products

Not later than 30 days after the date of enactment of this Act, the Commission shall modify section 1303.1 of title 16, Code of Federal Regulations, by substituting 0.009 percent for 0.06 percent in subsection (a) of that section.

102.

Mandatory third-party testing for certain children’s products

(a)

Mandatory and third-party testing

Section 14(a) (15 U.S.C. 2063(a)) is amended—

(1)

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

(2)

by redesignating paragraph (2) as paragraph (3) and inserting after paragraph (1) the following:

(2)

Every manufacturer of a children’s product (and the private labeler of such children’s product if such product bears a private label) which is subject to a consumer product safety rule under this Act or a similar rule under any other Act enforced by the Commission, shall—

(A)

have the product tested by a independent third party qualified to perform such tests; and

(B)

issue a certification which shall—

(i)

certify that such product conforms to such standards or rules; and

(ii)

specify the applicable consumer product safety standards or other such rules.

; and

(3)

in paragraph (3) (as so redesignated)—

(A)

by striking required by paragraph (1) of this subsection and inserting required by paragraph (1) or (2) (as the case may be); and

(B)

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

(b)

Definition of Children's Products and Independent Third Party

Section 14 (15 U.S.C. 2063) is amended by adding at the end the following:

(d)

Definitions

In this section, the following definitions apply:

(1)

Children’s product

(A)

In general

The term children’s product means a consumer product designed or intended primarily for children 6 years of age or younger. In determining whether a product is primarily intended for a child 6 years of age or younger, the following factors shall be considered:

(i)

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

(ii)

Whether the product is represented in its packaging, display or advertising as appropriate for use by children 6 years of age or younger.

(iii)

Whether the product is commonly recognized by consumers as being intended for use by child 6 years of age or younger.

(iv)

The Age Determination Guideline issued by the Commission in September 2002, and any successor thereto

(B)

Children’s product containing lead

For purposes of the third party testing required by subsection (a)(2) concerning prohibited levels of lead in children’s products, the definition of children’s product in section 101(a)(4) of the Consumer Product Safety Modernization Act shall apply.

(2)

The term independent third party, means an independent testing entity that is physically 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, and that is accredited in accordance with an accreditation process established or recognized by the Commission.

.

103.

Tracking labels for children’s products

Section 14(a) (15 U.S.C. 2063(a)) is further amended by adding at the end the following:

(4)

Effective 1 year after the date of enactment of the Consumer Product Safety Modernization Act, the manufacturer of a children’s product shall, to the extent feasible, place distinguishing marks on the product and its packaging that will enable the manufacturer and the ultimate purchaser to ascertain the location and date of production of the product, and any other information determined by the manufacturer to facilitate ascertaining the specific source of the product by reference to those marks.

.

104.

Standards and consumer registration of durable nursery products

(a)

Safety standards

Not later than 1 year after the date of enactment of this Act, the Consumer Products Safety Commission shall—

(1)

examine and assess the effectiveness of any voluntary consumer product safety standards on which the Commission has relied with respect to durable infant or toddler product; and

(2)

in accordance with section 553 of title 5, United States Code, promulgate consumer product safety rules that—

(A)

are substantially the same as such voluntary standards; or

(B)

are more stringent than such voluntary standards, if the Commission determines that more stringent standards would further reduce the risk of injury associated with such products.

(b)

Consumer registration requirement

(1)

Rulemaking

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

(A)

to provide consumers with a postage-paid consumer registration form with each such product;

(B)

to maintain a record of the names, addresses, email 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 permanently place the manufacturer name and contact information, model name and number, and the date of manufacture on each durable infant or toddler product.

(2)

Requirements for registration form

The registration form required to be provided to consumers under subsection (a) shall—

(A)

include spaces for a consumer to provide their name, address, telephone number, and email address;

(B)

include space sufficiently large to permit easy, legible recording of all desired information;

(C)

be attached to the surface of each durable infant or toddler product so that, as a practical matter, the consumer must notice and handle the form after purchasing the product;

(D)

include the manufacturer’s name, model name and number for the product, and the date of manufacture;

(E)

include a message explaining the purpose of the registration and designed to encourage consumers to complete the registration;

(F)

include an option for consumers to register through the Internet; and

(G)

include a statement that information provided by the consumer shall not be used for any purpose other than to facilitate a recall of or safety alert regarding that product.

In issuing regulations under this section, the Commission may prescribe the exact text and format of the required registration form.
(3)

Record keeping and notification requirements

The standard required under this section shall require each manufacturer of a durable infant or toddler product to maintain a record of registrants for each product manufactured that includes all of the information provided by each consumer registered, and to use such information to notify such consumers in the event of a voluntary or involuntary recall of or safety alert regarding such product. Each manufacturer shall maintain such a record for a period of not less than 6 years after the date of manufacture of the product. Consumer information collected by a manufacturer under this Act may not be used by the manufacturer, nor disseminated by such manufacturer to any other party, for any purpose other than notification to such consumer in the event of a product recall or safety alert.

(4)

Study

The Commission shall conduct a study at such time as it considers appropriate on the effectiveness of the consumer registration forms in facilitating product recalls. Not later than 4 years after the date of enactment of this Act, the Commission shall report its findings to Congress.

(c)

Definition of durable infant or toddler product

As used in this section, the term durable infant or toddler product

(1)

means a durable product intended for use, or that may be reasonably expected to be used, by children under the age of 5 years; and

(2)

shall include—

(A)

full-size cribs and nonfull-size cribs;

(B)

toddler beds;

(C)

high chairs, booster chairs, and hook-on chairs;

(D)

bath seats;

(E)

gates and other enclosures for confining a child;

(F)

play yards;

(G)

stationary activity centers;

(H)

infant carriers;

(I)

strollers;

(J)

walkers;

(K)

swings; and

(L)

bassinets and cradles.

105.

Labeling requirement for certain internet and catalogue advertising of toys and games

Section 24 of the Federal Hazardous Substances Act (15 U.S.C. 1278) is amended—

(1)

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

(2)

by inserting after subsection (b) the following:

(c)

Internet, catalogue, and other advertising

(1)

Requirement

Any advertisement of a retailer, manufacturer, importer, distributor, private labeler, or licensor that provides a direct means for the purchase or ordering of any toy, game, balloon, small ball, or marble that requires a cautionary statement under subsections (a) and (b), including advertisement on Internet websites or in catalogues or other distributed materials, shall include the appropriate cautionary statement required under such subsections in its entirety displayed on or immediately adjacent to such advertisement. Such cautionary statement shall be displayed in the language that is primarily used in the advertisement, catalogue, or Internet website, and in a clear and conspicuous manner consistent with part 1500 of title 16, Code of Federal Regulations (or a successor regulation thereto).

(2)

Enforcement

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

.

II

Consumer Product Safety Commission Reform

201.

Reauthorization of the Commission

(a)

Authorization of Appropriations

Subsections (a) and (b) of section 32 (15 U.S.C. 2081) are amended to read as follows:

(a)

There are authorized to be appropriated to the Commission for the purpose of carrying out the provisions of this Act and any other provision of law the Commission is authorized or directed to carry out—

(1)

$80,000,000 for fiscal year 2009;

(2)

$90,000,000 for fiscal year 2010; and

(3)

$100,000,000 for fiscal year 2011.

(b)

In addition to the amounts specified in subsection (a), there are authorized to be appropriated $20,000,000 to the Commission for fiscal years 2009 through 2011, for the purpose of renovation, repair, reconstruction, re-equipping, and making other necessary capital improvements to the Commission’s research, development, and testing facility (including bringing the facility into compliance with applicable environmental, safety, and accessibility standards).

.

(b)

Report to Congress

Not later than 6 months after the date of enactment of this Act, the Commission shall transmit to Congress a report of its plans to allocate the funding authorized by subsection (a). Such report shall include—

(1)

the number of full time inspectors the Commission intends to employ;

(2)

the plan of the Commission for risk assessment and inspection of imported consumer products; and

(3)

the efforts of the Commission to reach and educate informal sellers, such as thrift shops and yard sales, concerning consumer product safety standards, especially standards relating to durable nursery products, in order to prevent the resale of any products that have been recalled.

202.

Structure and quorum

(a)

Extension of temporary quorum

Notwithstanding section 4(d) of the Consumer Product Safety Act (15 U.S.C. 2053(d)), 2 members of the Commission, if they are not affiliated with the same political party, shall constitute a quorum for the transaction of business for the period beginning on the date of enactment of this Act through August 3, 2008.

(b)

Repeal of limitation

The first proviso in the account under the heading consumer product safety commission, salaries and expenses in title III of Public Law 102–389 (15 U.S.C. 2053 note) shall cease to be in effect after fiscal year 2010.

203.

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) 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

.

204.

Expedited rulemaking

(a)

Rulemaking under the Consumer Product Safety Act

(1)

Advanced notice of proposed rulemaking Requirement

Section 9 (15 U.S.C. 2058) is amended—

(A)

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

(D)

by inserting or notice of proposed rulemaking after advance notice of proposed rulemaking in subsection (c); and

(E)

by striking an advance notice of 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)

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 the Commission finds meets the requirements section 2(f)(1)(A).

.

(2)

Procedure

(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.

(B)

Section 3(a)(2) of the Federal Hazardous Substances Act (15 U.S.C. 1262(a)(2) is amended to read as follows:

(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.

.

(3)

Advanced notice of proposed rulemaking requirement

Section 3 of the Federal Hazardous Substances Act (15 U.S.C. 1262) is amended—

(A)

by striking shall be commenced in subsection (f) and inserting may be 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)

Conforming amendments

The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) is amended—

(A)

by striking paragraph (d) of section 2 and inserting the following:

(d)

The term Commission means the Consumer Product Safety Commission.

;

(B)

by striking Secretary each place it appears and inserting Commission except—

(i)

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

(ii)

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

(iii)

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

(C)

by striking Department each place it appears, except in section 14(b), and inserting Commission;

(D)

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

(E)

by striking Secretary of Health, 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; and

(I)

by striking (hereinafter in this section referred to as the Commission) in section 20(a)(1) (15 U.S.C. 1275(a)(1)).

205.

Public disclosure of information

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

(1)

in paragraph (1)—

(A)

by striking 30 days and inserting 15 days;

(B)

by striking finds that the public and inserting publishes a finding that the public; and

(C)

by striking and publishes such a finding in the Federal Register;

(2)

in paragraph (2)—

(A)

by striking 10 days and inserting 5 days;

(B)

by striking finds that the public and inserting publishes a finding that the public; and

(C)

by striking and publishes such a finding in the Federal Register;

(3)

in paragraph (4), by striking section 19 (related to prohibited acts) and inserting any consumer product safety rule under this Act or similar rule under or provision of any other Act administered by the Commission; and

(4)

in paragraph (5)—

(A)

in subparagraph (B), by striking ; or and inserting a semicolon;

(B)

in subparagraph (C), by striking the period and inserting ; or;

(C)

by adding at the end the following:

(D)

the Commission publishes a finding that the public health and safety require public disclosure with a lesser period of notice than is required under paragraph (1).

; and

(D)

in the matter following such subparagraph (as added by subparagraph (C)), by striking section 19(a) and inserting any consumer product safety rule under this Act or similar rule under or provision of any other Act administered by the Commission.

206.

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.

207.

Notification of noncompliance with any Commission-enforced statute

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

(1)

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

(2)

by inserting after paragraph (1) the following:

(2)

fails to comply with any other rule affecting health and safety promulgated by the Commission under the Federal Hazardous Substances Act, the Flammable Fabrics Act, or the Poison Prevention Packaging Act;

.

208.

Corrective action plans

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

(1)

by inserting (1) after the subsection designation;

(2)

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

(3)

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

(4)

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

(5)

by striking An order under this subsection may and inserting:

(2)

An order under this subsection shall

;

(6)

by striking , satisfactory to the Commission, and inserting , as promptly as practicable under the circumstances, as determined by the Commission, for approval by the Commission,; and

(7)

by adding at the end the following:

(3)
(A)

If the Commission approves an action plan, it shall indicate its approval in writing.

(B)

If the Commission finds that an approved action plan is not effective, or 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.

.

209.

Website notice, notice to third party internet sellers, and radio and television notice

Section 15(c)(1) (15 U.S.C. 2064(c)(1)) is amended by inserting , including posting clear and conspicuous notice on its Internet website, providing notice to any third party Internet website on which such manufacturer, retailer, or distributor has placed the product for sale, and announcements in languages other than English and on radio and television where the Commission determines that a substantial number of consumers to whom the recall is directed may not be reached by other notice after comply.

210.

Identification of manufacturer, 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, to the extent that such information is in the possession of the importer, retailer, or distributor; and

(2)

every manufacturer shall identify by name, address, or such other identifying information as the officer or employee may request—

(A)

each retailer or distributor to which the manufacturer directly supplied a given 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 the manufacturer obtained a component thereof.

.

211.

Export of recalled and non-conforming products

(a)

In general

Section 18 (15 U.S.C. 2067) is amended by adding at the end the following:

(c)

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

(1)

is not in conformity with an applicable consumer product safety rule under this Act or a similar rule under any such other Act;

(2)

is subject to an order issued under section 12 or 15 of this Act or designated as a banned hazardous substance under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.); or

(3)

is subject to a voluntary corrective action taken by the manufacturer, in consultation with the Commission, of which action the Commission has notified the public and that would have been subject to a mandatory corrective action under this or another Act enforced by the Commission if voluntary action had not been taken by the manufacturer,

unless the importing country has notified the Commission that such country accepts the importation of such product.

.

(b)

Prohibited Act

Section 19(a)(10) (15 U.S.C. 2068(a)(10)) is amended by striking the period at the end and inserting or violate an order of the Commission issued under section 18(c); or.

(c)

Conforming amendments to other Acts

(1)

Federal Hazardous Substances Act

Section 5(b)(3) of the Federal Hazardous Substances Act (15 U.S.C. 1264(b)(3)) is amended by striking substance presents an unreasonable risk of injury to persons residing in the United States and inserting substance is prohibited under section 18(c) of the Consumer Product Safety Act,.

(2)

Flammable Fabrics Act

Section 15 of the Flammable Fabrics Act (15 U.S.C. 1202) is amended by adding at the end the following:

(d)

Notwithstanding any other provision of this section, the Consumer Product Safety Commission may prohibit, by order, a person from exporting from the United States for purpose of sale any fabric, related material, or product that the Commission determines, after notice to the manufacturer—

(1)

is not in conformity with an applicable consumer product safety rule under the Consumer Product Safety Act or with a rule under this Act;

(2)

is subject to an order issued under section 12 or 15 of the Consumer Product Safety Act or designated as a banned hazardous substance under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.); or

(3)

is subject to a voluntary corrective action taken by the manufacturer, in consultation with the Commission, of which action the Commission has notified the public and that would have been subject to a mandatory corrective action under this or another Act enforced by the Commission if voluntary action had not been taken by the manufacturer,

unless the importing country has notified the Commission that such country accepts the importation of such product.

.

212.

Prohibition on sale of recalled products

Section 19(a) (as amended by section 210) (15 U.S.C. 2068(a)) is further amended—

(1)

by striking paragraph (1) and inserting the following:

(1)

sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States any consumer product, or other product or substance that is regulated under any other Act 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; 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); and

(4)

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

213.

Increased civil penalty

(a)

Maximum civil penalties of the Consumer Product Safety Commission

(1)

Initial increase in maximum civil penalties

(A)

Temporary increase

Notwithstanding the dollar amounts specified for maximum civil penalties specified in section 20(a)(1) of the Consumer Product Safety Act (15 U.S.C. 2069(a)(1)), section 5(c)(1) of the Federal Hazardous Substances Act, and section 5(e)(1) of the Flammable Fabrics Act (15 U.S.C. 1194(e)(1)), the maximum civil penalties for any violation specified in such sections shall be $5,000,000, beginning on the date that is the earlier of the date on which final regulations are issued under section 3(b) or 360 days after the date of enactment of this Act.

(B)

Effective date

Paragraph (1) shall cease to be in effect on the date on which the amendments made by subsection (b)(1) shall take effect.

(2)

Permanent increase in maximum civil penalties

(A)

Amendments

(i)

Consumer Product Safety Act

Section 20(a)(1) 15 U.S.C. 2069(a)(1)) is amended by striking $1,250,000 both places it appears and inserting $10,000,000.

(ii)

Federal Hazardous Substances Act

Section 5(c)(1) of the Federal Hazardous Substances Act (15 U.S.C. 1264(c)(1)) is amended by striking $1,250,000 both places it appears and inserting $10,000,000.

(iii)

Flammable Fabrics Act

Section 5(e)(1) of the Flammable Fabrics Act (15 U.S.C. 1194(e)(1)) is amended by striking $1,250,000 and inserting $10,000,000.

(B)

Effective date

The amendments made by paragraph (1) shall take effect on the date that is 1 year after the earlier of—

(i)

the date on which final regulations are issued pursuant to section 3(b); or

(ii)

360 days after the date of enactment of this Act.

(b)

Determination of penalties by the Consumer Product Safety Commission

(1)

Factors to be considered

(A)

Consumer Product Safety Act

Section 20(b) (15 U.S.C. 2069(b)) is amended—

(i)

by inserting the nature, circumstances, extent, and gravity of the violation, including after shall consider;

(ii)

by striking products distributed, and and inserting products distributed,; and

(iii)

by inserting , and such other factors as appropriate before the period.

(B)

Federal Hazardous Substances Act

Section 5(c)(3) of the Federal Hazardous Substances Act (15 U.S.C. 1264(c)(3)) is amended—

(i)

by inserting the nature, circumstances, extent ,and gravity of the violation, including after shall consider;

(ii)

by striking substance distributed, and and inserting substance distributed,; and

(iii)

by inserting , and such other factors as appropriate before the period.

(C)

Flammable Fabrics Act

Section 5(e)(2) of the Flammable Fabrics Act (15 U.S.C. 1194(e)(2)) is amended—

(i)

by striking nature and number and inserting nature, circumstances, extent, and gravity;

(ii)

by striking absence of injury, and and inserting absence of injury,; and

(iii)

by inserting , and such other factors as appropriate before the period.

(2)

Regulations

Not later than 1 year after the date of enactment of this Act, and in accordance with the procedures of section 553 of title 5, United States Code, the Commission shall issue a final regulation providing its interpretation of the penalty factors described in section 20(b) of the Consumer Product Safety Act (15 U.S.C. 2069(b)), section 5(c)(3) of the Federal Hazardous Substances Act (15 U.S.C. 1264(c)(3)), and section 5(e)(2) of the Flammable Fabrics Act (15 U.S.C. 1194(e)(2)), as amended by subsection (a).

214.

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 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.

(2)

In this subsection, the term criminal violation means a violation of this Act of any other Act enforced by the Commission for which the violator is sentenced under this section, section 5(a) of the Federal hazardous Substances Act (15 U.S.C. 2064(a)), or section 7 of the Flammable Fabrics Act (15 U.S.C. 1196).

.

215.

Sharing of information with Federal, State, local, and foreign government agencies

Section 29 (15 U.S.C. 2078) is amended by adding at the end the following:

(f)
(1)

The Commission may make information 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)

The Commission may abrogate any agreement or memorandum of understanding entered into under paragraph (1) if the Commission determines that the foreign government agency with which such agreement or memorandum of understanding was entered into has failed to maintain in confidence any information provided under such agreement or memorandum of understanding, or has used any such information for purposes other than those set forth in such agreement or memorandum of understanding.

(3)
(A)

Except as provided in subparagraph (B) of this paragraph, the Commission shall not be required to disclose under section 552 of title 5, United States Code, or any other provision of law—

(i)

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

(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

(iii)

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

(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.

(4)

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).

.