[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2045 Reported in Senate (RS)]
Calendar No. 523
110th CONGRESS
1st Session
S. 2045
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 12, 2007
Mr. Pryor (for himself, Mr. Inouye, Ms. Klobuchar, Mr. Durbin, Mr.
Nelson of Florida, Mr. Brown, Mr. Schumer, Mr. Menendez, and Mr. Casey)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
December 5, 2007
Reported by Mr. Inouye, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``CPSC Reform Act of
2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Consumer Product Safety Act.
Sec. 3. Reauthorization.
Sec. 4. Personnel.
Sec. 5. Full Commission requirement; interim quorum.
Sec. 6. Submission of copy of certain documents to Congress.
Sec. 7. Public disclosure of information.
Sec. 8. Rulemaking.
Sec. 9. Prohibition on stockpiling under other Commission-enforced
statutes.
Sec. 10. Third party certification of children's products.
Sec. 11. Tracking labels for products for children.
Sec. 12. Substantial product hazard reporting requirement.
Sec. 13. Corrective action plans.
Sec. 14. Identification of manufacturer by importers, retailers, and
distributors.
Sec. 15. Repeated importation offenses.
Sec. 16. Prohibited acts.
Sec. 17. Penalties.
Sec. 18. Preemption.
Sec. 19. Sharing of information with Federal, State, local, and foreign
agencies.
Sec. 20. Bonding.
Sec. 21. Enforcement by State attorneys general.
Sec. 22. Whistleblower protections.
Sec. 23. Ban on children's products containing lead; lead paint rule.
Sec. 24. Alternative measures of lead content.
Sec. 25. Study of preventable injuries and deaths of minority children
related to certain consumer products.
Sec. 26. Cost-benefit analysis under the Poison Prevention Packaging
Act of 1970.
Sec. 27. Inspector General reports.
Sec. 28. Public Internet website links.
Sec. 29. Child-resistant portable gasoline containers.
Sec. 30. Toy safety standard.
Sec. 31. All-terrain vehicle safety standard.
Sec. 32. Garage door opener standard.
Sec. 33. Reducing deaths and injuries from carbon monoxide poisoning.
Sec. 34. Completion of cigarette lighter rulemaking.
Sec. 35. Consumer product registration forms.
SEC. 2. AMENDMENT OF CONSUMER PRODUCT SAFETY ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, 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. REAUTHORIZATION.
(a) In General.--Section 32 (15 U.S.C. 2081) is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by striking subsections (a) and (b) and inserting the
following:
``(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) $88,500,000 for fiscal year 2010;
``(3) $96,800,000 for fiscal year 2011;
``(4) $106,480,000 for fiscal year 2012;
``(5) $117,128,000 for fiscal year 2013;
``(6) $128,841,000 for fiscal year 2014; and
``(7) $141,725,000 for fiscal year 2015.
``(b) There are authorized to be appropriated to the Commission for
the Office of Inspector General--
``(1) $1,600,000 for fiscal year 2009;
``(2) $1,770,000 for fiscal year 2010;
``(3) $1,936,000 for fiscal year 2011;
``(4) $2,129,600 for fiscal year 2012;
``(5) $2,342,560 for fiscal year 2013;
``(6) $2,576,820 for fiscal year 2014; and
``(7) $2,834,500 for fiscal year 2015.
``(c) There are authorized to be appropriated to the Commission for
the purpose of renovation, repair, construction, 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), $40,000,000 for fiscal years 2009 and 2010.
``(d) There are authorized to be appropriated to the Commission for
research, in cooperation with the National Institute of Science and
Technology, the Food and Drug Administration, and other relevant
Federal agencies into safety issues related to the use of
nanotechnology in consumer products, $1,000,000 for fiscal years 2009
and 2010.''.
SEC. 4. PERSONNEL.
(a) Professional Staff.--
(1) In general.--The Consumer Product Safety Commission
shall increase the number of fulltime 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.--The Consumer
Product Safety Commission shall hire at least 50 additional
personnel to be assigned to duty stations at United states
ports of entry, or to inspect overseas production facilities,
by October 1, 2010, subject to the availability of
appropriations.
(b) Professional Career Path.--The Commission shall develop and
implement a professional career development program for professional
staff to encourage retention of career personnel and provide
professional development opportunities for Commission employees.
(c) Change of Employment Status by Political Appointees.--An
individual who is employed by the Commission as a political appointee
(as defined in section 9803 of title 5, United States Code) may not be
appointed to a position in the competitive service under chapter 51 of
title 5, United States Code, or the Senior Executive Service under
subchapter II of chapter 31 of such title, by the Commission less than
1 year after termination of the individual's employment by the
Commission as a political appointee unless the appointment is
authorized by unanimous vote of the Commission.
(d) Personnel in Immediate Office of Commissioners.--The Commission
may not reduce the number of fulltime employees in the immediate office
of a commissioner unless the reduction is authorized by unanimous vote
of the Commission.
SEC. 5. FULL COMMISSION REQUIREMENT; INTERIM QUORUM.
(a) Number of Commissioners.--
(1) In general.--The Congress finds that it is necessary,
in order for the Consumer Product Safety Commission to function
effectively and carry out the purposes for which the Consumer
Product Safety Act was enacted, for the full complement of 5
members of the Commission to serve and participate in the
business of the Commission and urges the President to nominate
members to fill any vacancy in the membership of the Commission
as expeditiously as practicable.
(2) Repeal of limitation.--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).
(b) Temporary Quorum.--Notwithstanding section 4(d) of the Consumer
Product Safety Act (15 U.S.C. 2053(d)), 2 members of the Consumer
Product Safety Commission, if they are not affiliated with the same
political party, shall constitute a quorum for the transaction of
business for the 9-month period beginning on the date of enactment of
this Act.
SEC. 6. SUBMISSION OF COPY OF CERTAIN DOCUMENTS TO CONGRESS.
(a) In General.--Notwithstanding any rule, regulation, or order to
the contrary, the Commission shall comply with the requirements of
section 27(k) of the Consumer Product Safety Act (15 U.S.C. 2076(k))
with respect to budget recommendations, legislative recommendations,
testimony, and comments on legislation submitted by the Commission to
the President or the Office of Management and Budget after the date of
enactment of this Act.
(b) Reinstatement of Requirement.--Section 3003(d) of Public Law
104-66 (31 U.S.C. 1113 note) is amended--
(1) by striking ``or'' after the semicolon in paragraph
(31);
(2) by redesignating paragraph (32) as (33); and
(3) by inserting after paragraph (31) the following:
``(32) section 27(k) of the Consumer Product Safety Act (15
U.S.C. 2076(k)); or''.
SEC. 7. PUBLIC DISCLOSURE OF INFORMATION.
Section 6 (15 U.S.C. 2055) is amended--
(1) by inserting ``A manufacturer or private labeler shall
submit any such mark within 15 calendar days after the date on
which it receives the Commission's offer.'' after ``paragraph
(2).'' in subsection (a)(3);
(2) by striking subsection (a)(6) and inserting the
following:
``(6) If a manufacturer or private labeler receives a notification
from the Commission under paragraph (5) of the Commission's intent to
disclose a document marked as confidential by that manufacturer or
private labeler, it may appeal the determination of the Commission
under paragraph (5) with respect to that document. The appeal shall be
made in writing to the general counsel of the Commission before the
date set for release of the document and set forth the reason the
manufacturer or private labeler believes disclosure of the document is
barred by paragraph (2). The general counsel shall act on the appeal
within 30 days after receiving it. If the general counsel determines
that disclosure of the document is not barred by paragraph (2), the
manufacturer or private labeler may appeal the determination of the
general counsel to the full Commission, which shall decide within 15
days after receiving it whether the determination of the general
counsel is supported by the law and the evidence. The document may not
be disclosed during the pendency of an appeal under this paragraph.'';
and
(3) by striking subsection (b) and inserting the following:
``(b)(1) Except as provided by paragraph (3) of this subsection,
prior to its public disclosure of any information obtained under this
Act, or to be disclosed to the public in connection therewith (unless
the Commission finds that the public health and safety requires
otherwise), the Commission shall, to the extent practicable, notify and
provide a summary of the information to each manufacturer or private
labeler of any consumer product to which such information pertains, if
the manner in which such consumer product is to be designated or
described in such information will permit the public to ascertain
readily the identity of such manufacturer or private labeler, and shall
provide such manufacturer or private labeler not less than 15 days to
submit comments to the Commission as to the accuracy of such
information.
``(2) In disclosing any information under this subsection, the
Commission may, and upon the request of the manufacturer or private
labeler shall, include with the disclosure any comments or other
information or a summary thereof submitted under paragraph (1) by such
manufacturer or private labeler as an addendum.
``(3) Paragraphs (1) and (2) of this subsection do not apply to the
public disclosure of--
``(A) information about any consumer product--
``(i) with respect to which the Commission has
filed an action under section 12;
``(ii) with respect to which the Commission has
issued a complaint under section 15(c) or (d) alleging
that such product presents a substantial product
hazard; or
``(iii) which the Commission has reasonable cause
to believe is in violation of any regulation
promulgated by the Commission or any Act enforced by
the Commission, or where the Commission determines that
the public health or safety requires immediate
disclosure or a substantial product hazard exists;
``(B) information in the course of, or concerning, a
rulemaking proceeding (which shall commence upon the
publication of an advance notice of proposed rulemaking or a
notice of proposed rulemaking), an adjudicatory proceeding
(which shall commence upon the issuance of a complaint), or
other administrative or judicial proceeding under this Act.
``(4) If, after the commencement of a rulemaking or the initiation
of an adjudicatory proceeding, the Commission decides to terminate the
proceeding before taking final action, the Commission shall, in a
manner equivalent to that in which such commencement or initiation was
publicized, take reasonable steps to make known the decision to
terminate.
``(5) The Commission may not disclose the names or addresses of
consumers pursuant to its authority under this section unless the
consumer consents in writing to the disclosure.''.
SEC. 8. 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''; and
(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,''.
(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''; 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) Other conforming amendments.--The Federal Hazardous
Substances Act (15 U.S.C. 1261 et seq.) is amended--
(A) by striking paragraphs (c) and (d) of section 2
and inserting the following:
``(c) The term `Commission' means the Consumer Product
Safety Commission.'';
(B) by striking ``Secretary'' each place it appears
and inserting ``Commission'' except--
(i) in section 10(b) (15 U.S.C. 1269(b));
(ii) in section 14 (15 U.S.C. 1273); and
(iii) in section 21(a) (15 U.S.C. 1276(a));
(C) by striking ``Department'' each place it
appears, except in sections 5(c)(6)(D)(i) and 14(b) (15
U.S.C. 1264(c)(6)(D)(i) and 1273(b)), and inserting
``Commission'';
(D) by striking ``he'' and ``his'' each place they
appear in reference to the Secretary and inserting
``it'' and ``its'', respectively;
(E) by striking ``Secretary of Health, Education,
and Welfare'' each place it appears in section 10(b)
(15 U.S.C. 1269(b)) and inserting ``Commission'';
(F) by striking ``Secretary of Health, Education,
and Welfare'' each place it appears in section 14 (15
U.S.C. 1273) and inserting ``Commission'';
(G) by striking ``Department of Health, Education,
and Welfare'' in section 14(b) (15 U.S.C. 1273(b)) and
inserting ``Commission'';
(H) by striking ``Consumer Product Safety
Commission'' each place it appears and inserting
``Commission'';
(I) by striking ``(hereinafter in this section
referred to as the `Commission')'' in section 14(d) (15
U.S.C. 1273(d)) and section 20(a)(1) (15 U.S.C.
1275(a)(1)); and
(J) by striking paragraph (5) of section 18(b) (15
U.S.C. 1261 note).
(c) Rulemaking under Flammable Fabrics Act.--
(1) In general.--Section 4 of the Flammable Fabrics Act (15
U.S.C. 1193) is amended--
(A) by striking ``shall be commenced'' in
subsection (g) and inserting ``may be commenced by a
notice of proposed rulemaking or''; and
(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''.
(2) Other conforming amendments.--The Flammable Fabrics Act
(15 U.S.C. 1193) is amended--
(A) by striking paragraph (i) of section 2 (15
U.S.C. 1191(i)) and inserting the following:
``(i) The term `Commission' means the Consumer Product
Safety Commission.'';
(B) by striking ``Secretary of Commerce'' each
place it appears and inserting ``Commission'';
(C) by striking ``Secretary'' each place it appears
and inserting ``Commission'', except in sections 9 and
14 (15 U.S.C. 1198 and 1201);
(D) by striking ``he'' and ``his'' each place they
appear in reference to the Secretary and inserting
``it'' and ``its'', respectively;
(E) by striking paragraph (5) of section 4(e) (15
U.S.C. 1193(e)) and redesignating paragraph (6) as
paragraph (5);
(F) by striking ``Consumer Product Safety
Commission (hereinafter in this section referred to as
the `Commission')'' in section 15 (15 U.S.C. 1202) and
inserting ``Commission'';
(G) by striking section 16(d) (15 U.S.C. 1203(d))
and inserting the following:
``(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. 9. 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. 10. THIRD PARTY CERTIFICATION OF CHILDREN'S PRODUCTS.
(a) In General.--Section 14(a) (15 U.S.C. 2063(a)) is amended--
(1) by redesignating paragraph (2) as paragraph (5);
(2) by striking ``Every manufacturer'' in paragraph (1) and
inserting ``Except as provided in paragraph (2), every
manufacturer'';
(3) by designating the second and third sentences of
subsection (a) as paragraphs (3) and (4), respectively;
(4) by inserting after paragraph (1) the following:
``(2) Every manufacturer of a children's product (and the private
labeler of such product if it bears a private label) which is subject
to a consumer product safety standard under this Act, or a rule under
this or any other Act enforced by the Commission declaring a consumer
product a banned hazardous product, shall--
``(A) have the product tested by a third party laboratory
qualified to perform such tests or testing programs; and
``(B) issue a certification which shall--
``(i) certify that such product conforms to such
consumer product safety standard or is not a banned
hazardous product under such rule; and
``(ii) specify the applicable consumer product
safety standard or rule.'';
(6) by striking ``Such certificate shall'' in paragraph (3)
as redesignated by paragraph (1) and inserting ``A certificate
required under this subsection shall''; and
(7) in paragraph (5), as redesignated by paragraph (1)--
(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) Section 14(b) (15 U.S.C. 2063(b)) is amended--
(1) by inserting ``(1)'' before the first sentence;
(2) by designating the second sentence as paragraph (2);
and
(3) in paragraph (2), as so designated, by striking ``Any
test or'' and inserting ``Except as provided in subsection
(a)(2), any test or''.
(c) Advertising, Labeling, and Packaging Representation.--Section
14(c) (15 U.S.C. 2063(c)) is amended--
(1) by striking ``(c) The'' and inserting ``(c)(1) The'';
(2) by striking ``rule)--'' and inserting ``rule):'';
(3) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(4) by indenting the sentence beginning ``Such labels'' and
inserting ``(2)'' before ``Such labels''; and
(5) by adding at the end thereof the following:
``(4) If an advertisement, label, or package contains a reference
to a consumer product safety standard, a statement with respect to
whether the product meets all requirements of that standard.''.
(d) Children's Products; Testing by Independent Third Laboratories;
Certification.--Section 14 (15 U.S.C. 2063) is amended by adding at the
end the following:
``(d) Application to Other Consumer Products; Certifier Standards;
Audit.--
``(1) In general.--The Commission--
``(A) within 1 year after the date of enactment of
the CPSC Reform Act of 2007 shall by rule--
``(i) establish protocols and standards--
``(I) for acceptance of
certification or continuing guarantees
of compliance by manufacturers under
this section; and
``(II) for verifying that products
tested by third party laboratories
comply with applicable standards under
this Act and other Acts enforced by the
Commission;
``(ii) prescribe standards for
accreditation of third party laboratories,
either by the Commission or by 1 or more
independent standard-setting organizations to
which the Commission delegates authority, to
engage in certifying compliance under
subsection (a)(2) for children's products or
products to which the Commission extends the
certification requirements of that subsection;
``(iii) establish requirements, or delegate
authority to 1 or more independent standard-
setting organizations, for third party
laboratory testing, as the Commission
determines to be necessary to ensure compliance
with any applicable rule or order, of random
samples of products certified under this
section to determine whether they meet the
requirements for certification;
``(iv) establish requirements for periodic
audits of third party laboratories by an
independent standard-setting organization as a
condition for accreditation of such
laboratories under this section; and
``(v) establish a program by which
manufacturers may label products as compliant
with the certification requirements of
subsection (a)(2); and
``(B) may by rule extend the certification
requirements of subsection (a)(2) to other consumer
products or to classes or categories of consumer
products.
``(2) Interim procedure.--Within 30 days after the date of
enactment of the CPSC Reform Act of 2007, the Commission
shall--
``(A) consider existing laboratory testing
certification procedures established by independent
standard-setting organizations; and
``(B) designate an existing procedure for
manufacturers of children's products to follow until
the Commission issues a final rule under paragraph
(1)(A).
``(e) Definitions.--In this section:
``(1) Children's product.--The term `children's product'
means a product (other than a medication, drug, or food)
designed or intended for use by, or care of, a child 7 years of
age or younger that is introduced into the interstate stream of
commerce. In determining whether a product is intended for use
by a child 7 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) The context and manner of the advertising,
promotion, and marketing associated with the product.
``(C) Whether the product is commonly recognized by
consumers as being intended for use by a child 7 years
of age or younger.
``(D) The Age Determination Guideline issued by the
Consumer Product Safety Commission in September 2002
and any subsequent version of such Guideline.
``(2) Third party laboratory.--
``(A) In general.--The term `third party
laboratory' means a testing entity that--
``(i) is designated by the Commission, or
by an independent standard-setting organization
to which the Commission delegates the authority
to make such a designation, as a testing
laboratory that is competent to test products
for compliance with applicable safety standards
under this Act and other Acts enforced by the
Commission; and
``(ii) except as provided in subparagraph
(B), is a non-governmental entity that is not
owned, managed, controlled, or directed by the
manufacturer or private labeler.
``(B) Exception for proprietary laboratories.--Upon
request, the Commission may certify a laboratory that
is owned, managed, controlled, or directed by the
manufacturer or private labeler as a third party
laboratory if the Commission--
``(i) finds that certification of the
laboratory would provide equal or greater
consumer safety protection than the
manufacturer's use of an independent third
party laboratory;
``(ii) establishes 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
``(iii) establishes procedures for
confidential reporting of allegations of undue
influence to the Commission.
``(C) Decertification.--The Commission, or an
independent standard-setting organization to which the
Commission has delegated such authority, may decertify
a third party laboratory if it finds, after notice and
investigation, that a manufacturer or private labeler
has exerted undue influence on the laboratory.''.
(e) Label and Certification.--Not later than 1 year after the date
of the enactment of this Act, the Consumer Product Safety Commission
shall prescribe a rule in accordance with section 14(a)(5) and (d) of
the Consumer Product Safety Act (15 U.S.C. 2063(a)(5) and (d)) for
children's products (as defined in subsection (e) of such section).
(f) Prohibition on Imports of Children's Products Without Third
Party Testing Certification.--Section 17(a) (15 U.S.C. 2066(a)) is
amended--
(1) by striking ``or'' at the end of paragraph (4);
(2) by striking ``(g).'' in paragraph (5) and inserting a
``(g); or''; and
(3) by adding at the end the following:
``(6) is a children's product, as that term is defined in
section 14(e), or a product for which the Commission, under
section 14(d)(1), has required certification under section
14(a)(2), that is not accompanied by a certificate from a third
party as required by section 14(a)(2).''.
SEC. 11. TRACKING LABELS FOR PRODUCTS FOR CHILDREN.
(a) Labeling Requirement for Internet and Catalogue Advertising of
Certain 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) Internet, Catalogue, and Other Advertising.--
``(1) Requirement.--
``(A) Cautionary statement.--Any advertisement
posted by a manufacturer, retailer, distributor,
private labeler, or licensor for any toy, game,
balloon, small ball, or marble that requires a
cautionary statement under subsections (a) and (b),
including any 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.
``(B) Display.--The cautionary statement described
in subparagraph (A) shall be prominently displayed--
``(i) in the primary language used in the
advertisement, catalogue, or Internet website;
``(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.
``(C) Definitions.--In this paragraph, the terms
`manufacturer, retailer, distributor, private labeler,
and licensor'--
``(i) mean any individual who, by such
individual's occupation holds himself or
herself out as having knowledge or skill
peculiar to consumer products, including any
person who is in the business of manufacturing,
selling, distributing, labeling, licensing, or
otherwise placing in the stream of commerce
consumer products; but
``(ii) do not include an individual whose
selling activity is intermittent and does not
constitute a trade or business.
``(2) Enforcement.--The requirement under paragraph (1)
shall be treated as a consumer product safety standard
promulgated under section 7 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 of such
Act (15 U.S.C. 2068).''.
(b) Tracking Labels for Products for Children.--Section 14(a) of
the Consumer Product Safety Act (15 U.S.C. 2063(a)), as amended by
section 10(a) of this Act, is further amended by adding at the end
thereof the following:
``(6) The manufacturer of a children's product or other
consumer product (as may be required by the Commission in its
discretion after a rulemaking proceeding) shall place
distinguishing marks on the product and its packaging, to the
extent practicable, that will enable the ultimate purchaser to
ascertain the source, date, and cohort (including the batch,
run number, or other identifying characteristic) of production
of the product by reference to those marks.''.
SEC. 12. SUBSTANTIAL PRODUCT HAZARD REPORTING REQUIREMENT.
Section 15(b) (15 U.S.C. 2064(b)) is amended--
(1) by striking ``consumer product distributed in
commerce,'' and inserting ``consumer product (or other product
or substance over which the Commission has jurisdiction under
this or any other Act) distributed in commerce,'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(3) by inserting after paragraph (1) the following:
``(2) fails to comply with any rule or standard promulgated
by the Commission under this or any other Act;''.
SEC. 13. CORRECTIVE ACTION PLANS.
Section 15(d) (15 U.S.C. 2064(d)) is amended--
(1) by inserting ``(1)'' after ``(d)'';
(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 ``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:'';
(6) by indenting the sentence beginning ``An order'' and
inserting ``(2)'' before ``An order'';
(7) by striking ``satisfactory to the Commission,'' and
inserting ``for approval by the Commission,'';
(8) by striking ``described in paragraph (3).'' and
inserting ``described in paragraph (1)(C).''; and
(9) by adding at the end the following:
``(3)(A) If the Commission approves an action plan, it shall
indicate its approval in writing.
``(B) If the Commission finds that an approved action plan is not
effective, or that the manufacturer, retailer, or distributor is not
executing an approved action plan effectively, the Commission may by
order amend, or require amendment of, the action plan.
``(C) If the Commission determines, after notice and opportunity
for comment, that a manufacturer, retailer, or distributor has failed
to comply substantially with its obligations under its action plan, the
Commission may revoke its approval of the action plan. The
manufacturer, retailer, or distributor to which the action plan applies
may not distribute the product to which the action plan relates in
commerce after receipt of notice of a revocation of the action plan.''.
SEC. 14. IDENTIFICATION OF MANUFACTURER BY IMPORTERS, RETAILERS, AND
DISTRIBUTORS.
Section 16 (15 U.S.C. 2065) is amended by adding at the end thereof
the following:
``(c) Upon request by an officer or employee duly designated by the
Commission--
``(1) every importer, retailer, or distributor of a
consumer product (or other product or substance over which the
Commission has jurisdiction under this or any other Act) shall
identify the manufacturer of that product by name, address, or
such other identifying information as the officer or employee
may request; 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 it
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 it obtained a
component thereof.''.
SEC. 15. REPEATED IMPORTATION OFFENSES.
Section 17 (15 U.S.C. 2066) is amended by adding at the end thereof
the following:
``(i)(1) The Commission may--
``(A) designate as a repeat offender, after notice and an
opportunity for a hearing, any customs broker found by the
Commission to have aided and abetted the importation of a
consumer product in violation of subsection (a) on multiple
occasions (disregarding de minimus violations thereof); and
``(B) refer any such customs broker to United States
Customs and Border Protection with a recommendation that its
customs broker license be revoked in accordance with that
agency's procedures.
``(2) The United States Customs and Border Protection shall revoke
the customs broker license of any customs broker referred to it under
paragraph (1)(B).''.
SEC. 16. PROHIBITED ACTS.
(a) Sale of Recalled Products.--Section 19(a) (15 U.S.C. 2068(a))
is 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 this Act or 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, but only if the seller, distributor, or
manufacturer knew or should have known of such
voluntary corrective action; or
``(C) subject to an order issued under section 12
or 15 of this Act, designated a banned hazardous
substance under the Federal Hazardous Substances Act
(15 U.S.C. 1261 et seq.);'';
(2) by striking ``or'' after the semicolon in paragraph
(7);
(3) by striking ``and'' after the semicolon in paragraph
(8);
(4) by striking ``insulation).'' in paragraph (9) and
inserting ``insulation);''; and
(5) by striking ``18(b).'' in paragraph (10) and inserting
``18(b); or''.
(b) Export of Recalled Products.--
(1) In general.--Section 18 (15 U.S.C. 2067) is amended by
adding at the end thereof the following:
``(c) Notwithstanding any other provision of law, the Commission
may prohibit a person from exporting from the United States for purpose
of sale any consumer product, or other product or substance that is
regulated under this Act of any other 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 standard under this Act or with a similar rule
under any such other Act and does not violate applicable safety
standards established by the importing country;
``(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 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 mandatory corrective action under this Act
or any other Act enforced by the Commission if voluntary
corrective action had not been taken by the manufacturer,
except that the Commission may permit such a product to be
exported if it meets applicable safety standards established by
the importing country.''.
(2) Penalty.--Section 19(a) (15 U.S.C. 2068(a)), as amended
by subsection (a) of this section, is further amended--
(A) by striking ``or'' after the semicolon in
paragraph (10);
(B) by striking ``37.'' in paragraph (11) and
inserting ``37; or''; and
(C) by adding at the end thereof the following:
``(12) violate an order of the Commission under section
18(c).''.
(3) Conforming amendments to other acts.--
(A) 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,''.
(B) Flammable fabrics act.--Section 15 of the
Flammable Fabrics Act (15 U.S.C. 1202) is amended by
adding at the end thereof the following:
``(d) Notwithstanding any other provision of law, the Consumer
Product Safety Commission may prohibit 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 standard 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 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 mandatory corrective action under this or
another Act enforced by the Commission if voluntary corrective
action had not been taken by the manufacturer.''.
(c) False Certification of Compliance With Testing Laboratory
Standard.--Section 19(a) (15 U.S.C. 2068(a)), as amended by subsection
(b)(2) of this section, is further amended--
(1) by striking ``or'' after the semicolon in paragraph
(11);
(2) by striking ``18(c).'' in paragraph (12) and inserting
``18(c); or''; and
(3) by adding at the end thereof the following:
``(13) sell, offer for sale, distribute in commerce, or
import into the United States any consumer product bearing a
false certification mark of compliance with a safety standard
established by a nationally recognized testing laboratory if
such person knew or should have known that the certification
mark was false.''.
(d) Misrepresentation of Information in Investigation.--Section
19(a) (15 U.S.C. 2068(a)), as amended by subsection (c) of this
section, is further amended--
(1) by striking ``or'' after the semicolon in paragraph
(12);
(2) by striking ``false.'' in paragraph (13) and inserting
``false; or''; and
(3) by adding at the end thereof the following:
``(14) 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.''.
(e) Certificates of Compliance With Mandatory Standards.--Section
19(a)(6) (15 U.S.C. 2068(a)(6)) is amended 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 rule under
section 14(c);''.
(f) Undue Influence on Third Party Laboratories.--Section 19(a) (15
U.S.C. 2068(a)), as amended by subsection (d) of this section, is
further amended--
(1) by striking ``or'' after the semicolon in paragraph
(13);
(2) by striking ``Commission.'' in paragraph (14) and
inserting ``Commission; or''; and
(3) by adding at the end thereof the following:
``(15) exercise, or attempt to exercise, undue influence on
a third party laboratory (as defined in section 14(e)(2)) with
respect to the testing, or reporting of the results of testing,
of any product for compliance with a standard under this Act or
any other Act enforced by the Commission.''.
SEC. 17. PENALTIES.
(a) Civil Penalties.--
(1) In general.--Section 20(a) (15 U.S.C. 2069(a)) is
amended--
(A) by striking ``$5,000'' and inserting
``$250,000'';
(B) by striking ``$1,250,000'' each place it
appears and inserting ``$100,000,000''; and
(C) by striking ``December 1, 1994,'' in paragraph
(3)(B) and inserting ``December 1, 2011,''.
(2) Federal hazardous substances act.--Section 15(c) of the
Federal Hazardous Substances Act (15 U.S.C. 1264(c)) is
amended--
(A) by striking ``$5,000'' in paragraph (1) and
inserting ``$250,000'';
(B) by striking ``$1,250,000'' each place it
appears in paragraph (1) and inserting
``$100,000,000''; and
(C) by striking ``December 1, 1994,'' in paragraph
(6)(B) and inserting ``December 1, 2011,''.
(3) Flammable fabrics act.--Section 5(e) of the Flammable
Fabrics Act (15 U.S.C. 1194(e)) is amended--
(A) by striking ``$5,000'' in paragraph (1) and
inserting ``$250,000'';
(B) by striking ``$1,250,000'' in paragraph (1) and
inserting ``$100,000,000''; and
(C) by striking ``December 1, 1994,'' in paragraph
(5)(B) and inserting ``December 1, 2011,''.
(b) 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--
``(A) 1 year for a knowing violation of that
section; or
``(B) 5 years for a knowing and willful violation
of that section; and
``(2) a fine determined under section 3571 of title 18,
United States Code.''.
(2) Directors, officers, and agents.--Section 21(b) (15
U.S.C. 2070(b)) is amended--
(A) by striking ``and willfully''; and
(B) 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 to read as follows:
``(a) In General.--Violation of section 4 of this Act is punishable
by--
``(1) imprisonment for not more than--
``(A) 1 year for a knowing violation of that
section; or
``(B) 5 years for a knowing and willful violation
of that section; and
``(2) a fine determined under section 3571 of title 18,
United States Code.''.
(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--
``(A) 1 year for a knowing violation of that
section; or
``(B) 5 years for a knowing and willful violation
of that section; and
``(2) a fine determined under section 3571 of title 18,
United States Code.''.
(c) Civil Penalty Criteria.--Within 1 year after the date of
enactment of this Act, the Consumer Product Safety Commission shall
initiate a rulemaking in accordance with section 553 of title 5, United
States Code, to establish criteria for the imposition of civil
penalties under section 20 of the Consumer Product Safety Act (15
U.S.C. 2069) and any other Act enforced by the Commission, including
factors to be considered in establishing the amount of such penalties,
such as repeat violations, the precedential value of prior adjudicated
penalties, the factors described in section 20(b) of the Consumer
Product Safety Act (15 U.S.C. 2069(b)), and other circumstances.
(d) Criminal Penalties To Include Asset Forfeiture.--Section 21 (15
U.S.C. 2070) is amended by adding at the end thereof the following:
``(c)(1) In addition to the penalties provided by subsection (a),
the penalty for a criminal violation of this Act or any other Act
enforced by the Commission may include the forfeiture of assets
associated with the violation.
``(2) In this subsection, the term `criminal violation' means a
violation of this Act of any other Act enforced by the Commission for
which the violator is sentenced to pay a fine, be imprisoned, or
both.''.
SEC. 18. PREEMPTION.
(a) Effect of Rules and Policy Statements on 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.
(b) Clarification of 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 7 of the Poison Packaging Prevention Act or
1970 (15 U.S.C. 1476), and section 16 of the Flammable Fabrics Act (15
U.S.C. 1203) shall be preemptive of any State or local law, or any
cause of action under State or local law, only to the extent provided
in those Acts unless compliance with duties imposed by State law would
make compliance with the Federal rule or regulations promulgated under
those Acts impossible.
SEC. 19. 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 thereof
the following:
``(f)(1) The Commission may make information obtained by the
Commission under section 6 available to any Federal, State, local, or
foreign government agency upon the prior certification of an
appropriate official of any such agency, either by a prior agreement or
memorandum of understanding with the Commission or by other written
certification, that such material will be maintained in confidence and
will be used only for official law enforcement or consumer protection
purposes, if--
``(A) the agency has set forth a bona fide legal basis for
its authority to maintain the material in confidence;
``(B) the materials are to be used for purposes of
investigating, or engaging in enforcement proceedings related
to, possible violations of--
``(i) laws regulating the manufacture, importation,
distribution, or sale of defective or unsafe consumer
products, or other practices substantially similar to
practices prohibited by any law administered by the
Commission;
``(ii) a law administered by the Commission, if
disclosure of the material would further a Commission
investigation or enforcement proceeding; or
``(iii) with respect to a foreign law enforcement
agency, with the approval of the Attorney General,
other foreign criminal laws, if such foreign criminal
laws are offenses defined in or covered by a criminal
mutual legal assistance treaty in force between the
government of the United States and the foreign law
enforcement agency's government; and
``(C) the foreign government agency is not from a foreign
state that the Secretary of State has determined, in accordance
with section 6(j) of the Export Administration Act of 1979 (50
U.S.C. App. 2405(j)), has repeatedly provided support for acts
of international terrorism, unless and until such determination
is rescinded pursuant to section 6(j)(4) of that Act (50 U.S.C.
App. 2405(j)(4)).
``(2) Except as provided in paragraph (3) of this subsection, 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 the 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.
``(3) 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) The Commission may terminate a memorandum of understanding or
other agreement with another agency if it determines that the other
agency has not handled information made available by the Commission
under paragraph (1) or has failed to maintain confidentiality with
respect to the information.
``(5) 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).''.
SEC. 20. BONDING.
(a) In General.--The Act (15 U.S.C. 2051 et seq.) is amended by
adding at the end thereof the following:
``bond authority
``Sec. 39. (a) The Commission, in a rulemaking proceeding, may
require the posting of a bond (or other security acceptable to the
Commission) by--
``(1) a person that has committed multiple significant
violations of this Act or any rule or Act enforced by the
Commission;
``(2) the manufacturer or distributor of a category or
class of consumer products; or
``(3) the manufacturer or distributor of any consumer
product or any product or substance regulated under any other
Act enforced by the Commission.
``(b) Amount.--The bond or other security required by the
Commission under subsection (a) shall be in an amount sufficient--
``(1) to cover the costs of an effective recall of the
product or substance; or
``(2) in the case of an imported product or substance, to
cover the costs of holding the product or substance at the port
and the destruction of the product should such action be
required by the Commission under this Act or any other Act
enforced by the Commission.''.
(b) Conforming Amendments.--
(1) The table of contents is amended by striking the item
relating to section 10 and inserting the following:
``Sec. 10. [Repealed].''.
(2) The table of contents is amended by inserting after the
item relating to section 34 the following:
``Sec. 35. Interim cellulose insulation safety standard.
``Sec. 36. Congressional veto of consumer product safety rules.
``Sec. 37. Information reporting.
``Sec. 38. Low-speed electric bicycles.
``Sec. 39. Bonding authority.''.
SEC. 21. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
(a) In General.--The Act (15 U.S.C. 2051 et seq.) is amended by
inserting after section 26 the following:
``enforcement by state attorneys general
``Sec. 26A. (a) Except as provided in subsection (f), a State, as
parens patriae, may bring a civil action on behalf of its residents in
an appropriate State or district court of the United States to enforce
the provisions of this Act or any other Act enforced by the Commission
to obtain penalties and relief provided under such Acts whenever the
attorney general of the State has reason to believe that the interests
of the residents of the State have been or are being threatened or
adversely affected by a manufacturer, distributor, or retailer entity
that violates this Act or a regulation under this Act.
``(b) The State shall serve written notice to the Commission of any
civil action under subsection (a) at least 60 days prior to initiating
such civil action. The notice shall include a copy of the complaint to
be filed to initiate such civil action, except that if it is not
feasible for the State to provide such prior notice, the State shall
provide notice immediately upon instituting such civil action.
``(c) Upon receiving the notice required by subsection (b), the
Commission may intervene in such civil action and upon intervening--
``(1) be heard on all matters arising in such civil action;
and
``(2) file petitions for appeal of a decision in such civil
action.
``(d) Nothing in this section shall prevent the attorney general of
a State from exercising the powers conferred on the attorney general by
the laws of such State to conduct investigations or to administer oaths
or affirmations or to compel the attendance of witnesses or the
production of documentary and other evidence.
``(e) In a civil action brought under subsection (a)--
``(1) the venue shall be a judicial district in which--
``(A) the manufacturer, distributor, or retailer
operates; or
``(B) the manufacturer, distributor, or retailer is
authorized to do business;
``(2) process may be served without regard to the
territorial limits of the district or of the State in which the
civil action is instituted; and
``(3) a person who participated with a manufacturer,
distributor, or retailer in an alleged violation that is being
litigated in the civil action may be joined in the civil action
without regard to the residence of the person.
``(f) If the Commission has instituted a civil action or an
administrative action for violation of this Act or any other Act
enforced by the Commission, no State attorney general, or other
official or agency of a State, may bring an action under this section
during the pendency of that action against any defendant named in the
complaint of the Commission for any violation of this Act alleged in
the complaint.
``(g) If the attorney general of the State prevails in any civil
action under subsection (a), it can recover reasonable costs and
attorney fees from the manufacturer, distributor, or retailer.''.
(b) Conforming Amendment.--The table of contents is amended by
inserting after the item relating to section 26 the following:
``Sec. 26A. Enforcement by state attorneys general.''.
SEC. 22. WHISTLEBLOWER PROTECTIONS.
(a) In General.--The Act (15 U.S.C. 2051 et seq.), as amended by
section 20, is further amended by adding at the end the following:
``whistleblower protection
``Sec. 40. (a) No manufacturer, private labeler, distributor, or
retailer, nor any Federal, State, or local government agency, 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 or alleged violation of any order,
regulation, or consumer product safety standard under this Act
or any other law enforced by the Commission (or by the attorney
general of a State under section 21);
``(2) testified or is about to testify in such a
proceeding;
``(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 an applicable law or to be a substantial and specific danger
to public health or safety.
``(b)(1) If the Commission, or the attorney general of a State,
proceeds with an action against a manufacturer, private labeler,
distributor, or retailer for a violation of this Act or any other Act
enforced by the Commission, on the basis of information provided by
such an employee, the employee shall receive at least 15 percent but
not more than 25 percent of any civil penalty assessed and collected by
the Commission, or attorney general, for the violation, depending upon
the extent to which the information provided by the employee
substantially contributed to the enforcement action, as determined by
the Commission.
``(2) If the Commission's action is based primarily on disclosures
of specific information (other than information provided by the
employee) relating to allegations or transactions in a criminal, civil,
or administrative hearing, in a congressional, administrative, or
Government Accountability Office report, hearing, audit, or
investigation, or from the news media, the Commission may award such
sums as it considers appropriate to the employee, but in no case more
than 10 percent of the civil penalty assessed and collected, taking
into account the significance of the information and the role of the
employee.
``(3) In the case of an action brought by the attorney general of a
State under section 21, the amount of any civil penalty to which such
an employee may be entitled shall be determined by the Commission,
subject to the limitations in paragraph (1) and (2), in consultation
with the attorney general that brought the action.
``(c)(1) A person who believes that he or she has been discharged
or otherwise discriminated against by any person in violation of
subsection (a) may, not later than 1 year after the date on which such
violation occurs, file (or have any person file on his or her behalf) a
complaint with the Secretary of Labor alleging such discharge or
discrimination and identifying the person responsible for such act.
Upon receipt of such a complaint, the Secretary shall notify, in
writing, the person named in the complaint of the filing of the
complaint, of the allegations contained in the complaint, of the
substance of evidence supporting the complaint, and of the
opportunities that will be afforded to such person under paragraph (2).
``(2)(A) Not later than 60 days after the date of receipt of a
complaint filed under paragraph (1) and after affording the complainant
and the person named in the complaint an opportunity to submit to the
Secretary a written response to the complaint and an opportunity to
meet with a representative of the Secretary to present statements from
witnesses, the Secretary shall initiate an investigation and determine
whether there is reasonable cause to believe that the complaint has
merit and notify, in writing, the complainant and the person alleged to
have committed a violation of subsection (a) of the Secretary's
findings. If the Secretary concludes that there is reasonable cause to
believe that a violation of subsection (a) has occurred, the Secretary
shall accompany the Secretary's findings with a preliminary order
providing the relief prescribed by paragraph (3)(B). Not later than 30
days after the date of notification of findings under this paragraph,
either the person alleged to have committed the violation or the
complainant may file objections to the findings or preliminary order,
or both, and request a hearing on the record. The filing of such
objections shall not operate to stay any reinstatement remedy contained
in the preliminary order. Any such hearing shall be conducted
expeditiously. If a hearing is not requested in such 30-day period, the
preliminary order shall be deemed a final order that is not subject to
judicial review.
``(B)(i) The Secretary shall dismiss a complaint filed under this
subsection and shall not conduct an investigation otherwise required
under subparagraph (A) unless the complainant makes a prima facie
showing that any behavior described in paragraphs (1) through (4) of
subsection (a) was a contributing factor in the unfavorable personnel
action alleged in the complaint.
``(ii) Notwithstanding a finding by the Secretary that the
complainant has made the showing required under clause (i), no
investigation otherwise required under subparagraph (A) shall be
conducted if the employer demonstrates, by clear and convincing
evidence, that the employer would have taken the same unfavorable
personnel action in the absence of that behavior.
``(iii) The Secretary may determine that a violation of subsection
(a) has occurred only if the complainant demonstrates that any behavior
described in paragraphs (1) through (4) of subsection (a) was a
contributing factor in the unfavorable personnel action alleged in the
complaint.
``(iv) Relief may not be ordered under subparagraph (A) if the
employer demonstrates by clear and convincing evidence that the
employer would have taken the same unfavorable personnel action in the
absence of that behavior.
``(3)(A) Not later than 120 days after the date of conclusion of
any hearing under paragraph (2), the Secretary shall issue a final
order providing the relief prescribed by this paragraph or denying the
complaint. At any time before issuance of a final order, a proceeding
under this subsection may be terminated on the basis of a settlement
agreement entered into by the Secretary, the complainant, and the
person alleged to have committed the violation.
``(B) If, in response to a complaint filed under paragraph (1), the
Secretary determines that a violation of subsection (a) has occurred,
the Secretary shall order the person who committed such violation--
``(i) to take affirmative action to abate the violation;
``(ii) to reinstate the complainant to his or her former
position together with compensation (including back pay) and
restore the terms, conditions, and privileges associated with
his or her employment; and
``(iii) to provide compensatory damages to the complainant.
If such an order is issued under this paragraph, the Secretary, at the
request of the complainant, shall assess against the person against
whom the order is issued a sum equal to the aggregate amount of all
costs and expenses (including attorneys' and expert witness fees)
reasonably incurred, as determined by the Secretary, by the complainant
for, or in connection with, the bringing of the complaint upon which
the order was issued.
``(C) If the Secretary finds that a complaint under paragraph (1)
is frivolous or has been brought in bad faith, the Secretary may award
to the prevailing employer a reasonable attorneys' fee, not exceeding
$1,000, to be paid by the complainant.
``(4) If the Secretary has not issued a final decision within 180
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 appropriate relief to the
employee available by law or equity, including injunctive relief,
compensatory and consequential damages, reasonable attorneys and expert
witness fees, court costs, and punitive damages up to $250,000.
``(5)(A) Any person adversely affected or aggrieved by a final
order issued under paragraph (3) may obtain review of the order in the
United States Court of Appeals for the circuit in which the violation,
with respect to which the order was issued, allegedly occurred or the
circuit in which the complainant resided on the date of such violation.
The petition for review must be filed not later than 60 days after the
date of the issuance of the final order of the Secretary. Review shall
conform to chapter 7 of title 5, United States Code. The commencement
of proceedings under this subparagraph shall not, unless ordered by the
court, operate as a stay of the order.
``(B) An order of the Secretary with respect to which review could
have been obtained under subparagraph (A) shall not be subject to
judicial review in any criminal or other civil proceeding.
``(6) Whenever any person has failed to comply with an order issued
under paragraph (3), the Secretary may file a civil action in the
United States district court for the district in which the violation
was found to occur, or in the United States district court for the
District of Columbia, to enforce such order. In actions brought under
this paragraph, the district courts shall have jurisdiction to grant
all appropriate relief including, but not limited to, injunctive relief
and compensatory damages.
``(7)(A) A person on whose behalf an order was issued under
paragraph (3) may commence a civil action against the person to whom
such order was issued to require compliance with such order. The
appropriate United States district court shall have jurisdiction,
without regard to the amount in controversy or the citizenship of the
parties, to enforce such order.
``(B) The court, in issuing any final order under this paragraph,
may award costs of litigation (including reasonable attorneys' and
expert witness fees) to any party whenever the court determines such
award is appropriate.
``(d) Any nondiscretionary duty imposed by this section shall be
enforceable in a mandamus proceeding brought under section 1361 of
title 28, United States Code.
``(e) 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 21 of this Act, is further amended by inserting after the item
relating to section 39 the following:
``Sec. 40. Whistleblower protection.''.
SEC. 23. BAN ON CHILDREN'S PRODUCTS CONTAINING LEAD; LEAD PAINT RULE.
(a) In General.--Beginning on the date that is 180 days after the
date of enactment of this Act--
(1) any children's product (as defined in section 14(e) of
the Consumer Product Safety Act (15 U.S.C. 2063(e))) that
contains lead shall be treated as a banned hazardous substance
under the Federal Hazardous Substances Act (15 U.S.C. 1261 et
seq.); and
(2) the prohibitions contained in section 4 of such Act (15
U.S.C. 1263) shall apply without regard to whether the lead
contained in such children's product is accessible to children.
(b) Trace Amounts of Lead.--For purposes of subsection (a), a
children's product shall be considered to contain lead if--
(1) in the case of a children's product that is jewelry,
any part of the product contains lead or lead compounds and the
lead content of such part (calculated as lead metal) is greater
than 0.02 percent by weight of the total weight of such part
(or such lesser amount as may be established by the Commission
by regulation); or
(2) in the case of a children's product that is not
jewelry, any part of the product contains lead or lead
compounds and the lead content of such part (calculated as lead
metal) is greater than 0.04 percent by weight of the total
weight of such part (or such lesser amount as may be
established by the Commission by regulation).
(c) Electronics.--If the Commission determines that it is not
feasible for certain electronic devices, including batteries, to comply
with subsection (a) at the time the regulations take effect, the
Commission shall, by regulation--
(A) issue standards to reduce the exposure of and
accessibility to lead in such electronic devices; and
(B) establish a schedule by which such electronic
devices shall be in full compliance with the
regulations prescribed under subsection (a).
(d) Regulations.--On the day after the date of enactment of this
Act, the Commission shall initiate a rulemaking proceeding to determine
whether thresholds lower than those described in subsection (b) should
be prescribed for children's products. If the Commission makes such a
determination, the Commission shall promulgate regulations establishing
lower thresholds in lieu of the thresholds established in subsection
(b).
(e) Paint Standard for All Products.--Within 30 days after the date
of enactment of this Act, the Consumer Product Safety Commission shall
modify section 1303.1 of its regulations (16 C.F.R. 1303.1) by
substituting ``0.009 percent'' for ``0.06 percent'' in subsection (a)
of that section.
SEC. 24. ALTERNATIVE MEASURES OF LEAD CONTENT.
The Consumer Product Safety Commission, in cooperation with the
National Academy of Sciences and the National Institute of Standards
and Technology, shall study the feasibility of establishing a
measurement standard based on a units-of-mass-per-area standard
(similar to existing measurement standards used by the Department of
Housing and Urban Development and the Environmental Protection Agency
to measure for metals in household paint and soil, respectively) that
is statistically comparable to the parts-per-million measurement
standard currently used in laboratory analysis.
SEC. 25. STUDY OF PREVENTABLE INJURIES AND DEATHS OF MINORITY CHILDREN
RELATED TO CERTAIN CONSUMER PRODUCTS.
(a) In General.--Within 90 days after the date of enactment of this
Act, the Consumer Product Safety Commission 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.
(b) Requirements.--The study shall examine the racial disparities
of the rates of preventable injuries and deaths related to suffocation,
poisonings, and drowning 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 Commission shall report its findings to the chairmen and
ranking members of the Senate Commerce, Science, and Transportation
Committee and the House of Representatives Energy and Commerce
Committee. The report shall include--
(1) the Commission's findings on the incidence of
preventable risks of injury and death among children of
minority populations and recommendations for minimizing such
increased 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 current statistical disparities.
(d) Authorization.--There are authorized to be appropriated to the
Commission $500,000 for purposes of carrying out this section for
fiscal year 2008.
SEC. 26. 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
Secretary, 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. 27. INSPECTOR GENERAL REPORTS.
(a) Implementation by the Commission.--
(1) In general.--The Inspector General of the Consumer
Product Safety Commission shall conduct reviews and audits of
implementation of the Consumer Product Safety Act by the
Commission, including--
(A) an assessment of the ability of the Commission
to enforce subsections (a)(2) and (d) of section 14 of
the Act (15 U.S.C. 2063), as amended by section 10 of
this Act, including the ability of the Commission to
enforce the prohibition on imports of children's
products without third party testing certification
under section 17(a)(6) of the Act (15 U.S.C.
2066)(a)(6), as added by section 10 of this Act;
(B) an assessment of the ability of the Commission
to enforce section 14(a)(6) of the Act (15 U.S.C.
2063(a)(6)), as added by section 11 of this Act, and
section 16(c) of the Act, as added by section 14 of
this Act; and
(C) an audit of the Commission's capital
improvement efforts, including construction of a new
testing facility.
(2) Annual Report.--The Inspector General shall submit an
annual report, setting forth the Inspector General's findings,
conclusions, and recommendations from the reviews and audits
under paragraph (1), for each of fiscal years 2009 through 2015
to the Commission, the Senate Committee on Commerce, Science,
and Transportation, and the House of Representatives Committee
on Energy and Commerce.
(b) Employee Complaints.--
(1) In general.--Within 1 year after the date of enactment
of this Act, the Inspector General shall conduct a review of--
(A) complaints received by the Inspector General
from employees of the Commission about violations of
rules or regulations of the Consumer Product Safety Act
or any other 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.--The Inspector General shall submit a report,
setting forth the Inspector General's findings, conclusions,
and recommendations, to the Commission, the Senate Committee on
Commerce, Science, and Transportation, and the House of
Representatives Committee on Energy and Commerce.
(c) Leaks.--
(1) In general.--Within 1 year after the date of enactment
of this Act, the Inspector General shall--
(A) conduct a review of whether, and to what
extent, there have been unauthorized and unlawful
disclosures of information by Members, officers, or
employees of the Commission to persons not authorized
to receive such information; and
(B) to the extent that such unauthorized and
unlawful disclosures have occurred, determine--
(i) what class or kind of information was
most frequently involved in such disclosures;
and
(ii) how frequently such disclosures have
occurred.
(2) Report.--The Inspector General shall submit a report,
setting forth the Inspector General's findings, conclusions,
and recommendations, to the Commission, the Senate Committee on
Commerce, Science, and Transportation, and the House of
Representatives Committee on Energy and Commerce.
SEC. 28. PUBLIC INTERNET WEBSITE LINKS.
Not later than 30 days after the date of enactment of this Act, the
Consumer Product Safety Commission shall establish and maintain--
(1) a direct link on the homepage of its Internet website
to the Internet website of the Commission's Office of Inspector
General; and
(2) a mechanism on the homepage of the Office of Inspector
General's Internet website by which individuals may anonymously
report cases of waste, fraud, or abuse with respect to the
Commission.
SEC. 29. CHILD-RESISTANT PORTABLE GASOLINE CONTAINERS.
(a) Consumer Product Safety Rule.--
(1) Establishment.--There is established, as a consumer
product safety rule promulgated by the Commission in accordance
with section 9 of the Consumer Product Safety Act (15 U.S.C.
2058), a requirement that each portable gasoline container for
sale in the United States shall conform to the child-resistance
requirements for closures on portable gasoline containers
specified in the standard ASTM F2517-05, issued by ASTM
International.
(b) Revision of Rule.--
(1) In general.--Except as provided in paragraph (2), if,
after the date of the enactment of this Act, ASTM International
proposes to revise the child resistance requirements of ASTM
F2517-05--
(A) ASTM International shall notify the Commission
of the proposed revision; and
(B) the proposed revision shall be incorporated in
the consumer product safety rule established by
subsection (a).
(2) Exception.--If, not later than 60 days after the date
of the notice described in paragraph (1)(A), the Commission
notifies ASTM International that the Commission has determined
that such revision is inconsistent with subsection (a), the
requirement of paragraph (1)(B) shall not apply.
(c) Implementing Regulations.--With respect to the promulgation of
any regulations by the Commission to implement the requirements of this
section--
(1) section 553 of title 5, United States Code, shall
apply; and
(2) sections 7 and 9 of the Consumer Product Safety Act (15
U.S.C. 2056 and 2058) shall not apply.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the Commission shall submit to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Energy and Commerce a report on--
(1) the degree of industry compliance with the consumer
product safety rule established by subsection (a);
(2) any enforcement actions brought by the Commission to
enforce such rule; and
(3) incidents involving children interacting with portable
gasoline containers (including both those that are and are not
in compliance with the rule established by subsection (a)).
(e) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(2) Portable gasoline container.--The term ``portable
gasoline container'' means any portable gasoline container
intended for use by consumers.
(f) Effective Date.--The rule established by subsection (a) shall
apply to portable gasoline containers manufactured on or after the date
that is 6 months after the date of enactment of this Act.
SEC. 30. TOY SAFETY STANDARD.
(a) In General.--Beginning 60 days after the date of enactment of
this Act, ASTM-International Standard F963-07, Consumer Safety
Specifications for Toy Safety, as it exists on the date of enactment of
this Act shall be considered to be a consumer product safety rule
issued by the Consumer Product Safety Commission under section 9 of the
Consumer Product Safety Act (15 U.S.C. 2058).
(b) Revisions.--If more than 60 days after the date of enactment of
this Act, ASTM-International proposes to revise Standard F963-07,
Consumer Safety Specifications for Toy Safety, or a successor standard,
it shall notify the Commission of the proposed revision and the
proposed revision shall be incorporated in the consumer product safety
rule. The revised standard shall be considered to be a consumer product
safety rule issued by the Consumer Product Safety Commission under
section 9 of the Consumer Product Safety Act (15 U.S.C. 2058),
effective 30 days after the date on which ASTM-International notifies
the Commission of the revision unless, within 30 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.
SEC. 31. ALL-TERRAIN VEHICLE SAFETY STANDARD.
(a) In General.--The Act (15 U.S.C. 2051 et seq.), as amended by
section 22 of this Act, is further amended by adding at the end thereof
the following:
``all-terrain vehicle safety standard
``Sec. 41. (a) In General.--
``(1) Mandatory standard.--Notwithstanding any other
provision of law, within 90 days after the date of enactment of
the CPSC Reform Act of 2007 the Commission shall publish in the
Federal Register as a mandatory consumer product safety
standard the American National Standard for Four Wheel All-
Terrain Vehicles Equipment Configuration, and Performance
Requirements developed by the Specialty Vehicle Institute of
America (American National Standard ANSI/SVIA-1-2007). The
standard shall take effect 150 days after it is published.
``(2) Compliance with standard.--After the standard takes
effect, it shall be unlawful for any manufacturer or
distributor to import into or distribute in commerce in the
United States any new assembled or unassembled all-terrain
vehicle unless--
``(A) the vehicle complies with each applicable
provision of the standard;
``(B) the vehicle is subject to an ATV action plan
filed with the Commission before January 1, 2008, 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 rule 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
interstate 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 All-Terrain Vehicle Safety Standard.--
``(1) ANSI revisions.--If the American National Standard
ANSI/SVIA-1-2007 is revised through the applicable consensus
standards development process after the date on which the
product safety standard for all-terrain vehicles is published
in the Federal Register, the American National Standards
Institute shall notify the Commission of the revision.
``(2) Commission action.--Within 120 days after it receives
notice of such a revision by the American National Standards
Institute, the Commission shall issue a notice of proposed
rulemaking in accordance with section 553 of title 5, United
States Code, to amend the product safety standard for all-
terrain vehicles to include any such revision that the
Commission determines is reasonably related to the safe
performance of all-terrain vehicles, and notify the Institute
of any provision it has determined not to be so related. The
Commission shall promulgate an amendment to the standard for
all-terrain vehicles within 180 days after the date on which
the notice of proposed rulemaking for the amendment is
published in the Federal Register.
``(3) Unreasonable risk of injury.--Notwithstanding any
other provision of this Act, the Commission may, pursuant to
sections 7 and 9 of this Act, amend the product safety standard
for all-terrain vehicles to include any additional provision
that the Commission determines is reasonably necessary to
reduce an unreasonable risk of injury associated with the
performance of all-terrain vehicles.
``(4) Certain provisions not applicable.--Sections 7, 9,
11, and 30(d) 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 rule applicable to 3-wheeled all-
terrain vehicles promulgated pursuant to this Act is in effect, new 3-
wheeled all-terrain vehicles may not be imported into or distributed in
commerce in the United States. Any violation of this subsection shall
be considered to be a violation of section 19(a)(1) of this Act and may
also be enforced under section 17 of this Act.
``(d) Further Proceedings.--
``(1) Deadline.--The Commission shall issue a final rule in
its proceeding entitled `Standards for All Terrain Vehicles and
Ban of Three-wheeled All Terrain Vehicles'.
``(2) Categories of youth atvs.--In the final rule, the
Commission may provide for a multiple factor method of
categorization that, at a minimum, takes into account--
``(A) the weight of the vehicle;
``(B) the maximum speed of the vehicle;
``(C) the velocity at which a vehicle of a given
weight is travelling at the maximum speed of the
vehicle;
``(D) the age of children for whose operation the
vehicle is designed or who may reasonably be expected
to operate the vehicle; and
``(E) the average weight of children for whose
operation the vehicle is designed or who may reasonably
be expected to operate the vehicle.
``(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 vehicles, 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 38 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, as amended by
section 22 of this Act, is further amended by inserting after the item
relating to section 40 the following:
``Sec. 41. All-terrain vehicle safety standard.''.
(d) Effective Date.--The amendment made by subsection (a) shall
take effect 90 days after the date enactment of enactment of this Act.
SEC. 32. GARAGE DOOR OPENER STANDARD.
Notwithstanding section 203(b) of the Consumer Product Safety
Improvement Act of 1990 (15 U.S.C. 2056 note) or any amendment by the
American National Standards Institute Underwriters Laboratories, Inc.
of its Standards for Safety--UL 325, all automatic garage door openers
that directly drive the door in the closing direction that are
manufactured more than 6 months after the date of enactment of this Act
shall include an external secondary entrapment protection device that
does not require contact with a person or object for the garage door to
reverse.
SEC. 33. REDUCING DEATHS AND INJURIES FROM CARBON MONOXIDE POISONING.
(a) In General.--The Consumer Product Safety Commission shall issue
a final rule in its proceeding entitled ``Portable Generators'' for
which the Commission issued an advance notice of proposed rulemaking on
December 12, 2006 (71 Fed. Reg. 74472), no later than 18 months after
the date of enactment of this Act.
(b) Report.--Not later than 120 days after the date of enactment of
this Act, the Consumer Product Safety Commission shall submit a report
to the Senate Committee on Commerce, Science, and Transportation that--
(1) reviews the effectiveness of its labeling requirements
for charcoal briquettes (16 C.F.R. 1500.14(b)(6)) during the
windstorm that struck the Pacific Northwest beginning on
December 14, 2006;
(2) identifies any specific challenges faced by non-English
speaking populations with use of the current standards; and
(3) contains recommendations for improving the labels on
charcoal briquettes.
SEC. 34. COMPLETION OF CIGARETTE LIGHTER RULEMAKING.
The Consumer Product Safety Commission shall issue a final rule
mandating general safety standards for cigarette lighters in its
proceedings entitled ``Safety Standard for cigarette Lighters'' for
which the Commission issued an advance notice of proposed rulemaking on
April 11, 2005 (68 Fed. Reg. 11339) no later than 24 months after the
date of enactment of this Act.
SEC. 35. CONSUMER PRODUCT REGISTRATION FORMS.
(a) Findings.--Congress finds the following:
(1) Unintentional injuries are the leading cause of death
among children, and for every such injury that is fatal,
approximately 18 children are hospitalized and 1,250 are
treated by emergency departments for such injuries that are
nonfatal.
(2) According to the Consumer Product Safety Commission, an
average of 50 children under the age of 5 die each year in
incidents associated with nursery products, and about 16 of
these deaths each year are associated with cribs.
(3) In 2003, an estimated 60,700 children under the age of
5 were treated in United States hospital emergency rooms for
injuries associated with nursery products, and there were
10,700 injuries to children under the age of 5 years associated
with strollers alone.
(4) Of the 397 recalls issued by the Consumer Product
Safety Commission in fiscal year 2005, 109 (or 27 percent) were
children's products. Children's products were recalled, on
average, more than 2 times per week, and accounted for
19,635,627 individual units.
(b) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(2) Durable infant or toddler product.--The term ``durable
infant or toddler product'' means a durable product intended
for use by, or that may be reasonably expected to be used by,
children younger than the age of 5 years, including the
following:
(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.
(L) Bassinets and cradles.
(c) Consumer Product Registration Forms.--
(1) In general.--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 final consumer product
safety rules that require manufacturers of durable infant or
toddler products--
(A) in accordance with paragraph (2), to provide
consumers with postage-paid consumer registration forms
with each such product;
(B) in accordance with paragraph (5), to maintain a
record of the names, addresses, e-mail addresses, and
other contact information of consumers who register
their ownership of such products with the manufacturer
in order to improve the effectiveness of manufacturer
campaigns to recall such products; and
(C) to place permanently 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 forms.--
(A) In general.--The registration forms required by
paragraph (1)(A) shall provide space sufficiently large
to permit easy, legible recording of the information
specified in subparagraph (B)(i).
(B) Elements.--Such forms shall include the
following:
(i) Spaces for a consumer to provide the
following:
(I) The consumer's name.
(II) The consumer's postal address.
(III) The consumer's telephone
number.
(IV) The consumer's e-mail address.
(ii) The manufacturer's name.
(iii) The model name and number for the
product.
(iv) The date of manufacture of the
product.
(v) A message that--
(I) explains the purpose of the
registration; and
(II) is designed to encourage
consumers to complete the registration.
(vi) 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.
(vii) A message that explains the option to
register via the Internet, as required by
paragraph (4).
(C) Placement.--Such form shall be attached to the
surface of each durable infant or toddler product so
that, as a practical matter, the consumer will notice
and handle the form after purchasing the product.
(3) Text and format of registration forms.--In promulgating
regulations under paragraph (1), the Commission may prescribe
the exact text and format of such form.
(4) Internet registration.--In promulgating regulations
under paragraph (1), the Commission shall require manufacturers
of durable infant or toddler products to provide a mechanism
for consumers to submit to the manufacturer via the Internet
electronic versions of the registration forms required by
paragraph (1)(A).
(5) Record keeping and notification requirements.--
(A) In general.--The rules promulgated under
paragraph (1) shall require each manufacturer of a
durable infant or toddler product--
(i) to maintain a record of consumers who
register for such product that includes all of
the information provided by such consumers; and
(ii) to use such information to notify such
consumers in the event of a voluntary or
involuntary recall of, or safety alert
regarding, such product.
(B) Period of maintenance.--Such rules shall
require such manufacturers of durable infant or toddler
products to maintain the records described in
subparagraph (A)(i) for a period of not less than 6
years after the date of manufacture of the product
concerned.
(C) Limitation on use of information collected.--
The rules promulgated under paragraph (1) shall
prohibit manufacturers from using or disseminating to
any other party the information collected by the
manufacturer under this subsection for any purpose
other than notification to the consumer concerned in
the event of a product recall or safety alert regarding
the product concerned.
(D) Reservation.--Nothing in this section requires
a manufacturer to collect, retain, or use any
information unless it is provided by the consumer.
(d) Report and Study.--Not later than 4 years after the date of
enactment of this Act, the Commission shall--
(1) conduct a study on the effectiveness of the rules
promulgated under subsection (c) in facilitating product
recalls; and
(2) submit to Congress a report on the findings of the
Commission with respect to the study required by paragraph (1).
Calendar No. 523
110th CONGRESS
1st Session
S. 2045
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
December 5, 2007
Reported with an amendment