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

The text of the bill below is as of Dec 19, 2007 (Reported by House Committee).

Source: GPO

IB

Union Calendar No. 306

110th CONGRESS

1st Session

H. R. 4040

[Report No. 110–501]

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

December 19, 2007

Additional sponsors: Ms. Shea-Porter, Mr. Doyle, Mrs. Lowey, Mr. McNerney, Ms. Matsui, Mr. Butterfield, Ms. Bordallo, Ms. Herseth Sandlin, Ms. Wasserman Schultz, Mr. Walsh of New York, Mr. DeFazio, Mr. McNulty, Mr. Hastings of Florida, Mr. Wilson of Ohio, Ms. Giffords, Ms. Castor, Ms. Lee, Mr. Langevin, Ms. Sutton, Mr. Farr, Mr. Van Hollen, Mr. Reyes, Mr. Hinojosa, Mr. Visclosky, Mr. Perlmutter, Mr. Space, Mr. Moore of Kansas, Mr. Honda, Mr. Boucher, Mr. Fortenberry, Ms. Richardson, Mr. Hare, Ms. Clarke, Mr. Courtney, Mr. Sarbanes, Mr. Sires, Mr. Johnson of Georgia, Mr. Lampson, Ms. Hooley, Mr. Mahoney of Florida, Mr. Reichert, Mr. Engel, Mr. Pomeroy, Mr. Moran of Virginia, Mr. Melancon, Mr. Welch of Vermont, Mr. Walden of Oregon, Mr. Waxman, Mr. Pastor, Mrs. Tauscher, Mr. Murphy of Connecticut, Ms. Bean, Mr. Cummings, Ms. Schakowsky, Mr. Ackerman, Mr. Altmire, and Mr. Donnelly

December 19, 2007

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

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

For text of introduced bill, see copy of bill as introduced on November 1, 2007

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.

Sec. 3. Authority to issue implementing regulations.

Title I—Children’s Product Safety

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

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

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

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

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

Sec. 106. Study of preventable injuries and deaths in minority children related to consumer products.

Sec. 107. Review of generally-applicable standards for toys.

Title II—Consumer Product Safety Commission Reform

Sec. 201. Reauthorization of the Commission.

Sec. 202. Structure and quorum.

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

Sec. 204. Expedited rulemaking.

Sec. 205. Public disclosure of information.

Sec. 206. Publicly available information on incidents involving injury or death.

Sec. 207. Prohibition on stockpiling under other Commission-enforced statutes.

Sec. 208. Notification of noncompliance with any Commission-enforced statute.

Sec. 209. Enhanced recall authority and corrective action plans.

Sec. 210. Website notice, notice to third party internet sellers, and radio and television notice.

Sec. 211. Inspection of certified proprietary laboratories.

Sec. 212. Identification of manufacturer, importers, retailers, and distributors.

Sec. 213. Export of recalled and non-conforming products.

Sec. 214. Prohibition on sale of recalled products.

Sec. 215. Increased civil penalty.

Sec. 216. Criminal penalties to include asset forfeiture.

Sec. 217. Enforcement by State attorneys general.

Sec. 218. Effect of rules on preemption.

Sec. 219. Sharing of information with Federal, State, local, and foreign government agencies.

Sec. 220. Inspector General authority and accessibility.

Sec. 221. Repeal.

Sec. 222. Industry-sponsored travel ban.

Sec. 223. Annual reporting requirement.

Sec. 224. Study on the effectiveness of authority relating to imported products.

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.).

(c)

Rule

In this Act and the amendments made by this Act, a reference to any rule under any Act enforced by the Commission shall be considered a reference to any rule, standard, ban, or order under any such Act.

3.

Authority to issue implementing regulations

The Commission may issue regulations, as necessary, to implement this Act and the amendments made by this Act.

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

(2)

Standard for amount of lead

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

(A)

600 parts per million total lead content by weight for any part of the product;

(B)

300 parts per million total lead content by weight for any part of the product, effective 2 years after the date of enactment of this Act; and

(C)

100 parts per million total lead content by weight for any part of the product, effective 4 years after the date of enactment of this Act, unless the Commission determines, after notice and a hearing, that a standard of 100 parts per million is not feasible, in which case the Commission shall require the lowest amount of lead that the Commission determines is feasible to achieve.

(3)

Commission revision to more protective standard

(A)

More protective standard

The Commission may, by rule, revise the standard set forth in paragraph (2)(C) for any class of children’s products to any level and form that the Commission determines is—

(i)

more protective of human health; and

(ii)

feasible to achieve.

(B)

Periodic review

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

(4)

Commission authority to exclude certain materials

The Commission may, by rule, exclude certain products and materials from the prohibition in paragraph (1) if the Commission determines that the lead content in such products and materials will not result in the absorption of lead in the human body or does not have any adverse impact on public health or safety.

(5)

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 Guidelines issued by the Commission staff in September 2002, and any successor thereto.

(6)

Exception for inaccessible component parts

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

(b)

Paint standard

(1)

In general

Not later than 180 days after the date of enactment of this Act, the Commission shall modify section 1303.1 of title 16, Code of Federal Regulations, to—

(A)

reduce the standard applicable to lead paint by substituting 0.009 percent for 0.06 percent in subsection (a) of that section;

(B)

apply the standard to all children’s products as defined in subsection (a)(5); and

(C)

reduce the standard for paint and other surface coating on children’s products and furniture to 0.009 milligrams per centimeter squared.

(2)

More protective standard

Not later than 3 years after the date of enactment of this Act, the Commission shall, by rule, revise the standard established under paragraph (1)(C) to a more protective standard if the Commission determines such a standard to be feasible.

(c)

Authority to extend implementation periods

The Commission may extend, by rule, the effective dates in subsections (a) and (b) by an additional period not to exceed 180 days if the Commission determines that—

(1)

there is no impact on public health or safety from extending the implementation period; and

(2)
(A)

the complete implementation of the new standards by manufacturers subject to such standards is not feasible within 180 days;

(B)

the cost of such implementation, particularly on small and medium sized enterprises, is excessive; or

(C)

the Commission requires additional time to implement such standards and determine the required testing methodologies and appropriate exceptions in order to enforce such standards.

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)—

(A)

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

(B)

by striking standard under this Act and inserting rule under this Act or similar rule under any other Act enforced by the Commission;

(2)

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

(2)

Effective 1 year after the date of enactment of the Consumer Product Safety Modernization Act, every manufacturer of a children’s product (and the private labeler of such children’s product if such product bears a private label) which is subject to a consumer product safety rule under this Act or a similar rule or standard under any other Act enforced by the Commission, shall—

(A)

have the product tested by a independent third party qualified to perform such tests or a proprietary laboratory certified by the Commission under subsection (e) ; and

(B)

issue a certificate which shall—

(i)

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

(ii)

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

; and

(3)

in paragraph (3) (as so redesignated)—

(A)

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

(B)

by striking requirement under 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)

The term children’s product means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a product is primarily intended for a child 12 years of age or younger, the following factors shall be considered:

(A)

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

(B)

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

(C)

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

(D)

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

(2)

The term independent third party, means an independent testing entity that is not owned, managed, controlled, or directed by such manufacturer or private labeler, and that is accredited in accordance with an accreditation process established or recognized by the Commission. In the case of certification of art material or art material products required under this section or under regulations issued under the Federal Hazardous Substances Act, such term includes a certifying organization, as such term is defined in appendix A to section 1500.14(b)(8) of title 16, Code of Federal Regulations.

.

(c)

Certification of proprietary laboratories

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

(e)

Certification of proprietary laboratories for mandatory testing

(1)

Certification

Upon request, the Commission, or an independent standard-setting organization to which the Commission has delegated such authority, may certify a laboratory that is owned, managed, controlled, or directed by the manufacturer or private labeler for purposes of testing required under this section if the Commission determines that—

(A)

certification of the laboratory would provide equal or greater consumer safety protection than the manufacturer’s use of an independent third party laboratory;

(B)

the laboratory has established 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

(C)

the laboratory has established procedures for confidential reporting of allegations of undue influence to the Commission.

(2)

Decertification

The Commission, or an independent standard-setting organization to which the Commission has delegated such authority, may decertify any laboratory certified under paragraph (1) if the Commission finds, after notice and investigation, that a manufacturer or private labeler has exerted undue influence on the laboratory.

.

(d)

Conforming amendments

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

(1)

by striking standards under this Act and inserting rules under this Act or similar rules under any other Act enforced by the Commission; and

(2)

by striking , at the option of the person required to certify the product, and inserting be required by the Commission to.

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)

Short title

This section may be cited as the Danny Keysar Child Product Safety Notification Act.

(b)

Safety standards

(1)

In general

The Commission shall—

(A)

in consultation with representatives of consumer groups, juvenile product manufacturers, and independent child product engineers and experts, examine and assess the effectiveness of any voluntary consumer product safety standards for durable infant or toddler product; and

(B)

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

(i)

are substantially the same as such voluntary standards; or

(ii)

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

(2)

Timetable for rulemaking

Not later than 1 year after the date of enactment of this Act, the Commission shall commence the rulemaking required under paragraph (1) and shall promulgate rules for no fewer than 2 categories of durable nursery products every 6 months thereafter, beginning with the product categories that the Commission determines to be of highest priority, until the Commission has promulgated standards for all such product categories. Thereafter, the Commission shall periodically review and revise the rules set forth under this subsection to ensure that such rules provide the highest level of safety for such products that is feasible.

(c)

Consumer registration requirement

(1)

Rulemaking

Not later than 1 year after the date of enactment of this Act, the Commission shall, pursuant to its authority under section 16(b) of the Consumer Product Safety Act (15 U.S.C. 2065(b)), promulgate a final consumer product 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 and whether such registration forms should be required for other children’s products. Not later than 4 years after the date of enactment of this Act, the Commission shall report its findings to Congress.

(d)

Definition of durable infant or toddler product

As used in this section, the term durable 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

Effective 180 days after the Consumer Product Safety Modernization Act, any advertisement of a retailer, manufacturer, importer, distributor, private labeler, or licensor that provides a direct means for the purchase or ordering of any toy, game, balloon, small ball, or marble that requires a cautionary statement under subsections (a) and (b), including advertisement on Internet websites or in 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).

(3)

Rulemaking

Not later than 180 days after the date of enactment of Consumer Product Safety Modernization Act, the Commission shall, by rule, modify the requirement under paragraph (1) with regard to catalogues or other printed materials concerning the size and placement of the cautionary statement required under such paragraph as appropriate relative to the size and placement of the advertisements in such printed materials. The Commission may, under such rule, provide a grace period for catalogues and printed materials printed prior to the effective date in paragraph (1) during which time distribution of such printed materials shall not be considered a violation of such paragraph.

.

106.

Study of preventable injuries and deaths in minority children related to consumer products

(a)

In general

Not later than 90 days after the date of the enactment of this Act, the Comptroller General shall initiate a study to assess disparities in the risks and incidence of preventable injuries and deaths among children of minority populations, including Black, Hispanic, American Indian, Alaskan native, and Asian/Pacific Islander children in the United States. The Comptroller General shall consult with the Commission as necessary.

(b)

Requirements

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

(c)

Report

Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall report the findings to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The report shall include—

(1)

the Comptroller General’s findings on the incidence of preventable risks of injuries and deaths among children of minority populations and recommendations for minimizing such risks;

(2)

recommendations for public outreach, awareness, and prevention campaigns specifically aimed at racial minority populations; and

(3)

recommendations for education initiatives that may reduce statistical disparities.

107.

Review of generally-applicable standards for toys

(a)

Assessment

The Commission shall examine and assess the effectiveness of the safety standard for toys, ASTM–International standard F963–07, or its successor standard, to determine—

(1)

the scope of such standards, including the number and type of toys to which such standards apply;

(2)

the degree of adherence to such standards on the part of manufacturers; and

(3)

the adequacy of such standards in protecting children from safety hazards.

(b)

Special focus on magnets

In conducting the assessment required under subsection (a), the Commission shall first examine the effectiveness of the F963–07 standard as it relates to intestinal blockage and perforation hazards caused by ingestion of magnets. If the Commission determines based on the review that there is substantial noncompliance with such standard that creates an unreasonable risk of injury or hazard to children, the Commission shall expedite a rulemaking to consider the adoption, as a consumer product safety rule, of the voluntary safety standards contained within the ASTM F963-07, or its successor standard, that relate to intestinal blockage and perforation hazards caused by ingestion of magnets.

(c)

Report

Not later than 2 years after the date of enactment of this Act, the Commission shall report to Congress the findings of the study conducted pursuant to subsection (a). Such report shall include the Commission’s opinion regarding—

(1)

the feasibility of requiring manufacturer testing of all toys to such standards; and

(2)

whether promulgating consumer product safety rules that are substantially similar or more stringent than the standards described in such subsection would be beneficial to public health and safety.

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 180 days after the date of enactment of this Act, the Commission shall transmit to Congress a report of its plans to allocate the funding authorized by subsection (a). Such report shall include—

(1)

the number of full-time inspectors and other full-time equivalents the Commission intends to employ;

(2)

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

(3)

an assessment of the feasibility of mandating bonds for serious hazards and repeat offenders and Commission inspection and certification of foreign third-party and proprietary testing facilities; and

(4)

the efforts of the Commission to reach and educate retailers of second-hand products and informal sellers, such as thrift shops and yard sales, concerning consumer product safety standards and product recalls, especially those relating to durable nursery products, in order to prevent the resale of any products that have been recalled, including the development of educational materials for distribution not later than 1 year after the date of enactment of this Act.

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—

(1)

August 3, 2008, if the President nominates a person to fill a vacancy on the Commission prior to such date; or

(2)

the earlier of—

(A)

3 months after the date on which the President nominates a person to fill a vacancy on the Commission after such date; or

(B)

February 3, 2009.

(b)

Repeal of limitation

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

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)

Advance notice of proposed rulemaking Requirement

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

(A)

by striking shall be commenced in subsection (a) and inserting may be 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)(1) of the Federal Hazardous Substances Act (15 U.S.C. 1262(a)(1)) is amended to read as follows:

(1)

Whenever in the judgment of the Commission such action will promote the objectives of this Act by avoiding or resolving uncertainty as to its application, the 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)

Advance notice of proposed rulemaking requirement

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

(A)

by striking shall be commenced in subsection (f) and inserting may be 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 subsection (d) of section 2 and inserting the following:

(d)

The term Commission means the Consumer Product Safety Commission.

;

(B)

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

(i)

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

(ii)

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

(iii)

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

(C)

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

(D)

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

(E)

by striking Secretary of Health, 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)).

(c)

Rulemaking under the Flammable Fabrics Act

(1)

In general

Section 4 of the Flammable Fabrics Act (15 U.S.C. 1193) is amended—

(A)

by striking shall be commenced and inserting may be commenced by a notice of proposed rulemaking or;

(B)

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

(2)

Other conforming amendments

The Flammable Fabrics Act (15 U.S.C. 1193 et seq.) is further amended—

(A)

by striking subsection (i) of section 2 and inserting the following:

(i)

The term Commission means the Consumer Product Safety Commission.

;

(B)

by striking Secretary of Commerce each place it appears and inserting the Commission;

(C)

by striking Secretary each place it appears, except in sections 9 and 14, and inserting Commission;

(D)

by striking he and his each place either term appears in reference to the secretary and insert it and its, respectively;

(E)

in section 4(e), by striking paragraph (5) and redesignating paragraph (6) as paragraph (5);

(F)

in section 15, by striking Consumer Product Safety Commission (hereinafter referred to as the Commission) and inserting Commission;

(G)

by striking section 16(d) and inserting the following:

(d)

In this section, a reference to a flammability standard or other regulation for a fabric, related materials, 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)

in section 17, by striking Consumer Product Safety Commission and inserting Commission.

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 or provision of this Act or similar rule under or provision of any other Act administered by the Commission; and

(4)

in paragraph (5)—

(A)

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

(B)

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

(C)

by adding at the end the following:

(D)

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

; and

(D)

in the matter following such 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.

Publicly available information on incidents involving injury or death

(a)

Evaluation

The Commission shall examine and assess the efficacy of the Injury Information Clearinghouse maintained by the Commission pursuant to section 5(a) of the Consumer Product Safety Act (15 U.S.C. 2054(a)). The Commission shall determine the volume and types of publicly available information on incidents involving consumer products that result in injury, illness, or death and the ease and manner in which consumers can access such information.

(b)

Improvement Plan

As a result of the study conducted under subsection (a), the Commission shall transmit to Congress, not later than 180 days after the date of enactment of this Act, a detailed plan for maintaining and categorizing such information on a searchable Internet database to make the information more easily available and beneficial to consumers, with due regard for the protection of personal information. Such plan shall include the views of the Commission regarding whether additional information, such as consumer complaints, hospital or other medical reports, and warranty claims, should be included in the database. The plan submitted under this subsection shall include a detailed implementation schedule for the database, recommendations for any necessary legislation, and plans for a public awareness campaign to be conducted by the Commission to increase consumer awareness of the database.

207.

Prohibition on stockpiling under other Commission-enforced statutes

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

(1)

by inserting or to which a rule under any other law enforced by the Commission applies, after applies,; and

(2)

by striking consumer product safety the second, third, and fourth places it appears.

208.

Notification of noncompliance with any Commission-enforced statute

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

(1)

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

(2)

by inserting after paragraph (1) the 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;

; and

(3)

by adding at the end the following sentence: A report provided under this paragraph (2) may not be used as the basis for criminal prosecution under section 5 of the Federal Hazardous Substances Act (15 U.S.C. 1264), except for offenses which require a showing of intent to defraud or mislead..

209.

Enhanced recall authority and corrective action plans

(a)

Enhanced recall authority

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

(1)

in subjection (c)—

(A)

by striking if the Commission and inserting (1) If the Commission;

(B)

by inserting or if the Commission, after notifying the manufacturer, determines a product to be an imminently hazardous consumer product and has filed an action under section 12, after from such substantial product hazard,;

(C)

by redesignating paragraphs (1) through (3) as subparagraphs (D) through (F), respectively;

(D)

by inserting after the following actions: the following:

(A)

To cease distribution of the product.

(B)

To notify all persons that transport, store, distribute, or otherwise handle the product, or to which the product has been transported, sold, distributed, or otherwise handled, to cease immediately distribution of the product.

(C)

To notify appropriate State and local public health officials.

; and

(E)

by adding at the end the following:

(2)

If a district court determines, in an action filed under section 12, that the product that is the subject of such action is not an imminently hazardous consumer product, the Commission shall rescind any order issued under this subsection with respect to such product.

.

(2)

in subsection (f)—

(A)

by striking An order and inserting (1) Except as provided in paragraph (2), an order; and

(B)

by inserting at the end the following:

(2)

The requirement for a hearing in paragraph (1) shall not apply to an order issued under subsection (c) relating to an imminently hazardous consumer product with regard to which the Commission has filed an action under section 12.

.

(b)

Corrective action plans

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

(1)

by inserting (1) after the subsection 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 appropriate under the circumstances, 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. In determining whether an approved plan is effective or appropriate under the circumstances, the Commission shall consider whether a repair or replacement changes the intended functionality of the product.

(C)

If the Commission determines, after notice and opportunity for comment, that a manufacturer, retailer, or distributor has failed to comply substantially with its obligations under its action plan, the Commission may revoke its approval of the action plan.

.

(c)

Content of notice

Section 15 is further amended by adding at the end the following:

(i)

Not later than 180 days after the date of enactment of this Act, the Commission shall, by rule, establish guidelines setting forth a uniform class of information to be included in any notice required under an order under subsection (c) or (d) of this section or under section 12. Such guidelines shall include any information that the Commission determines would be helpful to consumers in—

(1)

identifying the specific product that is subject to such an order;

(2)

understanding the hazard that has been identified with such product (including information regarding incidents or injuries known to have occurred involving such product); and

(3)

understanding what remedy, if any, is available to a consumer who has purchased the product.

.

210.

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.

211.

Inspection of certified proprietary laboratories

Section 16(a)(1) is amended by striking or (B) and inserting (B) any proprietary laboratories certified under section 14(e), or (C).

212.

Identification of manufacturer, importers, retailers, and distributors

(a)

In general

Section 16 (15 U.S.C. 2065) is further 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.

.

(b)

Compliance required for importation

Section 17 (15 U.S.C. 2066) is amended—

(1)

in subsection (g), by striking may and inserting shall; and

(2)

in subsection (h)(2), by striking may and inserting shall, consistent with section 6,.

213.

Export of recalled and non-conforming products

(a)

In general

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

(c)

Notwithstanding any other provision of this 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, provided that if the importing country has not so notified the Commission within 30 days after the Commission has provided notice to the importing country of the impending shipment, the Commission may take such action as is appropriate with respect to the disposition of the product under the circumstances.

.

(b)

Prohibited Act

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

(c)

Conforming amendments to other Acts

(1)

Federal Hazardous Substances Act

Section 5(b)(3) of the Federal Hazardous 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, provided that if the importing country has not so notified the Commission within 30 days after the Commission has provided notice to the importing country of the impending shipment, the Commission may take such action as is appropriate with respect to the disposition of the product under the circumstances.

.

214.

Prohibition on sale of recalled products

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

(1)

by striking paragraph (1) and inserting the following:

(1)

sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States any consumer product, or other product or substance that is regulated under any other Act enforced by the Commission, that is—

(A)

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

(B)

subject to voluntary corrective action taken by the manufacturer, in consultation with the Commission, of which action the Commission has notified the public;

(C)

subject to an order issued under section 12 or 15 of this Act; or

(D)

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);.

215.

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).

216.

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).

.

217.

Enforcement by State attorneys general

Section 24 (15 U.S.C. 2073) is amended—

(1)

in the section heading, by striking Private and inserting Additional;

(2)

by striking Any interested person and inserting (a) Any interested person; and

(3)

by striking No separate suit and all that follows and inserting the following:

(b)
(1)

The attorney general of a State, alleging a violation of section 19(a) that affects or may affect such State or its residents may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found or transacts business to enforce a consumer product safety rule or an order under section 15, and to obtain appropriate injunctive relief.

(2)

Not less than thirty days prior to the commencement of such action, the attorney general shall give notice by registered mail to the Commission, to the Attorney General, and to the person against whom such action is directed. Such notice shall state the nature of the alleged violation of any such standard or order, the relief to be requested, and the court in which the action will be brought. The Commission shall have the right—

(A)

to intervene in the action;

(B)

upon so intervening, to be heard on all matters arising therein;

(C)

and to file petitions for appeal.

(c)

No separate suit shall be brought under this section if at the time the suit is brought the same alleged violation is the subject of a pending civil or criminal action by the United States under this Act. In any action under this section the court may in the interest of justice award the costs of suit, including reasonable attorneys' fees (determined in accordance with section 11(f)) and reasonable expert witnesses’ fees.

.

218.

Effect of rules on preemption

In issuing any rule or regulation in accordance with its statutory authority, the Commission shall not seek to expand or contract the scope, or limit, modify, interpret, or extend the application of sections 25 and 26 of the Consumer Products Safety Act (15 U.S.C. 2074 and 2075, respectively), section 18 of the Federal Hazardous Substances Act (15 U.S.C. 1261), section 7 of the Poison Prevention Packaging Act (15 U.S.C. 1476), or section 16 of the Flammable Fabrics Act (15 U.S.C. 1203) with regard to the extent to which each such Act preempts, limits, or otherwise affects any other Federal, State, or local law, or limits or otherwise affects any cause of action under State or local law.

219.

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

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

(f)
(1)

The Commission may make information obtained by the Commission under this Act available (consistent with the requirements of section 6) to any Federal, State, local, or foreign government agency upon the prior certification of an appropriate official of any such agency, either by a prior agreement or memorandum of 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)

in the case of a foreign government agency, such 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 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).

(g)

Whenever the Commission is notified of any voluntary recall of any consumer product self-initiated by a manufacturer (or a retailer in the case of a retailer selling a product under its own label), or issues an order under section 15(c) or (d) with respect to any product, the Commission shall notify each State’s health department or other agency designated by the State of the recall or order.

.

220.

Inspector General authority and accessibility

(a)

Report

Not later than 60 days after the date of the enactment of this Act, the Inspector General of the Commission shall transmit a report to Congress on the activities of the Inspector General, any structural barriers which prevent the Inspector General from providing robust oversight of the activities of the Commission, and any additional authority or resources that would facilitate more effective oversight.

(b)

Employee Complaints

(1)

In general

The Inspector General of the Commission shall conduct a review of—

(A)

complaints received by the Inspector General from employees of the Commission about violations of rules, regulations, or the provisions of any Act enforced by the 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

Not later than 1 year after the date of enactment of this Act, the Inspector General shall transmit a report to the Commission and to Congress setting forth the Inspector General’s findings, conclusions, actions taken in response to employee complaints, and recommendations.

(c)

Complaint procedure

Not later than 30 days after the date of enactment of this Act the Commission shall establish and maintain on the homepage of the Commission’s Internet website a mechanism by which individuals may anonymously report incidents of waste, fraud, or abuse with respect to the Commission.

221.

Repeal

Section 30 (15 U.S.C. 2079) is amended by striking subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively.

222.

Industry-sponsored travel ban

The Consumer Product Safety Act (15 U.S.C. 1251 et seq.) is amended by adding at the end the following new section:

38.

Prohibition on Industry-sponsored travel

(a)

Prohibition

Notwithstanding section 1353 of title 31, United States Code, no Commissioner or employee of the Commission shall accept travel, subsistence, and related expenses with respect to attendance by a Commissioner or employee at any meeting or similar function relating to official duties of a Commissioner or an employee, from a person—

(1)

seeking official action from, doing business with, or conducting activities regulated by, the Commission; or

(2)

whose interests may be substantially affected by the performance or nonperformance of the Commissioner’s or employee’s official duties.

(b)

Authorization of Appropriations for official travel

There are authorized to be appropriated, for each of fiscal years 2009 through 2011, $1,200,000 to the Commission for certain travel and lodging expenses necessary in furtherance of the official duties of Commissioners and employees.

.

223.

Annual reporting requirement

Section 27(j) (15 U.S.C. 2076(j)) is amended—

(1)

in the matter preceding paragraph (1), by striking The Commission and inserting Notwithstanding section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note), the Commission; and

(2)

by redesignating paragraphs (5) through (11) as paragraphs (6) through (12), respectively and inserting after paragraph (4) the following:

(5)

the number and summary of recall orders issued under section 12 or 15 during such year and a summary of voluntary actions taken by manufacturers of which the Commission has notified the public, and an assessment of such orders and actions;

.

224.

Study on the effectiveness of authority relating to imported products

The Commission shall study the effectiveness of section 17(a) of the Consumer Product Safety Act (15 U.S.C. 2066(a)), specifically paragraphs (3) and (4) of such section, to determine a specific strategy to increase the effectiveness of the Commission’s ability to stop unsafe products from entering the United States. The Commission shall submit a report to Congress not later than 9 months after enactment of this Act, which shall include recommendations regarding additional authority the Commission needs to implement such strategy, including any necessary legislation.

December 19, 2007

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed