H. Rept. 110-787 - 110th Congress (2007-2008)
July 29, 2008

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House Report 110-787 - CONSUMER PRODUCT SAFETY MODERNIZATION ACT




[House Report 110-787]
[From the U.S. Government Publishing Office]





110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-787

======================================================================



 
               CONSUMER PRODUCT SAFETY MODERNIZATION ACT

                                _______
                                

                 July 29, 2008.--Ordered to be printed

                                _______
                                

 Mr. Dingell, from the Committee of Conference, submitted the following

                           CONFERENCE REPORT

                        [To accompany H.R. 4040]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the Senate to the bill (H.R. 
4040), to establish consumer product safety standards and other 
safety requirements for children's products and to reauthorize 
and modernize the Consumer Product Safety Commission, having 
met, after full and free conference, have agreed to recommend 
and do recommend to their respective Houses as follows:
      That the House recede from its disagreement to the 
amendment of the Senate and agree to the same with an amendment 
as follows:
      In lieu of the matter proposed to be inserted by the 
Senate amendment, insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Consumer 
Product Safety Improvement Act of 2008''.
    (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. 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 advertising toys and games.
Sec. 106. Mandatory toy safety standards.
Sec. 107. Study of preventable injuries and deaths in minority children 
          related to consumer products.
Sec. 108. Prohibition on sale of certain products containing specified 
          phthalates.

           TITLE II--CONSUMER PRODUCT SAFETY COMMISSION REFORM

                 Subtitle A--Administrative Improvements

Sec. 201. Reauthorization of the Commission.
Sec. 202. Full Commission requirement; interim quorum; personnel.
Sec. 203. Submission of copy of certain documents to Congress.
Sec. 204. Expedited rulemaking.
Sec. 205. Inspector general audits and reports.
Sec. 206. Industry-sponsored travel ban.
Sec. 207. Sharing of information with Federal, State, local, and foreign 
          government agencies.
Sec. 208. Employee training exchanges.
Sec. 209. Annual reporting requirement.

               Subtitle B--Enhanced Enforcement Authority

Sec. 211. Public disclosure of information.
Sec. 212. Establishment of a public consumer product safety database.
Sec. 213. Prohibition on stockpiling under other Commission-enforced 
          statutes.
Sec. 214. Enhanced recall authority and corrective action plans.
Sec. 215. Inspection of firewalled conformity assessment bodies; 
          identification of supply chain.
Sec. 216. Prohibited acts.
Sec. 217. Penalties.
Sec. 218. Enforcement by State attorneys general.
Sec. 219. Whistleblower protections.

              Subtitle C--Specific Import-Export Provisions

Sec. 221. Export of recalled and non-conforming products.
Sec. 222. Import safety management and interagency cooperation.
Sec. 223. Substantial product hazard list and destruction of 
          noncompliant imported products.
Sec. 224. Financial responsibility.
Sec. 225. Study and report on effectiveness of authorities relating to 
          safety of imported consumer products.

     Subtitle D--Miscellaneous Provisions and Conforming Amendments

Sec. 231. Preemption.
Sec. 232. All-terrain vehicle standard.
Sec. 233. Cost-benefit analysis under the Poison Prevention Packaging 
          Act of 1970.
Sec. 234. Study on use of formaldehyde in manufacturing of textile and 
          apparel articles.
Sec. 235. Technical and conforming changes.
Sec. 236. Expedited judicial review.
Sec. 237. Repeal.
Sec. 238. Pool and Spa Safety Act technical amendments.
Sec. 239. Effective dates and Severability.

SEC. 2. REFERENCES.

    (a) Defined Terms.--As used in this Act--
            (1) the term ``appropriate Congressional 
        committees'' means the Committee on Energy and Commerce 
        of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate; 
        and
            (2) 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.).

SEC. 3. AUTHORITY TO ISSUE IMPLEMENTING REGULATIONS.

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

                   TITLE I--CHILDREN'S PRODUCT SAFETY

SEC. 101. CHILDREN'S PRODUCTS CONTAINING LEAD; LEAD PAINT RULE.

    (a) General Lead Ban.--
            (1) Treatment as a banned hazardous substance.--
        Except as expressly provided in subsection (b) 
        beginning on the dates provided in paragraph (2), any 
        children's product (as defined in section 3(a)(16) of 
        the Consumer Product Safety Act (15 U.S.C. 
        2052(a)(16))) that contains more lead than the limit 
        established by paragraph (2) shall be treated as a 
        banned hazardous substance under the Federal Hazardous 
        Substances Act (15 U.S.C. 1261 et seq.).
            (2) Lead limit.--
                    (A) 600 parts per million.--Except as 
                provided in subparagraphs (B), (C), (D), and 
                (E), beginning 180 days after the date of 
                enactment of this Act, the lead limit referred 
                to in paragraph (1) is 600 parts per million 
                total lead content by weight for any part of 
                the product.
                    (B) 300 parts per million.--Except as 
                provided by subparagraphs (C), (D), and (E), 
                beginning on the date that is 1 year after the 
                date of enactment of this Act, the lead limit 
                referred to in paragraph (1) is 300 parts per 
                million total lead content by weight for any 
                part of the product.
                    (C) 100 parts per million.--Except as 
                provided in subparagraphs (D) and (E), 
                beginning on the date that is 3 years after the 
                date of enactment of this Act, subparagraph (B) 
                shall be applied by substituting ``100 parts 
                per million'' for ``300 parts per million'' 
                unless the Commission determines that a limit 
                of 100 parts per million is not technologically 
                feasible for a product or product category. The 
                Commission may make such a determination only 
                after notice and a hearing and after analyzing 
                the public health protections associated with 
                substantially reducing lead in children's 
                products.
                    (D) Alternate reduction of limit.--If the 
                Commission determines under subparagraph (C) 
                that the 100 parts per million limit is not 
                technologically feasible for a product or 
                product category, the Commission shall, by 
                regulation, establish an amount that is the 
                lowest amount of lead, lower than 300 parts per 
                million, the Commission determines to be 
                technologically feasible to achieve for that 
                product or product category. The amount of lead 
                established by the Commission under the 
                preceding sentence shall be substituted for the 
                300 parts per million limit under subparagraph 
                (B) beginning on the date that is 3 years after 
                the date of enactment of this Act.
                    (E) Periodic review and further 
                reductions.--The Commission shall, based on the 
                best available scientific and technical 
                information, periodically review and revise 
                downward the limit set forth in this 
                subsection, no less frequently than every 5 
                years after promulgation of the limit under 
                subparagraph (C) or (D) to require the lowest 
                amount of lead that the Commission determines 
                is technologically feasible to achieve. The 
                amount of lead established by the Commission 
                under the preceding sentence shall be 
                substituted for the lead limit in effect 
                immediately before such revision.
    (b) Exclusion of Certain Materials or Products and 
Inaccessible Component Parts.--
            (1) Certain products or materials.--The Commission 
        may, by regulation, exclude a specific product or 
        material from the prohibition in subsection (a) if the 
        Commission, after notice and a hearing, determines on 
        the basis of the best-available, objective, peer-
        reviewed, scientific evidence that lead in such product 
        or material will neither--
                    (A) result in the absorption of any lead 
                into the human body, taking into account normal 
                and reasonably foreseeable use and abuse of 
                such product by a child, including swallowing, 
                mouthing, breaking, or other children's 
                activities, and the aging of the product; nor
                    (B) have any other adverse impact on public 
                health or safety.
            (2) Exception for inaccessible component parts.--
                    (A) In general.--The limits established 
                under subsection (a) 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 
                subparagraph 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. 
                Reasonably foreseeable use and abuse shall 
                include swallowing, mouthing, breaking, or 
                other children's activities, and the aging of 
                the product.
                    (B) Inaccessibility proceeding.--Within 1 
                year after the date of enactment of this Act, 
                the Commission shall promulgate a rule 
                providing guidance with respect to what product 
                components, or classes of components, will be 
                considered to be inaccessible for purposes of 
                subparagraph (A).
                    (C) Application pending cpsc guidance.--
                Until the Commission promulgates a rule 
                pursuant to subparagraph (B), the determination 
                of whether a product component is inaccessible 
                to a child shall be made in accordance with the 
                requirements laid out in subparagraph (A) for 
                considering a component to be inaccessible to a 
                child.
            (3) Certain barriers disqualified.--For purposes of 
        this subsection, paint, coatings, or electroplating may 
        not be considered to be a barrier that would render 
        lead in the substrate inaccessible to a child, or to 
        prevent absorption of any lead into the human body, 
        through normal and reasonably foreseeable use and abuse 
        of the product.
            (4) Certain electronic devices.--If the Commission 
        determines that it is not technologically feasible for 
        certain electronic devices, including devices 
        containing batteries, to comply with subsection (a), 
        the Commission, by regulation, shall--
                    (A) issue requirements to eliminate or 
                minimize the potential for exposure to and 
                accessibility of lead in such electronic 
                devices, which may include requirements that 
                such electronic devices be equipped with a 
                child-resistant cover or casing that prevents 
                exposure to and accessibility of the parts of 
                the product containing lead; and
                    (B) establish a schedule by which such 
                electronic devices shall be in full compliance 
                with the limits in subsection (a), unless the 
                Commission determines that full compliance will 
                not be technologically feasible for such 
                devices within a schedule set by the 
                Commission.
            (5) Periodic review.--The Commission shall, based 
        on the best available scientific and technical 
        information, periodically review and revise the 
        regulations promulgated pursuant to this subsection no 
        less frequently than every 5 years after the first 
        promulgation of a regulation under this subsection to 
        make them more stringent and to require the lowest 
        amount of lead the Commission determines is 
        technologically feasible to achieve.
    (c) Application With ASTM F963.--To the extent that any 
regulation promulgated by the Commission under this section (or 
any section of the Consumer Product Safety Act or any other Act 
enforced by the Commission, as such Acts are affected by this 
section) is inconsistent with the ASTM F963 standard, such 
promulgated regulation shall supersede the ASTM F963 standard 
to the extent of the inconsistency.
    (d) Technological Feasibility Defined.--For purposes of 
this section, a limit shall be deemed technologically feasible 
with regard to a product or product category if--
            (1) a product that complies with the limit is 
        commercially available in the product category;
            (2) technology to comply with the limit is 
        commercially available to manufacturers or is otherwise 
        available within the common meaning of the term;
            (3) industrial strategies or devices have been 
        developed that are capable or will be capable of 
        achieving such a limit by the effective date of the 
        limit and that companies, acting in good faith, are 
        generally capable of adopting; or
            (4) alternative practices, best practices, or other 
        operational changes would allow the manufacturer to 
        comply with the limit.
    (e) Pending Rulemaking Proceedings To Have No Effect.--The 
pendency of a rulemaking proceeding to consider--
            (1) a delay in the effective date of a limit or an 
        alternate limit under this section related to 
        technological feasibility,
            (2) an exception for certain products or materials 
        or inaccessibility guidance under subsection (b) of 
        this section, or
            (3) any other request for modification of or 
        exemption from any regulation, rule, standard, or ban 
        under this Act or any other Act enforced by the 
        Commission,
shall not delay the effect of any provision or limit under this 
section nor shall it stay general enforcement of the 
requirements of this section.
    (f) More Stringent Lead Paint Ban.--
            (1) In general.--Effective on the date that is 1 
        year after the date of enactment of this Act, the 
        Commission shall modify section 1303.1 of its 
        regulations (16 C.F.R. 1301.1) by substituting ``0.009 
        percent'' for ``0.06 percent'' in subsection (a) of 
        that section.
            (2) Periodic review and reduction.--The Commission 
        shall, no less frequently than every 5 years after the 
        date on which the Commission modifies the regulations 
        pursuant to paragraph (1), review the limit for lead in 
        paint set forth in section 1303.1 of title 16, Code of 
        Federal Regulations (as revised by paragraph (1)), and 
        shall by regulation revise downward the limit to 
        require the lowest amount of lead that the Commission 
        determines is technologically feasible to achieve.
            (3) Methods for screening lead in small painted 
        areas.--In order to provide for effective and efficient 
        enforcement of the limit set forth in section 1303.1 of 
        title 16, Code of Federal Regulations, the Commission 
        may rely on x-ray fluorescence technology or other 
        alternative methods for measuring lead in paint or 
        other surface coatings on products subject to such 
        section where the total weight of such paint or surface 
        coating is no greater than 10 milligrams or where such 
        paint or surface coating covers no more than 1 square 
        centimeter of the surface area of such products. Such 
        alternative methods for measurement shall not permit 
        more than 2 micrograms of lead in a total weight of 10 
        milligrams or less of paint or other surface coating or 
        in a surface area of 1 square centimeter or less.
            (4) Alternative methods of measuring lead in paint 
        generally.--
                    (A) Study.--Not later than 1 year after the 
                date of enactment of this Act, the Commission 
                shall complete a study to evaluate the 
                effectiveness, precision, and reliability of x-
                ray fluorescence technology and other 
                alternative methods for measuring lead in paint 
                or other surface coatings when used on a 
                children's product or furniture article in 
                order to determine compliance with part 1303 of 
                title 16, Code of Federal Regulations, as 
                modified pursuant to this subsection.
                    (B) Rulemaking.--If the Commission 
                determines, based on the study in subparagraph 
                (A), that x-ray fluorescence technology or 
                other alternative methods for measuring lead in 
                paint are as effective, precise, and reliable 
                as the methodology used by the Commission for 
                compliance determinations prior to the date of 
                enactment of this Act, the Commission may 
                promulgate regulations governing the use of 
                such methods in determining the compliance of 
                products with part 1303 of title 16, Code of 
                Federal Regulations, as modified pursuant to 
                this subsection. Any regulations promulgated by 
                the Commission shall ensure that such 
                alternative methods are no less effective, 
                precise, and reliable than the methodology used 
                by the Commission prior to the date of 
                enactment of this Act.
            (5) Periodic review.--The Commission shall, no less 
        frequently than every 5 years after the Commission 
        completes the study required by paragraph (4)(A), 
        review and revise any methods for measurement utilized 
        by the Commission pursuant to paragraph (3) or pursuant 
        to any regulations promulgated under paragraph (4) to 
        ensure that such methods are the most effective methods 
        available to protect children's health. The Commission 
        shall conduct an ongoing effort to study and encourage 
        the further development of alternative methods for 
        measuring lead in paint and other surface coating that 
        can effectively, precisely, and reliably detect lead 
        levels at or below the level set forth in part 1303 of 
        title 16, Code of Federal Regulations, or any lower 
        level established by regulation.
            (6) No effect on legal limit.--Nothing in paragraph 
        (3), nor reliance by the Commission on any alternative 
        method of measurement pursuant to such paragraph, nor 
        any rule prescribed pursuant to paragraph (4), nor any 
        method established pursuant to paragraph (5) shall be 
        construed to alter the limit set forth in section 1303 
        of title 16, Code of Federal Regulations, as modified 
        pursuant to this subsection, or provide any exemption 
        from such limit.
            (7) Construction.--Nothing in this subsection shall 
        be construed to affect the authority of the Commission 
        or any other person to use alternative methods for 
        detecting lead as a screening method to determine 
        whether further testing or action is needed.
    (g) Treatment as a Regulation Under the FHSA.--Any ban 
imposed by subsection (a) or rule promulgated under subsection 
(a) or (b) of this section, and section 1303.1 of title 16, 
Code of Federal Regulations (as modified pursuant to subsection 
(f)(1) or (2)), or any successor regulation, shall be 
considered a regulation of the Commission promulgated under or 
for the enforcement of section 2(q) of the Federal Hazardous 
Substances Act (15 U.S.C. 1261(q)).

SEC. 102. MANDATORY THIRD PARTY TESTING FOR CERTAIN CHILDREN'S 
                    PRODUCTS.

    (a) Mandatory and Third Party Testing.--
            (1) General conformity certification.--
                    (A) Amendment.--Paragraph (1) of section 
                14(a) (15 U.S.C. 2063(a)) is amended to read as 
                follows:
            ``(1) General conformity certification.--Except as 
        provided in paragraphs (2) and (3), every manufacturer 
        of a product which is subject to a consumer product 
        safety rule under this Act or similar rule, ban, 
        standard, or regulation under any other Act enforced by 
        the Commission and which is imported for consumption or 
        warehousing or distributed in commerce (and the private 
        labeler of such product if such product bears a private 
        label) shall issue a certificate which--
                    ``(A) shall certify, based on a test of 
                each product or upon a reasonable testing 
                program, that such product complies with all 
                rules, bans, standards, or regulations 
                applicable to the product under this Act or any 
                other Act enforced by the Commission; and
                    ``(B) shall specify each such rule, ban, 
                standard, or regulation applicable to the 
                product.''.
                    (B) Effective date.--The amendment made by 
                subparagraph (A) shall take effect 90 days 
                after the date of enactment of this Act.
            (2) Third party testing requirement.--Section 14(2) 
        (15 U.S.C. 2063(2)) is further amended by redesignating 
        paragraph (2) as paragraph (4) and inserting after 
        paragraph (1) the following:
            ``(2) Third party testing requirement.--Effective 
        on the dates provided in paragraph (3), before 
        importing for consumption or warehousing or 
        distributing in commerce any children's product that is 
        subject to a children's product safety rule, every 
        manufacturer of such children's product (and the 
        private labeler of such children's product if such 
        children's product bears a private label) shall--
                    ``(A) submit sufficient samples of the 
                children's product, or samples that are 
                identical in all material respects to the 
                product, to a third party conformity assessment 
                body accredited under paragraph (3) to be 
                tested for compliance with such children's 
                product safety rule; and
                    ``(B) based on such testing, issue a 
                certificate that certifies that such children's 
                product complies with the children's product 
                safety rule based on the assessment of a third 
                party conformity assessment body accredited to 
                conduct such tests.
        A manufacturer or private labeler shall issue either a 
        separate certificate for each children's product safety 
        rule applicable to a product or a combined certificate 
        that certifies compliance with all applicable 
        children's product safety rules, in which case each 
        such rule shall be specified.
            ``(3) Schedule for implementation of third party 
        testing.--
                    ``(A) General application.--Except as 
                provided under subparagraph (F), the 
                requirements of paragraph (2) shall apply to 
                any children's product manufactured more than 
                90 days after the Commission has established 
                and published notice of the requirements for 
                accreditation of third party conformity 
                assessment bodies to assess conformity with a 
                children's product safety rule to which such 
                children's product is subject.
                    ``(B) Time line for accreditation.--
                            ``(i) Lead paint.--Not later than 
                        30 days after the date of enactment of 
                        the Consumer Product Safety Improvement 
                        Act of 2008, the Commission shall 
                        publish notice of the requirements for 
                        accreditation of third party conformity 
                        assessment bodies to assess conformity 
                        with part 1303 of title 16, Code of 
                        Federal Regulations.
                            ``(ii) Full-size cribs; non full-
                        size cribs; pacifiers.--Not later than 
                        60 days after the date of enactment of 
                        the Consumer Product Safety Improvement 
                        Act of 2008, the Commission shall 
                        publish notice of the requirements for 
                        accreditation of third party conformity 
                        assessment bodies to assess conformity 
                        with parts 1508, 1509, and 1511 of such 
                        title.
                            ``(iii) Small parts.--Not later 
                        than 90 days after the date of 
                        enactment of the Consumer Product 
                        Safety Improvement Act of 2008, the 
                        Commission shall publish notice of the 
                        requirements for accreditation of third 
                        party conformity assessment bodies to 
                        assess conformity with part 1501 of 
                        such title.
                            ``(iv) Children's metal jewelry.--
                        Not later than 120 days after the date 
                        of enactment of the Consumer Product 
                        Safety Improvement Act of 2008, the 
                        Commission shall publish notice of the 
                        requirements for accreditation of third 
                        party conformity assessment bodies to 
                        assess conformity with the requirements 
                        of section 101(a)(2) of such Act with 
                        respect to children's metal jewelry.
                            ``(v) Baby bouncers, walkers, and 
                        jumpers.--Not later than 210 days after 
                        the date of enactment of the Consumer 
                        Product Safety Improvement Act of 2008, 
                        the Commission shall publish notice of 
                        the requirements for accreditation of 
                        third party conformity assessment 
                        bodies to assess conformity with parts 
                        1500.18(a)(6) and 1500.86(a) of such 
                        title.
                            ``(vi) All other children's product 
                        safety rules.--The Commission shall 
                        publish notice of the requirements for 
                        accreditation of third party conformity 
                        assessment bodies to assess conformity 
                        with other children's product safety 
                        rules at the earliest practicable date, 
                        but in no case later than 10 months 
                        after the date of enactment of the 
                        Consumer Product Safety Improvement Act 
                        of 2008, or, in the case of children's 
                        product safety rules established or 
                        revised 1 year or more after such date 
                        of enactment, not later than 90 days 
                        before such rules or revisions take 
                        effect.
                    ``(C) Accreditation.--Accreditation of 
                third party conformity assessment bodies 
                pursuant to the requirements established under 
                subparagraph (B) may be conducted either by the 
                Commission or by an independent accreditation 
                organization designated by the Commission.
                    ``(D) Periodic review.--The Commission 
                shall periodically review and revise the 
                accreditation requirements established under 
                subparagraph (B) to ensure that the 
                requirements assure the highest conformity 
                assessment body quality that is feasible.
                    ``(E) Publication of accredited entities.--
                The Commission shall maintain on its Internet 
                Web site an up-to-date list of entities that 
                have been accredited to assess conformity with 
                children's product safety rules in accordance 
                with the requirements published by the 
                Commission under this paragraph.
                    ``(F) Extension.--If the Commission 
                determines that an insufficient number of third 
                party conformity assessment bodies have been 
                accredited to permit certification for a 
                children's product safety rule under the 
                accelerated schedule required by this 
                paragraph, the Commission may extend the 
                deadline for certification to such rule by not 
                more than 60 days.
                    ``(G) Rulemaking.--Until the date that is 3 
                years after the Consumer Product Safety 
                Improvement Act of 2008, Commission proceedings 
                under this paragraph shall be exempt from the 
                requirements of sections 553 and 601 through 
                612 of title 5, United States Code.''.
            (3) Conforming amendments.--Section 14(a)(4) (15 
        U.S.C. 2063(a)(4)), as redesignated by paragraph (2) of 
        this subsection, is amended--
                    (A) by striking ``required by paragraph (1) 
                of this subsection'' and inserting ``required 
                under paragraph (1), (2), or (3)''; and
                    (B) by striking ``requirement under 
                paragraph (1)'' and inserting ``requirement 
                under paragraph (1), (2), or (3)''.
    (b) Additional Requirements; Definitions.--Section 14 (15 
U.S.C. 2063) is further amended by adding at the end the 
following:
    ``(d) Additional Regulations for Third Party Testing.--
            ``(1) Audit.--Not later than 10 months after the 
        date of enactment of the Consumer Product Safety 
        Improvement Act of 2008, the Commission shall by 
        regulation establish requirements for the periodic 
        audit of third party conformity assessment bodies as a 
        condition for the continuing accreditation of such 
        conformity assessment bodies under subsection 
        (a)(3)(C).
            ``(2) Compliance; continuing testing.--Not later 
        than 15 months after the date of enactment of the 
        Consumer Product Safety Improvement Act of 2008, the 
        Commission shall by regulation--
                    ``(A) initiate a program by which a 
                manufacturer or private labeler may label a 
                consumer product as complying with the 
                certification requirements of subsection (a); 
                and
                    ``(B) establish protocols and standards--
                            ``(i) for ensuring that a 
                        children's product tested for 
                        compliance with an applicable 
                        children's product safety rule is 
                        subject to testing periodically and 
                        when there has been a material change 
                        in the product's design or 
                        manufacturing process, including the 
                        sourcing of component parts;
                            ``(ii) for the testing of random 
                        samples to ensure continued compliance;
                            ``(iii) for verifying that a 
                        children's product tested by a 
                        conformity assessment body complies 
                        with applicable children's product 
                        safety rules; and
                            ``(iv) for safeguarding against the 
                        exercise of undue influence on a third 
                        party conformity assessment body by a 
                        manufacturer or private labeler.
    ``(e) Withdrawal of Accreditation.--
            ``(1) In general.--The Commission may withdraw its 
        accreditation or its acceptance of the accreditation of 
        a third party conformity assessment body accredited 
        under this section if the Commission finds, after 
        notice and investigation, that--
                    ``(A) a manufacturer, private labeler, or 
                governmental entity has exerted undue influence 
                on such conformity assessment body or otherwise 
                interfered with or compromised the integrity of 
                the testing process with respect to the 
                certification of a children's product under 
                this section; or
                    ``(B) such conformity assessment body 
                failed to comply with an applicable protocol, 
                standard, or requirement established by the 
                Commission under subsection (d).
            ``(2) Procedure.--In any proceeding to withdraw the 
        accreditation of a conformity assessment body, the 
        Commission--
                    ``(A) shall consider the gravity of the 
                conformity assessment body's action or failure 
                to act, including--
                            ``(i) whether the action or failure 
                        to act resulted in injury, death, or 
                        the risk of injury or death;
                            ``(ii) whether the action or 
                        failure to act constitutes an isolated 
                        incident or represents a pattern or 
                        practice; and
                            ``(iii) whether and when the 
                        conformity assessment body initiated 
                        remedial action; and
                    ``(B) may--
                            ``(i) withdraw its acceptance of 
                        the accreditation of the conformity 
                        assessment body on a permanent or 
                        temporary basis; and
                            ``(ii) establish requirements for 
                        reaccreditation of the conformity 
                        assessment body.
            ``(3) Failure to cooperate.--The Commission may 
        suspend the accreditation of a conformity assessment 
        body if it fails to cooperate with the Commission in an 
        investigation under this section.
    ``(f) Definitions.--In this section:
            ``(1) Children's product safety rule.--The term 
        `children's product safety rule' means a consumer 
        product safety rule under this Act or similar rule, 
        regulation, standard, or ban under any other Act 
        enforced by the Commission, including a rule declaring 
        a consumer product to be a banned hazardous product or 
        substance.
            ``(2) Third party conformity assessment body.--
                    ``(A) In general.--The term `third party 
                conformity assessment body' means a conformity 
                assessment body that, except as provided in 
                subparagraph (D), is not owned, managed, or 
                controlled by the manufacturer or private 
                labeler of a product assessed by such 
                conformity assessment body.
                    ``(B) Governmental participation.--Such 
                term may include an entity that is owned or 
                controlled in whole or in part by a government 
                if--
                            ``(i) to the extent practicable, 
                        manufacturers or private labelers 
                        located in any nation are permitted to 
                        choose conformity assessment bodies 
                        that are not owned or controlled by the 
                        government of that nation;
                            ``(ii) the entity's testing results 
                        are not subject to undue influence by 
                        any other person, including another 
                        governmental entity;
                            ``(iii) the entity is not accorded 
                        more favorable treatment than other 
                        third party conformity assessment 
                        bodies in the same nation who have been 
                        accredited under this section;
                            ``(iv) the entity's testing results 
                        are accorded no greater weight by other 
                        governmental authorities than those of 
                        other third party conformity assessment 
                        bodies accredited under this section; 
                        and
                            ``(v) the entity does not exercise 
                        undue influence over other governmental 
                        authorities on matters affecting its 
                        operations or on decisions by other 
                        governmental authorities controlling 
                        distribution of products based on 
                        outcomes of the entity's conformity 
                        assessments.
                    ``(C) Testing and certification of art 
                materials and products.--A certifying 
                organization (as defined in appendix A to 
                section 1500.14(b)(8) of title 16, Code of 
                Federal Regulations (or any successor 
                regulation or ruling)) meets the requirements 
                of subparagraph (A) with respect to the 
                certification of art material and art products 
                required under this section or by regulations 
                prescribed under the Federal Hazardous 
                Substances Act (15 U.S.C. 1261 et seq.).
                    ``(D) Firewalled conformity assessment 
                bodies.--Upon request, the Commission may 
                accredit a conformity assessment body that is 
                owned, managed, or controlled by a manufacturer 
                or private labeler as a third party conformity 
                assessment body if the Commission by order 
                finds that--
                            ``(i) accreditation of the 
                        conformity assessment body would 
                        provide equal or greater consumer 
                        safety protection than the 
                        manufacturer's or private labeler's use 
                        of an independent third party 
                        conformity assessment body; and
                            ``(ii) the conformity assessment 
                        body has established procedures to 
                        ensure that--
                                    ``(I) its test results are 
                                protected from undue influence 
                                by the manufacturer, private 
                                labeler or other interested 
                                party;
                                    ``(II) the Commission is 
                                notified immediately of any 
                                attempt by the manufacturer, 
                                private labeler or other 
                                interested party to hide or 
                                exert undue influence over test 
                                results; and
                                    ``(III) allegations of 
                                undue influence may be reported 
                                confidentially to the 
                                Commission.
    ``(g) Requirements for Certificates.--
            ``(1) Identification of issuer and conformity 
        assessment body.--Every certificate required under this 
        section shall identify the manufacturer or private 
        labeler issuing the certificate and any third party 
        conformity assessment body on whose testing the 
        certificate depends. The certificate shall include, at 
        a minimum, the date and place of manufacture, the date 
        and place where the product was tested, each party's 
        name, full mailing address, telephone number, and 
        contact information for the individual responsible for 
        maintaining records of test results.
            ``(2) English language.--Every certificate required 
        under this section shall be legible and all content 
        required by this section shall be in the English 
        language. A certificate may also contain the same 
        content in any other language.
            ``(3) Availability of certificates.--Every 
        certificate required under this section shall accompany 
        the applicable product or shipment of products covered 
        by the same certificate and a copy of the certificate 
        shall be furnished to each distributor or retailer of 
        the product. Upon request, the manufacturer or private 
        labeler issuing the certificate shall furnish a copy of 
        the certificate to the Commission.
            ``(4) Electronic filing of certificates for 
        imported products.--In consultation with the 
        Commissioner of Customs, the Commission may, by rule, 
        provide for the electronic filing of certificates under 
        this section up to 24 hours before arrival of an 
        imported product. Upon request, the manufacturer or 
        private labeler issuing the certificate shall furnish a 
        copy to the Commission and to the Commissioner of 
        Customs.
    ``(h) Rule of Construction.--Compliance of any children's 
product with third party testing and certification or general 
conformity certification requirements under this section shall 
not be construed to exempt such children's product from any 
requirement that such product actually be in conformity with 
all applicable rules, regulation, standards, or ban under any 
Act enforced by the Commission.''.
    (c) CPSC Consideration of Existing Requirements.--In 
establishing standards for accreditation of a third party 
conformity assessment body under section 14(a)(3) of the 
Consumer Product Safety Act, as added by subsection (a), the 
Commission may consider standards and protocols for 
accreditation of such conformity assessment bodies by 
independent accreditation organizations that are in effect on 
the date of enactment of this Act, but shall ensure that the 
protocols, standards, and requirements prescribed under such 
section 14(a)(3) incorporate, as the standard for 
accreditation, the most current scientific and technological 
standards and techniques available.
    (d) Conforming Amendments.--Section 14(b) (15 U.S.C. 
2063(b)) is amended--
            (1) by striking ``consumer products which are 
        subject to consumer product safety standards under this 
        Act'' and inserting ``any product which is subject to a 
        consumer product safety rule under this Act, or a 
        similar rule, regulation, standard, or ban under any 
        other Act enforced by the Commission,''; and
            (2) by striking ``or testing programs.'' and 
        inserting ``, unless the Commission, by rule, requires 
        testing by an independent third party for a particular 
        rule, regulation, standard, or ban, or for a particular 
        class of products.''.

SEC. 103. TRACKING LABELS FOR CHILDREN'S PRODUCTS.

    (a) In General.--Section 14(a) (15 U.S.C. 2063(a)), as 
amended by section 102 of this Act, is further amended by 
adding at the end the following:
    ``(5) Effective 1 year after the date of enactment of the 
Consumer Product Safety Improvement Act of 2008, the 
manufacturer of a children's product shall place permanent, 
distinguishing marks on the product and its packaging, to the 
extent practicable, that will enable--
            ``(A) the manufacturer to ascertain the location 
        and date of production of the product, cohort 
        information (including the batch, run number, or other 
        identifying characteristic), and any other information 
        determined by the manufacturer to facilitate 
        ascertaining the specific source of the product by 
        reference to those marks; and
            ``(B) the ultimate purchaser to ascertain the 
        manufacturer or private labeler, location and date of 
        production of the product, and cohort information 
        (including the batch, run number, or other identifying 
        characteristic).''.
    (b) Label Information.--Section 14(c) (15 U.S.C. 2063(c)) 
is amended by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4) and by inserting after paragraph (1) the 
following:
            ``(2) The cohort information (including the batch, 
        run number, or other identifying characteristic) of the 
        product.''.
    (c) Advertising, Labeling, and Packaging Representation.--
Section 14 (15 U.S.C. 2063) is further amended by adding at the 
end the following:
    ``(d) Requirement for Advertisements.--No advertisement for 
a consumer product or label or packaging of such product may 
contain a reference to a consumer product safety rule or a 
voluntary consumer product safety standard unless such product 
conforms with the applicable safety requirements of such rule 
or standard.''.

SEC. 104. STANDARDS AND CONSUMER REGISTRATION OF DURABLE NURSERY 
                    PRODUCTS.

    (a) Short Title.--This section may be cited as the ``Danny 
Keysar Child Product Safety Notification Act''.
    (b) Safety Standards.--
            (1) In general.--The Commission shall--
                    (A) in consultation with representatives of 
                consumer groups, juvenile product 
                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 
                products; and
                    (B) in accordance with section 553 of title 
                5, United States Code, promulgate consumer 
                product safety standards 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 standards for no 
        fewer than 2 categories of durable infant or toddler 
        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 standards set forth under this 
        subsection to ensure that such standards provide the 
        highest level of safety for such products that is 
        feasible.
            (3) Judicial review.--Any person adversely affected 
        by such standards may file a petition for review under 
        the procedures set forth in section 11(g) of the 
        Consumer Product Safety Act (15 U.S.C. 2060(g)), as 
        added by section 236 of this Act.
    (c) Cribs.--
            (1) In general.--It shall be a violation of section 
        19(a)(1) of the Consumer Product Safety Act (15 U.S.C. 
        2068(a)(1)) for any person to which this subsection 
        applies to manufacture, sell, contract to sell or 
        resell, lease, sublet, offer, provide for use, or 
        otherwise place in the stream of commerce a crib that 
        is not in compliance with a standard promulgated under 
        subsection (b).
            (2) Persons to which subsection applies.--This 
        subsection applies to any person that--
                    (A) manufactures, distributes in commerce, 
                or contracts to sell cribs;
                    (B) based on the person's occupation, holds 
                itself out as having knowledge or skill 
                peculiar to cribs, including child care 
                facilities and family child care homes;
                    (C) is in the business of contracting to 
                sell or resell, lease, sublet, or otherwise 
                place cribs in the stream of commerce; or
                    (D) owns or operates a place of public 
                accommodation affecting commerce (as defined in 
                section 4 of the Federal Fire Prevention and 
                Control Act of 1974 (15 U.S.C. 2203) applied 
                without regard to the phrase ``not owned by the 
                Federal Government'').
            (3) Crib defined.--In this subsection, the term 
        ``crib'' includes--
                    (A) new and used cribs;
                    (B) full-sized or nonfull-sized cribs; and
                    (C) portable cribs and crib-pens.
    (d) Consumer Registration Requirement.--
            (1) Rulemaking.--Notwithstanding any provision of 
        chapter 6 of title 5, United States Code, or the 
        Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 
        seq.), 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 each 
        manufacturer of a durable infant or toddler product--
                    (A) to provide consumers with a postage-
                paid consumer registration form with each such 
                product;
                    (B) to maintain a record of the names, 
                addresses, e-mail addresses, and other contact 
                information of consumers who register their 
                ownership of such products with the 
                manufacturer in order to improve the 
                effectiveness of manufacturer campaigns to 
                recall such products; and
                    (C) to 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 paragraph (1) shall--
                    (A) include spaces for a consumer to 
                provide the consumer's name, address, telephone 
                number, and e-mail 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 rules 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 
        required by this section 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 the appropriate 
        Congressional committees.
    (e) Use of Alternative Recall Notification Technology.--
            (1) Technology assessment and report.--The 
        Commission shall--
                    (A) beginning 2 years after a rule is 
                promulgated under subsection (d), regularly 
                review recall notification technology and 
                assess the effectiveness of such technology in 
                facilitating recalls of durable infant or 
                toddler products; and
                    (B) not later than 3 years after the date 
                of enactment of this Act and periodically 
                thereafter as the Commission considers 
                appropriate, transmit a report on such 
                assessments to the appropriate Congressional 
                committees.
            (2) Determination.--If, based on the assessment 
        required by paragraph (1), the Commission determines by 
        rule that a recall notification technology is likely to 
        be as effective or more effective in facilitating 
        recalls of durable infant or toddler products as the 
        registration forms required by subsection (d), the 
        Commission--
                    (A) shall submit to the appropriate 
                Congressional committees a report on such 
                determination; and
                    (B) shall permit a manufacturer of durable 
                infant or toddler products to use such 
                technology in lieu of such registration forms 
                to facilitate recalls of durable infant or 
                toddler products.
    (f) 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) includes--
                    (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.

SEC. 105. LABELING REQUIREMENT FOR ADVERTISING TOYS AND GAMES.

    Section 24 of the Federal Hazardous Substances Act (15 
U.S.C. 1278) is amended--
            (1) by redesignating subsections (c) and (d) as 
        subsections (d) and (e), respectively; and
            (2) by inserting after subsection (b) the 
        following:
    ``(c) Advertising.--
            ``(1) Requirement.--
                    ``(A) Cautionary statement.--Any 
                advertisement by a retailer, manufacturer, 
                importer, distributor, or private labeler 
                (including advertisements on Internet websites 
                or in catalogues or other printed materials) 
                that provides a direct means for the purchase 
                or order of a product for which a cautionary 
                statement is required under subsection (a) or 
                (b) shall include the appropriate cautionary 
                statement displayed on or immediately adjacent 
                to that advertisement, as modified by 
                regulations issued under paragraph (3).
                    ``(B) Application to retailers.--
                            ``(i) Requirement to inform.--A 
                        manufacturer, importer, distributor, or 
                        private labeler that provides such a 
                        product to a retailer shall inform the 
                        retailer of any cautionary statement 
                        requirement applicable to the product.
                            ``(ii) Retailer's requirement to 
                        inquire.--A retailer is not in 
                        violation of subparagraph (A) if the 
                        retailer requested information from the 
                        manufacturer, importer, distributor, or 
                        private labeler as to whether the 
                        cautionary statement required by 
                        subparagraph (A) applies to the product 
                        that is the subject of the 
                        advertisement and the manufacturer, 
                        importer, distributor, or private 
                        labeler provided false information or 
                        did not provide such information.
                    ``(C) Display.--The cautionary statement 
                required by subparagraph (A) shall be 
                prominently displayed--
                            ``(i) in the primary language used 
                        in the advertisement;
                            ``(ii) in conspicuous and legible 
                        type in contrast by typography, layout, 
                        or color with other material printed or 
                        displayed in such advertisement; and
                            ``(iii) in a manner consistent with 
                        part 1500 of title 16, Code of Federal 
                        Regulations.
                    ``(D) Definitions.--In this subsection:
                            ``(i) The terms `manufacturer', 
                        `distributor', and `private labeler' 
                        have the meaning given those terms in 
                        section 3 of the Consumer Product 
                        Safety Act (15 U.S.C. 2052).
                            ``(ii) The term `retailer' has the 
                        meaning given that term in section 3 of 
                        the Consumer Product Safety Act (15 
                        U.S.C. 2052), but does not include an 
                        individual whose selling activity is 
                        intermittent and does not constitute a 
                        trade or business.
            ``(2) Effective date.--The requirement in paragraph 
        (1) shall take effect--
                    ``(A) with respect to advertisements on 
                Internet websites, 120 days after the date of 
                enactment of the Consumer Product Safety 
                Improvement Act of 2008; and
                    ``(B) with respect to catalogues and other 
                printed materials, 180 days after such date of 
                enactment.
            ``(3) Rulemaking.--Notwithstanding any provision of 
        chapter 6 of title 5, United States Code, or the 
        Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 
        seq.), the Commission shall, not later than 90 days 
        after the date of enactment of the Consumer Product 
        Safety Improvement Act of 2008, promulgate regulations 
        to effectuate this section with respect to catalogues 
        and other printed material. The Commission may, under 
        such regulations, provide a grace period of no more 
        than 180 days for catalogues and other printed material 
        printed prior to the effective date of paragraph (1) 
        during which time distribution of such catalogues and 
        other printed material shall not be considered a 
        violation of such paragraph. The Commission may 
        promulgate regulations concerning the size and 
        placement of the cautionary statement required by 
        paragraph (1) of this subsection as appropriate 
        relative to the size and placement of the 
        advertisements in such catalogues and other printed 
        material. The Commission shall promulgate regulations 
        that clarify the applicability of these requirements to 
        catalogues and other printed material distributed 
        solely between businesses and not to individual 
        consumers.
            ``(4) Enforcement.--The requirements in paragraph 
        (1) shall be treated as a consumer product safety 
        standard promulgated under section 9 of the Consumer 
        Product Safety Act (15 U.S.C. 2056). The publication or 
        distribution of any advertisement that is not in 
        compliance with paragraph (1) shall be treated as a 
        prohibited act under section 19(a)(1) of such Act (15 
        U.S.C. 2068).''.

SEC. 106. MANDATORY TOY SAFETY STANDARDS.

    (a) In General.--Beginning 180 days after the date of 
enactment of this Act, the provisions of ASTM International 
Standard F963-07 Consumer Safety Specifications for Toy Safety 
(ASTM F963), as it exists on the date of enactment of this Act 
(except for section 4.2 and Annex 4 or any provision that 
restates or incorporates an existing mandatory standard or ban 
promulgated by the Commission or by statute) shall be 
considered to be consumer product safety standards issued by 
the Commission under section 9 of the Consumer Product Safety 
Act (15 U.S.C. 2058).
    (b) Rulemaking for Specific Toys, Components and Risks.--
            (1) Evaluation.--Not later than 1 year after the 
        date of enactment of this Act, the Commission, in 
        consultation with representatives of consumer groups, 
        juvenile product manufacturers, and independent child 
        product engineers and experts, shall examine and assess 
        the effectiveness of ASTM F963 or its successor 
        standard (except for section 4.2 and Annex 4), as it 
        relates to safety requirements, safety labeling 
        requirements, and test methods related to--
                    (A) internal harm or injury hazards caused 
                by the ingestion or inhalation of magnets in 
                children's products;
                    (B) toxic substances;
                    (C) toys with spherical ends;
                    (D) hemispheric-shaped objects;
                    (E) cords, straps, and elastics; and
                    (F) battery-operated toys.
            (2) Rulemaking.--Within 1 year after the completion 
        of the assessment required by paragraph (1), the 
        Commission shall promulgate rules in accordance with 
        section 553 of title 5, United States Code, that--
                    (A) take into account other children's 
                product safety rules; and
                    (B) are more stringent than such standards, 
                if the Commission determines that more 
                stringent standards would further reduce the 
                risk of injury of such toys.
    (c) Periodic Review.--The Commission shall periodically 
review and revise the rules set forth under this section to 
ensure that such rules provide the highest level of safety for 
such products that is feasible.
    (d) Consideration of Remaining ASTM Standards.--After 
promulgating the rules required by subsection (b), the 
Commission shall--
            (1) in consultation with representatives of 
        consumer groups, juvenile product manufacturers, and 
        independent child product engineers and experts, 
        examine and assess the effectiveness of ASTM F963 (and 
        alternative health protective requirements to prevent 
        or minimize flammability of children's products) or its 
        successor standard, and shall assess the adequacy of 
        such standards in protecting children from safety 
        hazards; and
            (2) in accordance with section 553 of title 5, 
        United States Code, promulgate consumer product safety 
        rules that--
                    (A) take into account other children's 
                product safety rules; and
                    (B) are more stringent than such standards, 
                if the Commission determines that more 
                stringent standards would further reduce the 
                risk of injury associated with such toys.
    (e) Prioritization.--The Commission shall promulgate rules 
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.
    (f) Treatment as Consumer Product Safety Standards.--Rules 
issued under this section shall be considered consumer product 
safety standards issued by the Commission under section 9 of 
the Consumer Product Safety Act (15 U.S.C. 2058).
    (g) Revisions.--If ASTM International (or its successor 
entity) proposes to revise ASTM F963-07, or a successor 
standard, it shall notify the Commission of the proposed 
revision. The Commission shall incorporate the revision or a 
section of the revision into the consumer product safety rule. 
The revised standard shall be considered to be a consumer 
product safety standard issued by the Consumer Product Safety 
Commission under section 9 of the Consumer Product Safety Act 
(15 U.S.C. 2058), effective 180 days after the date on which 
ASTM International notifies the Commission of the revision 
unless, within 90 days after receiving that notice, the 
Commission notifies ASTM International that it has determined 
that the proposed revision does not improve the safety of the 
consumer product covered by the standard. If the Commission so 
notifies ASTM International with respect to a proposed revision 
of the standard, the existing standard shall continue to be 
considered to be a consumer product safety rule without regard 
to the proposed revision.
    (h) Rulemaking to Consider Exemption From Preemption.--
            (1) Exemption of state law from preemption.--Upon 
        application of a State or political subdivision of a 
        State, the Commission shall, after notice and 
        opportunity for oral presentation of views, consider a 
        rulemaking to exempt from the provisions of section 
        26(a) of the Consumer Product Safety Act (under such 
        conditions as it may impose in the rule) any proposed 
        safety standard or regulation which is described in 
        such application and which is designed to protect 
        against a risk of injury associated with a children's 
        product subject to the consumer product safety 
        standards described in subsection (a) or any rule 
        promulgated under this section. The Commission shall 
        grant such an exemption if the State or political 
        subdivision standard or regulation--
                    (A) provides a significantly higher degree 
                of protection from such risk of injury than the 
                consumer product safety standard or rule under 
                this section; and
                    (B) does not unduly burden interstate 
                commerce.
        In determining the burden, if any, of a State or 
        political subdivision standard or regulation on 
        interstate commerce, the Commission shall consider and 
        make appropriate (as determined by the Commission in 
        its discretion) findings on the technological and 
        economic feasibility of complying with such standard or 
        regulation, the cost of complying with such standard or 
        regulation, the geographic distribution of the consumer 
        product to which the standard or regulation would 
        apply, the probability of other States or political 
        subdivisions applying for an exemption under this 
        subsection for a similar standard or regulation, and 
        the need for a national, uniform standard under this 
        Act for such consumer product.
            (2) Effect of standards on established state 
        laws.--Nothing in this section or in section 26 of the 
        Consumer Product Safety Act (15 U.S.C. 2075) shall 
        prevent a State or political subdivision of a State 
        from continuing in effect a safety requirement 
        applicable to a toy or other children's product that is 
        designed to deal with the same risk of injury as the 
        consumer product safety standards established by this 
        section and that is in effect on the day before the 
        date of enactment of this Act, if such State or 
        political subdivision has filed such requirement with 
        the Commission within 90 days after the date of 
        enactment of this Act, in such form and in such manner 
        as the Commission may require.
    (i) Judicial Review.--The issuance of any rule under this 
section is subject to judicial review as provided in section 
11(g) of the Consumer Product Safety Act (15 U.S.C. 2060(g)), 
as added by section 236 of this Act.

SEC. 107. 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 
enactment of this Act, the Comptroller General shall initiate a 
study, by the Government Accountability Office or by contract 
through an independent entity, to assess disparities in the 
risks and incidence of preventable injuries and deaths among 
children of minority populations, including Black, Hispanic, 
American Indian, Alaska Native, Native Hawaiian, 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, including 
those associated with the use of cribs, mattresses and bedding 
materials, swimming pools and spas, and toys and other products 
intended for use by children.
    (c) Report.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall report the 
findings to the appropriate Congressional committees. 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.

SEC. 108. PROHIBITION ON SALE OF CERTAIN PRODUCTS CONTAINING SPECIFIED 
                    PHTHALATES.

    (a) Prohibition on the Sale of Certain Products Containing 
Phthalates.--Beginning on the date that is 180 days after the 
date of enactment of this Act, it shall be unlawful for any 
person to manufacture for sale, offer for sale, distribute in 
commerce, or import into the United States any children's toy 
or child care article that contains concentrations of more than 
0.1 percent of di-(2-ethylhexyl) phthalate (DEHP), dibutyl 
phthalate (DBP), or benzyl butyl phthalate (BBP).
    (b) Prohibition on the Sale of Additional Products 
Containing Certain Phthalates.--
            (1) Interim prohibition.--Beginning on the date 
        that is 180 days after the date of enactment of this 
        Act and until a final rule is promulgated under 
        paragraph (3), it shall be unlawful for any person to 
        manufacture for sale, offer for sale, distribute in 
        commerce, or import into the United States any 
        children's toy that can be placed in a child's mouth or 
        child care article that contains concentrations of more 
        than 0.1 percent of diisononyl phthalate (DINP), 
        diisodecyl phthalate (DIDP), or di-n-octyl phthalate 
        (DnOP).
            (2) Chronic hazard advisory panel.--
                    (A) Appointment.--Not earlier than 180 days 
                after the date of enactment of this Act, the 
                Commission shall begin the process of 
                appointing a Chronic Hazard Advisory Panel 
                pursuant to the procedures of section 28 of the 
                Consumer Product Safety Act (15 U.S.C. 2077) to 
                study the effects on children's health of all 
                phthalates and phthalate alternatives as used 
                in children's toys and child care articles.
                    (B) Examination.--The panel shall, within 
                18 months after its appointment under 
                subparagraph (A), complete an examination of 
                the full range of phthalates that are used in 
                products for children and shall--
                            (i) examine all of the potential 
                        health effects (including endocrine 
                        disrupting effects) of the full range 
                        of phthalates;
                            (ii) consider the potential health 
                        effects of each of these phthalates 
                        both in isolation and in combination 
                        with other phthalates;
                            (iii) examine the likely levels of 
                        children's, pregnant women's, and 
                        others' exposure to phthalates, based 
                        on a reasonable estimation of normal 
                        and foreseeable use and abuse of such 
                        products;
                            (iv) consider the cumulative effect 
                        of total exposure to phthalates, both 
                        from children's products and from other 
                        sources, such as personal care 
                        products;
                            (v) review all relevant data, 
                        including the most recent, best-
                        available, peer-reviewed, scientific 
                        studies of these phthalates and 
                        phthalate alternatives that employ 
                        objective data collection practices or 
                        employ other objective methods;
                            (vi) consider the health effects of 
                        phthalates not only from ingestion but 
                        also as a result of dermal, hand-to-
                        mouth, or other exposure;
                            (vii) consider the level at which 
                        there is a reasonable certainty of no 
                        harm to children, pregnant women, or 
                        other susceptible individuals and their 
                        offspring, considering the best 
                        available science, and using sufficient 
                        safety factors to account for 
                        uncertainties regarding exposure and 
                        susceptibility of children, pregnant 
                        women, and other potentially 
                        susceptible individuals; and
                            (viii) consider possible similar 
                        health effects of phthalate 
                        alternatives used in children's toys 
                        and child care articles.
                The panel's examinations pursuant to this 
                paragraph shall be conducted de novo. The 
                findings and conclusions of any previous 
                Chronic Hazard Advisory Panel on this issue and 
                other studies conducted by the Commission shall 
                be reviewed by the panel but shall not be 
                considered determinative.
                    (C) Report.--Not later than 180 days after 
                completing its examination, the panel appointed 
                under subparagraph (A) shall report to the 
                Commission the results of the examination 
                conducted under this section and shall make 
                recommendations to the Commission regarding any 
                phthalates (or combinations of phthalates) in 
                addition to those identified in subsection (a) 
                or phthalate alternatives that the panel 
                determines should be declared banned hazardous 
                substances.
            (3) Permanent prohibition by rule.--Not later than 
        180 days after receiving the report of the panel under 
        paragraph (2)(C), the Commission shall, pursuant to 
        section 553 of title 5, United States Code, promulgate 
        a final rule to--
                    (A) determine, based on such report, 
                whether to continue in effect the prohibition 
                under paragraph (1), in order to ensure a 
                reasonable certainty of no harm to children, 
                pregnant women, or other susceptible 
                individuals with an adequate margin of safety; 
                and
                    (B) evaluate the findings and 
                recommendations of the Chronic Hazard Advisory 
                Panel and declare any children's product 
                containing any phthalates to be a banned 
                hazardous product under section 8 of the 
                Consumer Product Safety Act (15 U.S.C. 2057), 
                as the Commission determines necessary to 
                protect the health of children.
    (c) Treatment of Violation.--A violation of subsection (a) 
or (b)(1) or any rule promulgated by the Commission under 
subsection (b)(3) shall be treated as a violation of section 
19(a)(1) of the Consumer Product Safety Act (15 U.S.C. 
2068(a)(1)).
    (d) Treatment as Consumer Product Safety Standards; Effect 
on State Laws.--Subsections (a) and (b)(1) and any rule 
promulgated under subsection (b)(3) shall be considered 
consumer product safety standards under the Consumer Product 
Safety Act. Nothing in this section or the Consumer Product 
Safety Act (15 U.S.C. 2051 et seq.) shall be construed to 
preempt or otherwise affect any State requirement with respect 
to any phthalate alternative not specifically regulated in a 
consumer product safety standard under the Consumer Product 
Safety Act.
    (e) Definitions.--
            (1) Defined terms.--As used in this section:
                    (A) The term ``phthalate alternative'' 
                means any common substitute to a phthalate, 
                alternative material to a phthalate, or 
                alternative plasticizer.
                    (B) The term ``children's toy'' means a 
                consumer product designed or intended by the 
                manufacturer for a child 12 years of age or 
                younger for use by the child when the child 
                plays.
                    (C) The term ``child care article'' means a 
                consumer product designed or intended by the 
                manufacturer to facilitate sleep or the feeding 
                of children age 3 and younger, or to help such 
                children with sucking or teething.
                    (D) The term ``consumer product'' has the 
                meaning given such term in section 3(a)(1) of 
                the Consumer Product Safety Act (15 U.S.C. 
                2052(a)(1)).
            (2) Determination guidelines.--
                    (A) Age.--In determining whether products 
                described in paragraph (1) are designed or 
                intended for use by a child of the ages 
                specified, 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, 
                        promotion, or advertising as 
                        appropriate for use by children of the 
                        ages specified.
                            (iii) Whether the product is 
                        commonly recognized by consumers as 
                        being intended for use by a child of 
                        the ages specified.
                            (iv) The Age Determination 
                        guidelines issued by the Commission 
                        staff in September 2002 and any 
                        successor to such guidelines.
                    (B) Toy that can be placed in a child's 
                mouth.-- For purposes of this section a toy can 
                be placed in a child's mouth if any part of the 
                toy can actually be brought to the mouth and 
                kept in the mouth by a child so that it can be 
                sucked and chewed. If the children's product 
                can only be licked, it is not regarded as able 
                to be placed in the mouth. If a toy or part of 
                a toy in one dimension is smaller than 5 
                centimeters, it can be placed in the mouth.

          TITLE II--CONSUMER PRODUCT SAFETY COMMISSION REFORM

                Subtitle A--Administrative Improvements

SEC. 201. REAUTHORIZATION OF THE COMMISSION.

    (a) Authorization of Appropriations.--Subsection (a) of 
section 32 (15 U.S.C. 2081) is amended to read as follows:
    ``(a) General Authorization of Appropriations.--
            ``(1) In general.--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--
                    ``(A) $118,200,000 for fiscal year 2010;
                    ``(B) $115,640,000 for fiscal year 2011;
                    ``(C) $123,994,000 for fiscal year 2012;
                    ``(D) $131,783,000 for fiscal year 2013; 
                and
                    ``(E) $136,409,000 for fiscal year 2014.
            ``(2) Travel allowance.--From amounts appropriated 
        pursuant to paragraph (1), there shall be made 
        available $1,200,000 for fiscal year 2010, $1,248,000 
        for fiscal year 2011, $1,297,000 for fiscal year 2012, 
        $1,350,000 for fiscal year 2013, and $1,403,000 for 
        fiscal year 2014, for travel, subsistence, and related 
        expenses incurred in furtherance of the official duties 
        of Commissioners and employees with respect to 
        attendance at meetings or similar functions, which 
        shall be used by the Commission for such purposes in 
        lieu of acceptance of payment or reimbursement for such 
        expenses from any person--
                    ``(A) seeking official action from, doing 
                business with, or conducting activities 
                regulated by, the Commission; or
                    ``(B) whose interests may be substantially 
                affected by the performance or nonperformance 
                of the Commissioner's or employee's official 
                duties.''.
    (b) Report.--Not later than 180 days after the date of 
enactment of this Act, the Commission shall transmit to the 
appropriate Congressional committees a report of its plans to 
allocate the funding authorized by subsection (a). Such report 
shall include--
            (1) the number of full-time investigators and other 
        full-time equivalents the Commission intends to employ;
            (2) efforts by the Commission to develop standards 
        for training product safety inspectors and technical 
        staff employed by the Commission;
            (3) efforts and policies of the Commission to 
        encourage Commission scientific staff to seek 
        appropriate publishing opportunities in peer-reviewed 
        journals and other media; 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 rules 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.
    (c) Conforming Amendments.--Section 32 (15 U.S.C. 2081) is 
further amended by striking subsection (b) and redesignating 
subsection (c) as subsection (b) and inserting after such 
subsection designation the following: ``Limitation.--''.

SEC. 202. FULL COMMISSION REQUIREMENT; INTERIM QUORUM; PERSONNEL.

    (a) 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 1 year period beginning on the date of 
enactment of this Act.
    (b) Repeal of Quorum Limitation.--
            (1) Repeal.--Title III of Public Law 102-389 is 
        amended by striking the first proviso in the item 
        captioned ``Consumer Product Safety Commission, 
        Salaries and Expenses'' (15 U.S.C. 2053 note).
            (2) Effective date.--The amendment made by 
        paragraph (1) shall take effect 1 year after the date 
        of enactment of this Act.
    (c) Personnel.--
            (1) Professional staff.--The Commission shall 
        increase the number of full-time personnel employed by 
        the Commission to at least 500 by October 1, 2013, 
        subject to the availability of appropriations.
            (2) Ports of entry; overseas inspectors.--As part 
        of the 500 full-time employees required by paragraph 
        (1), the Commission shall hire personnel to be assigned 
        to duty stations at United States ports of entry, or to 
        inspect overseas manufacturing facilities, subject to 
        the availability of appropriations.

SEC. 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(k)) with respect to budget recommendations, 
legislative recommendations, testimony, and comments on 
legislation submitted by the Commission to the President or the 
Office of Management and Budget after the date of enactment of 
this Act.
    (b) Reinstatement of Requirement.--Section 3003(d) of 
Public Law 104-66 (31 U.S.C. 1113 note) is amended--
            (1) by striking ``or'' after the semicolon in 
        paragraph (31);
            (2) by redesignating paragraph (32) as (33); and
            (3) by inserting after paragraph (31) the 
        following:
            ``(32) section 27(k) of the Consumer Product Safety 
        Act (15 U.S.C. 2076(k)); or''.

SEC. 204. EXPEDITED RULEMAKING.

    (a) ANPR Requirement.--
            (1) In general.--Section 9 (15 U.S.C. 2058) is 
        amended--
                    (A) by striking ``shall be commenced'' in 
                subsection (a) and inserting ``may be 
                commenced'';
                    (B) by striking ``in the notice'' in 
                subsection (b) and inserting ``in a notice'';
                    (C) by striking ``unless, not less than 60 
                days after publication of the notice required 
                in subsection (a), the'' in subsection (c) and 
                inserting ``unless the'';
                    (D) by striking ``an advance notice of 
                proposed rulemaking under subsection (a) 
                relating to the product involved,'' in the 
                third sentence of subsection (c) and inserting 
                ``the notice,''; and
                    (E) by striking ``Register.'' in the matter 
                following paragraph (4) of subsection (c) and 
                inserting ``Register. Nothing in this 
                subsection shall preclude any person from 
                submitting an existing standard or portion of a 
                standard as a proposed consumer product safety 
                standard.''.
            (2) Conforming amendment.--Section 5(a)(3) (15 
        U.S.C. 2054(a)(3)) is amended by striking ``an advance 
        notice of proposed rulemaking or''.
    (b) Rulemaking Under Federal Hazardous Substances Act.--
            (1) In general.--Section 3(a) of the Federal 
        Hazardous Substances Act (15 U.S.C. 1262(a)) is amended 
        to read as follows:
    ``(a) Rulemaking.--
            ``(1) In general.--Whenever in the judgment of the 
        Commission such action will promote the objectives of 
        this Act by avoiding or resolving uncertainty as to its 
        application, the Commission may by regulation declare 
        to be a hazardous substance, for the purposes of this 
        Act, any substance or mixture of substances, which it 
        finds meets the requirements of section 2(f)(1)(A).
            ``(2) Procedure.--Proceedings for the issuance, 
        amendment, or repeal of regulations under this 
        subsection and the admissibility of the record of such 
        proceedings in other proceedings, shall be governed by 
        the provisions of subsections (f) through (i) of this 
        section.''.
            (2) Procedure.--Section 2(q)(2) of the Federal 
        Hazardous Substances Act (15 U.S.C. 1261(q)(2)) is 
        amended by striking ``Proceedings for the issuance, 
        amendment, or repeal of regulations pursuant to clause 
        (B) of subparagraph (1) of this paragraph shall be 
        governed by the provisions of sections 701(e), (f), and 
        (g) of the Federal Food, Drug, and Cosmetic Act: 
        Provided, That if'' and inserting ``Proceedings for the 
        issuance, amendment, or repeal of regulations pursuant 
        to clause (B) of subparagraph (1) of this paragraph 
        shall be governed by the provisions of subsections (f) 
        through (i) of section 3 of this Act, except that if''.
            (3) ANPR requirement.--Section 3 of the Federal 
        Hazardous Substances Act (15 U.S.C. 1262) is amended--
                    (A) by striking ``shall be commenced'' in 
                subsection (f) and inserting ``may be 
                commenced'';
                    (B) by striking ``in the notice'' in 
                subsection (g)(1) and inserting ``in a 
                notice'';
                    (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''; and
                    (D) by striking ``Committee on Commerce'' 
                and all that follows through 
                ``Representatives.'' in subsection (h), and 
                inserting ``appropriate Congressional 
                committees. Nothing in this subsection shall 
                preclude any person from submitting an existing 
                standard or portion of a standard as a proposed 
                regulation.''
            (4) Other conforming amendments.--The Federal 
        Hazardous Substances Act (15 U.S.C. 1261 et seq.) is 
        amended--
                    (A) by striking paragraphs (c) and (d) of 
                section 2 and inserting the following:
    ``(c) The term `Commission' means the Consumer Product 
Safety Commission.'';
                    (B) by striking ``Secretary'' each place it 
                appears and inserting ``Commission'' except--
                            (i) in section 10(b) (15 U.S.C. 
                        1269(b));
                            (ii) in section 14 (15 U.S.C. 
                        1273); and
                            (iii) in section 21(a) (15 U.S.C. 
                        1276(a));
                    (C) by striking ``Department'' each place 
                it appears, except in sections 5(c)(6)(D)(i) 
                and 14(b) (15 U.S.C. 1264(c)(6)(D)(i) and 
                1273(b)), and inserting ``Commission'';
                    (D) by striking ``he'' and ``his'' each 
                place they appear in reference to the Secretary 
                and inserting ``it'' and ``its'', respectively;
                    (E) by striking ``Secretary of Health, 
                Education, and Welfare'' each place it appears 
                in section 10(b) (15 U.S.C. 1269(b)) and 
                inserting ``Commission'';
                    (F) by striking ``Secretary of Health, 
                Education, and Welfare'' each place it appears 
                in section 14 (15 U.S.C. 1273) and inserting 
                ``Commission'';
                    (G) by striking ``Department of Health, 
                Education, and Welfare'' in section 14(b) (15 
                U.S.C. 1273(b)) and inserting ``Commission'';
                    (H) by striking ``Consumer Product Safety 
                Commission'' each place it appears and 
                inserting ``Commission'';
                    (I) by striking ``(hereinafter in this 
                section referred to as the `Commission')'' in 
                section 14(d) (15 U.S.C. 1273(d)) and section 
                20(a)(1) (15 U.S.C. 1275(a)(1)); and
                    (J) by striking paragraph (5) of section 
                18(b) (15 U.S.C. 1261 note).
    (c) Rulemaking Under Flammable Fabrics Act.--
            (1) In general.--Section 4 of the Flammable Fabrics 
        Act (15 U.S.C. 1193) is amended--
                    (A) by striking ``shall be commenced'' in 
                subsection (g) and inserting ``may be commenced 
                by a notice of proposed rulemaking or'';
                    (B) by striking ``unless, not less than 60 
                days after publication of the notice required 
                in subsection (g), the'' in subsection (i) and 
                inserting ``unless the''; and
                    (C) by striking ``Committee on Commerce'' 
                and all that follows through 
                ``Representatives.'' in subsection (i), and 
                inserting ``appropriate Congressional 
                committees. Nothing in this subsection shall 
                preclude any person from submitting an existing 
                standard or portion of a standard as a proposed 
                regulation.''
            (2) Other conforming amendments.--The Flammable 
        Fabrics Act (15 U.S.C. 1193) is amended--
                    (A) by striking paragraph (i) of section 2 
                (15 U.S.C. 1191(i)) and inserting the 
                following:
    ``(i) The term `Commission' means the Consumer Product 
Safety Commission.'';
                    (B) by striking ``Secretary of Commerce'' 
                each place it appears and inserting 
                ``Commission'';
                    (C) by striking ``Secretary'' each place it 
                appears and inserting ``Commission'', except in 
                sections 9 and 14 (15 U.S.C. 1198 and 1201);
                    (D) by striking ``he'' and ``his'' each 
                place either such word appears in reference to 
                the Secretary and inserting ``it'' and ``its'', 
                respectively;
                    (E) by striking paragraph (5) of section 
                4(e) (15 U.S.C. 1193(e)) and redesignating 
                paragraph (6) as paragraph (5);
                    (F) by striking ``Consumer Product Safety 
                Commission (hereinafter in this section 
                referred to as the `Commission') in section 15 
                (15 U.S.C. 1202)'' and inserting 
                ``Commission'';
                    (G) by amending subsection (d) of section 
                16 (15 U.S.C. 1203) to read as follows:
    ``(d) In this section, a reference to a flammability 
standard or other regulation for a fabric, related material, or 
product in effect under this Act includes a standard of 
flammability continued in effect by section 11 of the Act of 
December 14, 1967 (Public Law 90-189).''; and
                    (H) by striking ``Consumer Product Safety 
                Commission'' in section 17 (15 U.S.C. 1204) and 
                inserting ``Commission''.

SEC. 205. INSPECTOR GENERAL AUDITS AND REPORTS.

    (a) Improvements by the Commission.--The Inspector General 
of the Commission shall conduct reviews and audits to assess--
            (1) the Commission's capital improvement efforts, 
        including improvements and upgrades of the Commission's 
        information technology architecture and systems and the 
        development of the database of publicly available 
        information on incidents involving injury or death 
        required under section 6A of the Consumer Product 
        Safety Act, as added by section 212 of this Act; and
            (2) the adequacy of procedures for accrediting 
        conformity assessment bodies as authorized by section 
        14(a)(3) of the Consumer Product Safety Act (15 U.S.C. 
        2063(a)(3)), as amended by this Act, and overseeing the 
        third party testing required by such section.
    (b) Employee Complaints.--Within 1 year after the date of 
enactment of this Act, the Inspector General shall conduct a 
review of--
            (1) complaints received by the Inspector General 
        from employees of the Commission about failures of 
        other employees to enforce the rules or regulations of 
        the Consumer Product Safety Act or any other Act 
        enforced by the Commission or otherwise carry out their 
        responsibilities under such Acts if such alleged 
        failures raise issues of conflicts of interest, ethical 
        violations, or the absence of good faith; and
            (2) actions taken by the Commission to address such 
        failures and complaints, including an assessment of the 
        timeliness and effectiveness of such actions.
    (c) Public Internet Website Links.--Not later than 30 days 
after the date of enactment of this Act, the Commission shall 
establish and maintain--
            (1) a direct link on the homepage of its Internet 
        website to the Internet webpage of the Commission's 
        Office of Inspector General; and
            (2) a mechanism on the webpage of the Commission's 
        Office of Inspector General by which individuals may 
        anonymously report cases of waste, fraud, or abuse with 
        respect to the Commission.
    (d) Reports.--
            (1) Activities and needs of inspector general.--Not 
        later than 60 days after the date of enactment of this 
        Act, the Inspector General of the Commission shall 
        transmit a report to the appropriate Congressional 
        committees 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.
            (2) Reviews of improvements and employee 
        complaints.--Beginning for fiscal year 2010, the 
        Inspector General of the Commission shall include in an 
        annual report to the appropriate Congressional 
        committees the Inspector General's findings, 
        conclusions, and recommendations from the reviews and 
        audits under subsections (a) and (b).

SEC. 206. INDUSTRY-SPONSORED TRAVEL BAN.

    (a) In General.--The Act (15 U.S.C. 1251 et seq.) is 
amended by adding at the end the following new section:

``SEC. 39. PROHIBITION ON INDUSTRY-SPONSORED TRAVEL.

    ``Notwithstanding section 1353 of title 31, United States 
Code, and section 27(b)(6) of this Act, no Commissioner or 
employee of the Commission shall accept travel, subsistence, or 
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) Clerical Amendment.--The table of contents in section 1 
(15 U.S.C. 2051 note) is amended by inserting at the end the 
following:

``Sec. 39. Prohibition on industry-sponsored travel.''.

SEC. 207. 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) Sharing of Information With Federal, State, Local, 
and Foreign Government Agencies.--
            ``(1) Agreements and conditions.--Notwithstanding 
        the requirements of subsections (a)(3) and (b) of 
        section 6, relating to public disclosure of 
        information, the Commission may make information 
        obtained by the Commission 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) 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) Abrogation of agreements.--The Commission may 
        abrogate any agreement or memorandum of understanding 
        with another agency if the Commission determines that 
        the other agency 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) Additional rules against disclosure.--Except 
        as provided in paragraph (4), the Commission shall not 
        be required to disclose under section 552 of title 5, 
        United States Code, or any other provision of law--
                    ``(A) any material obtained from a foreign 
                government agency, if the foreign government 
                agency has requested confidential treatment, or 
                has precluded such disclosure under other use 
                limitations, as a condition of providing the 
                material;
                    ``(B) any material reflecting a consumer 
                complaint obtained from any other foreign 
                source, if that foreign source supplying the 
                material has requested confidential treatment 
                as a condition of providing the material; or
                    ``(C) any material reflecting a consumer 
                complaint submitted to a Commission reporting 
                mechanism sponsored in part by foreign 
                government agencies.
            ``(4) Limitation.--Nothing in this subsection 
        authorizes 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.
            ``(5) Definition.--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) Notification to State Health Departments.--Whenever 
the Commission is notified of any voluntary corrective action 
taken by a manufacturer (or a retailer in the case of a 
retailer selling a product under its own label) in consultation 
with the Commission, 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 such voluntary corrective action or order.''.

SEC. 208. EMPLOYEE TRAINING EXCHANGES.

    (a) In General.--The Commission may--
            (1) retain or employ officers or employees of 
        foreign government agencies on a temporary basis 
        pursuant to section 4 of the Consumer Product Safety 
        Act (15 U.S.C. 2053) or section 3101 or 3109 of title 
        5, United States Code; and
            (2) detail officers or employees of the Commission 
        to work on a temporary basis for appropriate foreign 
        government agencies for the purpose of providing or 
        receiving training.
    (b) Reciprocity and Reimbursement.--The Commission may 
execute the authority contained in subsection (a) with or 
without reimbursement in money or in kind, and with or without 
reciprocal arrangements by or on behalf of the foreign 
government agency involved. Any amounts received as 
reimbursement for expenses incurred by the Commission under 
this section shall be credited to the appropriations account 
from which such expenses were paid.
    (c) Standards of Conduct.--An individual retained or 
employed under subsection (a)(1) shall be considered to be a 
Federal employee while so retained or employed, only for 
purposes of--
            (1) injury compensation as provided in chapter 81 
        of title 5, United States Code, and tort claims 
        liability under chapter 171 of title 28, United States 
        Code;
            (2) the Ethics in Government Act (5 U.S.C. App.) 
        and the provisions of chapter 11 of title 18, United 
        States Code; and
            (3) any other statute or regulation governing the 
        conduct of Federal employees.

SEC. 209. ANNUAL REPORTING REQUIREMENT.

    (a) In General.--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 (7) through (13), respectively, and 
        inserting after paragraph (4) the following:
            ``(5) the number and a summary of recall orders 
        issued under section 12 or 15 during such year and a 
        summary of voluntary corrective actions taken by 
        manufacturers in consultation with the Commission of 
        which the Commission has notified the public, and an 
        assessment of such orders and actions;
            ``(6) beginning not later than 1 year after the 
        date of enactment of the Consumer Product Safety 
        Improvement Act of 2008--
                    ``(A) progress reports and incident updates 
                with respect to action plans implemented under 
                section 15(d);
                    ``(B) statistics with respect to injuries 
                and deaths associated with products that the 
                Commission determines present a substantial 
                product hazard under section 15(c); and
                    ``(C) the number and type of communication 
                from consumers to the Commission with respect 
                to each product with respect to which the 
                Commission takes action under section 15(d);''.
    (b) Effective Date.--The amendments made by this section 
shall apply with respect to reports submitted for fiscal year 
2009 and thereafter.

               Subtitle B--Enhanced Enforcement Authority

SEC. 211. PUBLIC DISCLOSURE OF INFORMATION.

     Section 6 (15 U.S.C. 2055) is amended--
            (1) by inserting ``A manufacturer or private 
        labeler shall submit any such mark within 15 calendar 
        days after the date on which it receives the 
        Commission's offer.'' after ``paragraph (2).'' in 
        subsection (a)(3);
            (2) by striking ``30 days'' in subsection (b)(1) 
        and inserting ``15 days'';
            (3) by striking ``finds that the public'' in 
        subsection (b)(1) and inserting ``publishes a finding 
        that the public'';
            (4) by striking ``notice and publishes such a 
        finding in the Federal Register),'' in subsection 
        (b)(1) and inserting ``notice),'';
            (5) by striking ``10 days'' in subsection (b)(2) 
        and inserting ``5 days'';
            (6) by striking ``finds that the public'' in 
        subsection (b)(2) and inserting ``publishes a finding 
        that the public'';
            (7) by striking ``notice and publishes such finding 
        in the Federal Register.'' in subsection (b)(2) and 
        inserting ``notice.'';
            (8) in subsection (b)--
                    (A) by striking ``(3)'' and inserting 
                ``(3)(A)''; and
                    (B) by adding at the end thereof the 
                following:
                    ``(B) If the Commission determines that the 
                public health and safety requires expedited 
                consideration of an action brought under 
                subparagraph (A), the Commission may file a 
                request with the District Court for such 
                expedited consideration. If the Commission 
                files such a request, the District Court 
                shall--
                            ``(i) assign the matter for hearing 
                        at the earliest possible date;
                            ``(ii) give precedence to the 
                        matter, to the greatest extent 
                        practicable, over all other matters 
                        pending on the docket of the court at 
                        the time;
                            ``(iii) expedite consideration of 
                        the matter to the greatest extent 
                        practicable; and
                            ``(iv) grant or deny the requested 
                        injunction within 30 days after the 
                        date on which the Commission's request 
                        was filed with the court.'';
            (9) by striking ``section 19 (related to prohibited 
        acts);'' in subsection (b)(4) and inserting ``any 
        consumer product safety rule or provision of this Act 
        or similar rule or provision of any other Act enforced 
        by the Commission;'';
            (10) by striking ``or'' after the semicolon in 
        subsection (b)(5)(B);
            (11) by striking ``disclosure.'' in subsection 
        (b)(5)(C) and inserting ``disclosure; or'';
            (12) by inserting in subsection (b)(5) after 
        subparagraph (C) the following:
                    ``(D) the Commission publishes a finding 
                that the public health and safety requires 
                public disclosure with a lesser period of 
                notice than is required under paragraph (1).''; 
                and
            (13) in the matter following subparagraph (D) of 
        subsection (b)(5) (as added by paragraph (12) of this 
        section), by striking ``section 19(a),'' and inserting 
        ``any consumer product safety rule or provision under 
        this Act or similar rule or provision of any other Act 
        enforced by the Commission,''.

SEC. 212. ESTABLISHMENT OF A PUBLIC CONSUMER PRODUCT SAFETY DATABASE.

    (a) In General.--The Act is amended by inserting after 
section 6 (15 U.S.C. 2055) the following:

``SEC. 6A. PUBLICLY AVAILABLE CONSUMER PRODUCT SAFETY INFORMATION 
                    DATABASE.

    ``(a) Database Required.--
            ``(1) In general.--Subject to the availability of 
        appropriations, the Commission shall, in accordance 
        with the requirements of this section, establish and 
        maintain a database on the safety of consumer products, 
        and other products or substances regulated by the 
        Commission, that is--
                    ``(A) publicly available;
                    ``(B) searchable; and
                    ``(C) accessible through the Internet 
                website of the Commission.
            ``(2) Submission of detailed implementation plan to 
        congress.--Not later than 180 days after the date of 
        enactment of the Consumer Product Safety Improvement 
        Act of 2008, the Commission shall transmit to the 
        appropriate Congressional committees a detailed plan 
        for establishing and maintaining the database required 
        by paragraph (1), including plans for the operation, 
        content, maintenance, and functionality of the 
        database. The plan shall detail the integration of the 
        database into the Commission's overall information 
        technology improvement objectives and plans. The plan 
        submitted under this subsection shall include a 
        detailed implementation schedule for the database, and 
        plans for a public awareness campaign to be conducted 
        by the Commission to increase consumer awareness of the 
        database.
            ``(3) Date of initial availability.--Not later than 
        18 months after the date on which the Commission 
        submits the plan required by paragraph (2), the 
        Commission shall establish the database required by 
        paragraph (1).
    ``(b) Content and Organization.--
            ``(1) Contents.--Except as provided in subsection 
        (c)(4), the database shall include the following:
                    ``(A) Reports of harm relating to the use 
                of consumer products, and other products or 
                substances regulated by the Commission, that 
                are received by the Commission from--
                            ``(i) consumers;
                            ``(ii) local, State, or Federal 
                        government agencies;
                            ``(iii) health care professionals;
                            ``(iv) child service providers; and
                            ``(v) public safety entities.
                    ``(B) Information derived by the Commission 
                from notice under section 15(c) or any notice 
                to the public relating to a voluntary 
                corrective action taken by a manufacturer, in 
                consultation with the Commission, of which 
                action the Commission has notified the public.
                    ``(C) The comments received by the 
                Commission under subsection (c)(2)(A) to the 
                extent requested under subsection (c)(2)(B).
            ``(2) Submission of information.--In implementing 
        the database, the Commission shall establish the 
        following:
                    ``(A) Electronic, telephonic, and paper-
                based means of submitting, for inclusion in the 
                database, reports described in paragraph (1)(A) 
                of this subsection.
                    ``(B) A requirement that any report 
                described in paragraph (1)(A) submitted for 
                inclusion in such database include, at a 
                minimum--
                            ``(i) a description of the consumer 
                        product (or other product or substance 
                        regulated by the Commission) concerned;
                            ``(ii) identification of the 
                        manufacturer or private labeler of the 
                        consumer product (or other product or 
                        substance regulated by the Commission);
                            ``(iii) a description of the harm 
                        relating to the use of the consumer 
                        product (or other product or substance 
                        regulated by the Commission);
                            ``(iv) contact information for the 
                        person submitting the report; and
                            ``(v) a verification by the person 
                        submitting the information that the 
                        information submitted is true and 
                        accurate to the best of the person's 
                        knowledge and that the person consents 
                        that such information be included in 
                        the database.
            ``(3) Additional information.--In addition to the 
        reports received under paragraph (1), the Commission 
        shall include in the database, consistent with the 
        requirements of section 6(a) and (b), any additional 
        information it determines to be in the public interest.
            ``(4) Organization of database.--The Commission 
        shall categorize the information available on the 
        database in a manner consistent with the public 
        interest and in such manner as it determines to 
        facilitate easy use by consumers and shall ensure, to 
        the extent practicable, that the database is sortable 
        and accessible by--
                    ``(A) the date on which information is 
                submitted for inclusion in the database;
                    ``(B) the name of the consumer product (or 
                other product or substance regulated by the 
                Commission);
                    ``(C) the model name;
                    ``(D) the manufacturer's or private 
                labeler's name; and
                    ``(E) such other elements as the Commission 
                considers in the public interest.
            ``(5) Notice requirements.--The Commission shall 
        provide clear and conspicuous notice to users of the 
        database that the Commission does not guarantee the 
        accuracy, completeness, or adequacy of the contents of 
        the database.
            ``(6) Availability of contact information.--The 
        Commission may not disclose, under this section, the 
        name, address, or other contact information of any 
        individual or entity that submits to the Commission a 
        report described in paragraph (1)(A), except that the 
        Commission may provide such information to the 
        manufacturer or private labeler of the product with the 
        express written consent of the person submitting the 
        information. Consumer information provided to a 
        manufacturer or private labeler under this section may 
        not be used or disseminated to any other party for any 
        purpose other than verifying a report submitted under 
        paragraph (1)(A).
    ``(c) Procedural Requirements.--
            ``(1) Transmission of reports to manufacturers and 
        private labelers.--Not later than 5 business days after 
        the Commission receives a report described in 
        subsection (b)(1)(A) which includes the information 
        required by subsection (b)(2)(B), the Commission shall 
        to the extent practicable transmit the report, subject 
        to subsection (b)(6), to the manufacturer or private 
        labeler identified in the report.
            ``(2) Opportunity to comment.--
                    ``(A) In general.--If the Commission 
                transmits a report under paragraph (1) to a 
                manufacturer or private labeler, the Commission 
                shall provide such manufacturer or private 
                labeler an opportunity to submit comments to 
                the Commission on the information contained in 
                such report.
                    ``(B) Request for inclusion in database.--A 
                manufacturer or private labeler may request the 
                Commission to include its comments in the 
                database.
                    ``(C) Confidential matter.--
                            ``(i) In general.--If the 
                        Commission transmits a report received 
                        under paragraph (1) to a manufacturer 
                        or private labeler, the manufacturer or 
                        private labeler may review the report 
                        for confidential information and 
                        request that portions of the report 
                        identified as confidential be so 
                        designated.
                            ``(ii) Redaction.--If the 
                        Commission determines that the 
                        designated information contains, or 
                        relates to, a trade secret or other 
                        matter referred to in section 1905 of 
                        title 18, United States Code, or that 
                        is subject to section 552(b)(4) of 
                        title 5, United States Code, the 
                        Commission shall redact the designated 
                        information in the report before it is 
                        placed in the database.
                            ``(iii) Review.--If the Commission 
                        determines that the designated 
                        information is not confidential under 
                        clause (ii), the Commission shall 
                        notify the manufacturer or private 
                        labeler and include the information in 
                        the database. The manufacturer or 
                        private labeler may bring an action in 
                        the district court of the United States 
                        in the district in which the 
                        complainant resides, or has its 
                        principal place of business, or in the 
                        United States District Court for the 
                        District of Columbia, to seek removal 
                        of the information from the database.
            ``(3) Publication of reports and comments.--
                    ``(A) Reports.--Except as provided in 
                paragraph (4)(A), if the Commission receives a 
                report described in subsection (b)(1)(A), the 
                Commission shall make the report available in 
                the database not later than the 10th business 
                day after the date on which the Commission 
                transmits the report under paragraph (1) of 
                this subsection.
                    ``(B) Comments.--Except as provided in 
                paragraph (4)(A), if the Commission receives a 
                comment under paragraph (2)(A) with respect to 
                a report described in subsection (b)(1)(A) and 
                a request with respect to such comment under 
                paragraph (2)(B) of this subsection, the 
                Commission shall make such comment available in 
                the database at the same time as such report or 
                as soon as practicable thereafter.
            ``(4) Inaccurate information.--
                    ``(A) Inaccurate information in reports and 
                comments received.--If, prior to making a 
                report described in subsection (b)(1)(A) or a 
                comment described in paragraph (2) of this 
                subsection available in the database, the 
                Commission determines that the information in 
                such report or comment is materially 
                inaccurate, the Commission shall--
                            ``(i) decline to add the materially 
                        inaccurate information to the database;
                            ``(ii) correct the materially 
                        inaccurate information in the report or 
                        comment and add the report or comment 
                        to the database; or
                            ``(iii) add information to correct 
                        inaccurate information in the database.
                    ``(B) Inaccurate information in database.--
                If the Commission determines, after 
                investigation, that information previously made 
                available in the database is materially 
                inaccurate or duplicative of information in the 
                database, the Commission shall, not later than 
                7 business days after such determination--
                            ``(i) remove such information from 
                        the database;
                            ``(ii) correct such information; or
                            ``(iii) add information to correct 
                        inaccurate information in the database.
    ``(d) Annual Report.--The Commission shall submit to the 
appropriate Congressional committees an annual report on the 
database, including--
            ``(1) the operation, content, maintenance, 
        functionality, and cost of the database for the 
        reporting year; and
            ``(2) the number of reports and comments for the 
        year--
                    ``(A) received by the Commission under this 
                section;
                    ``(B) posted on the database; and
                    ``(C) corrected on or removed from the 
                database.
    ``(e) GAO Study.--Within 2 years after the date on which 
the Commission establishes the database under this section, the 
Comptroller General shall submit a report to the appropriate 
Congressional committees containing--
            ``(1) an analysis of the general utility of the 
        database, including--
                    ``(A) an assessment of the extent of use of 
                the database by consumers, including whether 
                the database is accessed by a broad range of 
                the public and whether consumers find the 
                database to be useful; and
                    ``(B) efforts by the Commission to inform 
                the public about the database; and
            ``(2) recommendations for measures to increase use 
        of the database by consumers and to ensure use by a 
        broad range of the public.
    ``(f) Application of Certain Notice and Disclosure 
Requirements.--
            ``(1) In general.--The provisions of section 6(a) 
        and (b) shall not apply to the disclosure under this 
        section of a report described in subsection (b)(1)(A) 
        of this section.
            ``(2) Construction.--Paragraph (1) shall not be 
        construed to exempt from the requirements of section 
        6(a) and (b) information received by the Commission 
        under--
                    ``(A) section 15(b); or
                    ``(B) any other mandatory or voluntary 
                reporting program established between a 
                retailer, manufacturer, or private labeler and 
                the Commission.
    ``(g) Harm Defined.--In this section, the term `harm' 
means--
            ``(1) injury, illness, or death; or
            ``(2) risk of injury, illness, or death, as 
        determined by the Commission.''.
    (b) Upgrade of Commission Information Technology Systems.--
The Commission shall expedite efforts to upgrade and improve 
the information technology systems in use by the Commission on 
the date of enactment of this Act.
    (c) Clerical Amendment.--The table of contents in section 1 
(15 U.S.C. 2051 note), as amended by section 206, is amended by 
inserting after the item relating to section 6 the following 
new item:

``Sec. 6A. Publicly available consumer product safety information 
          database.''.

SEC. 213. 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 this 
        Act or similar rule, regulation, standard, or ban under 
        any other Act enforced by the Commission applies,'' 
        after ``applies,''; and
            (2) by striking ``consumer product safety rule'' 
        the second, third, and fourth places it appears, and 
        inserting ``rule, regulation, standard, or ban''.

SEC. 214. ENHANCED RECALL AUTHORITY AND CORRECTIVE ACTION PLANS.

    (a) Enhanced Recall Authority.--Section 15 (15 U.S.C. 2064) 
is amended--
            (1) in subsection (a)(1), by inserting ``under this 
        Act or a similar rule, regulation, standard, or ban 
        under any other Act enforced by the Commission'' after 
        ``consumer product safety rule'';
            (2) in subsection (b)--
                    (A) by striking ``consumer product 
                distributed in commerce,'' and inserting 
                ``consumer product, or other product or 
                substance over which the Commission has 
                jurisdiction under any other Act enforced by 
                the Commission (other than motor vehicle 
                equipment as defined in section 30102(a)(7) of 
                title 49, United States Code), distributed in 
                commerce,'';
                    (B) by redesignating paragraphs (2) and (3) 
                as paragraphs (3) and (4), respectively;
                    (C) by inserting after paragraph (1) the 
                following:
            ``(2) fails to comply with any other rule, 
        regulation, standard, or ban under this Act or any 
        other Act enforced by the Commission;''; and
                    (D) by adding at the end the following: ``A 
                report provided under paragraph (2) may not be 
                used as the basis for criminal prosecution of 
                the reporting person 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.''.
            (3) in subsection (c)--
                    (A) by inserting ``(1)'' after the 
                subsection designation;
                    (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.'';
                    (E) by striking ``comply.'' in subparagraph 
                (D), as redesignated, and inserting ``comply, 
                including posting clear and conspicuous notice 
                on its Internet website, providing notice to 
                any third party Internet website on which such 
                manufacturer, retailer, distributor, or 
                licensor 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.''; and
                    (F) by adding at the end the following:
    ``(2) The Commission may require a notice described in 
paragraph (1) to be distributed in a language other than 
English if the Commission determines that doing so is necessary 
to adequately protect the public.
    ``(3) 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.'';
            (4) 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) or (d) 
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 inserting ``to provide the notice required 
        by subsection (c) and'' after ``such product'' the 
        first place it appears;
            (3) by striking ``whichever of the following 
        actions the person to whom the order is directed 
        elects:'' and inserting ``any one or more of the 
        following actions it determines to be in the public 
        interest:'';
            (4) by redesignating paragraphs (1), (2), and (3) 
        as subparagraphs (A), (B), and (C);
            (5) in each of subparagraphs (A) and (B) (as so 
        redesignated), by striking ``consumer product safety 
        rule'' each place it appears and inserting ``rule, 
        regulation, standard, or ban'';
            (6) by striking ``more (A)'' in subparagraph (C), 
        as redesignated, and inserting ``more (i)'';
            (7) by striking ``or (B)'' in subparagraph (C), as 
        redesignated, and inserting ``or (ii)'';
            (8) by striking ``An order under this subsection 
        may'' and inserting:
    ``(2) An order under this subsection shall'';
            (9) by striking ``satisfactory to the Commission,'' 
        and inserting ``for approval by the Commission,'';
            (10) by striking ``paragraphs of this subsection 
        under which such person has elected to act'' and 
        inserting ``subparagraphs under which such person has 
        been ordered to act'';
            (11) by striking ``if the person to whom the order 
        is directed elects to take the action described in 
        paragraph (3)'' and insert ``if the Commission orders 
        the action described in subparagraph (C)'';
            (12) by striking ``If an order under this 
        subsection is directed'' and all that follows through 
        ``has the election under this subsection'';
            (13) by striking ``described in paragraph (3).'' 
        and inserting ``described in paragraph (1)(C).''; and
            (14) 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. The manufacturer, retailer, or 
distributor to which the action plan applies may not distribute 
in commerce the product to which the action plan relates after 
receipt of notice of a revocation of the action plan.''.
    (c) Content of Notice.--Section 15 (15 U.S.C. 2064) is 
further amended by adding at the end the following:
    ``(i) Requirements for Recall Notices.--
            ``(1) Guidelines.--Not later than 180 days after 
        the date of enactment of the Consumer Product Safety 
        Improvement Act of 2008, 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--
                    ``(A) identifying the specific product that 
                is subject to such an order;
                    ``(B) understanding the hazard that has 
                been identified with such product (including 
                information regarding incidents or injuries 
                known to have occurred involving such product); 
                and
                    ``(C) understanding what remedy, if any, is 
                available to a consumer who has purchased the 
                product.
            ``(2) Content.--Except to the extent that the 
        Commission determines with respect to a particular 
        product that one or more of the following items is 
        unnecessary or inappropriate under the circumstances, 
        the notice shall include the following:
                    ``(A) description of the product, 
                including--
                            ``(i) the model number or stock 
                        keeping unit (SKU) number of the 
                        product;
                            ``(ii) the names by which the 
                        product is commonly known; and
                            ``(iii) a photograph of the 
                        product.
                    ``(B) A description of the action being 
                taken with respect to the product.
                    ``(C) The number of units of the product 
                with respect to which the action is being 
                taken.
                    ``(D) A description of the substantial 
                product hazard and the reasons for the action.
                    ``(E) An identification of the 
                manufacturers and significant retailers of the 
                product.
                    ``(F) The dates between which the product 
                was manufactured and sold.
                    ``(G) The number and a description of any 
                injuries or deaths associated with the product, 
                the ages of any individuals injured or killed, 
                and the dates on which the Commission received 
                information about such injuries or deaths.
                    ``(H) A description of--
                            ``(i) any remedy available to a 
                        consumer;
                            ``(ii) any action a consumer must 
                        take to obtain a remedy; and
                            ``(iii) any information a consumer 
                        needs in order to obtain a remedy or 
                        information about a remedy, such as 
                        mailing addresses, telephone numbers, 
                        fax numbers, and email addresses.
                    ``(I) Other information the Commission 
                deems appropriate.''.

SEC. 215. INSPECTION OF FIREWALLED CONFORMITY ASSESSMENT BODIES; 
                    IDENTIFICATION OF SUPPLY CHAIN.

    (a) Inspection of Firewalled Conformity Assessment Body.--
Section 16(a) (15 U.S.C. 2065(a)) is amended--
            (1) by striking ``or (B)'' and inserting ``(B) any 
        firewalled conformity assessment bodies accredited 
        under section 14(f)(2)(D), or (C)'' in paragraph (1); 
        and
            (2) by inserting ``firewalled conformity assessment 
        body,'' after ``factory,'' in paragraph (2).
    (b) Identification of Manufacturers, Importers, Retailers, 
and Distributors.--Section 16 (15 U.S.C. 2065) is further 
amended by adding at the end thereof the following:
    ``(c) Identification of Manufacturers, Importers, 
Retailers, and Distributors.--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 known or can be 
        readily determined by 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 of such product or 
                substance; and
                    ``(C) each subcontractor from which the 
                manufacturer obtained a component thereof.''.
    (c) Conforming Amendments.--Section 16 (15 U.S.C. 2065) is 
further amended--
            (1) in subsection (a), by inserting ``Inspection.--
        '' after the subsection designation; and
            (2) in subsection (b), by inserting 
        ``Recordkeeping.--'' after the subsection designation.

SEC. 216. PROHIBITED ACTS.

    (a) Sale of Recalled Products.--Section 19(a) (15 U.S.C. 
2068(a)) is amended--
            (1) by striking paragraphs (1) and (2) and 
        inserting the following:
            ``(1) sell, offer for sale, manufacture for sale, 
        distribute in commerce, or import into the United 
        States any consumer product, or other product or 
        substance that is regulated under this Act or any other 
        Act enforced by the Commission, that is not in 
        conformity with an applicable consumer product safety 
        rule under this Act, or any similar rule, regulation, 
        standard, or ban under any other Act enforced by the 
        Commission;
            ``(2) 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--
                    ``(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 if the seller, distributor, or manufacturer 
                knew or should have known of such voluntary 
                corrective action;
                    ``(C) subject to an order issued under 
                section 12 or 15 of this Act; or
                    ``(D) 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) by amending paragraph (6) to read as follows:
            ``(6) fail to furnish a certificate required by 
        this Act or any other Act enforced by the Commission, 
        or to issue a false certificate if such person in the 
        exercise of due care has reason to know that the 
        certificate is false or misleading in any material 
        respect; or to fail to comply with any requirement of 
        section 14 (including the requirement for tracking 
        labels) or any rule or regulation under such 
        section;''.
            (3) by striking ``or'' after the semicolon in 
        paragraph (7);
            (4) by striking ``and'' after the semicolon in 
        paragraph (8);
            (5) by striking ``insulation).'' in paragraph (9) 
        and inserting ``insulation);''; and
            (6) by striking the period at the end of paragraph 
        (10) and inserting a semicolon; and
            (7) by inserting at the end the following:
            ``(12) sell, offer for sale, distribute in 
        commerce, or import into the United States any consumer 
        product bearing a registered safety certification mark 
        owned by an accredited conformity assessment body, 
        which mark is known, or should have been known, by such 
        person to be used in a manner unauthorized by the owner 
        of that certification mark;
            ``(13) misrepresent to any officer or employee of 
        the Commission the scope of consumer products subject 
        to an action required under section 12 or 15, or to 
        make a material misrepresentation to such an officer or 
        employee in the course of an investigation under this 
        Act or any other Act enforced by the Commission; or
            ``(14) exercise, or attempt to exercise, undue 
        influence on a third party conformity assessment body 
        (as defined in section 14(f)(2)) with respect to the 
        testing, or reporting of the results of testing, of any 
        product for compliance under this Act or any other Act 
        enforced by the Commission.
            ``(15) export from the United States for purpose of 
        sale any consumer product, or other product or 
        substance regulated by the Commission (other than a 
        consumer product or substance, the export of which is 
        permitted by the Secretary of the Treasury pursuant to 
        section 17(e)) that--
                    ``(A) is subject to an order issued under 
                section 12 or 15 of this Act or is 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)); or
                    ``(B) 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; 
                or
            ``(16) violate an order of the Commission issued 
        under section 18(c).''.
    (b) Conforming Amendment.--Section 17(a)(2) (15 U.S.C. 
2066(a)(2)) is amended to read as follows:
            ``(2) is not accompanied by a certificate required 
        by this Act or any other Act enforced by the 
        Commission, or is accompanied by a false certificate, 
        if the manufacturer in the exercise of due care has 
        reason to know that the certificate is false or 
        misleading in any material respect, or is not 
        accompanied by any label or certificate (including 
        tracking labels) required under section 14 or any rule 
        or regulation under such section;''.

SEC. 217. PENALTIES.

    (a) Maximum Civil Penalties of the Consumer Product Safety 
Commission.--
            (1) Consumer product safety act.--Section 20(a)(1) 
        (15 U.S.C. 2069(a)(1)) is amended--
                    (A) by striking ``$5,000'' and inserting 
                ``$100,000'';
                    (B) by striking ``$1,250,000'' both places 
                it appears and inserting ``$15,000,000''; and
                    (C) by striking ``December 1, 1994,'' in 
                paragraph (3)(B) and inserting ``December 1, 
                2011,''.
            (2) Federal hazardous substances act.--Section 
        5(c)(1) of the Federal Hazardous Substances Act (15 
        U.S.C. 1264(c)(1)) is amended--
                    (A) by striking ``$5,000'' in paragraph (1) 
                and inserting ``$100,000'';
                    (B) by striking ``$1,250,000'' both places 
                it appears and inserting ``$15,000,000''; and
                    (C) by striking ``December 1, 1994,'' in 
                paragraph (6)(B) and inserting ``December 1, 
                2011,''.
            (3) Flammable fabrics act.--Section 5(e)(1) of the 
        Flammable Fabrics Act (15 U.S.C. 1194(e)(1)) is 
        amended--
                    (A) by striking ``$5,000'' in paragraph (1) 
                and inserting ``$100,000'';
                    (B) by striking ``$1,250,000'' and 
                inserting ``$15,000,000''; and
                    (C) by striking ``December 1, 1994,'' in 
                paragraph (6)(B) and inserting ``December 1, 
                2011,''.
            (4) Effective date.--The amendments made by this 
        subsection shall take effect on the date that is the 
        earlier of the date on which final regulations are 
        issued under subsection (b)(2) or 1 year 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 (15 U.S.C. 2069) is amended--
                            (i) in subsection (b)--
                                    (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 ``, 
                                including how to mitigate undue 
                                adverse economic impacts on 
                                small businesses, and such 
                                other factors as appropriate'' 
                                before the period; and
                            (ii) in subsection (c)--
                                    (I) by inserting ``, 
                                including how to mitigate undue 
                                adverse economic impacts on 
                                small businesses, the nature, 
                                circumstances, extent, and 
                                gravity of the violation, 
                                including'' after ``person 
                                charged''; and
                                    (II) by inserting ``, and 
                                such other factors as 
                                appropriate'' after ``products 
                                distributed''.
                    (B) Federal hazardous substances act.--
                Section 5(c) of the Federal Hazardous 
                Substances Act (15 U.S.C. 1264(c)) is amended--
                            (i) in paragraph (3)--
                                    (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 ``, 
                                including how to mitigate undue 
                                adverse economic impacts on 
                                small businesses, and such 
                                other factors as appropriate'' 
                                before the period; and
                            (ii) in paragraph (4)--
                                    (I) by inserting ``, 
                                including how to mitigate undue 
                                adverse economic impacts on 
                                small businesses, the nature, 
                                circumstances, extent, and 
                                gravity of the violation, 
                                including'' after ``person 
                                charged''; and
                                    (II) by inserting ``, and 
                                such other factors as 
                                appropriate'' after ``substance 
                                distributed''.
                    (C) Flammable fabrics act.--Section 5(e) of 
                the Flammable Fabrics Act (15 U.S.C. 1194(e)) 
                is amended--
                            (i) in paragraph (2)--
                                    (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; and
                            (ii) in paragraph (3)--
                                    (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) Civil penalty criteria.--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).
    (c) Criminal Penalties.--
            (1) In general.--Section 21(a) (15 U.S.C. 2070(a)) 
        is amended to read as follows:
    ``(a) Violation of section 19 of this Act is punishable 
by--
            ``(1) imprisonment for not more than 5 years for a 
        knowing and willful violation of that section;
            ``(2) a fine determined under section 3571 of title 
        18, United States Code; or
            ``(3) both.''.
            (2) Directors, officers, and agents.--Section 21(b) 
        (15 U.S.C. 2070(b)) is amended by striking ``19, and 
        who has knowledge of notice of noncompliance received 
        by the corporation from the Commission,'' and inserting 
        ``19''.
            (3) Under the federal hazardous substances act.--
        Section 5(a) of the Federal Hazardous Substances Act 
        (15 U.S.C. 1264(a)) is amended by striking ``one year, 
        or a fine of not more than $3,000, or both such 
        imprisonment and fine.'' and inserting ``5 years, a 
        fine determined under section 3571 of title 18, United 
        States Code, or both.''.
            (4) Under the flammable fabrics act.--Section 7 of 
        the Flammable Fabrics Act (15 U.S.C. 1196) is amended 
        to read as follows:

                              ``PENALTIES

    ``Sec. 7.  Violation of section 3 or 8(b) of this Act, or 
failure to comply with section 15(c) of this Act, is punishable 
by--
            ``(1) imprisonment for not more than 5 years for a 
        knowing and willful violation of that section;
            ``(2) a fine determined under section 3571 of title 
        18, United States Code; or
            ``(3) both.''.
    (d) Criminal Penalties To Include Asset Forfeiture.--
Section 21 (15 U.S.C. 2070) is amended by adding at the end 
thereof the following:
    ``(c)(1) In addition to the penalties provided by 
subsection (a), the penalty for a criminal violation of this 
Act or any other Act enforced by the Commission may include the 
forfeiture of assets associated with the violation.
    ``(2) In this subsection, the term `criminal violation' 
means a violation of this Act or any other Act enforced by the 
Commission for which the violator is sentenced to pay a fine, 
be imprisoned, or both.''.

SEC. 218. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

    (a) In General.--Section 24 (15 U.S.C. 2073) is amended--
            (1) by striking ``PRIVATE'' in the section heading 
        and inserting ``ADDITIONAL'';
            (2) by inserting ``(a) In General.--'' before ``Any 
        interested person''; and
            (3) by adding at the end the following:
    ``(b) State Attorney General Enforcement.--
            ``(1) Right of action.--Except as provided in 
        paragraph (5), the attorney general of a State, or 
        other authorized State officer, alleging a violation of 
        section 19(a)(1), (2), (5), (6), (7), (9), or (12) of 
        this Act 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 obtain appropriate injunctive 
        relief.
            ``(2) Initiation of civil action.--
                    ``(A) Notice to commission required in all 
                cases.--A State shall provide written notice to 
                the Commission regarding any civil action under 
                paragraph (1). Except when proceeding under 
                subparagraph (C), the State shall provide the 
                notice at least 30 days before the date on 
                which the State intends to initiate the civil 
                action by filing a complaint.
                    ``(B) Filing of complaint.--A State may 
                initiate the civil action by filing a 
                complaint--
                            ``(i) at any time after the date on 
                        which the 30-day period ends; or
                            ``(ii) earlier than such date if 
                        the Commission consents to an earlier 
                        initiation of the civil action by the 
                        State.
                    ``(C) Actions involving substantial product 
                hazard.--Notwithstanding subparagraph (B), a 
                State may initiate a civil action under 
                paragraph (1) by filing a complaint immediately 
                after notifying the Commission of the State's 
                determination that such immediate action is 
                necessary to protect the residents of the State 
                from a substantial product hazard (as defined 
                in section 15(a)).
                    ``(D) Form of notice.--The written notice 
                required by this paragraph may be provided by 
                electronic mail, facsimile machine, or any 
                other means of communication accepted by the 
                Commission.
                    ``(E) Copy of complaint.--A State shall 
                provide a copy of the complaint to the 
                Commission upon filing the complaint or as soon 
                as possible thereafter.
            ``(3) Intervention by the commission.--The 
        Commission may intervene in such civil action and upon 
        intervening--
                    ``(A) be heard on all matters arising in 
                such civil action; and
                    ``(B) file petitions for appeal of a 
                decision in such civil action.
            ``(4) Construction.--Nothing in this section, 
        section 5(d) of the Federal Hazardous Substances Act 
        (15 U.S.C. 1264(d)), section 9 of the Poison Prevention 
        Packaging Act of 1970, or section 5(a) of the Flammable 
        Fabrics Act (15 U.S.C. 1194(d)) shall be construed--
                    ``(A) to prevent the attorney general of a 
                State, or other authorized State officer, from 
                exercising the powers conferred on the attorney 
                general, or other authorized State officer, by 
                the laws of such State; or
                    ``(B) to prohibit the attorney general of a 
                State, or other authorized State officer, from 
                proceeding in State or Federal court on the 
                basis of an alleged violation of any civil or 
                criminal statute of that State.
            ``(5) Limitation.--No separate suit shall be 
        brought under this subsection (other than a suit 
        alleging a violation of paragraph (1) or (2) of section 
        19(a)) 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.
            ``(6) Restrictions on private counsel.--If private 
        counsel is retained to assist in any civil action under 
        paragraph (1), the private counsel retained to assist 
        the State may not--
                    ``(A) share with participants in other 
                private civil actions that arise out of the 
                same operative facts any information that is--
                            ``(i) subject to attorney-client or 
                        work product privilege; and
                            ``(ii) was obtained during 
                        discovery in the action under paragraph 
                        (1); or
                    ``(B) use any information that is subject 
                to attorney-client or work product privilege 
                that was obtained while assisting the State in 
                the action under paragraph (1) in any other 
                private civil actions that arise out of the 
                same operative facts.''.
    (b) Conforming Amendments.--
            (1) Poison prevention packaging act.--The Poison 
        Prevention Packaging Act of 1970 (15 U.S.C. 1471 et 
        seq.) is amended by adding at the end the following:

``SEC. 9. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

    ``The attorney general of a State, or other authorized 
State officer, alleging a violation of a standard or rule 
promulgated under section 3 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 obtain appropriate injunctive relief. The 
procedural requirements of section 24(b) of the Consumer 
Product Safety Act (15 U.S.C. 2073(b)) shall apply to any such 
action.''.
            (2) Clerical amendment.--The table of contents in 
        section 1 (15 U.S.C. 2051 note) is amended by striking 
        the item relating to section 24 and inserting the 
        following:

``Sec. 24. Additional enforcement of product safety rules and of section 
          15 orders.''.

SEC. 219. WHISTLEBLOWER PROTECTIONS.

    (a) In General.--The Act (15 U.S.C. 2051 et seq.), as 
amended by section 206 of this Act, is further amended by 
adding at the end the following:

                       ``WHISTLEBLOWER PROTECTION

    ``Sec. 40.  (a) No manufacturer, private labeler, 
distributor, or retailer, may discharge an employee or 
otherwise discriminate against an employee with respect to 
compensation, terms, conditions, or privileges of employment 
because the employee, whether at the employee's initiative or 
in the ordinary course of the employee's duties (or any person 
acting pursuant to a request of the employee)--
            ``(1) provided, caused to be provided, or is about 
        to provide or cause to be provided to the employer, the 
        Federal Government, or the attorney general of a State 
        information relating to any violation of, or any act or 
        omission the employee reasonably believes to be a 
        violation of any provision of this Act or any other Act 
        enforced by the Commission, or any order, rule, 
        regulation, standard, or ban under any such Acts;
            ``(2) testified or is about to testify in a 
        proceeding concerning such violation;
            ``(3) assisted or participated or is about to 
        assist or participate in such a proceeding; or
            ``(4) objected to, or refused to participate in, 
        any activity, policy, practice, or assigned task that 
        the employee (or other such person) reasonably believed 
        to be in violation of any provision of this Act or any 
        other Act enforced by the Commission, or any order, 
        rule, regulation, standard, or ban under any such Acts.
    ``(b)(1) A person who believes that he or she has been 
discharged or otherwise discriminated against by any person in 
violation of subsection (a) may, not later than 180 days after 
the date on which such violation occurs, file (or have any 
person file on his or her behalf) a complaint with the 
Secretary of Labor alleging such discharge or discrimination 
and identifying the person responsible for such act. Upon 
receipt of such a complaint, the Secretary shall notify, in 
writing, the person named in the complaint of the filing of the 
complaint, of the allegations contained in the complaint, of 
the substance of evidence supporting the complaint, and of the 
opportunities that will be afforded to such person under 
paragraph (2).
    ``(2)(A) Not later than 60 days after the date of receipt 
of a complaint filed under paragraph (1) and after affording 
the complainant and the person named in the complaint an 
opportunity to submit to the Secretary a written response to 
the complaint and an opportunity to meet with a representative 
of the Secretary to present statements from witnesses, the 
Secretary shall initiate an investigation and determine whether 
there is reasonable cause to believe that the complaint has 
merit and notify, in writing, the complainant and the person 
alleged to have committed a violation of subsection (a) of the 
Secretary's findings. If the Secretary concludes that there is 
reasonable cause to believe that a violation of subsection (a) 
has occurred, the Secretary shall accompany the Secretary's 
findings with a preliminary order providing the relief 
prescribed by paragraph (3)(B). Not later than 30 days after 
the date of notification of findings under this paragraph, 
either the person alleged to have committed the violation or 
the complainant may file objections to the findings or 
preliminary order, or both, and request a hearing on the 
record. The filing of such objections shall not operate to stay 
any reinstatement remedy contained in the preliminary order. 
Any such hearing shall be conducted expeditiously. If a hearing 
is not requested in such 30-day period, the preliminary order 
shall be deemed a final order that is not subject to judicial 
review.
    ``(B)(i) The Secretary shall dismiss a complaint filed 
under this subsection and shall not conduct an investigation 
otherwise required under subparagraph (A) unless the 
complainant makes a prima facie showing that any behavior 
described in paragraphs (1) through (4) of subsection (a) was a 
contributing factor in the unfavorable personnel action alleged 
in the complaint.
    ``(ii) Notwithstanding a finding by the Secretary that the 
complainant has made the showing required under clause (i), no 
investigation otherwise required under subparagraph (A) shall 
be conducted if the employer demonstrates, by clear and 
convincing evidence, that the employer would have taken the 
same unfavorable personnel action in the absence of that 
behavior.
    ``(iii) The Secretary may determine that a violation of 
subsection (a) has occurred only if the complainant 
demonstrates that any behavior described in paragraphs (1) 
through (4) of subsection (a) was a contributing factor in the 
unfavorable personnel action alleged in the complaint.
    ``(iv) Relief may not be ordered under subparagraph (A) if 
the employer demonstrates by clear and convincing evidence that 
the employer would have taken the same unfavorable personnel 
action in the absence of that behavior.
    ``(3)(A) Not later than 120 days after the date of 
conclusion of any hearing under paragraph (2), the Secretary 
shall issue a final order providing the relief prescribed by 
this paragraph or denying the complaint. At any time before 
issuance of a final order, a proceeding under this subsection 
may be terminated on the basis of a settlement agreement 
entered into by the Secretary, the complainant, and the person 
alleged to have committed the violation.
    ``(B) If, in response to a complaint filed under paragraph 
(1), the Secretary determines that a violation of subsection 
(a) has occurred, the Secretary shall order the person who 
committed such violation--
            ``(i) to take affirmative action to abate the 
        violation;
            ``(ii) to reinstate the complainant to his or her 
        former position together with compensation (including 
        back pay) and restore the terms, conditions, and 
        privileges associated with his or her employment; and
            ``(iii) to provide compensatory damages to the 
        complainant.
If such an order is issued under this paragraph, the Secretary, 
at the request of the complainant, shall assess against the 
person against whom the order is issued a sum equal to the 
aggregate amount of all costs and expenses (including 
attorneys' and expert witness fees) reasonably incurred, as 
determined by the Secretary, by the complainant for, or in 
connection with, the bringing of the complaint upon which the 
order was issued.
    ``(C) If the Secretary finds that a complaint under 
paragraph (1) is frivolous or has been brought in bad faith, 
the Secretary may award to the prevailing employer a reasonable 
attorneys' fee, not exceeding $1,000, to be paid by the 
complainant.
    ``(4) If the Secretary has not issued a final decision 
within 210 days after the filing of the complaint, or within 90 
days after receiving a written determination, the complainant 
may bring an action at law or equity for de novo review in the 
appropriate district court of the United States with 
jurisdiction, which shall have jurisdiction over such an action 
without regard to the amount in controversy, and which action 
shall, at the request of either party to such action, be tried 
by the court with a jury. The proceedings shall be governed by 
the same legal burdens of proof specified in paragraph (2)(B). 
The court shall have jurisdiction to grant all relief necessary 
to make the employee whole, including injunctive relief and 
compensatory damages, including--
            ``(A) reinstatement with the same seniority status 
        that the employee would have had, but for the discharge 
        or discrimination;
            ``(B) the amount of back pay, with interest; and
            ``(C) compensation for any special damages 
        sustained as a result of the discharge or 
        discrimination, including litigation costs, expert 
        witness fees, and reasonable attorney's fees.
    ``(5)(A) Unless the complainant brings an action under 
paragraph (4), any person adversely affected or aggrieved by a 
final order issued under paragraph (3) may obtain review of the 
order in the United States Court of Appeals for the circuit in 
which the violation, with respect to which the order was 
issued, allegedly occurred or the circuit in which the 
complainant resided on the date of such violation. The petition 
for review must be filed not later than 60 days after the date 
of the issuance of the final order of the Secretary. Review 
shall conform to chapter 7 of title 5, United States Code. The 
commencement of proceedings under this subparagraph shall not, 
unless ordered by the court, operate as a stay of the order.
    ``(B) An order of the Secretary with respect to which 
review could have been obtained under subparagraph (A) shall 
not be subject to judicial review in any criminal or other 
civil proceeding.
    ``(6) Whenever any person has failed to comply with an 
order issued under paragraph (3), the Secretary may file a 
civil action in the United States district court for the 
district in which the violation was found to occur, or in the 
United States district court for the District of Columbia, to 
enforce such order. In actions brought under this paragraph, 
the district courts shall have jurisdiction to grant all 
appropriate relief including, but not limited to, injunctive 
relief and compensatory damages.
    ``(7)(A) A person on whose behalf an order was issued under 
paragraph (3) may commence a civil action against the person to 
whom such order was issued to require compliance with such 
order. The appropriate United States district court shall have 
jurisdiction, without regard to the amount in controversy or 
the citizenship of the parties, to enforce such order.
    ``(B) The court, in issuing any final order under this 
paragraph, may award costs of litigation (including reasonable 
attorneys' and expert witness fees) to any party whenever the 
court determines such award is appropriate.
    ``(c) Any nondiscretionary duty imposed by this section 
shall be enforceable in a mandamus proceeding brought under 
section 1361 of title 28, United States Code.
    ``(d) Subsection (a) shall not apply with respect to an 
employee of a manufacturer, private labeler, distributor, or 
retailer who, acting without direction from such manufacturer, 
private labeler, distributor, or retailer (or such person's 
agent), deliberately causes a violation of any requirement 
relating to any violation or alleged violation of any order, 
regulation, or consumer product safety standard under this Act 
or any other law enforced by the Commission.''.
    (b) Conforming Amendment.--The table of contents, as 
amended by section 206 of this Act, is further amended by 
inserting after the item relating to section 39 the following:

``Sec. 40. Whistleblower protection.''.

             Subtitle C--Specific Import-Export Provisions

SEC. 221. EXPORT OF RECALLED AND NON-CONFORMING PRODUCTS.

    (a) In General.--Section 18 (15 U.S.C. 2067) is amended--
            (1) in subsection (b), by striking ``any product--
        '' and all that follows through ``promulgated under 
        section 9,'' and inserting ``any product which is not 
        in conformity with an applicable consumer product 
        safety rule in effect under this Act,''; and
            (2) by adding at the end the following:
    ``(c) The Commission may prohibit a person from exporting 
from the United States for purpose of sale any consumer product 
that is not in conformity with an applicable consumer product 
safety rule under this Act, unless the importing country has 
notified the Commission that such country accepts the 
importation of such consumer 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 appropriate within its authority with respect to the 
disposition of the product under the circumstances.
    ``(d) Nothing in this section shall apply to any consumer 
product, the export of which is permitted by the Secretary of 
the Treasury pursuant to section 17(e).''.
    (b) Conforming Amendments to 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 or related material that the Commission 
determines is not in conformity with an applicable standard or 
rule under this Act, unless the importing country has notified 
the Commission that such country accepts the importation of 
such fabric or related material, 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 fabric or 
related material under the circumstances.
    ``(e) Nothing in this section shall apply to any fabric or 
related material, the export of which is permitted by the 
Secretary of the Treasury pursuant to section 17(e).''.

SEC. 222. IMPORT SAFETY MANAGEMENT AND INTERAGENCY COOPERATION.

    (a) Risk Assessment Methodology.--Not later than 2 years 
after the date of enactment of this Act, the Commission shall 
develop a risk assessment methodology for the identification of 
shipments of consumer products that are--
            (1) intended for import into the United States; and
            (2) likely to include consumer products in 
        violation of section 17(a) of the Consumer Product 
        Safety Act (15 U.S.C. 2066(a)) or other import 
        provisions enforced by the Commission.
    (b) Use of International Trade Data System and Other 
Databases.--In developing the methodology required under 
subsection (a), the Commission shall--
            (1) provide for the use of the International Trade 
        Data System, insofar as is practicable, established 
        under section 411(d) of the Tariff Act of 1930 (19 
        U.S.C. 1411(d)) to evaluate and assess information 
        about shipments of consumer products intended for 
        import into the customs territory of the United States;
            (2) incorporate the risk assessment methodology 
        required under this section into its information 
        technology modernization plan;
            (3) examine, in consultation with U.S. Customs and 
        Border Protection, how to share information collected 
        and retained by the Commission, including information 
        in the database required under section 6A of the 
        Consumer Product Safety Act, for the purpose of 
        identifying shipments of consumer products in violation 
        of section 17(a) of such Act (15 U.S.C. 2066(a)) or 
        other import provisions enforced by the Commission; and
            (4) examine, in consultation with U.S. Customs and 
        Border Protection, how to share information required by 
        section 15(j) of the CPSA as added by section 223 of 
        this Act for the purpose of identifying shipments of 
        consumer products in violation of section 17(a) of the 
        Consumer Product Safety Act (15 U.S.C. 2066(a)) or 
        other import provisions enforced by the Commission.
    (c) Cooperation With U.S. Customs and Border Protection.--
Not later than 1 year after the date of enactment of this Act, 
the Commission shall develop a plan for sharing information and 
coordinating with U.S. Customs and Border Protection that 
considers, at a minimum, the following:
            (1) The number of full-time equivalent personnel 
        employed by the Commission that should be stationed at 
        U.S. ports of entry for the purpose of identifying 
        shipments of consumer products that are in violation of 
        section 17(a) of the Consumer Product Safety Act (15 
        U.S.C. 2066(a)) or other import provisions enforced by 
        the Commission.
            (2) The extent and nature of cooperation between 
        the Commission and U.S. Customs and Border Protection 
        personnel stationed at ports of entry in the 
        identification of shipments of consumer product that 
        are in violation of section 17(a) of the Consumer 
        Product Safety Act (15 U.S.C. 2066(a)) or other import 
        provisions enforced by the Commission under this Act or 
        any other provision of law.
            (3) The number of full-time equivalent personnel 
        employed by the Commission that should be stationed at 
        the National Targeting Center (or its equivalent) of 
        U.S. Customs and Border Protection, including--
                    (A) the extent and nature of cooperation 
                between Commission and U.S. Customs and Border 
                Protection personnel stationed at the National 
                Targeting Center (or its equivalent), as well 
                as at United States ports of entry;
                    (B) the responsibilities of Commission 
                personnel assigned to the National Targeting 
                Center (or its equivalent) under subsection 
                (b)(3); and
                    (C) whether the information available at 
                the National Targeting Center (or its 
                equivalent) would be useful to the Commission 
                or U.S. Customs and Border Protection in 
                identifying the consumer products described in 
                subsection (a).
            (4) The development of rule sets for the Automated 
        Targeting System and expedited access for the 
        Commission to the Automated Targeting System.
            (5) The information and resources necessary for the 
        development, updating, and effective implementation of 
        the risk assessment methodology required in subsection 
        (a).
    (d) Report to Congress.--Not later than 180 days after 
completion of the risk assessment methodology required under 
this section, the Commission shall submit a report to the 
appropriate Congressional committees concerning, at a minimum, 
the following:
            (1) The Commission's plan for implementing the risk 
        assessment methodology required under this section.
            (2) The changes made or necessary to be made to the 
        Commission's memorandum of understanding with U.S. 
        Customs and Border Protection.
            (3) The status of--
                    (A) the development of the Automated 
                Targeting System rule set required under 
                subsection (c)(4) of this section;
                    (B) the Commission's access to the 
                Automated Targeting System; and
                    (C) the effectiveness of the International 
                Trade Data System in enhancing cooperation 
                between the Commission and U.S. Customs and 
                Border Protection for the purpose of 
                identifying shipments of consumer products in 
                violation of section 17(a) of the Consumer 
                Product Safety Act (15 U.S.C. 2066(a)) or other 
                import provisions enforced by the Commission;
            (4) Whether the Commission requires additional 
        statutory authority under the Consumer Product Safety 
        Act, the Federal Hazardous Substances Act, the 
        Flammable Fabrics Act, or the Poison Prevention 
        Packaging Act of 1970 in order to implement the risk 
        assessment methodology required under this section.
            (5) The level of appropriations necessary to 
        implement the risk assessment methodology required 
        under this section.

SEC. 223. SUBSTANTIAL PRODUCT HAZARD LIST AND DESTRUCTION OF 
                    NONCOMPLIANT IMPORTED PRODUCTS.

    (a) Identification of Substantial Hazards.--Section 15 (15 
U.S.C. 2064), as amended by section 214, is amended by adding 
at the end thereof the following:
    ``(j) Substantial Product Hazard List.--
            ``(1) In general.--The Commission may specify, by 
        rule, for any consumer product or class of consumer 
        products, characteristics whose existence or absence 
        shall be deemed a substantial product hazard under 
        subsection (a)(2), if the Commission determines that--
                    ``(A) such characteristics are readily 
                observable and have been addressed by voluntary 
                standards; and
                    ``(B) such standards have been effective in 
                reducing the risk of injury from consumer 
                products and that there is substantial 
                compliance with such standards.
            ``(2) Judicial review.--Not later than 60 days 
        after promulgation of a rule under paragraph (1), any 
        person adversely affected by such rule may file a 
        petition for review under the procedures set forth in 
        section 11 of this Act.''.
    (b) Destruction of Noncompliant Imported Products.--Section 
17(e) (15 U.S.C. 2066(e)) is amended to read as follows:
    ``(e) Products refused admission into the customs territory 
of the United States shall be destroyed unless, upon 
application by the owner, consignee, or importer of record, the 
Secretary of the Treasury permits the export of the product in 
lieu of destruction. If the owner, consignee, or importer of 
record does not export the product within 90 days of approval 
to export, such product shall be destroyed.''.
    (c) Inspection and Recordkeeping Requirement.--The Act is 
further amended--
            (1) by amending section 17(g) (15 U.S.C. 2066(g)) 
        to read as follows:
    ``(g) Manufacturers of imported products shall be in 
compliance with all inspection and recordkeeping requirements 
under section 16 applicable to such products, and the 
Commission shall advise the Secretary of the Treasury of any 
manufacturer who is not in compliance with all inspection and 
recordkeeping requirements under section 16.''; and
            (2) by adding at the end of section 16 (15 U.S.C. 
        2065) the following:
    ``(d) The Commission shall, by rule, condition the 
manufacturing for sale, offering for sale, distribution in 
commerce, or importation into the United States of any consumer 
product or other product on the manufacturer's compliance with 
the inspection and recordkeeping requirements of this Act and 
the Commission's rules with respect to such requirements.''.

SEC. 224. FINANCIAL RESPONSIBILITY.

    (a) In General.--The Act (15 U.S.C. 2051 et seq.), as 
amended by section 219, is further amended by adding at the end 
the following:

``SEC. 41. FINANCIAL RESPONSIBILITY.

    ``(a) Identification and Determination of Bond.--The 
Commission, in consultation with U.S. Customs and Border 
Protection and other relevant Federal agencies, shall identify 
any consumer product, or other product or substance that is 
regulated under this Act or any other Act enforced by the 
Commission, for which the cost of destruction would normally 
exceed bond amounts determined under sections 623 and 624 of 
the Tariff Act of 1930 (19 U.S.C. 1623, 1624) and shall 
recommend to U.S. Customs and Border Protection a bond amount 
sufficient to cover the cost of destruction of such products or 
substances.
    ``(b) Study of Requiring Escrow for Recalls and Destruction 
of Products.--
            ``(1) Study.--The Comptroller General shall conduct 
        a study to determine the feasibility of requiring--
                    ``(A) the posting of an escrow, proof of 
                insurance, or security sufficient in amount to 
                cover the cost of destruction of a 
                domestically-produced product or substance 
                regulated under this Act or any other Act 
                enforced by the Commission; and
                    ``(B) the posting of an escrow, proof of 
                insurance, or security sufficient in amount to 
                cover the cost of an effective recall of a 
                product or substance, domestic or imported, 
                regulated under this Act or any other Act 
                enforced by the Commission.
            ``(2) Report.--Not later than 180 days after the 
        date of enactment of the Consumer Product Safety 
        Improvement Act of 2008, the Comptroller General shall 
        transmit to the appropriate Congressional committees a 
        report on the conclusions of the study required under 
        paragraph (1), including an assessment of whether such 
        an escrow requirement could be implemented and any 
        recommendations for such implementation.''.
    (b) Conforming Amendments.--The table of contents in 
section 1 (15 U.S.C. 2051 note), as amended by section 219, is 
amended by adding at the end the following:

``Sec. 41. Financial responsibility.''.

SEC. 225. STUDY AND REPORT ON EFFECTIVENESS OF AUTHORITIES RELATING TO 
                    SAFETY OF IMPORTED CONSUMER PRODUCTS.

    Not later than 1 year after the date of enactment of this 
Act, the Comptroller General of the United States shall--
            (1) conduct a study of the authorities and 
        provisions of the Consumer Product Safety Act (15 
        U.S.C. 2051 et seq.) to assess the effectiveness of 
        such authorities and provisions in preventing unsafe 
        consumer products from entering the customs territory 
        of the United States;
            (2) review and provide recommendations with respect 
        to plans to prevent unsafe consumer products from 
        entering the customs territory of the United States; 
        and
            (3) submit to the appropriate Congressional 
        committees a report on the findings of the Comptroller 
        General with respect to paragraphs (1) and
          (2), including legislative recommendations related 
        to, at a minimum--
                    (A) inspection of foreign manufacturing 
                plants by the Commission; and
                    (B) requiring foreign manufacturers to 
                consent to the jurisdiction of United States 
                courts with respect to enforcement actions by 
                the Commission.

     Subtitle D--Miscellaneous Provisions and Conforming Amendments

SEC. 231. PREEMPTION.

    (a) Rule With Regard to Preemption.--The provisions of 
sections 25 and 26 of the Consumer Product Safety Act (15 
U.S.C. 2074 and 2075, respectively), section 18 of the Federal 
Hazardous Substances Act (15 U.S.C. 1261 note), section 16 of 
the Flammable Fabrics Act (15 U.S.C. 1203), and section 7 of 
the Poison Packaging Prevention Act of 1970 (15 U.S.C. 1476) 
establishing the extent to which those Acts preempt, limit, or 
otherwise affect any other Federal, State, or local law, any 
rule, procedure, or regulation, or any cause of action under 
State or local law may not be expanded or contracted in scope, 
or limited, modified or extended in application, by any rule or 
regulation thereunder, or by reference in any preamble, 
statement of policy, executive branch statements, or other 
matter associated with the publication of any such rule or 
regulation. In accordance with the provisions of those Acts, 
the Commission may not construe any such Act as preempting any 
cause of action under State or local common law or State 
statutory law regarding damage claims.
    (b) Preservation of Certain State Law.--Nothing in this Act 
or the Federal Hazardous Substances Act shall be construed to 
preempt or otherwise affect any warning requirement relating to 
consumer products or substances that is established pursuant to 
State law that was in effect on August 31, 2003.

SEC. 232. ALL-TERRAIN VEHICLE STANDARD.

    (a) In General.--The Act (15 U.S.C. 2051 et seq.), as 
amended by section 224, is further amended by adding at the end 
thereof the following:

``SEC. 42. ALL-TERRAIN VEHICLES.

    ``(a) In General.--
            ``(1) Mandatory standard.--Notwithstanding any 
        other provision of law, within 90 days after the date 
        of enactment of the Consumer Product Safety Improvement 
        Act of 2008, the Commission shall publish in the 
        Federal Register as a mandatory consumer product safety 
        standard the American National Standard for Four Wheel 
        All-Terrain Vehicles Equipment Configuration, and 
        Performance Requirements developed by the Specialty 
        Vehicle Institute of America (American National 
        Standard ANSI/SVIA-1-2007). The standard shall take 
        effect 150 days after it is published.
            ``(2) Compliance with standard.--After the standard 
        takes effect, it shall be unlawful for any manufacturer 
        or distributor to import into or distribute in commerce 
        in the United States any new assembled or unassembled 
        all-terrain vehicle unless--
                    ``(A) the all-terrain vehicle complies with 
                each applicable provision of the standard;
                    ``(B) the ATV is subject to an ATV action 
                plan filed with the Commission before the date 
                of enactment of the Act, or subsequently filed 
                with and approved by the Commission, and bears 
                a label certifying such compliance and 
                identifying the manufacturer, importer or 
                private labeler and the ATV action plan to 
                which it is subject; and
                    ``(C) the manufacturer or distributor is in 
                compliance with all provisions of the 
                applicable ATV action plan.
            ``(3) Violation.--The failure to comply with any 
        requirement of paragraph (2) shall be deemed to be a 
        failure to comply with a consumer product safety 
        standard under this Act and subject to all of the 
        penalties and remedies available under this Act.
            ``(4) Compliant models with additional features.--
        Paragraph (2) shall not be construed to prohibit the 
        distribution in commerce of new all-terrain vehicles 
        that comply with the requirements of that paragraph but 
        also incorporate characteristics or components that are 
        not covered by those requirements. Any such 
        characteristics or components shall be subject to the 
        requirements of section 15 of this Act.
    ``(b) Modification of Standard.--
            ``(1) ANSI revisions.--If the American National 
        Standard ANSI/SVIA-1-2007 is revised through the 
        applicable consensus standards development process 
        after the date on which the product safety standard for 
        all-terrain vehicles is published in the Federal 
        Register, the American National Standards Institute 
        shall notify the Commission of the revision.
            ``(2) Commission action.--Within 120 days after it 
        receives notice of such a revision by the American 
        National Standards Institute, the Commission shall 
        issue a notice of proposed rulemaking in accordance 
        with section 553 of title 5, United States Code, to 
        amend the product safety standard for all-terrain 
        vehicles to include any such revision that the 
        Commission determines is reasonably related to the safe 
        performance of all-terrain vehicles, and notify the 
        Institute of any provision it has determined not to be 
        so related. The Commission shall promulgate an 
        amendment to the standard for all-terrain vehicles 
        within 180 days after the date on which the notice of 
        proposed rulemaking for the amendment is published in 
        the Federal Register.
            ``(3) Unreasonable risk of injury.--Notwithstanding 
        any other provision of this Act, the Commission may, 
        pursuant to sections 7 and 9 of this Act, amend the 
        product safety standard for all-terrain vehicles to 
        include any additional provision that the Commission 
        determines is reasonably necessary to reduce an 
        unreasonable risk of injury associated with the 
        performance of all-terrain vehicles.
            ``(4) Certain provisions not applicable.--Sections 
        7 and 9 of this Act shall not apply to promulgation of 
        any amendment of the product safety standard under 
        paragraph (2). Judicial review of any amendment of the 
        standard under paragraph (2) shall be in accordance 
        with chapter 7 of title 5, United States Code.
    ``(c) Requirements for 3-Wheeled All-Terrain Vehicles.--
Until a mandatory consumer product safety standard applicable 
to 3-wheeled all-terrain vehicles promulgated pursuant to this 
Act is in effect, new 3-wheeled all-terrain vehicles may not be 
imported into or distributed in commerce in the United States. 
Any violation of this subsection shall be considered to be a 
violation of section 19(a)(1) of this Act and may also be 
enforced under section 17 of this Act.
    ``(d) Further Proceedings.--
            ``(1) Deadline.--The Commission shall issue a final 
        rule in its proceeding entitled `Standards for All 
        Terrain Vehicles and Ban of Three-wheeled All Terrain 
        Vehicles'.
            ``(2) Categories of youth atvs.--In the final rule, 
        the Commission, in consultation with the National 
        Highway Traffic Safety Administration, may provide for 
        a multiple factor method of categorization that, at a 
        minimum, takes into account--
                    ``(A) the weight of the ATV;
                    ``(B) the maximum speed of the ATV;
                    ``(C) the velocity at which an ATV of a 
                given weight is traveling at the maximum speed 
                of the ATV;
                    ``(D) the age of children for whose 
                operation the ATV is designed or who may 
                reasonably be expected to operate the ATV; and
                    ``(E) the average weight of children for 
                whose operation the ATV is designed or who may 
                reasonably be expected to operate the ATV.
            ``(3) Additional safety standards.--In the final 
        rule, the Commission, in consultation with the National 
        Highway Traffic Safety Administration, shall review the 
        standard published under subsection (a)(1) and 
        establish additional safety standards for all-terrain 
        vehicles to the extent necessary to protect the public 
        health and safety. As part of its review, the 
        Commission shall consider, at a minimum, establishing 
        or strengthening standards on--
                    ``(A) suspension;
                    ``(B) brake performance;
                    ``(C) speed governors;
                    ``(D) warning labels;
                    ``(E) marketing; and
                    ``(F) dynamic stability.
    ``(e) Definitions.--In this section:
            ``(1) All-terrain vehicle or atv.--The term `all-
        terrain vehicle' or `ATV' means--
                    ``(A) any motorized, off-highway vehicle 
                designed to travel on 3 or 4 wheels, having a 
                seat designed to be straddled by the operator 
                and handlebars for steering control; but
                    ``(B) does not include a prototype of a 
                motorized, off-highway, all-terrain vehicle or 
                other motorized, off-highway, all-terrain 
                vehicle that is intended exclusively for 
                research and development purposes unless the 
                vehicle is offered for sale.
            ``(2) ATV action plan.--The term `ATV action plan' 
        means a written plan or letter of undertaking that 
        describes actions the manufacturer or distributor 
        agrees to take to promote ATV safety, including rider 
        training, dissemination of safety information, age 
        recommendations, other policies governing marketing and 
        sale of the ATVs, the monitoring of such sales, and 
        other safety related measures, and that is 
        substantially similar to the plans described under the 
        heading `The Undertakings of the Companies in the 
        Commission Notice' published in the Federal Register on 
        September 9, 1998 (63 FR 48199-48204).''.
    (b) GAO Study.--The Comptroller General shall conduct a 
study of the utility, recreational, and other benefits of all-
terrain vehicles to which section 42 of the Consumer Product 
Safety Act (15 U.S.C. 2085) applies, and the costs associated 
with all-terrain vehicle-related accidents and injuries.
    (c) Conforming Amendment.--The table of contents of this 
Act is further amended by inserting after the item relating to 
section 42 the following:

``Sec. 42. All-terrain vehicles.''.

SEC. 233. COST-BENEFIT ANALYSIS UNDER THE POISON PREVENTION PACKAGING 
                    ACT OF 1970.

     Section 3 of the Poison Prevention Packaging Act of 1970 
(15 U.S.C. 1472) is amended by adding at the end thereof the 
following:
    ``(e) Nothing in this Act shall be construed to require the 
Consumer Product Safety Commission, in establishing a standard 
under this section, to prepare a comparison of the costs that 
would be incurred in complying with such standard with the 
benefits of such standard.''.

SEC. 234. STUDY ON USE OF FORMALDEHYDE IN MANUFACTURING OF TEXTILE AND 
                    APPAREL ARTICLES.

     Not later than 2 years after the date of enactment of this 
Act, the Comptroller General, in consultation with the 
Commission, shall conduct a study on the use of formaldehyde in 
the manufacture of textile and apparel articles, or in any 
component of such articles, to identify any risks to consumers 
caused by the use of formaldehyde in the manufacturing of such 
articles, or components of such articles.

SEC. 235. TECHNICAL AND CONFORMING CHANGES.

    (a) Definitions.--Section 3(a) (15 U.S.C. 2052) is amended 
by adding at the end the following:
            ``(15) Appropriate congressional committees.--The 
        term `appropriate Congressional committees' means the 
        Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Commerce, Science, 
        and Transportation of the Senate.
            ``(16) Children's product.--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 consumer 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, promotion, 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 a child 12 years of age or younger.
                    ``(D) The Age Determination Guidelines 
                issued by the Commission staff in September 
                2002, and any successor to such guidelines.
            ``(17) Third-party logistics provider.--The term 
        `third-party logistics provider' means a person who 
        solely receives, holds, or otherwise transports a 
        consumer product in the ordinary course of business but 
        who does not take title to the product.''.
    (b) Miscellaneous.--Section 3 (15 U.S.C. 2052) is amended--
            (1) by striking ``(a) for purposes of this Act:'' 
        and inserting ``(a) In General.--In this Act:'';
            (2) by indenting each paragraph and subparagraph of 
        subsection (a) 2 em spaces;
            (3) by inserting a heading, in a form consistent 
        with the form of the heading of this subsection 
        consisting of the term defined by such paragraph, after 
        the designation of each paragraph of subsection (a);
            (4) by reordering such paragraphs and the 
        additional paragraphs added by paragraph (1) of this 
        subsection in alphabetical order based on the headings 
        of such paragraphs and renumbering such paragraphs as 
        so reordered; and
            (5) by inserting ``common carriers, contract 
        carriers, and freight forwarders'' after ``(b)'' in 
        subsection (b).
    (c) Conforming Amendments.--
            (1) Section 3(b) (15 U.S.C. 2052(b) is amended by 
        inserting ``third-party logistics provider,'' after 
        ``contract carrier,''.
            (2) Section 6(e)(4) (15 U.S.C. 2055(e)(4)) is 
        amended by striking ``the Committee on Commerce, 
        Science, and Transportation of the Senate or the 
        Committee on Energy and Commerce of the House of 
        Representatives or any subcommittee of such 
        committee,'' and insert ``either of the appropriate 
        Congressional committees or any subcommittee 
        thereof,''.
            (3) Sections 9(a), 9(c), and 35(c)(2)(D)(iii) (15 
        U.S.C. 2058(a), (c), and 2082(c)(2)(D)(iii), and 
        2082(e)(1), respectively) are each amended by striking 
        ``the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Energy and Commerce of the House of Representatives'' 
        each place it appears and inserting ``the appropriate 
        Congressional committees''.
            (4) Section 32(b)(1) (15 U.S.C. 2050(b)(1)) is 
        amended by striking ``the Committee on Energy and 
        Commerce of the House of Representatives, and by the 
        Committee on Commerce, Science, and Transportation of 
        the Senate.'' and inserting ``the appropriate 
        Congressional committees.''.
            (5) Section 35(e)(1) (15 U.S.C. 2082(e)(1)) is 
        amended by striking ``the Committee on Commerce, 
        Science, and Transportation of the Senate and to the 
        Committee on Energy and Commerce of the House of 
        Representatives'' and insert ``the appropriate 
        Congressional committees''.
            (6) Sections 17(h)(3), 28(j)(10)(F), and 28(k)(1) 
        and (2) (15 U.S.C. 2066(h)(3), 2077(j)(10)(F), and 
        2077(k)(1) and (2), respectively) are each amended by 
        striking ``the Congress'' and inserting ``the 
        appropriate Congressional committees''.
            (7) Section 29(e) (15 U.S.C. 2078(e)) is amended by 
        striking ``The Commission'' and inserting 
        ``Notwithstanding section 6(a)(3), the Commission''.

SEC. 236. EXPEDITED JUDICIAL REVIEW.

    (a) In General.--Section 11 (15 U.S.C. 2060) is amended by 
adding at the end thereof the following:
    ``(g) Expedited Judicial Review.--
            ``(1) Application.--This subsection applies, in 
        lieu of the preceding subsections of this section, to 
        judicial review of--
                    ``(A) any consumer product safety rule 
                promulgated by the Commission pursuant to 
                section 15(j) (relating to identification of 
                substantial hazards);
                    ``(B) any consumer product safety standard 
                promulgated by the Commission pursuant to 
                section 42 (relating to all-terrain vehicles);
                    ``(C) any standard promulgated by the 
                Commission under section 104 of the Consumer 
                Product Safety Improvement Act of 2008 
                (relating to durable infant and toddler 
                products); and
                    ``(D) any consumer product safety standard 
                promulgated by the Commission under section 106 
                of the Consumer Product Safety Improvement Act 
                of 2008 (relating to mandatory toy safety 
                standards).
            ``(2) In general.--Not later than 60 days after the 
        promulgation, by the Commission, of a rule or standard 
        to which this subsection applies, any person adversely 
        affected by such rule or standard may file a petition 
        with the United States Court of Appeals for the 
        District of Columbia Circuit for judicial review of 
        such rule. Copies of the petition shall be forthwith 
        transmitted by the clerk of the court to the Commission 
        or other officer designated by it for that purpose and 
        to the Attorney General. The record of the proceedings 
        on which the Commission based its rule shall be filed 
        in the court as provided for in section 2112 of title 
        28, United States Code.
            ``(3) Review.--Upon the filing of the petition 
        under paragraph (2) of this subsection, the court shall 
        have jurisdiction to review the rule in accordance with 
        chapter 7 of title 5, United States Code, and to grant 
        appropriate relief, including interim relief, as 
        provided in such chapter.
            ``(4) Conclusiveness of judgment.--The judgment of 
        the court affirming or setting aside, in whole or in 
        part, any final rule under this section shall be final, 
        subject to review by the Supreme Court of the United 
        States upon certiorari or certification, as provided in 
        section 1254 of title 28, United States Code.
            ``(5) Further review.--A rule or standard with 
        respect to which this subsection applies shall not be 
        subject to judicial review in proceedings under section 
        17 (relating to imported products) or in civil or 
        criminal proceedings for enforcement.''.
    (b) Pending Actions Unaffected.--The amendment made by 
subsection (a) shall not apply to any petition filed before the 
date of enactment of this Act for judicial review of any action 
by the Consumer Product Safety Commission.

SEC. 237. REPEAL.

    Section 30 (15 U.S.C. 2079) is amended by striking 
subsection (d).

SEC. 238. POOL AND SPA SAFETY ACT TECHNICAL AMENDMENTS.

    Title XIV of the Energy Independence and Security Act of 
2007 (Public Law 110-140) is amended--
            (1) in section 1403 by adding at the end the 
        following:
            ``(8) State.--The term `State' has the meaning 
        given such term in section 3(10) of the Consumer 
        Product Safety Act (15 U.S.C. 2052(10)), and includes 
        the Northern Mariana Islands.''.
            (2) in section 1404 by adding at the end of 
        subsection (b) the following: ``If a successor standard 
        is proposed, the American Society of Mechanical 
        Engineers shall notify the Commission of the proposed 
        revision. If the Commission determines that the 
        proposed revision is in the public interest, it shall 
        incorporate the revision into the standard after 
        providing 30 days notice to the public.''; and
            (3) by adding at the end the following:

``SEC. 1409. APPLICABILITY.

    ``This Act is applicable to the United States and its 
territories, including American Samoa, the Commonwealth of 
Puerto Rico, Guam, the Commonwealth of the Northern Mariana 
Islands, and the United States Virgin Islands.''.

SEC. 239. EFFECTIVE DATES AND SEVERABILITY.

    (a) Effective Dates.--
            (1) In general.--Except as otherwise specifically 
        provided in this Act, this Act and the amendments made 
        by this Act shall take effect on the date of enactment 
        of this Act.
            (2) Certain delayed effective dates.--The 
        amendments made by sections 103(c) and 214(a)(2) shall 
        take effect on the date that is 60 days after the date 
        of enactment of this Act. Subsection (c) of section 42 
        of the Consumer Product Safety Act, as added by section 
        232 of this Act, and the amendments made by sections 
        216 and 223(b) shall take effect on the date that is 30 
        days after the date of enactment of this Act.
    (b) Severability.--If any provision of this Act or the 
amendments made by this Act, or the application of such 
provision to any person or circumstance, is held invalid, the 
remainder of this Act and the amendments made by this Act, and 
the application of such provision to other persons not 
similarly situated or to other circumstances, shall not be 
affected by such invalidation.
      And the Senate agree to the same.

                                   John D. Dingell,
                                   Henry A. Waxman,
                                   Bobby L. Rush,
                                   Diana DeGette,
                                   Jan Schakowsky,
                                   Joe Barton,
                                   Ed Whitfield,
                                   Cliff Stearns,
                                 Managers on the Part of the House.

                                   Daniel K. Inouye,
                                   Barbara Boxer,
                                   Mark Pryor,
                                   Amy Klobuchar,
                                   Ted Stevens,
                                   Kay Bailey Hutchison,
                                   John E. Sununu,
                                Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

    The managers on the part of the House and Senate at the 
conference on the disagreeing votes of the two Houses on the 
amendment of the Senate to the bill H.R. 4040, to establish 
consumer product safety standards and other safety requirements 
for children's products and to reauthorize and modernize the 
Consumer Product Safety Commission, submit the following joint 
statement to the House and the Senate in explanation of the 
effect of the action agreed upon by the managers and 
recommended in the accompanying report:
      The Senate amendment struck all of the House bill after 
the enacting clause and inserted a substitute text.
      The House recedes from its disagreement to the amendment 
of the Senate with an amendment that is a substitute for the 
House bill and the Senate amendment. The differences between 
the House bill, the Senate amendment, and the substitute agreed 
to in conference are noted below, except for clerical 
corrections, conforming changes made necessary by agreements 
reached by the conferees, and minor drafting and clarifying 
changes.

                             1. SHORT TITLE

House bill
    Section 1: ``Consumer Product Safety Modernization Act''.
Senate amendment
    Section 1: ``CPSC Reform Act''.
Conference substitute
    Section 1: ``Consumer Product Safety Improvement Act of 
2008''.

                             2. REFERENCES

House bill
    Section 2: Defines ``Commission'' as meaning the Consumer 
Product Safety Commission (Commission), provides that 
amendments in the Act are to the Consumer Product Safety Act 
(CPSA) except as otherwise provided, and defines ``rule'' as 
meaning a rule, standard, ban, or order under any Act enforced 
by the Commission.
Senate amendment
    Section 2: Provides that amendments in the Act are to the 
CPSA except as otherwise provided.
Conference substitute
    Section 2: Adds definition of ``appropriate Congressional 
committees'' as meaning the House of Representatives Committee 
on Energy and Commerce and the Senate Committee on Commerce, 
Science, and Transportation. Deletes definition of ``rule''.

              3. AUTHORITY TO USE IMPLEMENTING REGULATIONS

House bill
    Section 3: Authorizes Commission to issue implementing 
regulations for the Act and amendments made by the Act.
Senate amendment
    No provision.
Conference substitute
    Section 3: House provision.

          4. PRODUCT SAFETY IMPROVEMENTS AND COMMISSION REFORM

                   TITLE I--CHILDREN'S PRODUCT SAFETY

Section 101. Children's Products Containing Lead; Lead Paint Rule
    The Conferees agreed to modified language that is similar 
to the provisions in the House bill and the Senate amendment. 
The Conference Report ultimately requires that the Commission 
lower the permissible lead level in children's products to the 
lowest amount that is technologically feasible. This section 
provides a definition of technologically feasible, and includes 
a provision identifying alternative practices, best practices, 
or other operational changes that would allow a manufacturer to 
comply with the lead limit. The intent of this alternative and 
best practices provision is to require manufacturers to use 
better methods of producing a product that can be achieved 
without the need for major technological advances, such as 
taking steps to better clean equipment or the factory, or to 
make changes in operation, maintenance, or other practices that 
can reduce or eliminate lead in the product. The Conference 
Report also establishes a more stringent lead paint limit.
    The Conferees acknowledge that several Federal agencies are 
charged with protecting children from lead. Historically, lead 
in public water systems has been governed by the Environmental 
Protection Agency under the Safe Drinking Water Act and its 
Lead and Copper Rule. The Conferees do not wish to alter that 
authority. A child may be exposed to lead through drinking 
fountains and faucets designed or intended primarily for use by 
children, such as for use in schools and daycare facilities. In 
any action under this Conference Report and the CPSA to address 
the specific issue of lead in drinking fountains and faucets 
that are designed or intended primarily for use by children, 
such as in schools and daycare facilities, the Conferees wish 
that both agencies work collaboratively to protect the health 
of our children from the dangers posed by lead exposure.
Section 102. Mandatory Third Party Testing for Certain Children's 
        Products
    The Conferees agreed to modified language that is similar 
to the provisions in the House bill and the Senate amendment, 
requiring third party testing of certain children's products. 
The Conferees intend that the accreditation structure for 
governmental participation will apply equally to all entities, 
be they domestic, non-domestic, joint ventures, or entities 
controlled in whole by a government. It is not the intention of 
the Conferees that the subsection restrict equal participation 
of entities which are not controlled in whole by a government.
Section 103. Tracking Labels for Children's Products
    The Conferees agreed to modified language that is similar 
to the provisions in the House bill and the Senate amendment. 
The Conference Report would require manufacturers of children's 
products to place distinguishing marks on a product and its 
packaging, to the extent practicable, that would enable the 
purchaser to ascertain the source, date, and cohort (including 
the batch, run number, or other identifying characteristic) of 
production of the product by reference to those marks. To the 
extent that small toys and other small products are 
manufactured and shipped without individual packaging, the 
Conferees recognize that it may not be practical for a label to 
be printed on each item. The packaging of the bulk shipment of 
those items, however, would be required to be labeled so that 
retailers and vendors would be able to easily identify products 
that are recalled.
Section 104. Standards and Consumer Registration of Durable Nursery 
        Products
    The Conferees agreed to modified language that is similar 
to the provisions in the House bill and the Senate amendment. 
The Conference Report requires the Commission to promulgate 
rules to ensure the highest level of safety for durable infant 
and toddler products. The Conference Report also establishes 
new requirements for registration forms for these products and 
requires the Commission to review and assess the effectiveness 
of alternative recall notification technologies.
Section 105. Labeling Requirement for Advertising Toys and Games
    The Conferees agreed to modified language that is similar 
to language in the House bill and the Senate amendment, 
requiring a cautionary statement to be displayed with certain 
advertisements.
Section 106. Mandatory Toy Safety Standards
    The Conferees agreed to modified language that would make 
the American Society for Testing and Materials (ASTM) 
International standard F963-07, as it exists on the date of 
enactment of this Conference Report (except for section 4.2 and 
Annex 4 or any provision that restates or incorporates an 
existing mandatory standard or ban promulgated by the 
Commission or by statute), an interim consumer product safety 
standard pending evaluation by the Commission. The Commission 
shall establish the mandatory standards by rule after the 
relevant components of the rule are evaluated.
    In conducting the evaluation required under this section, 
the Conferees direct the Commission to conduct a study of 
injuries and deaths related to toy guns and current safety 
standards applicable to toy guns, and consider the adoption of 
a consumer product safety rule providing for more distinctive 
marking of toy guns to distinguish them from actual firearms.
    The Conference Report requires the Commission to promulgate 
rules to ensure the highest level of safety for toys. The 
Conferees direct the Commission to designate as quickly as 
possible the form and manner for States to notify the 
Commission of any existing State laws or regulations relating 
to safety requirements for toys.
Section 107. Study of Preventable Injuries and Deaths in Minority 
        Children Related to Consumer Products
    The Conferees agreed to modified language that is similar 
to provisions in the House bill and the Senate amendment. The 
Conference Report requires the Government Accountability Office 
(GAO) to assess and report on the racial disparities of the 
rates of preventable injuries and deaths related to 
suffocation, poisonings, and drowning among children.
Section 108. Prohibition on Sale of Certain Products Containing 
        Specified Phthalates
    The Conferees agreed to a modified version of the Senate 
amendment's prohibition on specific phthalates in certain 
children's products.

          TITLE II--CONSUMER PRODUCT SAFETY COMMISSION REFORM

                SUBTITLE A--ADMINISTRATIVE IMPROVEMENTS

Section 201. Reauthorization of the Commission
    The Conferees agreed to modified language that would 
reauthorize the Commission for five years beginning in fiscal 
year 2010 and provided a specific travel allowance for the 
Commission.
    The Conferees recognize nanotechnology as a new technology 
utilized in the manufacture of consumer products and its nature 
as an emerging technology. The Conferees expect the Commission 
to review such utilization and the safety of its application in 
consumer products consistent with the Commission's mission.
    As part of the general authorizations for fiscal years 2010 
through 2014, the Conferees authorized $25,000,000 to establish 
and maintain the database required by section 212 of the 
Conference Report and to upgrade and integrate the Commission's 
information technology systems.
Section 202. Full Commission Requirement; Interim Quorum; Personnel
    The Conferees agreed to modified language that is similar 
to provisions in the House bill and the Senate amendment. The 
Conference Report reinstates a five-member Commission after one 
year, and establishes a two-member quorum for one year after 
the date of enactment.
Section 203. Submission of Copy of Certain Documents to Congress
    The Conferees agreed to the identical provisions in the 
House bill and the Senate amendment.
Section 204. Expedited Rulemaking
    The Conferees agreed to modified language that is similar 
to provisions in the House bill and the Senate amendment. The 
Conference Report provides the Commission the authority to 
forgo an Advanced Notice of Proposed Rulemaking.
Section 205. Inspector General Audits and Reports
    The Conferees agreed to modified language that is similar 
to provisions in the House bill and the Senate amendment. The 
Conference Report instructs the Inspector General of the 
Commission to conduct reviews and audits to assess the 
Commission's capital improvement efforts and the adequacy of 
procedures for accrediting conformity assessment bodies as 
required by this Conference Report. The Conference Report also 
requires that the Commission establish and maintain on the 
homepage of its Internet website a direct link to the Internet 
webpage of the Commission's Office of Inspector General.
    The Conferees direct the Commission to take steps to inform 
all employees that they are free to make anonymous complaints 
through the Inspector General's webpage about waste, fraud and 
mismanagement within the Commission. The Inspector General 
should investigate any complaints about the failure of 
Commission employees to enforce in good faith the rules and 
regulations of the CPSA or any other Act enforced by the 
Commission or otherwise carry out their responsibilities under 
such Acts, including efforts to alter or suppress relevant 
data, subvert enforcement measures, and succumb to undue 
influence.
Section 206. Industry-Sponsored Travel Ban
    The House bill and the Senate amendment contained similar 
provisions. The Senate receded to the House bill with minor 
modifications.
Section 207. Sharing of Information with Federal, State, Local and 
        Foreign Government Agencies
    The Conferees agreed to modified language that is nearly 
identical to the provisions in the House bill and the Senate 
amendment.
Section 208. Employee Training Exchanges
    The Conferees agreed to language that provides the 
Commission the authority to retain or employ officers or 
employees of foreign government agencies on a temporary basis 
or to detail employees of the Commission to work on a temporary 
basis for appropriate foreign government agencies.
Section 209. Annual Reporting Requirement
    The Conferees agreed to modified language that is nearly 
identical to the provisions in the House bill and the Senate 
amendment.

               SUBTITLE B--ENHANCED ENFORCEMENT AUTHORITY

Section 211. Public Disclosure of Information
    The House receded to the Senate amendment, which included 
language that would modify sections 6(a) and 6(b) of the CPSA. 
The Conference Report includes amendments to the CPSA allowing 
the Commission, when a manufacturer goes to court under section 
6(b)(3) attempting to stop the release of information, to file 
a request with the Federal District Court for expedited 
consideration of the matter. While the Conferees expect quick 
action on these matters to protect public health and safety, 
they recognize that the prosecution of other matters before the 
court, such as Class A and Class B felonies, is also extremely 
important to the public welfare. It is the Conferees' view that 
the expedited consideration of section 6(b)(3) cases should not 
delay action on these other important issues.
Section 212. Establishment of a Public Consumer Product Safety Database
    The Conferees agreed to modified language that requires the 
Commission to establish a publicly available searchable 
database on the safety of consumer products and other products 
or substances regulated by the Commission within two years of 
the date of enactment. The Conferees intend that the Commission 
prevent duplicative reports from being added to the publicly 
available database. If multiple reports that describe the same 
incident are submitted to the database, the Commission should, 
to the extent practicable, remove unnecessary reports and 
preserve the most relevant report in the database. However, the 
Conferees recognize that it is possible that multiple reports 
regarding the same incident could provide different relevant 
details and that information from those reports could be 
helpful to the public and should, therefore, remain in the 
database. The Conferees also direct the GAO to study the 
general utility of the database and provide recommendations for 
measures to increase use of the database.
Section 213. Prohibition on Stockpiling Under Other Commission-Enforced 
        Statutes
    The Conferees agreed to the identical provisions in the 
House bill and the Senate amendment.
Section 214. Enhanced Recall Authority and Corrective Action Plans
    The Conference Report amends the notification requirements 
under section 15(b) of the CPSA to promote the timely, 
accurate, and complete disclosure to the Commission of 
information that is necessary to protect public health and 
safety. The Conferees recognize that innovation in the design 
of consumer products has led to the development of products 
that can be used in both motor vehicles and the home. For 
example, some children's car safety seats can be used in a car 
but also in a frame so that they can be used as strollers or in 
the home. The Conferees do not intend in the parenthetical 
language used in section 15(b) to exempt those products from 
the reporting requirements to the extent that they have defects 
arising from uses outside a motor vehicle.
    To the list of reports required from manufacturers, 
retailers, and distributors, this section adds the broad 
requirement to report information that a product fails to 
comply with any other rule, standard, ban, or order under this 
Act, or any other Act enforced by the Commission. It also adds 
a sentence indicating that a report under this new paragraph 
may not be used as the basis for criminal prosecution of the 
reporting person under section 5 of the Federal Hazardous 
Substances Act (FHSA), except for offenses which require a 
showing of intent to defraud or mislead. With consideration of 
the increased criminal penalties in the Conference Report, the 
Conferees took this narrow, limited action in order to avoid an 
unjust result under a possible construction of section 5 that 
provides for strict liability for criminal enforcement without 
regard to any applicable requirement of knowledge, intent, or 
willfulness in such situations. The Conferees do not intend for 
the limited use immunity provided by this section to be used to 
shelter bad actors from the consequences of their acts but 
rather to ensure that there are no unintended impediments to 
the flow of information to the Commission.
    The Conferees also agreed to modified language that is 
similar to provisions in the House bill and the Senate 
amendment. The Conference Report provides the Commission 
greater recall authority and creates requirements for recall 
notices in order to better inform the public of potential 
product harms.
Section 215. Inspection of Firewalled Conformity Assessment Bodies; 
        Identification of Supply Chain
    The Senate receded to the House bill on language that 
provides authority to the Commission to inspect firewalled 
conformity assessment bodies certified as third party 
conformity assessment bodies. The Conferees also agreed to 
modified language that is similar to the House bill and the 
Senate amendment.
Section 216. Prohibited Acts
    The Conferees agreed to modified language that is similar 
to the provisions in the House bill and the Senate amendment, 
incorporating into the Prohibited Acts section of the CPSA 
violations created by this Conference Report. In amending 
section 19(a) of the CPSA, the restriction on exporting a 
consumer product subject to a voluntary corrective action is 
not meant to include products that have been reconditioned or 
repaired in accordance with the Commission-approved corrective 
action for such products that are compliant.
Section 217. Penalties
    The Conferees agreed to modified language that increases 
the civil penalty cap for each violation of a prohibited act 
under the CPSA, the FHSA, or the Flammable Fabrics Act (FFA) 
from $8,000 to $100,000, and the maximum civil penalty cap for 
a related series of violations under each Act from $1,825,000 
to $15,000,000. Within one year of the date of enactment of 
this Conference Report, the Commission is required to issue a 
final regulation providing its interpretation of factors to be 
taken into account by the Commission when determining the 
amount of any civil penalty.
    The Conferees agreed to language that is similar to 
provisions in the House bill and the Senate amendment, which 
would authorize the Commission to seek asset forfeiture as a 
penalty for a criminal violation of this Conference Report. The 
House receded to Senate language that would increase maximum 
criminal penalties and remove the knowledge of notice of 
noncompliance requirements for directors, officers, and agents 
under section 21(b) of the CPSA.
Section 218. Enforcement by State Attorneys General
    The Conferees agreed to modified language that is similar 
to the provisions in the House bill and the Senate amendment. 
The Conferees agreed to include amendments to the CPSA and the 
Poison Prevention Packaging Act (PPPA) to enhance the ability 
of the attorney general of a State, or other authorized State 
officer, alleging specified violations under those Acts that 
affect or may affect the State or its residents, to obtain 
appropriate injunctive relief. To ensure the efficient 
operation of enforcement efforts along with the consistent 
interpretation and application of Commission regulations, the 
Conferees expect cooperation and consultation to occur between 
the attorneys general and the Commission in the normal course 
of business in implementing and carrying out this authority.
    This section requires a State attorney general to notify 
the Commission prior to filing any action and provide the 
Commission a maximum of 30 days to respond to or assist with an 
action. The Conferees recognize that certain circumstances 
require immediate action to protect the public from a 
substantial product hazard. The Conferees have provided a 
limited exception that would allow the States to proceed upon 
notification to the Commission when a substantial product 
hazard may result from the use of a product. The Conferees 
believe current and future technologies, such as electronic 
mail and facsimile, should provide a State attorney general the 
ability to notify the Commission immediately prior to 
initiating such enforcement actions.
    With regard to the limitation in section 218(b)(5), the 
Conferees intend to preserve the injunctive authority of State 
attorneys general to remove dangerous products from the stream 
of commerce when the Commission is engaged in protracted 
litigation with defendants. The purpose of this limited 
exception is to facilitate efficient enforcement of section 19, 
not impede it. As such, the Conferees do not intend by the 
parenthetical language to allow unlimited lawsuits against the 
same defendant in various jurisdictions across the country. 
Multiple lawsuits involving the same facts and same defendants 
could delay the prosecution of injunction suits filed by the 
Commission adding pretrial procedural issues, such as 
consolidation or transfer. Moreover, the Conferees do not 
intend for such suits to interfere with the Commission's choice 
of venue.
Section 219. Whistleblower Protections
    The House receded to the Senate amendment with 
modifications. The Conference Report includes whistleblower 
protections for employees of manufacturers, private labelers, 
retailers, and distributors with respect to alleged violations 
of any CPSC-enforced product safety requirements.

             SUBTITLE C--SPECIFIC IMPORT-EXPORT PROVISIONS

Section 221. Export of Recalled and Non-conforming Products
    The Conferees agreed to modified language that is similar 
to provisions in the House bill and the Senate amendment.
Section 222. Import Safety Management and Interagency Cooperation
    The House receded to the Senate amendment with 
modifications. The Conferees agreed to language that would 
require the Commission, in consultation with the United States 
Customs and Border Protections (CBP), to develop a risk 
assessment methodology for the identification of shipments that 
are likely to include consumer products that violate section 
17(a) of the CPSA. The Conferees also agreed to require the 
Commission to utilize the International Trade Data System 
(ITDS) insofar as practicable (i.e., as soon as ITDS is 
operational) to evaluate and assess information about shipments 
of consumer products intended for import into the customs 
territory of the United States when developing the risk 
assessment methodology pursuant to this section. The Conference 
Report also requires the Commission to develop a plan for 
sharing information and enhancing coordination with CBP.
Section 223. Substantial Product Hazard List and Destruction of 
        Noncompliant Imported Products
    The House receded to the Senate amendment with 
modifications. The Conferees agreed to modified language that 
would authorize the Commission, by rule, to specify 
characteristics of a consumer product or class of consumer 
products whose existence or absence would be deemed to 
constitute a substantial product hazard. The Conferees also 
agreed that products refused admission into the customs 
territory of the United States would be required to be 
destroyed, unless the Secretary of the Treasury permits the 
export of the product in lieu of destruction. The Conferees 
agreed to amend the CPSA to condition the distribution of 
consumer goods in commerce upon manufacturers' compliance with 
Commission recordkeeping and inspection requirements.
Section 224. Financial Responsibility
    The House receded to the Senate amendment with 
modifications. The Conferees agreed to modified language 
regarding identification and determination of a bond amount 
sufficient to cover the cost of destruction of any consumer 
product or substance regulated under the CPSA or any other Act 
enforced by the Commission. The Conferees direct the GAO to 
conduct a study to determine the feasibility of requiring the 
posting of an escrow, proof of insurance, or security 
sufficient in amount to cover the cost of destruction of a 
domestically-produced product or substance regulated by any Act 
enforced by the Commission. The GAO is also directed to study 
the feasibility of posting an escrow, proof of insurance, or 
security sufficient in amount to cover the effective recall of 
a domestically-produced or imported product or substance 
regulated by any Act enforced by the Commission.
Section 225. Study and Report on Effectiveness of Authorities Relating 
        to Safety of Imported Consumer Products
    The House bill and the Senate amendment included language 
to assess the effectiveness of the Commission's authority in 
preventing unsafe products from entering the United States. The 
House receded to the Senate amendment with minor modifications.

     SUBTITLE D--MISCELLANEOUS PROVISIONS AND CONFORMING AMENDMENTS

Section 231. Preemption
    The Conferees agreed to language that combines provisions 
from the House bill and the Senate amendment with 
modifications. The Conference Report contains a provision 
reiterating the intentions of sections 25 and 26 of the CPSA, 
section 18 of the FHSA, section 16 of the FFA, and section 7 of 
the PPPA. The Conferees recognized that the Commission 
frequently explains the scope of Commission rules and standards 
and that this is appropriate in order to give guidance to the 
States and the State attorneys general. Furthermore, it is not 
the intention of the Conferees to supersede the otherwise 
lawful and appropriate preemption of State laws and 
regulations. As section 26(a) of the CPSA makes clear, 
``whenever a consumer product safety standard under this Act is 
in effect and applies to a risk of injury associated with a 
consumer product, no State or political subdivision of a State 
shall have any authority either to establish or to continue in 
effect any provision of a safety standard or regulation which 
prescribes any requirements as to the performance, composition, 
contents, design, finish, construction, packaging, or labeling 
of such product which are designed to deal with the same risk 
of injury associated with such consumer product, unless such 
requirements are identical to the requirements of the Federal 
standard.'' Given this language, States may not prescribe 
additional safety standards that go further than Commission 
regulations when it has been determined that State regulations 
are preempted, except as provided in sections 18(b)(2)-(4) of 
the FHSA, sections 26(b) and (c) of the CPSA, sections 16(b) 
and (c) of the FFA, and sections 7(b) and (c) of the PPPA of 
1970. The Conferees also agreed to the preservation of certain 
State laws.
    The Conferees included language intended to clarify that 
the requirements under the Conference Report and the FHSA shall 
not be construed to preempt or affect State warning 
requirements under State laws, such as California's Proposition 
65, that were enacted prior to August 31, 2003.
Section 232. All-Terrain Vehicles
    The House receded to the Senate amendment with 
modifications.
Section 233. Cost-Benefit Analysis Under the Poison Packaging 
        Prevention Act of 1970
    The House receded to the Senate amendment with a technical 
modification.
Section 234. Study on Use of Formaldehyde in Manufacturing of Textile 
        and Apparel Articles
    The House receded to the Senate amendment with a 
modification that the GAO shall conduct the study instead of 
the Commission.
Section 235. Technical and Conforming Changes
    The Conferees agreed to conforming changes throughout the 
CPSA.
    The Senate receded to the House bill and agreed to include 
the House position that a children's product means a consumer 
product designed or intended primarily for children 12 years of 
age or younger.
Section 236. Expedited Judicial Review
    The Conferees agreed to language that would streamline the 
judicial review of rules promulgated under certain Acts 
enforced by the Commission.
Section 237. Repeal
    The Conferees agreed to the identical provisions in the 
House bill and the Senate amendment to repeal section 30(d) of 
the CPSA.
Section 238. Pool and Spa Safety Act Technical Amendments
    The Conferees agreed to technical amendments to the 
Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. 8001 
et seq.).
Section 239. Effective Dates and Severability
    The Conferees agreed to language regarding the effective 
date of the Conference Report and the effective dates of the 
amendments to all the Acts under the Commission's jurisdiction 
as established by the Conference Report. The Conferees also 
agreed to language with regard to the severability of the 
Conference Report.

                           5. SPECIAL ISSUES

    The Senate amendment contained several single-product 
issues that Senate Members believed important for the 
Commission to address. The House bill contained no title 
relating to single-product issues because the House Members 
believed consumers were better served by keeping the House bill 
focused on the task of reforming the Commission. Many of these 
issues were raised by Members of the House Committee on Energy 
and Commerce in colloquies or discussions of amendments that 
were offered and withdrawn.
    While the Conference Report addresses certain single-
product issues, other single-product issues from the Senate 
amendment were not included. Nevertheless, the Conferees 
believe certain single-product issues require heightened 
regulatory scrutiny and greater attention.
    The Conferees believe the Commission must take additional 
action to reduce the number of preventable deaths and serious 
injuries resulting from accidental carbon monoxide poisoning. 
To that end, the Conferees direct the Commission to 
expeditiously issue a final rule in its proceeding entitled 
``Portable Generators'' for which the Commission issued an 
Advance Notice of Proposed Rulemaking on December 12, 2006 (71 
Fed. Reg. 74472). The Conferees also direct the Commission to 
review the effectiveness of its labeling requirements for 
charcoal briquettes (16 CFR 150014(b)(6)) given the events that 
occurred during the windstorm that struck the Pacific Northwest 
beginning on December 14, 2006; identify any specific 
challenges faced by non-English speaking populations with use 
of the current standards; and make recommendations, if 
warranted, for improving the labels on bags of charcoal 
briquettes.
    The Conferees support carbon monoxide devices being 
installed in all residential dwelling units and support the 
efforts of individual States that have enacted legislation 
requiring the installation of carbon monoxide devices in homes 
and other dwelling places. The Conferees believe the Commission 
should consider the adoption of the American National Standards 
Institute/Underwriters Laboratories standards ANSI/UL 2034 and 
ANSI/US 2075 for carbon monoxide devices sold in the United 
States. The Conferees also direct the Commission to conduct a 
public awareness campaign to educate consumers about carbon 
monoxide poisoning and the importance of residential carbon 
monoxide alarms including recommendations for the effective use 
and maintenance of carbon monoxide alarms.
    The Conferees direct the Commission to conduct a public 
awareness campaign to educate consumers about the importance of 
residential smoke alarms and improved smoke detector 
technology, including the difference between ionization type 
and photoelectric type alarms. The campaign should include 
recommendations for effective use and maintenance of smoke 
alarms.
    The Conferees direct the Commission to issue a final rule 
in its proceeding entitled, ``Safety Standard for Cigarette 
Lighters'' for which the Commission issued an Advance Notice of 
Proposed Rulemaking on April 11, 2005 (70 Fed Reg 18339).
    The Conferees believe that the Commission must take strong 
action to reduce the number of preventable fatal traumatic 
brain injuries resulting from inadequate equestrian helmets. 
The Conferees direct the Commission to consider establishing a 
mandatory consumer product safety rule for equestrian helmets 
that is consistent with current voluntary standards, such as 
the ASTM standard designated as F1163 and the Snell Memorial 
Foundation standard designated as E2001, to the extent such 
standards would increase safety.
    The Conferees believe that the Commission must take action 
to prevent deaths and serious injuries resulting from garage 
door entrapment. To that end, the Conferees direct the 
Commission, in consultation with interested parties consistent 
with Commission practices, to expeditiously review, revise, and 
consider the adoption of standards as necessary to ensure the 
safety and effectiveness of both inherent and external 
secondary entrapment protection devices that cause the garage 
door to reverse, including contact and non-contact sensors.
    The Conferees believe the Commission should take 
appropriate action with respect to lead included in any ceramic 
product within its jurisdiction.
    The Conferees direct the Commission to examine its current 
authority with respect to toys intended for use by household 
pets, especially those that could become children's play 
things. If the Commission determines that it has the 
appropriate authority to regulate such products, the Conferees 
direct the Commission to consider the adoption of limits 
regarding the use of lead and lead paint in household pet toys.
    The Conferees are aware of tipping dangers presented by 
furniture, ovens, other large appliances, and television sets 
that have resulted in serious injuries. In order to help stem 
preventable accidents and injuries, the Conferees direct the 
Commission to examine these matters, and, where appropriate, to 
require stabilizing mechanisms such as braces and clear and 
conspicuous warning labels, and to make available on its 
Internet website recommendations on tip-over prevention.
    The Conferees intend for the Commission to give priority to 
the timely and effective implementation of this Conference 
Report. Nonetheless, the Conferees request that these special 
issues be given consideration. The Commission's House and 
Senate authorizing committees intend to review the status of 
these issues at appropriate intervals to make sure that they 
are addressed with reasonable diligence.
                                   John D. Dingell,
                                   Henry A. Waxman,
                                   Bobby L. Rush,
                                   Diana DeGette,
                                   Jan Schakowsky,
                                   Joe Barton,
                                   Ed Whitfield,
                                   Cliff Stearns,
                                 Managers on the Part of the House.

                                   Daniel K. Inouye,
                                   Barbara Boxer,
                                   Mark Pryor,
                                   Amy Klobuchar,
                                   Ted Stevens,
                                   Kay Bailey Hutchison,
                                   John E. Sununu,
                                Managers on the Part of the Senate.