[110th Congress Public Law 314]
[From the U.S. Government Printing Office]
[DOCID: f:publ314.110]
[[Page 3015]]
CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF 2008
[[Page 122 STAT. 3016]]
Public Law 110-314
110th Congress
An Act
To establish consumer product safety standards and other safety
requirements for children's products and to reauthorize and modernize
the Consumer Product Safety Commission. <<NOTE: Aug. 14, 2008 - [H.R.
4040]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Consumer Product Safety
Improvement Act of 2008. Commerce and trade. 15 USC 2051
note.>> assembled,
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.
[[Page 122 STAT. 3017]]
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) <<NOTE: 15 USC 2051 note.>> 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. <<NOTE: 15 USC 2051 note.>> 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. <<NOTE: 15 USC 1278a.>> 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) <<NOTE: Effective dates.>> 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
[[Page 122 STAT. 3018]]
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 <<NOTE: Applicability.>> 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
[[Page 122 STAT. 3019]]
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 to, swallowing, mouthing, breaking, or other
children's activities, and the aging of the product.
(B) Inaccessibility proceeding.--
Within <<NOTE: Deadline.>> 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) <<NOTE: Requirements.>> 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 <<NOTE: Deadline.>> 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
[[Page 122 STAT. 3020]]
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 <<NOTE: Effective date.>> 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 <<NOTE: Deadline.>>
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.
[[Page 122 STAT. 3021]]
(4) Alternative methods of measuring lead in paint
generally.--
(A) Study.--Not <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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
[[Page 122 STAT. 3022]]
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) <<NOTE: 15 USC 2063 note.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Notice.>> General application.--
Except as provided under subparagraph (F), the
requirements of paragraph (2) shall
[[Page 122 STAT. 3023]]
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) <<NOTE: Deadlines. Notices.>> 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
[[Page 122 STAT. 3024]]
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) <<NOTE: Web site. Records.>> Publication of
accredited entities.--The Commission shall maintain on
its Internet website 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 <<NOTE: Termination
date.>> 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) <<NOTE: Deadlines.>> 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) <<NOTE: Protocols. Standards.>> 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;
[[Page 122 STAT. 3025]]
``(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
[[Page 122 STAT. 3026]]
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.--
[[Page 122 STAT. 3027]]
``(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. <<NOTE: Records.>> 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) <<NOTE: 15 USC 2063 note.>> 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
[[Page 122 STAT. 3028]]
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) <<NOTE: Effective date.>> 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. <<NOTE: Danny Keysar Child Product Safety Notification
Act. 15 USC 2056a.>> 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 <<NOTE: Deadlines.>>
later than 1 year after the date of enactment of this Act, the
Commission shall
[[Page 122 STAT. 3029]]
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 <<NOTE: Deadline.>> 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
[[Page 122 STAT. 3030]]
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. <<NOTE: Deadline. Reports.>> 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.--
[[Page 122 STAT. 3031]]
(1) Technology assessment and report.--The Commission
shall--
(A) <<NOTE: Effective date. Review.>> 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
[[Page 122 STAT. 3032]]
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) <<NOTE: Deadlines.>> 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
[[Page 122 STAT. 3033]]
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 <<NOTE: Effective date. 15 USC 2056b.>>
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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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.
[[Page 122 STAT. 3034]]
(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) <<NOTE: Regulations.>> 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 <<NOTE: Regulations.>> 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 <<NOTE: Notification.>> 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. <<NOTE: Effective dates.>> 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--
[[Page 122 STAT. 3035]]
(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) <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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
[[Page 122 STAT. 3036]]
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. <<NOTE: 15 USC 2057c.>> PROHIBITION ON SALE OF CERTAIN
PRODUCTS CONTAINING SPECIFIED PHTHALATES.
(a) Prohibition on the Sale of Certain Products Containing
Phthalates.--Beginning <<NOTE: Effective date.>> 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 <<NOTE: Effective
date.>> 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) <<NOTE: Deadlines.>> 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
[[Page 122 STAT. 3037]]
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 <<NOTE: Deadline.>>
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
[[Page 122 STAT. 3038]]
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.--
[[Page 122 STAT. 3039]]
``(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. <<NOTE: 15 USC 2053 note.>> 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
[[Page 122 STAT. 3040]]
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) <<NOTE: 15 USC 2053 note.>> 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 <<NOTE: Deadline.>> 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) <<NOTE: 15 USC 2076 note.>> 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.''.
[[Page 122 STAT. 3041]]
(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
[[Page 122 STAT. 3042]]
(iii) in section 21(a) (15 U.S.C. 1276(a));
(C) <<NOTE: 15 USC 1263, 1270, 1272.>> 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) <<NOTE: 15 USC 1261, 1262, 1273.>> 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) <<NOTE: 15 USC 12633et al.>> 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) <<NOTE: 15 USC 1193, 1201.>> by striking
``Secretary of Commerce'' each place it appears and
inserting ``Commission'';
(C) <<NOTE: 15 USC 1193, 1204.>> by striking
``Secretary'' each place it appears and inserting
``Commission'', except in sections 9 and 14 (15 U.S.C.
1198 and 1201);
(D) <<NOTE: 15 USC 1193.>> 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) <<NOTE: 15 USC 1202.>> 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'';
[[Page 122 STAT. 3043]]
(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. <<NOTE: 15 USC 2076b.>> INSPECTOR GENERAL AUDITS AND
REPORTS.
(a) <<NOTE: Reviews.>> 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 <<NOTE: Deadline. Reviews.>> 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 <<NOTE: Deadline. Web
site.>> 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.
[[Page 122 STAT. 3044]]
(2) Reviews of improvements and employee complaints.--
Beginning for <<NOTE: Effective date.>> 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. <<NOTE: 15 USC 2086.>> 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;
[[Page 122 STAT. 3045]]
``(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
[[Page 122 STAT. 3046]]
``(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. <<NOTE: 15 USC 2053a.>> 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--
[[Page 122 STAT. 3047]]
``(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) <<NOTE: 15 USC 2076 note.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> grant or deny the
requested injunction within 30 days after the date
on which the Commission's request was filed with
the court.'';
[[Page 122 STAT. 3048]]
(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. <<NOTE: 15 USC 2055a.>> 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) <<NOTE: Web site.>> accessible through the
Internet website of the Commission.
``(2) Submission of detailed implementation plan to
congress.--Not later <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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:
[[Page 122 STAT. 3049]]
``(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;
[[Page 122 STAT. 3050]]
``(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,
[[Page 122 STAT. 3051]]
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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline. Reports.>> 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--
[[Page 122 STAT. 3052]]
``(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) <<NOTE: 15 USC 2053 note.>> 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
[[Page 122 STAT. 3053]]
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) <<NOTE: Notification.>> 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) <<NOTE: Notification.>> 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
[[Page 122 STAT. 3054]]
(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
[[Page 122 STAT. 3055]]
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 <<NOTE: Deadline.>> 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.''.
[[Page 122 STAT. 3056]]
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--
[[Page 122 STAT. 3057]]
``(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
[[Page 122 STAT. 3058]]
``(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) <<NOTE: 15 USC 1194 note.>> 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
[[Page 122 STAT. 3059]]
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 <<NOTE: Deadline. Regulations. 15 USC 2069 note.>> 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.
[[Page 122 STAT. 3060]]
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) <<NOTE: Definition.>> 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
[[Page 122 STAT. 3061]]
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) <<NOTE: Deadline.>> 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.
[[Page 122 STAT. 3062]]
``(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. <<NOTE: 15 USC 1477.>> 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 <<NOTE: Applicability.>> 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) <<NOTE: 15 USC 2087.>> 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;
[[Page 122 STAT. 3063]]
``(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) <<NOTE: Discrimination. Deadline.>> 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. <<NOTE: Notification.>> 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) <<NOTE: Deadlines. Notification. Investigation. Order.>>
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
[[Page 122 STAT. 3064]]
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) <<NOTE: Deadline. Order.>> 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) <<NOTE: Deadlines.>> 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
[[Page 122 STAT. 3065]]
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. <<NOTE: Deadline.>> 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
[[Page 122 STAT. 3066]]
applicable consumer product safety rule in effect under this
Act,''; and
(2) by adding at the end the following:
``(c) <<NOTE: Notification. Deadline.>> 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) <<NOTE: Notification. Deadline.>> 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. <<NOTE: 15 USC 2066 note.>> IMPORT SAFETY MANAGEMENT
AND INTERAGENCY COOPERATION.
(a) Risk Assessment Methodology.--Not <<NOTE: Deadline.>> 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;
[[Page 122 STAT. 3067]]
(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 <<NOTE: Deadline. Plans.>> 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).
[[Page 122 STAT. 3068]]
(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 <<NOTE: Rules.>> 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 <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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
[[Page 122 STAT. 3069]]
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) <<NOTE: Manufacturers.>> 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) <<NOTE: Rules.>> 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. <<NOTE: 15 USC 2088.>> FINANCIAL RESPONSIBILITY.
``(a) <<NOTE: Recommen- dations.>> 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.''.
[[Page 122 STAT. 3070]]
(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) <<NOTE: Recommen- dations.>> review and provide
recommendations with respect to plans to prevent unsafe consumer
products from entering the customs territory of the United
States; and
(3) <<NOTE: Manufacturers.>> 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. <<NOTE: 15 USC 2051 note.>> 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.
[[Page 122 STAT. 3071]]
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. <<NOTE: 15 USC 2089.>> ALL-TERRAIN VEHICLES.
``(a) In General.--
``(1) Mandatory standard.--
Notwithstanding <<NOTE: Deadline. Federal
Register, publication.>> 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). <<NOTE: Effective date.>> The standard shall take effect
150 days after it is published.
``(2) <<NOTE: Manufacturers. Exports and imports.>>
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 <<NOTE: Notification.>> 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 <<NOTE: Deadlines. Notices.>> 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
[[Page 122 STAT. 3072]]
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 <<NOTE: Regulations.>> 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;
[[Page 122 STAT. 3073]]
``(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 <<NOTE: Deadline.>> 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.
[[Page 122 STAT. 3074]]
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,
[[Page 122 STAT. 3075]]
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) <<NOTE: 15 USC 2081.>> 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 <<NOTE: Deadlines. Records.>> 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,
[[Page 122 STAT. 3076]]
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) <<NOTE: 15 USC 2060 note.>> 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 <<NOTE: 15 USC 8002.>> 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 <<NOTE: 15 USC 8003.>> by adding at the
end of subsection (b) the
following: <<NOTE: Notification. Deadline.>> ``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. <<NOTE: 15 USC 8008.>> 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) <<NOTE: 15 USC 2051 note.>> 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) <<NOTE: 15 USC 2051 note.>> Severability.--If any provision of
this Act or the amendments made by this Act, or the application of such
provision to
[[Page 122 STAT. 3077]]
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.
Approved August 14, 2008.
LEGISLATIVE HISTORY--H.R. 4040 (S. 2045) (S. 2663):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 110-501 (Comm. on Energy and Commerce) and 110-787
(Comm. of Conference).
SENATE REPORTS: No. 110-265 accompanying S. 2045 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD:
Vol. 153 (2007):
Dec. 19, considered and passed
House.
Vol. 154 (2008):
Mar. 6, considered and passed
Senate, amended, in lieu of
S. 2663.
July 30, House agreed to conference
report.
July 31, Senate agreed to conference
report.
<all>