In the nature of a substitute.

SA 4095. Mr. DeMINT proposed an amendment to the bill S. 2663, to
reform the Consumer Product Safety Commission to provide greater
protection for children's products, to improve the screening of
noncompliant consumer products, to improve the effectiveness of
consumer product recall programs, and for other purposes; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Consumer
Product Safety Modernization Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. Authority to issue implementing regulations.

TITLE I--CHILDREN'S PRODUCT SAFETY

Sec. 101. Ban on children's products containing lead; lead paint rule.
Sec. 102. Mandatory third-party testing for certain children's
products.
Sec. 103. Tracking labels for children's products.
Sec. 104. Standards and consumer registration of durable nursery
products.
Sec. 105. Labeling requirement for certain internet and catalogue
advertising of toys and games.
Sec. 106. Study of preventable injuries and deaths in minority children
related to consumer products.
Sec. 107. Review of generally-applicable standards for toys.

TITLE II--CONSUMER PRODUCT SAFETY COMMISSION REFORM

Sec. 201. Reauthorization of the Commission.
Sec. 202. Structure and quorum.
Sec. 203. Submission of copy of certain documents to Congress.
Sec. 204. Expedited rulemaking.
Sec. 205. Public disclosure of information.
Sec. 206. Publicly available information on incidents involving injury
or death.
Sec. 207. Prohibition on stockpiling under other Commission-enforced
statutes.
Sec. 208. Notification of noncompliance with any Commission-enforced
statute.
Sec. 209. Enhanced recall authority and corrective action plans.
Sec. 210. Website notice, notice to third party internet sellers, and
radio and television notice.
Sec. 211. Inspection of certified proprietary laboratories.
Sec. 212. Identification of manufacturer, importers, retailers, and
distributors.
Sec. 213. Export of recalled and non-conforming products.
Sec. 214. Prohibition on sale of recalled products.
Sec. 215. Increased civil penalty.
Sec. 216. Criminal penalties to include asset forfeiture.
Sec. 217. Enforcement by State attorneys general.
Sec. 218. Effect of rules on preemption.
Sec. 219. Sharing of information with Federal, State, local, and
foreign government agencies.
Sec. 220. Inspector General authority and accessibility.
Sec. 221. Repeal.
Sec. 222. Industry-sponsored travel ban.
Sec. 223. Annual reporting requirement.
Sec. 224. Study on the effectiveness of authority relating to imported
products.

SEC. 2. REFERENCES.

(a) Commission.--As used in this Act, the term
``Commission'' means the Consumer Product Safety Commission.
(b) Consumer Product Safety Act.--Except as otherwise
expressly provided, whenever in this Act an amendment is
expressed as an amendment to a section or other provision,
the reference shall be considered to be made to a section or
other provision of the Consumer Product Safety Act (15 U.S.C.
2051 et seq.).
(c) Rule.--In this Act and the amendments made by this Act,
a reference to any rule under any Act enforced by the
Commission shall be considered a reference to any rule,
standard, ban, or order under any such Act.

SEC. 3. AUTHORITY TO ISSUE IMPLEMENTING REGULATIONS.

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

TITLE I--CHILDREN'S PRODUCT SAFETY

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

(a) Children's Products Containing Lead.--
(1) Banned hazardous substance.--Effective 180 days after
the date of enactment of this Act, any children's product
containing more than the amounts of lead set forth in
paragraph (2) shall be a banned hazardous substance within
the meaning of section 2(q)(1) of the Federal Hazardous
Substances Act (15 U.S.C. 1261(q)(1)).
(2) Standard for amount of lead.--The amounts of lead
referred to in paragraph (1) shall be--
(A) 600 parts per million total lead content by weight for
any part of the product;
(B) 300 parts per million total lead content by weight for
any part of the product, effective 2 years after the date of
enactment of this Act; and
(C) 100 parts per million total lead content by weight for
any part of the product, effective 4 years after the date of
enactment of this Act, unless the Commission determines,
after notice and a hearing, that a standard of 100 parts per
million is not feasible, in which case the Commission shall
require the lowest amount of lead that the Commission
determines is feasible to achieve.
(3) Commission revision to more protective standard.--
(A) More protective standard.--The Commission may, by rule,
revise the standard set forth in paragraph (2)(C) for any
class of children's products to any level and form that the
Commission determines is--
(i) more protective of human health; and
(ii) feasible to achieve.
(B) Periodic review.--The Commission shall, based on the
best available scientific and technical information,
periodically review and revise the standard set forth in this
section to require the lowest amount of lead that the
Commission determines is feasible to achieve.
(4) Commission authority to exclude certain materials.--The
Commission may, by rule, exclude certain products and
materials from the prohibition in paragraph (1) if the
Commission determines that the lead content in such products
and materials will not result in the absorption of lead in
the human body or does not have any adverse impact on public
health or safety.
(5) Definition of children's product.--
(A) In general.--As used in this subsection, the term
``children's product'' means a consumer product as defined in
section 3(1) of the Consumer Product Safety Act (15 U.S.C.
2052(1)) designed or intended primarily for children 12 years
of age or younger.
(B) Factors to be considered.--In determining whether a
product is primarily intended for a child 12 years of age or
younger, the following factors shall be considered:
(i) A statement by a manufacturer about the intended use of
such product, including a label on such product if such
statement is reasonable.
(ii) Whether the product is represented in its packaging,
display or advertising as appropriate for use by children 12
years of age or younger.
(iii) Whether the product is commonly recognized by
consumers as being intended for use by child 12 years of age
or younger.
(iv) The Age Determination Guidelines issued by the
Commission staff in September 2002, and any successor
thereto.
(6) Exception for inaccessible component parts.--The
standards established under paragraph (2) shall not apply to
any component part of a children's product that is not
accessible to a child through normal and reasonably
foreseeable use and abuse of such product, as determined by
the Commission. A component part is not accessible under this
paragraph if such component part is not

[[Page S1536]]

physically exposed by reason of a sealed covering or casing
and does not become physically exposed through reasonably
foreseeable use and abuse of the product. The Commission may
require that certain electronic devices be equipped with a
child-resistant cover or casing that prevents exposure of and
accessibility to the parts of the product containing lead if
the Commission determines that it is not feasible for such
products to otherwise meet such standards.
(b) Paint Standard.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission shall modify section
1303.1 of title 16, Code of Federal Regulations, to--
(A) reduce the standard applicable to lead paint by
substituting ``0.009 percent'' for ``0.06 percent'' in
subsection (a) of that section;
(B) apply the standard to all children's products as
defined in subsection (a)(5); and
(C) reduce the standard for paint and other surface coating
on children's products and furniture to 0.009 milligrams per
centimeter squared.
(2) More protective standard.--Not later than 3 years after
the date of enactment of this Act, the Commission shall, by
rule, revise the standard established under paragraph (1)(C)
to a more protective standard if the Commission determines
such a standard to be feasible.
(c) Authority to Extend Implementation Periods.--The
Commission may extend, by rule, the effective dates in
subsections (a) and (b) by an additional period not to exceed
180 days if the Commission determines that--
(1) there is no impact on public health or safety from
extending the implementation period; and
(2)(A) the complete implementation of the new standards by
manufacturers subject to such standards is not feasible
within 180 days;
(B) the cost of such implementation, particularly on small
and medium sized enterprises, is excessive; or
(C) the Commission requires additional time to implement
such standards and determine the required testing
methodologies and appropriate exceptions in order to enforce
such standards.

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

(a) Mandatory and Third-Party Testing.--Section 14(a) (15
U.S.C. 2063(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``Every manufacturer'' and inserting
``Except as provided in paragraph (2), every manufacturer'';
and
(B) by striking ``standard under this Act'' and inserting
``rule under this Act or similar rule under any other Act
enforced by the Commission'';
(2) by redesignating paragraph (2) as paragraph (3) and
inserting after paragraph (1) the following:
``(2) Effective 1 year after the date of enactment of the
Consumer Product Safety Modernization Act, every manufacturer
of a children's product (and the private labeler of such
children's product if such product bears a private label)
which is subject to a consumer product safety rule under this
Act or a similar rule or standard under any other Act
enforced by the Commission, shall--
``(A) have the product tested by a independent third party
qualified to perform such tests or a proprietary laboratory
certified by the Commission under subsection (e) ; and
``(B) issue a certificate which shall--
``(i) certify that such product conforms to such standards
or rules; and
``(ii) specify the applicable consumer product safety
standards or other similar rules.''; and
(3) in paragraph (3) (as so redesignated)--
(A) by striking ``required by paragraph (1) of this
subsection'' and inserting ``required by paragraph (1) or (2)
(as the case may be)''; and
(B) by striking ``requirement under paragraph (1)'' and
inserting ``requirement under paragraph (1) or (2) (as the
case may be)''.
(b) Definition of Children's Products and Independent Third
Party.--Section 14 (15 U.S.C. 2063) is amended by adding at
the end the following:
``(d) Definitions.--In this section, the following
definitions apply:
``(1) The term `children's product' means a consumer
product designed or intended primarily for children 12 years
of age or younger. In determining whether a product is
primarily intended for a child 12 years of age or younger,
the following factors shall be considered:
``(A) A statement by a manufacturer about the intended use
of such product, including a label on such product if such
statement is reasonable.
``(B) Whether the product is represented in its packaging,
display or advertising as appropriate for use by children 12
years of age or younger.
``(C) Whether the product is commonly recognized by
consumers as being intended for use by child 12 years of age
or younger.
``(D) The Age Determination Guidelines issued by the
Commission staff in September 2002, and any successor
thereto.
``(2) The term `independent third party', means an
independent testing entity that is not owned, managed,
controlled, or directed by such manufacturer or private
labeler, and that is accredited in accordance with an
accreditation process established or recognized by the
Commission. In the case of certification of art material or
art material products required under this section or under
regulations issued under the Federal Hazardous Substances
Act, such term includes a certifying organization, as such
term is defined in appendix A to section 1500.14(b)(8) of
title 16, Code of Federal Regulations.''.
(c) Certification of Proprietary Laboratories.--Section 14
(15 U.S.C. 2063) is further amended by adding at the end the
following:
``(e) Certification of Proprietary Laboratories for
Mandatory Testing.--
``(1) Certification.--Upon request, the Commission, or an
independent standard-setting organization to which the
Commission has delegated such authority, may certify a
laboratory that is owned, managed, controlled, or directed by
the manufacturer or private labeler for purposes of testing
required under this section if the Commission determines
that--
``(A) certification of the laboratory would provide equal
or greater consumer safety protection than the manufacturer's
use of an independent third party laboratory;
``(B) the laboratory has established procedures to ensure
that the laboratory is protected from undue influence,
including pressure to modify or hide test results, by the
manufacturer or private labeler; and
``(C) the laboratory has established procedures for
confidential reporting of allegations of undue influence to
the Commission.
``(2) Decertification.--The Commission, or an independent
standard-setting organization to which the Commission has
delegated such authority, may decertify any laboratory
certified under paragraph (1) if the Commission finds, after
notice and investigation, that a manufacturer or private
labeler has exerted undue influence on the laboratory.''.
(d) Conforming Amendments.--Section 14(b) (15 U.S.C.
2063(b)) is amended--
(1) by striking ``standards under this Act'' and inserting
``rules under this Act or similar rules under any other Act
enforced by the Commission''; and
(2) by striking ``, at the option of the person required to
certify the product,'' and inserting ``be required by the
Commission to''.

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

Section 14(a) (15 U.S.C. 2063(a)) is further amended by
adding at the end the following:
``(4) Effective 1 year after the date of enactment of the
Consumer Product Safety Modernization Act, the manufacturer
of a children's product shall, to the extent feasible, place
distinguishing marks on the product and its packaging that
will enable the manufacturer and the ultimate purchaser to
ascertain the location and date of production of the product,
and any other information determined by the manufacturer to
facilitate ascertaining the specific source of the product by
reference to those marks.''.

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

(a) Short Title.--This section may be cited as the ``Danny
Keysar Child Product Safety Notification Act''.
(b) Safety Standards.--
(1) In general.--The Commission shall--
(A) in consultation with representatives of consumer
groups, juvenile product manufacturers, and independent child
product engineers and experts, examine and assess the
effectiveness of any voluntary consumer product safety
standards for durable infant or toddler product; and
(B) in accordance with section 553 of title 5, United
States Code, promulgate consumer product safety rules that--
(i) are substantially the same as such voluntary standards;
or
(ii) are more stringent than such voluntary standards, if
the Commission determines that more stringent standards would
further reduce the risk of injury associated with such
products.
(2) Timetable for rulemaking.--Not later than 1 year after
the date of enactment of this Act, the Commission shall
commence the rulemaking required under paragraph (1) and
shall promulgate rules for no fewer than 2 categories of
durable nursery products every 6 months thereafter, beginning
with the product categories that the Commission determines to
be of highest priority, until the Commission has promulgated
standards for all such product categories. Thereafter, the
Commission shall periodically review and revise the rules set
forth under this subsection to ensure that such rules provide
the highest level of safety for such products that is
feasible.
(c) Consumer Registration Requirement.--
(1) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Commission shall, pursuant to its
authority under section 16(b) of the Consumer Product Safety
Act (15 U.S.C. 2065(b)), promulgate a final consumer product
safety rule to require manufacturers of durable infant or
toddler products--
(A) to provide consumers with a postage-paid consumer
registration form with each such product;
(B) to maintain a record of the names, addresses, email
addresses, and other contact information of consumers who
register their ownership of such products with the
manufacturer in order to improve the effectiveness of
manufacturer campaigns to recall such products; and
(C) to permanently place the manufacturer name and contact
information, model name and number, and the date of
manufacture on each durable infant or toddler product.

[[Page S1537]]

(2) Requirements for registration form.--The registration
form required to be provided to consumers under subsection
(a) shall--
(A) include spaces for a consumer to provide their name,
address, telephone number, and email address;
(B) include space sufficiently large to permit easy,
legible recording of all desired information;
(C) be attached to the surface of each durable infant or
toddler product so that, as a practical matter, the consumer
must notice and handle the form after purchasing the product;
(D) include the manufacturer's name, model name and number
for the product, and the date of manufacture;
(E) include a message explaining the purpose of the
registration and designed to encourage consumers to complete
the registration;
(F) include an option for consumers to register through the
Internet; and
(G) include a statement that information provided by the
consumer shall not be used for any purpose other than to
facilitate a recall of or safety alert regarding that
product.
In issuing regulations under this section, the Commission may
prescribe the exact text and format of the required
registration form.
(3) Record keeping and notification requirements.--The
standard required under this section shall require each
manufacturer of a durable infant or toddler product to
maintain a record of registrants for each product
manufactured that includes all of the information provided by
each consumer registered, and to use such information to
notify such consumers in the event of a voluntary or
involuntary recall of or safety alert regarding such product.
Each manufacturer shall maintain such a record for a period
of not less than 6 years after the date of manufacture of the
product. Consumer information collected by a manufacturer
under this Act may not be used by the manufacturer, nor
disseminated by such manufacturer to any other party, for any
purpose other than notification to such consumer in the event
of a product recall or safety alert.
(4) Study.--The Commission shall conduct a study at such
time as it considers appropriate on the effectiveness of the
consumer registration forms in facilitating product recalls
and whether such registration forms should be required for
other children's products. Not later than 4 years after the
date of enactment of this Act, the Commission shall report
its findings to Congress.
(d) Definition of Durable Infant or Toddler Product.--As
used in this section, the term ``durable infant or toddler
product''--
(1) means a durable product intended for use, or that may
be reasonably expected to be used, by children under the age
of 5 years; and
(2) shall include--
(A) full-size cribs and nonfull-size cribs;
(B) toddler beds;
(C) high chairs, booster chairs, and hook-on chairs;
(D) bath seats;
(E) gates and other enclosures for confining a child;
(F) play yards;
(G) stationary activity centers;
(H) infant carriers;
(I) strollers;
(J) walkers;
(K) swings; and
(L) bassinets and cradles.

SEC. 105. LABELING REQUIREMENT FOR CERTAIN INTERNET AND
CATALOGUE ADVERTISING OF TOYS AND GAMES.

Section 24 of the Federal Hazardous Substances Act (15
U.S.C. 1278) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(2) by inserting after subsection (b) the following:
``(c) Internet, Catalogue, and Other Advertising.--
``(1) Requirement.--Effective 180 days after the Consumer
Product Safety Modernization Act, any advertisement of a
retailer, manufacturer, importer, distributor, private
labeler, or licensor that provides a direct means for the
purchase or ordering of any toy, game, balloon, small ball,
or marble that requires a cautionary statement under
subsections (a) and (b), including advertisement on Internet
websites or in catalogues or other distributed materials,
shall include the appropriate cautionary statement required
under such subsections in its entirety displayed on or
immediately adjacent to such advertisement. Such cautionary
statement shall be displayed in the language that is
primarily used in the advertisement, catalogue, or Internet
website, and in a clear and conspicuous manner consistent
with part 1500 of title 16, Code of Federal Regulations (or a
successor regulation thereto).
``(2) Enforcement.--The requirement in paragraph (1) shall
be treated as a consumer product safety rule promulgated
under section 7 of the Consumer Product Safety Act (15 U.S.C.
2056) and the publication or distribution of any
advertisement that is not in compliance with the requirements
of paragraph (1) shall be treated as a prohibited act under
section 19 of such Act (15 U.S.C. 2068).
``(3) Rulemaking.--Not later than 180 days after the date
of enactment of Consumer Product Safety Modernization Act,
the Commission shall, by rule, modify the requirement under
paragraph (1) with regard to catalogues or other printed
materials concerning the size and placement of the cautionary
statement required under such paragraph as appropriate
relative to the size and placement of the advertisements in
such printed materials. The Commission may, under such rule,
provide a grace period for catalogues and printed materials
printed prior to the effective date in paragraph (1) during
which time distribution of such printed materials shall not
be considered a violation of such paragraph.''.

SEC. 106. STUDY OF PREVENTABLE INJURIES AND DEATHS IN
MINORITY CHILDREN RELATED TO CONSUMER PRODUCTS.

(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Comptroller General shall
initiate a study to assess disparities in the risks and
incidence of preventable injuries and deaths among children
of minority populations, including Black, Hispanic, American
Indian, Alaskan native, and Asian/Pacific Islander children
in the United States. The Comptroller General shall consult
with the Commission as necessary.
(b) Requirements.--The study shall examine the racial
disparities of the rates of preventable injuries and deaths
related to suffocation, poisonings, and drownings associated
with the use of cribs, mattresses and bedding materials,
swimming pools and spas, and toys and other products intended
for use by children.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall report
the findings to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate. The report shall
include--
(1) the Comptroller General's findings on the incidence of
preventable risks of injuries and deaths among children of
minority populations and recommendations for minimizing such
risks;
(2) recommendations for public outreach, awareness, and
prevention campaigns specifically aimed at racial minority
populations; and
(3) recommendations for education initiatives that may
reduce statistical disparities.

SEC. 107. REVIEW OF GENERALLY-APPLICABLE STANDARDS FOR TOYS.

(a) Assessment.--The Commission shall examine and assess
the effectiveness of the safety standard for toys, ASTM-
International standard F963-07, or its successor standard, to
determine--
(1) the scope of such standards, including the number and
type of toys to which such standards apply;
(2) the degree of adherence to such standards on the part
of manufacturers; and
(3) the adequacy of such standards in protecting children
from safety hazards.
(b) Special Focus on Magnets.--In conducting the assessment
required under subsection (a), the Commission shall first
examine the effectiveness of the F963-07 standard as it
relates to intestinal blockage and perforation hazards caused
by ingestion of magnets. If the Commission determines based
on the review that there is substantial noncompliance with
such standard that creates an unreasonable risk of injury or
hazard to children, the Commission shall expedite a
rulemaking to consider the adoption, as a consumer product
safety rule, of the voluntary safety standards contained
within the ASTM F963-07, or its successor standard, that
relate to intestinal blockage and perforation hazards caused
by ingestion of magnets.
(c) Report.--Not later than 2 years after the date of
enactment of this Act, the Commission shall report to
Congress the findings of the study conducted pursuant to
subsection (a). Such report shall include the Commission's
opinion regarding--
(1) the feasibility of requiring manufacturer testing of
all toys to such standards; and
(2) whether promulgating consumer product safety rules that
are substantially similar or more stringent than the
standards described in such subsection would be beneficial to
public health and safety.

TITLE II--CONSUMER PRODUCT SAFETY COMMISSION REFORM

SEC. 201. REAUTHORIZATION OF THE COMMISSION.

(a) Authorization of Appropriations.--Subsections (a) and
(b) of section 32 (15 U.S.C. 2081) are amended to read as
follows:
``(a) There are authorized to be appropriated to the
Commission for the purpose of carrying out the provisions of
this Act and any other provision of law the Commission is
authorized or directed to carry out--
``(1) $80,000,000 for fiscal year 2009;
``(2) $90,000,000 for fiscal year 2010; and
``(3) $100,000,000 for fiscal year 2011.
``(b) In addition to the amounts specified in subsection
(a), there are authorized to be appropriated $20,000,000 to
the Commission for fiscal years 2009 through 2011, for the
purpose of renovation, repair, reconstruction, re-equipping,
and making other necessary capital improvements to the
Commission's research, development, and testing facility
(including bringing the facility into compliance with
applicable environmental, safety, and accessibility
standards).''.
(b) Report to Congress.--Not later than 180 days after the
date of enactment of this Act, the Commission shall transmit
to Congress a report of its plans to allocate the funding
authorized by subsection (a). Such report shall include--
(1) the number of full-time inspectors and other full-time
equivalents the Commission intends to employ;

[[Page S1538]]

(2) the plan of the Commission for risk assessment and
inspection of imported consumer products;
(3) an assessment of the feasibility of mandating bonds for
serious hazards and repeat offenders and Commission
inspection and certification of foreign third-party and
proprietary testing facilities; and
(4) the efforts of the Commission to reach and educate
retailers of second-hand products and informal sellers, such
as thrift shops and yard sales, concerning consumer product
safety standards and product recalls, especially those
relating to durable nursery products, in order to prevent the
resale of any products that have been recalled, including the
development of educational materials for distribution not
later than 1 year after the date of enactment of this Act.

SEC. 202. STRUCTURE AND QUORUM.

(a) Extension of Temporary Quorum.--Notwithstanding section
4(d) of the Consumer Product Safety Act (15 U.S.C. 2053(d)),
2 members of the Commission, if they are not affiliated with
the same political party, shall constitute a quorum for the
transaction of business for the period beginning on the date
of enactment of this Act through--
(1) August 3, 2008, if the President nominates a person to
fill a vacancy on the Commission prior to such date; or
(2) the earlier of--
(A) 3 months after the date on which the President
nominates a person to fill a vacancy on the Commission after
such date; or
(B) February 3, 2009.
(b) Repeal of Limitation.--The first proviso in the account
under the heading ``Consumer Product Safety Commission,
Salaries and Expenses'' in title III of Public Law 102-389
(15 U.S.C. 2053 note) shall cease to be in effect after
fiscal year 2010.

SEC. 203. SUBMISSION OF COPY OF CERTAIN DOCUMENTS TO
CONGRESS.

(a) In General.--Notwithstanding any rule, regulation, or
order to the contrary, the Commission shall comply with the
requirements of section 27(k) of the Consumer Product Safety
Act (15 U.S.C. 2076) 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) Rulemaking Under the Consumer Product Safety Act.--
(1) Advance notice of proposed rulemaking requirement.--
Section 9 (15 U.S.C. 2058) is amended--
(A) by striking ``shall be commenced'' in subsection (a)
and inserting ``may be commenced'';
(B) by striking ``in the notice'' in subsection (b) and
inserting ``in a notice'';
(C) by striking ``unless, not less than 60 days after
publication of the notice required in subsection (a), the''
in subsection (c) and inserting ``unless the'';
(D) by inserting ``or notice of proposed rulemaking'' after
``advance notice of proposed rulemaking'' in subsection (c);
and
(E) by striking ``an advance notice of proposed rulemaking
under subsection (a) relating to the product involved,'' in
the third sentence of subsection (c) and inserting ``the
notice''.
(2) Conforming amendment.--Section 5(a)(3) (15 U.S.C.
2054(a)(3)) is amended by striking ``an advance notice of
proposed rulemaking or''.
(b) Rulemaking Under Federal Hazardous Substances Act.--
(1) In general.--Section 3(a)(1) of the Federal Hazardous
Substances Act (15 U.S.C. 1262(a)(1)) is amended to read as
follows:
``(1) Whenever in the judgment of the Commission such
action will promote the objectives of this Act by avoiding or
resolving uncertainty as to its application, the Commission
may by regulation declare to be a hazardous substance, for
the purposes of this Act, any substance or mixture of
substances, which the Commission finds meets the requirements
section 2(f)(1)(A).''.
(2) Procedure.--
(A) Section 2(q)(2) of the Federal Hazardous Substances Act
(15 U.S.C. 1261(q)(2)) is amended by striking ``Proceedings
for the issuance, amendment, or repeal of regulations
pursuant to clause (B) of subparagraph (1) of this paragraph
shall be governed by the provisions of sections 701(e), (f),
and (g) of the Federal Food, Drug, and Cosmetic Act:
Provided, That if'' and inserting ``Proceedings for the
issuance, amendment, or repeal of regulations pursuant to
clause (B) of subparagraph (1) of this paragraph shall be
governed by the provisions of subsections (f) through (i) of
section 3 of this Act, except that if''.
(B) Section 3(a)(2) of the Federal Hazardous Substances Act
(15 U.S.C. 1262(a)(2)) is amended to read as follows:
``(2) Proceedings for the issuance, amendment, or repeal of
regulations under this subsection and the admissibility of
the record of such proceedings in other proceedings, shall be
governed by the provisions of subsections (f) through (i) of
this section.''.
(3) Advance notice of proposed rulemaking requirement.--
Section 3 of the Federal Hazardous Substances Act (15 U.S.C.
1262) is amended--
(A) by striking ``shall be commenced'' in subsection (f)
and inserting ``may be commenced'';
(B) by striking ``in the notice'' in subsection (g)(1) and
inserting ``in a notice''; and
(C) by striking ``unless, not less than 60 days after
publication of the notice required in subsection (f), the''
in subsection (h) and inserting ``unless the''.
(4) Conforming amendments.--The Federal Hazardous
Substances Act (15 U.S.C. 1261 et seq.) is amended--
(A) by striking subsection (d) of section 2 and inserting
the following:
``(d) The term `Commission' means the Consumer Product
Safety Commission.'';
(B) by striking ``Secretary'' each place it appears and
inserting ``Commission'' except--
(i) in section 10(b) (15 U.S.C. 1269(b));
(ii) in section 14 (15 U.S.C. 1273); and
(iii) in section 21(a) (15 U.S.C. 1276(a));
(C) by striking ``Department'' each place it appears,
except in section 14(b), and inserting ``Commission'';
(D) by striking ``he'' and ``his'' each place they appear
in reference to the Secretary and inserting ``it'' and
``its'', respectively;
(E) by striking ``Secretary of Health, Education, and
Welfare'' each place it appears in section 10(b) (15 U.S.C.
1269(b)) and inserting ``Commission'';
(F) by striking ``Secretary of Health, Education, and
Welfare'' each place it appears in section 14 (15 U.S.C.
1273) and inserting ``Commission'';
(G) by striking ``Department of Health, Education, and
Welfare'' in section 14(b) (15 U.S.C. 1273(b)) and inserting
``Commission'';
(H) by striking ``Consumer Product Safety Commission'' each
place it appears and inserting ``Commission''; and
(I) by striking ``(hereinafter in this section referred to
as the `Commission')'' in section 20(a)(1) (15 U.S.C.
1275(a)(1)).
(c) Rulemaking Under the Flammable Fabrics Act.--
(1) In general.--Section 4 of the Flammable Fabrics Act (15
U.S.C. 1193) is amended--
(A) by striking ``shall be commenced'' and inserting ``may
be commenced by a notice of proposed rulemaking or'';
(B) in subsection (i), by striking ``unless, not less than
60 days after publication of the notice required in
subsection (g), the'' and inserting ``unless the''.
(2) Other conforming amendments.--The Flammable Fabrics Act
(15 U.S.C. 1193 et seq.) is further amended--
(A) by striking subsection (i) of section 2 and inserting
the following:
``(i) The term `Commission' means the Consumer Product
Safety Commission.'';
(B) by striking ``Secretary of Commerce'' each place it
appears and inserting ``the Commission'';
(C) by striking ``Secretary'' each place it appears, except
in sections 9 and 14, and inserting ``Commission'';
(D) by striking ``he'' and ``his'' each place either term
appears in reference to the secretary and insert ``it'' and
``its'', respectively;
(E) in section 4(e), by striking paragraph (5) and
redesignating paragraph (6) as paragraph (5);
(F) in section 15, by striking ``Consumer Product Safety
Commission (hereinafter referred to as the `Commission')''
and inserting ``Commission'';
(G) by striking section 16(d) and inserting the following:
``(d) In this section, a reference to a flammability
standard or other regulation for a fabric, related materials,
or product in effect under this Act includes a standard of
flammability continued in effect by section 11 of the Act of
December 14, 1967 (Public Law 90-189).''; and
(H) in section 17, by striking ``Consumer Product Safety
Commission'' and inserting ``Commission''.

SEC. 205. PUBLIC DISCLOSURE OF INFORMATION.

Section 6(b) (15 U.S.C. 2055(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``30 days'' and inserting ``15 days'';
(B) by striking ``finds that the public'' and inserting
``publishes a finding that the public''; and
(C) by striking ``and publishes such a finding in the
Federal Register'';
(2) in paragraph (2)--
(A) by striking ``10 days'' and inserting ``5 days'';
(B) by striking ``finds that the public'' and inserting
``publishes a finding that the public''; and
(C) by striking ``and publishes such a finding in the
Federal Register'';
(3) in paragraph (4), by striking ``section 19 (related to
prohibited acts)'' and inserting ``any consumer product
safety rule under or provision of this Act or similar rule
under or provision of any other Act administered by the
Commission''; and
(4) in paragraph (5)--
(A) in subparagraph (B), by striking ``; or'' and inserting
a semicolon;
(B) in subparagraph (C), by striking the period and
inserting ``; or'';
(C) by adding at the end the following:

[[Page S1539]]

``(D) the Commission publishes a finding that the public
health and safety require public disclosure with a lesser
period of notice than is required under paragraph (1).''; and
(D) in the matter following such subparagraph (as added by
subparagraph (C)), by striking ``section 19(a)'' and
inserting ``any consumer product safety rule under this Act
or similar rule under or provision of any other Act
administered by the Commission''.

SEC. 206. PUBLICLY AVAILABLE INFORMATION ON INCIDENTS
INVOLVING INJURY OR DEATH.

(a) Evaluation.--The Commission shall examine and assess
the efficacy of the Injury Information Clearinghouse
maintained by the Commission pursuant to section 5(a) of the
Consumer Product Safety Act (15 U.S.C. 2054(a)). The
Commission shall determine the volume and types of publicly
available information on incidents involving consumer
products that result in injury, illness, or death and the
ease and manner in which consumers can access such
information.
(b) Improvement Plan.--As a result of the study conducted
under subsection (a), the Commission shall transmit to
Congress, not later than 180 days after the date of enactment
of this Act, a detailed plan for maintaining and categorizing
such information on a searchable Internet database to make
the information more easily available and beneficial to
consumers, with due regard for the protection of personal
information. Such plan shall include the views of the
Commission regarding whether additional information, such as
consumer complaints, hospital or other medical reports, and
warranty claims, should be included in the database. The plan
submitted under this subsection shall include a detailed
implementation schedule for the database, recommendations for
any necessary legislation, and plans for a public awareness
campaign to be conducted by the Commission to increase
consumer awareness of the database.

SEC. 207. PROHIBITION ON STOCKPILING UNDER OTHER COMMISSION-
ENFORCED STATUTES.

Section 9(g)(2) (15 U.S.C. 2058(g)(2)) is amended--
(1) by inserting ``or to which a rule under any other law
enforced by the Commission applies,'' after ``applies,''; and
(2) by striking ``consumer product safety'' the second,
third, and fourth places it appears.

SEC. 208. NOTIFICATION OF NONCOMPLIANCE WITH ANY COMMISSION-
ENFORCED STATUTE.

Section 15(b) (15 U.S.C. 2064(b)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(2) by inserting after paragraph (1) the following:
``(2) fails to comply with any other rule affecting health
and safety promulgated by the Commission under the Federal
Hazardous Substances Act, the Flammable Fabrics Act, or the
Poison Prevention Packaging Act;''; and
(3) by adding at the end the following sentence: ``A report
provided under this paragraph (2) may not be used as the
basis for criminal prosecution under section 5 of the Federal
Hazardous Substances Act (15 U.S.C. 1264), except for
offenses which require a showing of intent to defraud or
mislead.''.

SEC. 209. ENHANCED RECALL AUTHORITY AND CORRECTIVE ACTION
PLANS.

(a) Enhanced Recall Authority.--Section 15 (15 U.S.C. 2064)
is amended--
(1) in subjection (c)--
(A) by striking ``if the Commission'' and inserting ``(1)
If the Commission'';
(B) by inserting ``or if the Commission, after notifying
the manufacturer, determines a product to be an imminently
hazardous consumer product and has filed an action under
section 12,'' after ``from such substantial product
hazard,'';
(C) by redesignating paragraphs (1) through (3) as
subparagraphs (D) through (F), respectively;
(D) by inserting after ``the following actions:'' the
following:
``(A) To cease distribution of the product.
``(B) To notify all persons that transport, store,
distribute, or otherwise handle the product, or to which the
product has been transported, sold, distributed, or otherwise
handled, to cease immediately distribution of the product.
``(C) To notify appropriate State and local public health
officials.''; and
(E) by adding at the end the following:
``(2) If a district court determines, in an action filed
under section 12, that the product that is the subject of
such action is not an imminently hazardous consumer product,
the Commission shall rescind any order issued under this
subsection with respect to such product.''.
(2) in subsection (f)--
(A) by striking ``An order'' and inserting ``(1) Except as
provided in paragraph (2), an order''; and
(B) by inserting at the end the following:
``(2) The requirement for a hearing in paragraph (1) shall
not apply to an order issued under subsection (c) relating to
an imminently hazardous consumer product with regard to which
the Commission has filed an action under section 12.''.
(b) Corrective Action Plans.--Section 15(d) (15 U.S.C.
2064(d)) is amended--
(1) by inserting ``(1)'' after the subsection designation;
(2) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C);
(3) by striking ``more (A)'' in subparagraph (C), as
redesignated, and inserting ``more (i)'';
(4) by striking ``or (B)'' in subparagraph (C), as
redesignated, and inserting ``or (ii)'';
(5) by striking ``An order under this subsection may'' and
inserting:
``(2) An order under this subsection shall'';
(6) by striking ``, satisfactory to the Commission,'' and
inserting ``, as promptly as practicable under the
circumstances, as determined by the Commission, for approval
by the Commission,''; and
(7) by adding at the end the following:
``(3)(A) If the Commission approves an action plan, it
shall indicate its approval in writing.
``(B) If the Commission finds that an approved action plan
is not effective or appropriate under the circumstances, or
that the manufacturer, retailer, or distributor is not
executing an approved action plan effectively, the Commission
may, by order, amend, or require amendment of, the action
plan. In determining whether an approved plan is effective or
appropriate under the circumstances, the Commission shall
consider whether a repair or replacement changes the intended
functionality of the product.
``(C) If the Commission determines, after notice and
opportunity for comment, that a manufacturer, retailer, or
distributor has failed to comply substantially with its
obligations under its action plan, the Commission may revoke
its approval of the action plan.''.
(c) Content of Notice.--Section 15 is further amended by
adding at the end the following:
``(i) Not later than 180 days after the date of enactment
of this Act, the Commission shall, by rule, establish
guidelines setting forth a uniform class of information to be
included in any notice required under an order under
subsection (c) or (d) of this section or under section 12.
Such guidelines shall include any information that the
Commission determines would be helpful to consumers in--
``(1) identifying the specific product that is subject to
such an order;
``(2) understanding the hazard that has been identified
with such product (including information regarding incidents
or injuries known to have occurred involving such product);
and
``(3) understanding what remedy, if any, is available to a
consumer who has purchased the product.''.

SEC. 210. WEBSITE NOTICE, NOTICE TO THIRD PARTY INTERNET
SELLERS, AND RADIO AND TELEVISION NOTICE.

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

SEC. 211. INSPECTION OF CERTIFIED PROPRIETARY LABORATORIES.

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

SEC. 212. IDENTIFICATION OF MANUFACTURER, IMPORTERS,
RETAILERS, AND DISTRIBUTORS.

(a) In General.--Section 16 (15 U.S.C. 2065) is further
amended by adding at the end thereof the following:
``(c) Upon request by an officer or employee duly
designated by the Commission--
``(1) every importer, retailer, or distributor of a
consumer product (or other product or substance over which
the Commission has jurisdiction under this or any other Act)
shall identify the manufacturer of that product by name,
address, or such other identifying information as the officer
or employee may request, to the extent that such information
is in the possession of the importer, retailer, or
distributor; and
``(2) every manufacturer shall identify by name, address,
or such other identifying information as the officer or
employee may request--
``(A) each retailer or distributor to which the
manufacturer directly supplied a given consumer product (or
other product or substance over which the Commission has
jurisdiction under this or any other Act);
``(B) each subcontractor involved in the production or
fabrication or such product or substance; and
``(C) each subcontractor from which the manufacturer
obtained a component thereof.''.
(b) Compliance Required for Importation.--Section 17 (15
U.S.C. 2066) is amended--
(1) in subsection (g), by striking ``may'' and inserting
``shall''; and
(2) in subsection (h)(2), by striking ``may'' and inserting
``shall, consistent with section 6,''.

SEC. 213. EXPORT OF RECALLED AND NON-CONFORMING PRODUCTS.

(a) In General.--Section 18 (15 U.S.C. 2067) is amended by
adding at the end the following:
``(c) Notwithstanding any other provision of this section,
the Commission may prohibit, by order, a person from
exporting from the United States for purpose of sale any

[[Page S1540]]

consumer product, or other product or substance that is
regulated under any Act enforced by the Commission, that the
Commission determines, after notice to the manufacturer--
``(1) is not in conformity with an applicable consumer
product safety rule under this Act or a similar rule under
any such other Act;
``(2) is subject to an order issued under section 12 or 15
of this Act or designated as a banned hazardous substance
under the Federal Hazardous Substances Act (15 U.S.C. 1261 et
seq.); or
``(3) is subject to a voluntary corrective action taken by
the manufacturer, in consultation with the Commission, of
which action the Commission has notified the public and that
would have been subject to a mandatory corrective action
under this or another Act enforced by the Commission if
voluntary action had not been taken by the manufacturer,

unless the importing country has notified the Commission that
such country accepts the importation of such product,
provided that if the importing country has not so notified
the Commission within 30 days after the Commission has
provided notice to the importing country of the impending
shipment, the Commission may take such action as is
appropriate with respect to the disposition of the product
under the circumstances.''.
(b) Prohibited Act.--Section 19(a)(10) (15 U.S.C.
2068(a)(10)) is amended by striking the period at the end and
inserting `` or violate an order of the Commission issued
under section 18(c); or''.
(c) Conforming Amendments to Other Acts.--
(1) Federal hazardous substances act.--Section 5(b)(3) of
the Federal Hazardous Substances Act (15 U.S.C. 1264(b)(3))
is amended by striking ``substance presents an unreasonable
risk of injury to persons residing in the United States'' and
inserting ``substance is prohibited under section 18(c) of
the Consumer Product Safety Act,''.
(2) Flammable fabrics act.--Section 15 of the Flammable
Fabrics Act (15 U.S.C. 1202) is amended by adding at the end
the following:
``(d) Notwithstanding any other provision of this section,
the Consumer Product Safety Commission may prohibit, by
order, a person from exporting from the United States for
purpose of sale any fabric, related material, or product that
the Commission determines, after notice to the manufacturer--
``(1) is not in conformity with an applicable consumer
product safety rule under the Consumer Product Safety Act or
with a rule under this Act;
``(2) is subject to an order issued under section 12 or 15
of the Consumer Product Safety Act or designated as a banned
hazardous substance under the Federal Hazardous Substances
Act (15 U.S.C. 1261 et seq.); or
``(3) is subject to a voluntary corrective action taken by
the manufacturer, in consultation with the Commission, of
which action the Commission has notified the public and that
would have been subject to a mandatory corrective action
under this or another Act enforced by the Commission if
voluntary action had not been taken by the manufacturer,

unless the importing country has notified the Commission that
such country accepts the importation of such product,
provided that if the importing country has not so notified
the Commission within 30 days after the Commission has
provided notice to the importing country of the impending
shipment, the Commission may take such action as is
appropriate with respect to the disposition of the product
under the circumstances.''.

SEC. 214. PROHIBITION ON SALE OF RECALLED PRODUCTS.

Section 19(a) (as amended by section 210) (15 U.S.C.
2068(a)) is further amended--
(1) by striking paragraph (1) and inserting the following:
``(1) sell, offer for sale, manufacture for sale,
distribute in commerce, or import into the United States any
consumer product, or other product or substance that is
regulated under any other Act enforced by the Commission,
that is--
``(A) not in conformity with an applicable consumer product
safety standard under this Act, or any similar rule under any
such other Act;
``(B) subject to voluntary corrective action taken by the
manufacturer, in consultation with the Commission, of which
action the Commission has notified the public;
``(C) subject to an order issued under section 12 or 15 of
this Act; or
``(D) designated a banned hazardous substance under the
Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.);'';
(2) by striking ``or'' after the semicolon in paragraph
(7);
(3) by striking ``and'' after the semicolon in paragraph
(8); and
(4) by striking ``insulation).'' in paragraph (9) and
inserting ``insulation);''.

SEC. 215. INCREASED CIVIL PENALTY.

(a) Maximum Civil Penalties of the Consumer Product Safety
Commission.--
(1) Initial increase in maximum civil penalties.--
(A) Temporary increase.--Notwithstanding the dollar amounts
specified for maximum civil penalties specified in section
20(a)(1) of the Consumer Product Safety Act (15 U.S.C.
2069(a)(1)), section 5(c)(1) of the Federal Hazardous
Substances Act, and section 5(e)(1) of the Flammable Fabrics
Act (15 U.S.C. 1194(e)(1)), the maximum civil penalties for
any violation specified in such sections shall be $5,000,000,
beginning on the date that is the earlier of the date on
which final regulations are issued under section 3(b) or 360
days after the date of enactment of this Act.
(B) Effective date.--Paragraph (1) shall cease to be in
effect on the date on which the amendments made by subsection
(b)(1) shall take effect.
(2) Permanent increase in maximum civil penalties.--
(A) Amendments.--
(i) Consumer product safety act.--Section 20(a)(1) (15
U.S.C. 2069(a)(1)) is amended by striking ``$1,250,000'' both
places it appears and inserting ``$10,000,000''.
(ii) Federal hazardous substances act.--Section 5(c)(1) of
the Federal Hazardous Substances Act (15 U.S.C. 1264(c)(1))
is amended by striking ``$1,250,000'' both places it appears
and inserting ``$10,000,000''.
(iii) Flammable fabrics act.--Section 5(e)(1) of the
Flammable Fabrics Act (15 U.S.C. 1194(e)(1)) is amended by
striking ``$1,250,000'' and inserting ``$10,000,000''.
(B) Effective date.--The amendments made by paragraph (1)
shall take effect on the date that is 1 year after the
earlier of--
(i) the date on which final regulations are issued pursuant
to section 3(b); or
(ii) 360 days after the date of enactment of this Act.
(b) Determination of Penalties by the Consumer Product
Safety Commission.--
(1) Factors to be considered.--
(A) Consumer product safety act.--Section 20(b) (15 U.S.C.
2069(b)) is amended--
(i) by inserting ``the nature, circumstances, extent, and
gravity of the violation, including'' after ``shall
consider'';
(ii) by striking ``products distributed, and'' and
inserting ``products distributed,''; and
(iii) by inserting ``, and such other factors as
appropriate'' before the period.
(B) Federal hazardous substances act.--Section 5(c)(3) of
the Federal Hazardous Substances Act (15 U.S.C. 1264(c)(3))
is amended--
(i) by inserting ``the nature, circumstances, extent ,and
gravity of the violation, including'' after ``shall
consider'';
(ii) by striking ``substance distributed, and'' and
inserting ``substance distributed,''; and
(iii) by inserting ``, and such other factors as
appropriate'' before the period.
(C) Flammable fabrics act.--Section 5(e)(2) of the
Flammable Fabrics Act (15 U.S.C. 1194(e)(2)) is amended--
(i) by striking ``nature and number'' and inserting
``nature, circumstances, extent, and gravity'';
(ii) by striking ``absence of injury, and'' and inserting
``absence of injury,''; and
(iii) by inserting ``, and such other factors as
appropriate'' before the period.
(2) Regulations.--Not later than 1 year after the date of
enactment of this Act, and in accordance with the procedures
of section 553 of title 5, United States Code, the Commission
shall issue a final regulation providing its interpretation
of the penalty factors described in section 20(b) of the
Consumer Product Safety Act (15 U.S.C. 2069(b)), section
5(c)(3) of the Federal Hazardous Substances Act (15 U.S.C.
1264(c)(3)), and section 5(e)(2) of the Flammable Fabrics Act
(15 U.S.C. 1194(e)(2)), as amended by subsection (a).

SEC. 216. CRIMINAL PENALTIES TO INCLUDE ASSET FORFEITURE.

Section 21 (15 U.S.C. 2070) is amended by adding at the end
thereof the following:
``(c)(1) In addition to the penalty provided by subsection
(a), the penalty for a criminal violation of this Act or any
other Act enforced by the Commission may include the
forfeiture of assets associated with the violation.
``(2) In this subsection, the term `criminal violation'
means a violation of this Act of any other Act enforced by
the Commission for which the violator is sentenced under this
section, section 5(a) of the Federal hazardous Substances Act
(15 U.S.C. 2064(a)), or section 7 of the Flammable Fabrics
Act (15 U.S.C. 1196).''.

SEC. 217. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

Section 24 (15 U.S.C. 2073) is amended--
(1) in the section heading, by striking ``private'' and
inserting ``additional'';
(2) by striking ``Any interested person'' and inserting
``(a) Any interested person''; and
(3) by striking ``No separate suit'' and all that follows
and inserting the following:
``(b)(1) The attorney general of a State, alleging a
violation of section 19(a) that affects or may affect such
State or its residents may bring an action on behalf of the
residents of the State in any United States district court
for the district in which the defendant is found or transacts
business to enforce a consumer product safety rule or an
order under section 15, and to obtain appropriate injunctive
relief.
``(2) Not less than thirty days prior to the commencement
of such action, the attorney general shall give notice by
registered mail to the Commission, to the Attorney General,
and to the person against whom such action is directed. Such
notice shall state the nature of the alleged violation of any
such standard or order, the relief to be requested, and the
court in which the action will be brought. The Commission
shall have the right--
``(A) to intervene in the action;

[[Page S1541]]

``(B) upon so intervening, to be heard on all matters
arising therein;
``(C) and to file petitions for appeal.
``(c) No separate suit shall be brought under this section
if at the time the suit is brought the same alleged violation
is the subject of a pending civil or criminal action by the
United States under this Act. In any action under this
section the court may in the interest of justice award the
costs of suit, including reasonable attorneys' fees
(determined in accordance with section 11(f)) and reasonable
expert witnesses' fees.''.

SEC. 218. EFFECT OF RULES ON PREEMPTION.

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

SEC. 219. SHARING OF INFORMATION WITH FEDERAL, STATE, LOCAL,
AND FOREIGN GOVERNMENT AGENCIES.

Section 29 (15 U.S.C. 2078) is amended by adding at the end
the following:
``(f)(1) The Commission may make information obtained by
the Commission under this Act available (consistent with the
requirements of section 6) to any Federal, State, local, or
foreign government agency upon the prior certification of an
appropriate official of any such agency, either by a prior
agreement or memorandum of understanding with the Commission
or by other written certification, that such material will be
maintained in confidence and will be used only for official
law enforcement or consumer protection purposes, if--
``(A) the agency has set forth a bona fide legal basis for
its authority to maintain the material in confidence;
``(B) the materials are to be used for purposes of
investigating, or engaging in enforcement proceedings related
to, possible violations of--
``(i) laws regulating the manufacture, importation,
distribution, or sale of defective or unsafe consumer
products, or other practices substantially similar to
practices prohibited by any law administered by the
Commission;
``(ii) a law administered by the Commission, if disclosure
of the material would further a Commission investigation or
enforcement proceeding; or
``(iii) with respect to a foreign law enforcement agency,
with the approval of the Attorney General, other foreign
criminal laws, if such foreign criminal laws are offenses
defined in or covered by a criminal mutual legal assistance
treaty in force between the government of the United States
and the foreign law enforcement agency's government; and
``(C) in the case of a foreign government agency, such
agency is not from a foreign state that the Secretary of
State has determined, in accordance with section 6(j) of the
Export Administration Act of 1979 (50 U.S.C. App. 2405(j)),
has repeatedly provided support for acts of international
terrorism, unless and until such determination is rescinded
pursuant to section 6(j)(4) of that Act (50 U.S.C. App.
2405(j)(4)).
``(2) The Commission may abrogate any agreement or
memorandum of understanding entered into under paragraph (1)
if the Commission determines that the agency with which such
agreement or memorandum of understanding was entered into has
failed to maintain in confidence any information provided
under such agreement or memorandum of understanding, or has
used any such information for purposes other than those set
forth in such agreement or memorandum of understanding.
``(3)(A) Except as provided in subparagraph (B) of this
paragraph, the Commission shall not be required to disclose
under section 552 of title 5, United States Code, or any
other provision of law--
``(i) any material obtained from a foreign government
agency, if the foreign government agency has requested
confidential treatment, or has precluded such disclosure
under other use limitations, as a condition of providing the
material;
``(ii) any material reflecting a consumer complaint
obtained from any other foreign source, if that foreign
source supplying the material has requested confidential
treatment as a condition of providing the material; or
``(iii) any material reflecting a consumer complaint
submitted to a Commission reporting mechanism sponsored in
part by foreign government agencies.
``(B) Nothing in this subsection shall authorize the
Commission to withhold information from the Congress or
prevent the Commission from complying with an order of a
court of the United States in an action commenced by the
United States or the Commission.
``(4) In this subsection, the term `foreign government
agency' means--
``(A) any agency or judicial authority of a foreign
government, including a foreign state, a political
subdivision of a foreign state, or a multinational
organization constituted by and comprised of foreign states,
that is vested with law enforcement or investigative
authority in civil, criminal, or administrative matters; and
``(B) any multinational organization, to the extent that it
is acting on behalf of an entity described in subparagraph
(A).
``(g) Whenever the Commission is notified of any voluntary
recall of any consumer product self-initiated by a
manufacturer (or a retailer in the case of a retailer selling
a product under its own label), or issues an order under
section 15(c) or (d) with respect to any product, the
Commission shall notify each State's health department or
other agency designated by the State of the recall or
order.''.

SEC. 220. INSPECTOR GENERAL AUTHORITY AND ACCESSIBILITY.

(a) Report.--Not later than 60 days after the date of the
enactment of this Act, the Inspector General of the
Commission shall transmit a report to Congress on the
activities of the Inspector General, any structural barriers
which prevent the Inspector General from providing robust
oversight of the activities of the Commission, and any
additional authority or resources that would facilitate more
effective oversight.
(b) Employee Complaints.--
(1) In general.--The Inspector General of the Commission
shall conduct a review of--
(A) complaints received by the Inspector General from
employees of the Commission about violations of rules,
regulations, or the provisions of any Act enforced by the
Commission; and
(B) the process by which corrective action plans are
negotiated with such employees by the Commission, including
an assessment of the length of time for these negotiations
and the effectiveness of the plans.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Inspector General shall transmit a
report to the Commission and to Congress setting forth the
Inspector General's findings, conclusions, actions taken in
response to employee complaints, and recommendations.
(c) Complaint Procedure.--Not later than 30 days after the
date of enactment of this Act the Commission shall establish
and maintain on the homepage of the Commission's Internet
website a mechanism by which individuals may anonymously
report incidents of waste, fraud, or abuse with respect to
the Commission.

SEC. 221. REPEAL.

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

SEC. 222. INDUSTRY-SPONSORED TRAVEL BAN.

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

``SEC. 38. PROHIBITION ON INDUSTRY-SPONSORED TRAVEL.

``(a) Prohibition.--Notwithstanding section 1353 of title
31, United States Code, no Commissioner or employee of the
Commission shall accept travel, subsistence, and related
expenses with respect to attendance by a Commissioner or
employee at any meeting or similar function relating to
official duties of a Commissioner or an employee, from a
person--
``(1) seeking official action from, doing business with, or
conducting activities regulated by, the Commission; or
``(2) whose interests may be substantially affected by the
performance or nonperformance of the Commissioner's or
employee's official duties.
``(b) Authorization of Appropriations for Official
Travel.--There are authorized to be appropriated, for each of
fiscal years 2009 through 2011, $1,200,000 to the Commission
for certain travel and lodging expenses necessary in
furtherance of the official duties of Commissioners and
employees.''.

SEC. 223. ANNUAL REPORTING REQUIREMENT.

Section 27(j) (15 U.S.C. 2076(j)) is amended--
(1) in the matter preceding paragraph (1), by striking
``The Commission'' and inserting ``Notwithstanding section
3003 of the Federal Reports Elimination and Sunset Act of
1995 (31 U.S.C. 1113 note), the Commission''; and
(2) by redesignating paragraphs (5) through (11) as
paragraphs (6) through (12), respectively and inserting after
paragraph (4) the following:
``(5) the number and summary of recall orders issued under
section 12 or 15 during such year and a summary of voluntary
actions taken by manufacturers of which the Commission has
notified the public, and an assessment of such orders and
actions;''.

SEC. 224. STUDY ON THE EFFECTIVENESS OF AUTHORITY RELATING TO
IMPORTED PRODUCTS.

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