Title 15 — Commerce and Trade
Chapter 47 — Consumer Product Safety
§ 2058. Procedure for consumer product safety rules
Statutory text
Commencement of proceeding; publication of prescribed notice of proposed rulemaking; transmittal of notice
A proceeding for the development of a consumer product safety rule may be commenced by the publication in the Federal Register of an advance notice of proposed rulemaking which shall—
identify the product and the nature of the risk of injury associated with the product;
include a summary of each of the regulatory alternatives under consideration by the Commission (including voluntary consumer product safety standards);
include information with respect to any existing standard known to the Commission which may be relevant to the proceedings, together with a summary of the reasons why the Commission believes preliminarily that such standard does not eliminate or adequately reduce the risk of injury identified in paragraph (1);
invite interested persons to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days or more than 60 days after the date of publication of the notice), comments with respect to the risk of injury identified by the Commission, the regulatory alternatives being considered, and other possible alternatives for addressing the risk;
invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), an existing standard or a portion of a standard as a proposed consumer product safety standard; and
invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), a statement of intention to modify or develop a voluntary consumer product safety standard to address the risk of injury identified in paragraph (1) together with a description of a plan to modify or develop the standard.
The Commission shall transmit such notice within 10 calendar days to the appropriate Congressional committees.
Voluntary standard; publication as proposed rule; notice of reliance of Commission on standard
If the Commission determines that any standard submitted to it in response to an invitation in a notice published under subsection (a)(5) if promulgated (in whole, in part, or in combination with any other standard submitted to the Commission or any part of such a standard) as a consumer product safety standard, would eliminate or adequately reduce the risk of injury identified in a notice under subsection (a)(1), the Commission may publish such standard, in whole, in part, or in such combination and with nonmaterial modifications, as a proposed consumer product safety rule.
If the Commission determines that—
compliance with any standard submitted to it in response to an invitation in a notice published under subsection (a)(6) is likely to result in the elimination or adequate reduction of the risk of injury identified in the notice, and
it is likely that there will be substantial compliance with such standard,
the Commission shall terminate any proceeding to promulgate a consumer product safety rule respecting such risk of injury and shall publish in the Federal Register a notice which includes the determination of the Commission and which notifies the public that the Commission will rely on the voluntary standard to eliminate or reduce the risk of injury, except that the Commission shall terminate any such proceeding and rely on a voluntary standard only if such voluntary standard is in existence. For purposes of this section, a voluntary standard shall be considered to be in existence when it is finally approved by the organization or other person which developed such standard, irrespective of the effective date of the standard. Before relying upon any voluntary consumer product safety standard, the Commission shall afford interested persons (including manufacturers, consumers, and consumer organizations) a reasonable opportunity to submit written comments regarding such standard. The Commission shall consider such comments in making any determination regarding reliance on the involved voluntary standard under this subsection.
Publication of proposed rule; preliminary regulatory analysis; contents; transmittal of notice
No consumer product safety rule may be proposed by the Commission unless the Commission publishes in the Federal Register the text of the proposed rule, including any alternatives, which the Commission proposes to promulgate, together with a preliminary regulatory analysis containing—
a preliminary description of the potential benefits and potential costs of the proposed rule, including any benefits or costs that cannot be quantified in monetary terms, and an identification of those likely to receive the benefits and bear the costs;
a discussion of the reasons any standard or portion of a standard submitted to the Commission under subsection (a)(5) was not published by the Commission as the proposed rule or part of the proposed rule;
a discussion of the reasons for the Commission’s preliminary determination that efforts proposed under subsection (a)(6) and assisted by the Commission as required by section 2054(a)(3) of this title would not, within a reasonable period of time, be likely to result in the development of a voluntary consumer product safety standard that would eliminate or adequately reduce the risk of injury addressed by the proposed rule; and
a description of any reasonable alternatives to the proposed rule, together with a summary description of their potential costs and benefits, and a brief explanation of why such alternatives should not be published as a proposed rule.
The Commission shall transmit such notice within 10 calendar days to the appropriate Congressional committees. Any proposed consumer product safety rule shall be issued within twelve months after the date of publication of the notice, unless the Commission determines that such proposed rule is not reasonably necessary to eliminate or reduce the risk of injury associated with the product or is not in the public interest. The Commission may extend the twelve-month period for good cause. If the Commission extends such period, it shall immediately transmit notice of such extension to the appropriate Congressional committees. Such notice shall include an explanation of the reasons for such extension, together with an estimate of the date by which the Commission anticipates such rulemaking will be completed. The Commission shall publish notice of such extension and the information submitted to the Congress in the Federal Register. Nothing in this subsection shall preclude any person from submitting an existing standard or portion of a standard as a proposed consumer product safety standard.
Promulgation of rule; time
Within 60 days after the publication under subsection (c) of a proposed consumer product safety rule respecting a risk of injury associated with a consumer product, the Commission shall—
promulgate a consumer product safety rule respecting the risk of injury associated with such product, if it makes the findings required under subsection (f), or
withdraw the applicable notice of proposed rulemaking if it determines that such rule is not (i) reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with the product, or (ii) in the public interest;
except that the Commission may extend such 60-day period for good cause shown (if it publishes its reasons therefor in the Federal Register).
Consumer product safety rules shall be promulgated in accordance with section 553 of title 5, except that the Commission shall give interested persons an opportunity for the oral presentation of data, views, or arguments, in addition to an opportunity to make written submissions. A transcript shall be kept of any oral presentation.
Expression of risk of injury; consideration of available product data; needs of elderly and handicapped
A consumer product safety rule shall express in the rule itself the risk of injury which the standard is designed to eliminate or reduce. In promulgating such a rule the Commission shall consider relevant available product data including the results of research, development, testing, and investigation activities conducted generally and pursuant to this chapter. In the promulgation of such a rule the Commission shall also consider and take into account the special needs of elderly and handicapped persons to determine the extent to which such persons may be adversely affected by such rule.
Findings; final regulatory analysis; judicial review of rule
Prior to promulgating a consumer product safety rule, the Commission shall consider, and shall make appropriate findings for inclusion in such rule with respect to—
the degree and nature of the risk of injury the rule is designed to eliminate or reduce;
the approximate number of consumer products, or types or classes thereof, subject to such rule;
the need of the public for the consumer products subject to such rule, and the probable effect of such rule upon the utility, cost, or availability of such products to meet such need; and
any means of achieving the objective of the order while minimizing adverse effects on competition or disruption or dislocation of manufacturing and other commercial practices consistent with the public health and safety.
The Commission shall not promulgate a consumer product safety rule unless it has prepared, on the basis of the findings of the Commission under paragraph (1) and on other information before the Commission, a final regulatory analysis of the rule containing the following information:
A description of the potential benefits and potential costs of the rule, including costs and benefits that cannot be quantified in monetary terms, and the identification of those likely to receive the benefits and bear the costs.
A description of any alternatives to the final rule which were considered by the Commission, together with a summary description of their potential benefits and costs and a brief explanation of the reasons why these alternatives were not chosen.
A summary of any significant issues raised by the comments submitted during the public comment period in response to the preliminary regulatory analysis, and a summary of the assessment by the Commission of such issues.
The Commission shall publish its final regulatory analysis with the rule.
The Commission shall not promulgate a consumer product safety rule unless it finds (and includes such finding in the rule)—
that the rule (including its effective date) is reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with such product;
that the promulgation of the rule is in the public interest;
in the case of a rule declaring the product a banned hazardous product, that no feasible consumer product safety standard under this chapter would adequately protect the public from the unreasonable risk of injury associated with such product;
in the case of a rule which relates to a risk of injury with respect to which persons who would be subject to such rule have adopted and implemented a voluntary consumer product safety standard, that—
compliance with such voluntary consumer product safety standard is not likely to result in the elimination or adequate reduction of such risk of injury; or
it is unlikely that there will be substantial compliance with such voluntary consumer product safety standard;
that the benefits expected from the rule bear a reasonable relationship to its costs; and
that the rule imposes the least burdensome requirement which prevents or adequately reduces the risk of injury for which the rule is being promulgated.
Any preliminary or final regulatory analysis prepared under subsection (c) or (f)(2) shall not be subject to independent judicial review, except that when an action for judicial review of a rule is instituted, the contents of any such regulatory analysis shall constitute part of the whole rulemaking record of agency action in connection with such review.
The provisions of subparagraph (A) shall not be construed to alter the substantive or procedural standards otherwise applicable to judicial review of any action by the Commission.
Effective date of rule or standard; stockpiling of product
Each consumer product safety rule shall specify the date such rule is to take effect not exceeding 180 days from the date promulgated, unless the Commission finds, for good cause shown, that a later effective date is in the public interest and publishes its reasons for such finding. The effective date of a consumer product safety standard under this chapter shall be set at a date at least 30 days after the date of promulgation unless the Commission for good cause shown determines that an earlier effective date is in the public interest. In no case may the effective date be set at a date which is earlier than the date of promulgation. A consumer product safety standard shall be applicable only to consumer products manufactured after the effective date.
The Commission may by rule prohibit a manufacturer of a consumer product from stockpiling any product to which a consumer product safety rule applies, or to which a rule under this chapter or similar rule, regulation, standard, or ban under any other Act enforced by the Commission applies, so as to prevent such manufacturer from circumventing the purpose of such rule, regulation, standard, or ban. For purposes of this paragraph, the term “stockpiling” means manufacturing or importing a product between the date of promulgation of such rule, regulation, standard, or ban and its effective date at a rate which is significantly greater (as determined under the rule under this paragraph) than the rate at which such product was produced or imported during a base period (prescribed in the rule under this paragraph) ending before the date of promulgation of the rule, regulation, standard, or ban.
Amendment or revocation of rule
The Commission may by rule amend or revoke any consumer product safety rule. Such amendment or revocation shall specify the date on which it is to take effect which shall not exceed 180 days from the date the amendment or revocation is published unless the Commission finds for good cause shown that a later effective date is in the public interest and publishes its reasons for such finding. Where an amendment involves a material change in a consumer product safety rule, sections 2056 and 2057 of this title, and subsections (a) through (g) of this section shall apply. In order to revoke a consumer product safety rule, the Commission shall publish a proposal to revoke such rule in the Federal Register, and allow oral and written presentations in accordance with subsection (d)(2) of this section. It may revoke such rule only if it determines that the rule is not reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with the product. Section 2060 of this title shall apply to any amendment of a consumer product safety rule which involves a material change and to any revocation of a consumer product safety rule, in the same manner and to the same extent as such section applies to the Commission’s action in promulgating such a rule.
Petition to initiate rulemaking
The Commission shall grant, in whole or in part, or deny any petition under section 553(e) of title 5 requesting the Commission to initiate a rulemaking, within a reasonable time after the date on which such petition is filed. The Commission shall state the reasons for granting or denying such petition. The Commission may not deny any such petition on the basis of a voluntary standard unless the voluntary standard is in existence at the time of the denial of the petition, the Commission has determined that the voluntary standard is likely to result in the elimination or adequate reduction of the risk of injury identified in the petition, and it is likely that there will be substantial compliance with the standard.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Consumer Product Safety Act
Pub. L. 92–573 § 9 · 86 Stat. 1207
Enacted · 15 U.S.C. § 2058
Pub. L. 92–573, § 9, Oct. 27, 1972, 86 Stat. 1215
Source evidence
Code source credit
Pub. L. 92–573, § 9, Oct. 27, 1972, 86 Stat. 1215Enacted provision · exact public law section
Sec. 9. administrative procedure applicable to promulgation of consumer product safety rules (a) (1) Within 60 days after the publication under section 7 (c), (e) (1), or (f) or section 8 of a proposed consumer product safety rule respecting a risk of injury associated with a consumer product, the Commission shall— (A) promulgate a consumer product safety rule respecting the risk of injury associated with such product if it makes the findings required under subsection (c),or (B) withdraw by rule the applicable notice of proceeding if it determines that such rule is not (i) reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with the product, or (ii) in the public interest; except that the Commission may extend such 60-day period for good cause shown (if it publishes its reasons therefor in the Federal Register). (2) Consumer product safety rules which have been proposed under section 7 (c), (e) (1), or (f) or section 8 shall be promulgated pursuant to section 553 of title 5, United States Code, except that the 80 Stat. 383. Commission shall give interested persons an opportunity for the oral presentation of data, views, or arguments, in addition to an opportunity to make written submissions. A transcript shall be kept of any oral presentation. (b) A consumer product safety rule shall express in the rule itself the risk of injury which the standard is designed to eliminate or reduce. In promulgating such a rule the Commission shall consider relevant available product data including the results of research, development, testing, and investigation activities conducted generally and pursuant to this Act. (c) (1) Prior to promulgating a consumer product safety rule, the Commission shall consider, and shall make appropriate findings for inclusion in such rule with respect to— (A) the degree and nature of the risk of injury the rule is designed to eliminate or reduce; (B) the approximate number of consumer products, or types or classes thereof, subject to such rule; (C) the need of the public for the consumer products subject to such rule, and the probable effect of such rule upon the utility, cost, or availability of such products to meet such need; and (D) any means of achieving the objective of the order while minimizing adverse effects on competition or disruption or dislocation of manufacturing and other commercial practices consistent with the public health and safety. (2) The Commission shall not promulgate a consumer product safety rule unless it finds (and includes such finding in the rule) — (A) that the rule (including its effective date) is reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with such product; (B) that the promulgation of the rule is in the public interest; and (C) in the case of a rule declaring the product a banned hazardous product, that no feasible consumer product safety standard under this Act would adequately protect the public from the unreasonable risk of injury associated with such product. (d) (1) Each consumer product safety rule shall specify the date such rule is to take effect not exceeding 180 days from the date promulgated, unless the Commission finds, for good cause shown, that a later effective date is in the public interest and publishes its reasons for such finding. The effective date of a consumer product safety standard under this Act shall be set at a date at least 30 days after the date of promulgation unless the Commission for good cause shown determines that an earlier effective date is in the public interest. In no case may the effective date be set at a date which is earlier than the date of promulgation. A consumer product safety standard shall be applicable only to consumer products manufactured after the effective date. (2) The Commission may by rule prohibit a manufacturer of a consumer product from stockpiling any product to which a consumer product safety rule applies, so as to prevent such manufacturer from “Stockpiling.” circumventing the purpose of such consumer product safety rule. For purposes of this paragraph, the term “stockpiling” means manufacturing or importing a product between the date of promulgation of such consumer product safety rule and its effective date at a rate which is significantly greater (as determined under the rule under this paragraph) than the rate at which such product was produced or imported during a base period (prescribed in the rule under this paragraph) ending before the date of promulgation of the consumer product safety rule. (e) The Commission may by rule amend or revoke any consumer product safety rule. Such amendment or revocation shall specify the date on which it is to take effect which shall not exceed 180 days from the date the amendment or revocation is published unless the Commission finds for good cause shown that a later effective date is in the public interest and publishes its reasons for such finding. Where an amendment involves a material change in a consumer product safety rule, sections 7 and 8, and subsections (a) through (d) of this section Publication in Federal Register. shall apply. In order to revoke a consumer product safety rule, the Commission shall publish a proposal to revoke such rule, in the Federal Register, and allow oral and written presentations in accordance with subsection (a)(2) of this section. It may revoke such rule only if it determines that the rule is not reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with the product. Section Applicability. 11 shall apply to any amendment of a consumer product safety rule which involves a material change and to any revocation of a consumer product safety rule, in the same manner and to the same extent as such section applies to the Commission’s action in promulgating such a rule.Consumer Product Safety Commission Improvements Act of 1976
Pub. L. 94–284 § 9 · 90 Stat. 503
Inserted · 15 U.S.C. § 2058(b)
Pub. L. 94–284 inserted provision directing the Commission to take into consideration the special needs of the elderly and the handicapped in promulgating a consumer product safety rule
Source evidence
Code amendment note
Subsec. (b). Pub. L. 94–284 inserted provision directing the Commission to take into consideration the special needs of the elderly and the handicapped in promulgating a consumer product safety rule.Enacted provision · exact public law section
Sec. 9. consideration of the needs of elderly and handicapped persons Section 9(b) of the Consumer Product Safety Act (15 U.S.C. 2058(b)) is amended by adding at the end the following new sentence: “In the promulgation of such a rule the Commission shall also consider and take into account the special needs of elderly and handicapped persons to determine the extent to which such persons may be adversely affected by such rule.”.Pub. L. 95–631 § 4(d) · 92 Stat. 3742
Substituted · 15 U.S.C. § 2058(a)(1); 15 U.S.C. § 2058(a)(2)
Pub. L. 95–631 substituted in pars. (1) and (2) reference to section 2056 of this title for prior reference to section 2056(c), (e)(1), or (f) of this title
Source evidence
Code amendment note
Subsec. (a)(1), (2). Pub. L. 95–631 substituted in pars. (1) and (2) reference to section 2056 of this title for prior reference to section 2056(c), (e)(1), or (f) of this title.Enacted provision · exact public law section
(d) Paragraphs (1) and (2) of section 9(a) of the Consumer Product Safety Act (15 U.S.C. 2058(a)) are each amended by striking out “section 7(c), (e)(1), or (f) or section 8” and inserting in lieu thereof “section 7 or 8”.Pub. L. 97–35 title XII § 1203(a) · 95 Stat. 357
Amended · 15 U.S.C. § 2058(a)
Pub. L. 97–35 amended subsec. (a) generally
Substituted · 15 U.S.C. § 2058(a)
Pub. L. 97–35 substituting provisions for the commencement of rule-making proceedings by the publication of a notice of proposed rule-making for provisions for the promulgation of rule after publication of a notice according to specified provisions of law and to withdraw applicable notice of proceeding upon determination that such rule was not reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with the product or that it was in the public interest, and providing for certain other procedural safeguards
Source evidence
Code amendment note
Subsec. (a). Pub. L. 97–35 amended subsec. (a) generally, substituting provisions for the commencement of rule-making proceedings by the publication of a notice of proposed rule-making for provisions for the promulgation of rule after publication of a notice according to specified provisions of law and to withdraw applicable notice of proceeding upon determination that such rule was not reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with the product or that it was in the public interest, and providing for certain other procedural safeguards.Enacted provision · exact public law section
(a) Section 9 is amended to read as follows: “Sec. 9. “procedure for consumer product safety rules (a) A proceeding for the development of a consumer product safety rule shall be commenced by the publication in the Federal Register of an advance notice of proposed rulemaking which shall— “(1) identify the product and the nature of the risk of injury associated with the product; “(2) include a summary of each of the regulatory alternatives under consideration by the Commission (including voluntary consumer product safety standards); “(3) include information with respect to any existing standard known to the Commission which may be relevant to the proceedings, together with a summary of the reasons why the Commission believes preliminarily that such standard does not eliminate or adequately reduce the risk of injury identified in paragraph (1); “(4) invite interested persons to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days or more than 60 days after the date of publication of the notice), comments with respect to the risk of injury identified by the Commission, the regulatory alternatives being considered, and other possible alternatives for addressing the risk; “(5) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), an existing standard or a portion of a standard as a proposed consumer product safety standard; and “(6) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), a statement of intention to modify or develop a voluntary consumer product safety standard to address the risk of injury identified in paragraph (1) together with a description of a plan to modify or develop the standard. The Commission shall transmit such notice within 10 calendar days Transmittal to congressional committees. to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. “(b) (1) If the Commission determines that any standard submitted to it in response to an invitation in a notice published under subsection (a)(5) if promulgated (in whole, in part, or in combination with any other standard submitted to the Commission or any part of such a standard) as a consumer product safety standard, would eliminate or adequately reduce the risk of injury identified in the notice under subsection (a)(1), the Commission may publish such standard, in whole, in part, or in such combination and with nonmaterial modifications, as a proposed consumer product safety rule. “(2) If the Commission determines that— “(A) compliance with any standard submitted to it in response to an invitation in a notice published under subsection (a)(6) is likely to result in the elimination or adequate reduction of the risk of injury identified in the notice, and “(B) it is likely that there will be substantial compliance with such standard, the Commission shall terminate any proceeding to promulgate a Publication in Federal Register. consumer product safety rule respecting such risk of injury and shall publish in the Federal Register a notice which includes the determination of the Commission and which notifies the public that the Commission will rely on the voluntary standard to eliminate or reduce the risk of injury. “(c) No consumer product safety rule may be proposed by the Publication in Federal Register. Commission unless, not less than 60 days after publication of the notice required in subsection (a), the Commission publishes in the Federal Register the text of the proposed rule, including any alternatives, which the Commission proposes to promulgate, together with a preliminary regulatory analysis containing— “(1) a preliminary description of the potential benefits and potential costs of the proposed rule, including any benefits or costs that cannot be quantified in monetary terms, and an identification of those likely to receive the benefits and bear the costs; “(2) a discussion of the reasons any standard or portion of a standard submitted to the Commission under subsection (a)(5) was not published by the Commission as the proposed rule or part of the proposed rule; “(3) a discussion of the reasons for the Commission’s preliminary determination that efforts proposed under subsection (a)(6) and assisted by the Commission as required by section 5(a)(3) Post, p. 720. would not, within a reasonable period of time, be likely to result in the development of a voluntary consumer product safety standard that would eliminate or adequately reduce the risk of injury addressed by the proposed rule; and “(4) a description of any reasonable alternatives to the proposed rule, together with a summary description of their poten-tial costs and benefits, and a brief explanation of why such alternatives should not be published as a proposed rule. Transmittal to congressional committees. The Commission shall transmit such notice within 10 calendar days to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. “(d) (1) Within 60 days after the publication under subsection (c) of a proposed consumer product safety rule respecting a risk of injury associated with a consumer product, the Commission shall— “(A) promulgate a consumer product safety rule respecting the risk of injury associated with such product, if it makes the findings required under subsection (f), or “(B) withdraw the applicable notice of proposed rulemaking if it determines that such rule is not (i) reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with the product, or (ii) in the public interest; Publication in Federal Register. except that the Commission may extend such 60-day period for good cause shown (if it publishes its reasons therefor in the Federal Register). “(2) Consumer product safety rules shall be promulgated in accordance with section 553 of title 5, United States Code, except that the Commission shall give interested persons an opportunity for the oral presentation of data, views, or arguments, in addition to an opportunity to make written submissions. A transcript shall be kept of any oral presentation. “(e) A consumer product safety rule shall express in the rule itself the risk of injury which the standard is designed to eliminate or reduce. In promulgating such a rule the Commission shall consider relevant available product data including the results of research, development, testing, and investigation activities conducted generally and pursuant to this Act. In the promulgation of such a rule the Commission shall also consider and take into account the special needs of elderly and handicapped persons to determine the extent to which such persons may be adversely affected by such rule. “(f) (1) Prior to promulgating a consumer product safety rule, the Commission shall consider, and shall make appropriate findings for inclusion in such rule with respect to— “(A) the degree and nature of the risk of injury the rule is designed to eliminate or reduce; “(B) the approximate number of consumer products, or types or classes thereof, subject to such rule; “(C) the need of the public for the consumer products subject to such rule, and the probable effect of such rule upon the utility, cost, or availability of such products to meet such need; and “(D) any means of achieving the objective of the order while minimizing adverse effects on competition or disruption or dislocation of manufacturing and other commercial practices consistent with the public health and safety. “(2) The Commission shall not promulgate a consumer product safety rule unless it has prepared, on the basis of the findings of the Commission under paragraph (1) and on other information before the Commission, a final regulatory analysis of the rule containing the following information: “(A) A description of the potential benefits and potential costs of the rule, including costs and benefits that cannot be quantified in monetary terms, and the identification of those likely to receive the benefits and bear the costs. “(B) A description of any alternatives to the final rule which were considered by the Commission, together with a summary description of their potential benefits and costs and a brief explanation of the reasons why these alternatives were not chosen. “(C) A summary of any significant issues raised by the comments submitted during the public comment period in response to the preliminary regulatory analysis, and a summary of the assessment by the Commission of such issues. The Commission shall publish its final regulatory analysis with the rule. “(3) The Commission shall not promulgate a consumer product safety rule unless it finds (and includes such finding in the rule)— “(A) that the rule (including its effective date) is reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with such product; “(B) that the promulgation of the rule is in the public interest; “(C) in the case of a rule declaring the product a banned hazardous product, that no feasible consumer product safety standard under this Act would adequately protect the public from the unreasonable risk of injury associated with such product; “(D) in the case of a rule which relates to a risk of injury with respect to which persons who would be subject to such rule have adopted and implemented a voluntary consumer product safety standard, that— “(i) compliance with such voluntary consumer product safety standard is not likely to result in the elimination or adequate reduction of such risk of injury; or “(ii) it is unlikely that there will be substantial compliance with such voluntary consumer product safety standard; “(E) that the benefits expected from the rule bear a reasonable relationship to its costs; and “(F) that the rule imposes the least burdensome requirement which prevents or adequately reduces the risk of injury for which the rule is being promulgated. “(4) (A) Any preliminary or final regulatory analysis prepared under subsection (c) or (f)(2) shall not be subject to independent judicial review, except that when an action for judicial review of a rule is instituted, the contents of any such regulatory analysis shall constitute part of the whole rulemaking record of agency action in connection with such review. “(B) The provisions of subparagraph (A) shall not be construed to alter the substantive or procedural standards otherwise applicable to judicial review of any action by the Commission. “(g) (1) Each consumer product safety rule shall specify the date such rule is to take effect not exceeding 180 days from the date promulgated, unless the Commission finds, for good cause shown, that a later effective date is in the public interest and publishes its reasons for such finding. The effective date of a consumer product safety standard under this Act shall be set at a date at least 30 days after the date of promulgation unless the Commission for good cause shown determines that an earlier effective date is in the public interest. In no case may the effective date be set at a date which is earlier than the date of promulgation. A consumer product safety standard shall be applicable only to consumer products manufactured after the effective date. “(2) The Commission may by rule prohibit a manufacturer of a consumer product from stockpiling any product to which a consumer product safety rule applies, so as to prevent such manufacturer from “Stockpiling.” circumventing the purpose of such consumer product safety rule. For purposes of this paragraph, the term ‘stockpiling’ means manufacturing or importing a product between the date of promulgation of such consumer product safety rule and its effective date at a rate which is significantly greater (as determined under the rule under this paragraph) than the rate at which such product was produced or imported during a base period (prescribed in the rule under this paragraph) ending before the date of promulgation of the consumer product safety rule. “(h) The Commission may by rule amend or revoke any consumer product safety rule. Such amendment or revocation shall specify the date on which it is to take effect which shall not exceed 180 days from the date the amendment or revocation is published unless the Commission finds for good cause shown that a later effective date is in the public interest and publishes its reasons for such finding. Where an amendment involves a material change in a consumer product Ante, p. 703. 15 USC 2057. Publication in Federal Register. safety rule, sections 7 and 8, and subsections (a) through (g) of this section shall apply. In order to revoke a consumer product safety rule, the Commission shall publish a proposal to revoke such rule in the Federal Register, and allow oral and written presentations in accordance with subsection (d)(2) of this section. It may revoke such rule only if it determines that the rule is not reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with 15 USC 2060. the product. Section 11 shall apply to any amendment of a consumer product safety rule which involves a material change and to any revocation of a consumer product safety rule, in the same manner and to the same extent as such section applies to the Commission’s action in promulgating such a rule.”.Effective date note
Amendment by Pub. L. 97–35 applicable with respect to regulations under this chapter and chapters 25 and 30 of this title for which notices of proposed rulemaking are issued after Aug. 14, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title.Pub. L. 97–35 title XII § 1203(a) · 95 Stat. 357
Amended · 15 U.S.C. § 2058(b)
Pub. L. 97–35 amended subsec. (b) generally
Substituted · 15 U.S.C. § 2058(b)
Pub. L. 97–35 substituting provisions relating to the publication of a voluntary standard as a proposed consumer product safety rule and notice of reliance by the Commission on such standard for provisions that a consumer product safety rule shall express the risk of injury which the standard is designed to eliminate or reduce
Source evidence
Code amendment note
Subsec. (b). Pub. L. 97–35 amended subsec. (b) generally, substituting provisions relating to the publication of a voluntary standard as a proposed consumer product safety rule and notice of reliance by the Commission on such standard for provisions that a consumer product safety rule shall express the risk of injury which the standard is designed to eliminate or reduce.Enacted provision · exact public law section
(a) Section 9 is amended to read as follows: “Sec. 9. “procedure for consumer product safety rules (a) A proceeding for the development of a consumer product safety rule shall be commenced by the publication in the Federal Register of an advance notice of proposed rulemaking which shall— “(1) identify the product and the nature of the risk of injury associated with the product; “(2) include a summary of each of the regulatory alternatives under consideration by the Commission (including voluntary consumer product safety standards); “(3) include information with respect to any existing standard known to the Commission which may be relevant to the proceedings, together with a summary of the reasons why the Commission believes preliminarily that such standard does not eliminate or adequately reduce the risk of injury identified in paragraph (1); “(4) invite interested persons to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days or more than 60 days after the date of publication of the notice), comments with respect to the risk of injury identified by the Commission, the regulatory alternatives being considered, and other possible alternatives for addressing the risk; “(5) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), an existing standard or a portion of a standard as a proposed consumer product safety standard; and “(6) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), a statement of intention to modify or develop a voluntary consumer product safety standard to address the risk of injury identified in paragraph (1) together with a description of a plan to modify or develop the standard. The Commission shall transmit such notice within 10 calendar days Transmittal to congressional committees. to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. “(b) (1) If the Commission determines that any standard submitted to it in response to an invitation in a notice published under subsection (a)(5) if promulgated (in whole, in part, or in combination with any other standard submitted to the Commission or any part of such a standard) as a consumer product safety standard, would eliminate or adequately reduce the risk of injury identified in the notice under subsection (a)(1), the Commission may publish such standard, in whole, in part, or in such combination and with nonmaterial modifications, as a proposed consumer product safety rule. “(2) If the Commission determines that— “(A) compliance with any standard submitted to it in response to an invitation in a notice published under subsection (a)(6) is likely to result in the elimination or adequate reduction of the risk of injury identified in the notice, and “(B) it is likely that there will be substantial compliance with such standard, the Commission shall terminate any proceeding to promulgate a Publication in Federal Register. consumer product safety rule respecting such risk of injury and shall publish in the Federal Register a notice which includes the determination of the Commission and which notifies the public that the Commission will rely on the voluntary standard to eliminate or reduce the risk of injury. “(c) No consumer product safety rule may be proposed by the Publication in Federal Register. Commission unless, not less than 60 days after publication of the notice required in subsection (a), the Commission publishes in the Federal Register the text of the proposed rule, including any alternatives, which the Commission proposes to promulgate, together with a preliminary regulatory analysis containing— “(1) a preliminary description of the potential benefits and potential costs of the proposed rule, including any benefits or costs that cannot be quantified in monetary terms, and an identification of those likely to receive the benefits and bear the costs; “(2) a discussion of the reasons any standard or portion of a standard submitted to the Commission under subsection (a)(5) was not published by the Commission as the proposed rule or part of the proposed rule; “(3) a discussion of the reasons for the Commission’s preliminary determination that efforts proposed under subsection (a)(6) and assisted by the Commission as required by section 5(a)(3) Post, p. 720. would not, within a reasonable period of time, be likely to result in the development of a voluntary consumer product safety standard that would eliminate or adequately reduce the risk of injury addressed by the proposed rule; and “(4) a description of any reasonable alternatives to the proposed rule, together with a summary description of their poten-tial costs and benefits, and a brief explanation of why such alternatives should not be published as a proposed rule. Transmittal to congressional committees. The Commission shall transmit such notice within 10 calendar days to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. “(d) (1) Within 60 days after the publication under subsection (c) of a proposed consumer product safety rule respecting a risk of injury associated with a consumer product, the Commission shall— “(A) promulgate a consumer product safety rule respecting the risk of injury associated with such product, if it makes the findings required under subsection (f), or “(B) withdraw the applicable notice of proposed rulemaking if it determines that such rule is not (i) reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with the product, or (ii) in the public interest; Publication in Federal Register. except that the Commission may extend such 60-day period for good cause shown (if it publishes its reasons therefor in the Federal Register). “(2) Consumer product safety rules shall be promulgated in accordance with section 553 of title 5, United States Code, except that the Commission shall give interested persons an opportunity for the oral presentation of data, views, or arguments, in addition to an opportunity to make written submissions. A transcript shall be kept of any oral presentation. “(e) A consumer product safety rule shall express in the rule itself the risk of injury which the standard is designed to eliminate or reduce. In promulgating such a rule the Commission shall consider relevant available product data including the results of research, development, testing, and investigation activities conducted generally and pursuant to this Act. In the promulgation of such a rule the Commission shall also consider and take into account the special needs of elderly and handicapped persons to determine the extent to which such persons may be adversely affected by such rule. “(f) (1) Prior to promulgating a consumer product safety rule, the Commission shall consider, and shall make appropriate findings for inclusion in such rule with respect to— “(A) the degree and nature of the risk of injury the rule is designed to eliminate or reduce; “(B) the approximate number of consumer products, or types or classes thereof, subject to such rule; “(C) the need of the public for the consumer products subject to such rule, and the probable effect of such rule upon the utility, cost, or availability of such products to meet such need; and “(D) any means of achieving the objective of the order while minimizing adverse effects on competition or disruption or dislocation of manufacturing and other commercial practices consistent with the public health and safety. “(2) The Commission shall not promulgate a consumer product safety rule unless it has prepared, on the basis of the findings of the Commission under paragraph (1) and on other information before the Commission, a final regulatory analysis of the rule containing the following information: “(A) A description of the potential benefits and potential costs of the rule, including costs and benefits that cannot be quantified in monetary terms, and the identification of those likely to receive the benefits and bear the costs. “(B) A description of any alternatives to the final rule which were considered by the Commission, together with a summary description of their potential benefits and costs and a brief explanation of the reasons why these alternatives were not chosen. “(C) A summary of any significant issues raised by the comments submitted during the public comment period in response to the preliminary regulatory analysis, and a summary of the assessment by the Commission of such issues. The Commission shall publish its final regulatory analysis with the rule. “(3) The Commission shall not promulgate a consumer product safety rule unless it finds (and includes such finding in the rule)— “(A) that the rule (including its effective date) is reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with such product; “(B) that the promulgation of the rule is in the public interest; “(C) in the case of a rule declaring the product a banned hazardous product, that no feasible consumer product safety standard under this Act would adequately protect the public from the unreasonable risk of injury associated with such product; “(D) in the case of a rule which relates to a risk of injury with respect to which persons who would be subject to such rule have adopted and implemented a voluntary consumer product safety standard, that— “(i) compliance with such voluntary consumer product safety standard is not likely to result in the elimination or adequate reduction of such risk of injury; or “(ii) it is unlikely that there will be substantial compliance with such voluntary consumer product safety standard; “(E) that the benefits expected from the rule bear a reasonable relationship to its costs; and “(F) that the rule imposes the least burdensome requirement which prevents or adequately reduces the risk of injury for which the rule is being promulgated. “(4) (A) Any preliminary or final regulatory analysis prepared under subsection (c) or (f)(2) shall not be subject to independent judicial review, except that when an action for judicial review of a rule is instituted, the contents of any such regulatory analysis shall constitute part of the whole rulemaking record of agency action in connection with such review. “(B) The provisions of subparagraph (A) shall not be construed to alter the substantive or procedural standards otherwise applicable to judicial review of any action by the Commission. “(g) (1) Each consumer product safety rule shall specify the date such rule is to take effect not exceeding 180 days from the date promulgated, unless the Commission finds, for good cause shown, that a later effective date is in the public interest and publishes its reasons for such finding. The effective date of a consumer product safety standard under this Act shall be set at a date at least 30 days after the date of promulgation unless the Commission for good cause shown determines that an earlier effective date is in the public interest. In no case may the effective date be set at a date which is earlier than the date of promulgation. A consumer product safety standard shall be applicable only to consumer products manufactured after the effective date. “(2) The Commission may by rule prohibit a manufacturer of a consumer product from stockpiling any product to which a consumer product safety rule applies, so as to prevent such manufacturer from “Stockpiling.” circumventing the purpose of such consumer product safety rule. For purposes of this paragraph, the term ‘stockpiling’ means manufacturing or importing a product between the date of promulgation of such consumer product safety rule and its effective date at a rate which is significantly greater (as determined under the rule under this paragraph) than the rate at which such product was produced or imported during a base period (prescribed in the rule under this paragraph) ending before the date of promulgation of the consumer product safety rule. “(h) The Commission may by rule amend or revoke any consumer product safety rule. Such amendment or revocation shall specify the date on which it is to take effect which shall not exceed 180 days from the date the amendment or revocation is published unless the Commission finds for good cause shown that a later effective date is in the public interest and publishes its reasons for such finding. Where an amendment involves a material change in a consumer product Ante, p. 703. 15 USC 2057. Publication in Federal Register. safety rule, sections 7 and 8, and subsections (a) through (g) of this section shall apply. In order to revoke a consumer product safety rule, the Commission shall publish a proposal to revoke such rule in the Federal Register, and allow oral and written presentations in accordance with subsection (d)(2) of this section. It may revoke such rule only if it determines that the rule is not reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with 15 USC 2060. the product. Section 11 shall apply to any amendment of a consumer product safety rule which involves a material change and to any revocation of a consumer product safety rule, in the same manner and to the same extent as such section applies to the Commission’s action in promulgating such a rule.”.Effective date note
Amendment by Pub. L. 97–35 applicable with respect to regulations under this chapter and chapters 25 and 30 of this title for which notices of proposed rulemaking are issued after Aug. 14, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title.Pub. L. 97–35 title XII § 1203(a) · 95 Stat. 357
Amended · 15 U.S.C. § 2058(c)
Pub. L. 97–35 amended subsec. (c) generally
Substituted · 15 U.S.C. § 2058(c)
Pub. L. 97–35 substituting provisions relating to the publication in the Federal Register of the text of the proposed rule, including alternatives, with a preliminary regulatory analysis, and for the transmittal of such notice to certain committees of Congress for provisions relating to the requirement that the Commission make appropriate findings with respect to certain specified factors for inclusion in a consumer product safety rule
Source evidence
Code amendment note
Subsec. (c). Pub. L. 97–35 amended subsec. (c) generally, substituting provisions relating to the publication in the Federal Register of the text of the proposed rule, including alternatives, with a preliminary regulatory analysis, and for the transmittal of such notice to certain committees of Congress for provisions relating to the requirement that the Commission make appropriate findings with respect to certain specified factors for inclusion in a consumer product safety rule.Enacted provision · exact public law section
(a) Section 9 is amended to read as follows: “Sec. 9. “procedure for consumer product safety rules (a) A proceeding for the development of a consumer product safety rule shall be commenced by the publication in the Federal Register of an advance notice of proposed rulemaking which shall— “(1) identify the product and the nature of the risk of injury associated with the product; “(2) include a summary of each of the regulatory alternatives under consideration by the Commission (including voluntary consumer product safety standards); “(3) include information with respect to any existing standard known to the Commission which may be relevant to the proceedings, together with a summary of the reasons why the Commission believes preliminarily that such standard does not eliminate or adequately reduce the risk of injury identified in paragraph (1); “(4) invite interested persons to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days or more than 60 days after the date of publication of the notice), comments with respect to the risk of injury identified by the Commission, the regulatory alternatives being considered, and other possible alternatives for addressing the risk; “(5) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), an existing standard or a portion of a standard as a proposed consumer product safety standard; and “(6) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), a statement of intention to modify or develop a voluntary consumer product safety standard to address the risk of injury identified in paragraph (1) together with a description of a plan to modify or develop the standard. The Commission shall transmit such notice within 10 calendar days Transmittal to congressional committees. to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. “(b) (1) If the Commission determines that any standard submitted to it in response to an invitation in a notice published under subsection (a)(5) if promulgated (in whole, in part, or in combination with any other standard submitted to the Commission or any part of such a standard) as a consumer product safety standard, would eliminate or adequately reduce the risk of injury identified in the notice under subsection (a)(1), the Commission may publish such standard, in whole, in part, or in such combination and with nonmaterial modifications, as a proposed consumer product safety rule. “(2) If the Commission determines that— “(A) compliance with any standard submitted to it in response to an invitation in a notice published under subsection (a)(6) is likely to result in the elimination or adequate reduction of the risk of injury identified in the notice, and “(B) it is likely that there will be substantial compliance with such standard, the Commission shall terminate any proceeding to promulgate a Publication in Federal Register. consumer product safety rule respecting such risk of injury and shall publish in the Federal Register a notice which includes the determination of the Commission and which notifies the public that the Commission will rely on the voluntary standard to eliminate or reduce the risk of injury. “(c) No consumer product safety rule may be proposed by the Publication in Federal Register. Commission unless, not less than 60 days after publication of the notice required in subsection (a), the Commission publishes in the Federal Register the text of the proposed rule, including any alternatives, which the Commission proposes to promulgate, together with a preliminary regulatory analysis containing— “(1) a preliminary description of the potential benefits and potential costs of the proposed rule, including any benefits or costs that cannot be quantified in monetary terms, and an identification of those likely to receive the benefits and bear the costs; “(2) a discussion of the reasons any standard or portion of a standard submitted to the Commission under subsection (a)(5) was not published by the Commission as the proposed rule or part of the proposed rule; “(3) a discussion of the reasons for the Commission’s preliminary determination that efforts proposed under subsection (a)(6) and assisted by the Commission as required by section 5(a)(3) Post, p. 720. would not, within a reasonable period of time, be likely to result in the development of a voluntary consumer product safety standard that would eliminate or adequately reduce the risk of injury addressed by the proposed rule; and “(4) a description of any reasonable alternatives to the proposed rule, together with a summary description of their poten-tial costs and benefits, and a brief explanation of why such alternatives should not be published as a proposed rule. Transmittal to congressional committees. The Commission shall transmit such notice within 10 calendar days to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. “(d) (1) Within 60 days after the publication under subsection (c) of a proposed consumer product safety rule respecting a risk of injury associated with a consumer product, the Commission shall— “(A) promulgate a consumer product safety rule respecting the risk of injury associated with such product, if it makes the findings required under subsection (f), or “(B) withdraw the applicable notice of proposed rulemaking if it determines that such rule is not (i) reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with the product, or (ii) in the public interest; Publication in Federal Register. except that the Commission may extend such 60-day period for good cause shown (if it publishes its reasons therefor in the Federal Register). “(2) Consumer product safety rules shall be promulgated in accordance with section 553 of title 5, United States Code, except that the Commission shall give interested persons an opportunity for the oral presentation of data, views, or arguments, in addition to an opportunity to make written submissions. A transcript shall be kept of any oral presentation. “(e) A consumer product safety rule shall express in the rule itself the risk of injury which the standard is designed to eliminate or reduce. In promulgating such a rule the Commission shall consider relevant available product data including the results of research, development, testing, and investigation activities conducted generally and pursuant to this Act. In the promulgation of such a rule the Commission shall also consider and take into account the special needs of elderly and handicapped persons to determine the extent to which such persons may be adversely affected by such rule. “(f) (1) Prior to promulgating a consumer product safety rule, the Commission shall consider, and shall make appropriate findings for inclusion in such rule with respect to— “(A) the degree and nature of the risk of injury the rule is designed to eliminate or reduce; “(B) the approximate number of consumer products, or types or classes thereof, subject to such rule; “(C) the need of the public for the consumer products subject to such rule, and the probable effect of such rule upon the utility, cost, or availability of such products to meet such need; and “(D) any means of achieving the objective of the order while minimizing adverse effects on competition or disruption or dislocation of manufacturing and other commercial practices consistent with the public health and safety. “(2) The Commission shall not promulgate a consumer product safety rule unless it has prepared, on the basis of the findings of the Commission under paragraph (1) and on other information before the Commission, a final regulatory analysis of the rule containing the following information: “(A) A description of the potential benefits and potential costs of the rule, including costs and benefits that cannot be quantified in monetary terms, and the identification of those likely to receive the benefits and bear the costs. “(B) A description of any alternatives to the final rule which were considered by the Commission, together with a summary description of their potential benefits and costs and a brief explanation of the reasons why these alternatives were not chosen. “(C) A summary of any significant issues raised by the comments submitted during the public comment period in response to the preliminary regulatory analysis, and a summary of the assessment by the Commission of such issues. The Commission shall publish its final regulatory analysis with the rule. “(3) The Commission shall not promulgate a consumer product safety rule unless it finds (and includes such finding in the rule)— “(A) that the rule (including its effective date) is reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with such product; “(B) that the promulgation of the rule is in the public interest; “(C) in the case of a rule declaring the product a banned hazardous product, that no feasible consumer product safety standard under this Act would adequately protect the public from the unreasonable risk of injury associated with such product; “(D) in the case of a rule which relates to a risk of injury with respect to which persons who would be subject to such rule have adopted and implemented a voluntary consumer product safety standard, that— “(i) compliance with such voluntary consumer product safety standard is not likely to result in the elimination or adequate reduction of such risk of injury; or “(ii) it is unlikely that there will be substantial compliance with such voluntary consumer product safety standard; “(E) that the benefits expected from the rule bear a reasonable relationship to its costs; and “(F) that the rule imposes the least burdensome requirement which prevents or adequately reduces the risk of injury for which the rule is being promulgated. “(4) (A) Any preliminary or final regulatory analysis prepared under subsection (c) or (f)(2) shall not be subject to independent judicial review, except that when an action for judicial review of a rule is instituted, the contents of any such regulatory analysis shall constitute part of the whole rulemaking record of agency action in connection with such review. “(B) The provisions of subparagraph (A) shall not be construed to alter the substantive or procedural standards otherwise applicable to judicial review of any action by the Commission. “(g) (1) Each consumer product safety rule shall specify the date such rule is to take effect not exceeding 180 days from the date promulgated, unless the Commission finds, for good cause shown, that a later effective date is in the public interest and publishes its reasons for such finding. The effective date of a consumer product safety standard under this Act shall be set at a date at least 30 days after the date of promulgation unless the Commission for good cause shown determines that an earlier effective date is in the public interest. In no case may the effective date be set at a date which is earlier than the date of promulgation. A consumer product safety standard shall be applicable only to consumer products manufactured after the effective date. “(2) The Commission may by rule prohibit a manufacturer of a consumer product from stockpiling any product to which a consumer product safety rule applies, so as to prevent such manufacturer from “Stockpiling.” circumventing the purpose of such consumer product safety rule. For purposes of this paragraph, the term ‘stockpiling’ means manufacturing or importing a product between the date of promulgation of such consumer product safety rule and its effective date at a rate which is significantly greater (as determined under the rule under this paragraph) than the rate at which such product was produced or imported during a base period (prescribed in the rule under this paragraph) ending before the date of promulgation of the consumer product safety rule. “(h) The Commission may by rule amend or revoke any consumer product safety rule. Such amendment or revocation shall specify the date on which it is to take effect which shall not exceed 180 days from the date the amendment or revocation is published unless the Commission finds for good cause shown that a later effective date is in the public interest and publishes its reasons for such finding. Where an amendment involves a material change in a consumer product Ante, p. 703. 15 USC 2057. Publication in Federal Register. safety rule, sections 7 and 8, and subsections (a) through (g) of this section shall apply. In order to revoke a consumer product safety rule, the Commission shall publish a proposal to revoke such rule in the Federal Register, and allow oral and written presentations in accordance with subsection (d)(2) of this section. It may revoke such rule only if it determines that the rule is not reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with 15 USC 2060. the product. Section 11 shall apply to any amendment of a consumer product safety rule which involves a material change and to any revocation of a consumer product safety rule, in the same manner and to the same extent as such section applies to the Commission’s action in promulgating such a rule.”.Effective date note
Amendment by Pub. L. 97–35 applicable with respect to regulations under this chapter and chapters 25 and 30 of this title for which notices of proposed rulemaking are issued after Aug. 14, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title.Pub. L. 97–35 title XII § 1203(a) · 95 Stat. 357
Amended · 15 U.S.C. § 2058(d)
Pub. L. 97–35 amended subsec. (d) generally
Substituted · 15 U.S.C. § 2058(d)
Pub. L. 97–35 substituting provisions relating to the time for promulgation of the rule in accordance with section 553 of title 5 or withdrawal of the applicable notice for provisions relating to the effective dates for rules and standards and the authority of the Commission to prohibit stockpiling
Source evidence
Code amendment note
Subsec. (d). Pub. L. 97–35 amended subsec. (d) generally, substituting provisions relating to the time for promulgation of the rule in accordance with section 553 of title 5 or withdrawal of the applicable notice for provisions relating to the effective dates for rules and standards and the authority of the Commission to prohibit stockpiling.Enacted provision · exact public law section
(a) Section 9 is amended to read as follows: “Sec. 9. “procedure for consumer product safety rules (a) A proceeding for the development of a consumer product safety rule shall be commenced by the publication in the Federal Register of an advance notice of proposed rulemaking which shall— “(1) identify the product and the nature of the risk of injury associated with the product; “(2) include a summary of each of the regulatory alternatives under consideration by the Commission (including voluntary consumer product safety standards); “(3) include information with respect to any existing standard known to the Commission which may be relevant to the proceedings, together with a summary of the reasons why the Commission believes preliminarily that such standard does not eliminate or adequately reduce the risk of injury identified in paragraph (1); “(4) invite interested persons to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days or more than 60 days after the date of publication of the notice), comments with respect to the risk of injury identified by the Commission, the regulatory alternatives being considered, and other possible alternatives for addressing the risk; “(5) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), an existing standard or a portion of a standard as a proposed consumer product safety standard; and “(6) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), a statement of intention to modify or develop a voluntary consumer product safety standard to address the risk of injury identified in paragraph (1) together with a description of a plan to modify or develop the standard. The Commission shall transmit such notice within 10 calendar days Transmittal to congressional committees. to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. “(b) (1) If the Commission determines that any standard submitted to it in response to an invitation in a notice published under subsection (a)(5) if promulgated (in whole, in part, or in combination with any other standard submitted to the Commission or any part of such a standard) as a consumer product safety standard, would eliminate or adequately reduce the risk of injury identified in the notice under subsection (a)(1), the Commission may publish such standard, in whole, in part, or in such combination and with nonmaterial modifications, as a proposed consumer product safety rule. “(2) If the Commission determines that— “(A) compliance with any standard submitted to it in response to an invitation in a notice published under subsection (a)(6) is likely to result in the elimination or adequate reduction of the risk of injury identified in the notice, and “(B) it is likely that there will be substantial compliance with such standard, the Commission shall terminate any proceeding to promulgate a Publication in Federal Register. consumer product safety rule respecting such risk of injury and shall publish in the Federal Register a notice which includes the determination of the Commission and which notifies the public that the Commission will rely on the voluntary standard to eliminate or reduce the risk of injury. “(c) No consumer product safety rule may be proposed by the Publication in Federal Register. Commission unless, not less than 60 days after publication of the notice required in subsection (a), the Commission publishes in the Federal Register the text of the proposed rule, including any alternatives, which the Commission proposes to promulgate, together with a preliminary regulatory analysis containing— “(1) a preliminary description of the potential benefits and potential costs of the proposed rule, including any benefits or costs that cannot be quantified in monetary terms, and an identification of those likely to receive the benefits and bear the costs; “(2) a discussion of the reasons any standard or portion of a standard submitted to the Commission under subsection (a)(5) was not published by the Commission as the proposed rule or part of the proposed rule; “(3) a discussion of the reasons for the Commission’s preliminary determination that efforts proposed under subsection (a)(6) and assisted by the Commission as required by section 5(a)(3) Post, p. 720. would not, within a reasonable period of time, be likely to result in the development of a voluntary consumer product safety standard that would eliminate or adequately reduce the risk of injury addressed by the proposed rule; and “(4) a description of any reasonable alternatives to the proposed rule, together with a summary description of their poten-tial costs and benefits, and a brief explanation of why such alternatives should not be published as a proposed rule. Transmittal to congressional committees. The Commission shall transmit such notice within 10 calendar days to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. “(d) (1) Within 60 days after the publication under subsection (c) of a proposed consumer product safety rule respecting a risk of injury associated with a consumer product, the Commission shall— “(A) promulgate a consumer product safety rule respecting the risk of injury associated with such product, if it makes the findings required under subsection (f), or “(B) withdraw the applicable notice of proposed rulemaking if it determines that such rule is not (i) reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with the product, or (ii) in the public interest; Publication in Federal Register. except that the Commission may extend such 60-day period for good cause shown (if it publishes its reasons therefor in the Federal Register). “(2) Consumer product safety rules shall be promulgated in accordance with section 553 of title 5, United States Code, except that the Commission shall give interested persons an opportunity for the oral presentation of data, views, or arguments, in addition to an opportunity to make written submissions. A transcript shall be kept of any oral presentation. “(e) A consumer product safety rule shall express in the rule itself the risk of injury which the standard is designed to eliminate or reduce. In promulgating such a rule the Commission shall consider relevant available product data including the results of research, development, testing, and investigation activities conducted generally and pursuant to this Act. In the promulgation of such a rule the Commission shall also consider and take into account the special needs of elderly and handicapped persons to determine the extent to which such persons may be adversely affected by such rule. “(f) (1) Prior to promulgating a consumer product safety rule, the Commission shall consider, and shall make appropriate findings for inclusion in such rule with respect to— “(A) the degree and nature of the risk of injury the rule is designed to eliminate or reduce; “(B) the approximate number of consumer products, or types or classes thereof, subject to such rule; “(C) the need of the public for the consumer products subject to such rule, and the probable effect of such rule upon the utility, cost, or availability of such products to meet such need; and “(D) any means of achieving the objective of the order while minimizing adverse effects on competition or disruption or dislocation of manufacturing and other commercial practices consistent with the public health and safety. “(2) The Commission shall not promulgate a consumer product safety rule unless it has prepared, on the basis of the findings of the Commission under paragraph (1) and on other information before the Commission, a final regulatory analysis of the rule containing the following information: “(A) A description of the potential benefits and potential costs of the rule, including costs and benefits that cannot be quantified in monetary terms, and the identification of those likely to receive the benefits and bear the costs. “(B) A description of any alternatives to the final rule which were considered by the Commission, together with a summary description of their potential benefits and costs and a brief explanation of the reasons why these alternatives were not chosen. “(C) A summary of any significant issues raised by the comments submitted during the public comment period in response to the preliminary regulatory analysis, and a summary of the assessment by the Commission of such issues. The Commission shall publish its final regulatory analysis with the rule. “(3) The Commission shall not promulgate a consumer product safety rule unless it finds (and includes such finding in the rule)— “(A) that the rule (including its effective date) is reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with such product; “(B) that the promulgation of the rule is in the public interest; “(C) in the case of a rule declaring the product a banned hazardous product, that no feasible consumer product safety standard under this Act would adequately protect the public from the unreasonable risk of injury associated with such product; “(D) in the case of a rule which relates to a risk of injury with respect to which persons who would be subject to such rule have adopted and implemented a voluntary consumer product safety standard, that— “(i) compliance with such voluntary consumer product safety standard is not likely to result in the elimination or adequate reduction of such risk of injury; or “(ii) it is unlikely that there will be substantial compliance with such voluntary consumer product safety standard; “(E) that the benefits expected from the rule bear a reasonable relationship to its costs; and “(F) that the rule imposes the least burdensome requirement which prevents or adequately reduces the risk of injury for which the rule is being promulgated. “(4) (A) Any preliminary or final regulatory analysis prepared under subsection (c) or (f)(2) shall not be subject to independent judicial review, except that when an action for judicial review of a rule is instituted, the contents of any such regulatory analysis shall constitute part of the whole rulemaking record of agency action in connection with such review. “(B) The provisions of subparagraph (A) shall not be construed to alter the substantive or procedural standards otherwise applicable to judicial review of any action by the Commission. “(g) (1) Each consumer product safety rule shall specify the date such rule is to take effect not exceeding 180 days from the date promulgated, unless the Commission finds, for good cause shown, that a later effective date is in the public interest and publishes its reasons for such finding. The effective date of a consumer product safety standard under this Act shall be set at a date at least 30 days after the date of promulgation unless the Commission for good cause shown determines that an earlier effective date is in the public interest. In no case may the effective date be set at a date which is earlier than the date of promulgation. A consumer product safety standard shall be applicable only to consumer products manufactured after the effective date. “(2) The Commission may by rule prohibit a manufacturer of a consumer product from stockpiling any product to which a consumer product safety rule applies, so as to prevent such manufacturer from “Stockpiling.” circumventing the purpose of such consumer product safety rule. For purposes of this paragraph, the term ‘stockpiling’ means manufacturing or importing a product between the date of promulgation of such consumer product safety rule and its effective date at a rate which is significantly greater (as determined under the rule under this paragraph) than the rate at which such product was produced or imported during a base period (prescribed in the rule under this paragraph) ending before the date of promulgation of the consumer product safety rule. “(h) The Commission may by rule amend or revoke any consumer product safety rule. Such amendment or revocation shall specify the date on which it is to take effect which shall not exceed 180 days from the date the amendment or revocation is published unless the Commission finds for good cause shown that a later effective date is in the public interest and publishes its reasons for such finding. Where an amendment involves a material change in a consumer product Ante, p. 703. 15 USC 2057. Publication in Federal Register. safety rule, sections 7 and 8, and subsections (a) through (g) of this section shall apply. In order to revoke a consumer product safety rule, the Commission shall publish a proposal to revoke such rule in the Federal Register, and allow oral and written presentations in accordance with subsection (d)(2) of this section. It may revoke such rule only if it determines that the rule is not reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with 15 USC 2060. the product. Section 11 shall apply to any amendment of a consumer product safety rule which involves a material change and to any revocation of a consumer product safety rule, in the same manner and to the same extent as such section applies to the Commission’s action in promulgating such a rule.”.Effective date note
Amendment by Pub. L. 97–35 applicable with respect to regulations under this chapter and chapters 25 and 30 of this title for which notices of proposed rulemaking are issued after Aug. 14, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title.Pub. L. 97–35 title XII § 1203(a) · 95 Stat. 357
Amended · 15 U.S.C. § 2058(e)
Pub. L. 97–35 amended subsec. (e) generally
Substituted · 15 U.S.C. § 2058(e)
Pub. L. 97–35 substituting provisions relating to the requirement that the consumer product safety rule express the risk of injury which is to be eliminated or reduced and requiring, that in promulgating the rule, the Commission to consider available product data and the needs of the elderly and handicapped persons for provisions relating to the amendment and revocation of rules
Source evidence
Code amendment note
Subsec. (e). Pub. L. 97–35 amended subsec. (e) generally, substituting provisions relating to the requirement that the consumer product safety rule express the risk of injury which is to be eliminated or reduced and requiring, that in promulgating the rule, the Commission to consider available product data and the needs of the elderly and handicapped persons for provisions relating to the amendment and revocation of rules.Enacted provision · exact public law section
(a) Section 9 is amended to read as follows: “Sec. 9. “procedure for consumer product safety rules (a) A proceeding for the development of a consumer product safety rule shall be commenced by the publication in the Federal Register of an advance notice of proposed rulemaking which shall— “(1) identify the product and the nature of the risk of injury associated with the product; “(2) include a summary of each of the regulatory alternatives under consideration by the Commission (including voluntary consumer product safety standards); “(3) include information with respect to any existing standard known to the Commission which may be relevant to the proceedings, together with a summary of the reasons why the Commission believes preliminarily that such standard does not eliminate or adequately reduce the risk of injury identified in paragraph (1); “(4) invite interested persons to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days or more than 60 days after the date of publication of the notice), comments with respect to the risk of injury identified by the Commission, the regulatory alternatives being considered, and other possible alternatives for addressing the risk; “(5) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), an existing standard or a portion of a standard as a proposed consumer product safety standard; and “(6) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), a statement of intention to modify or develop a voluntary consumer product safety standard to address the risk of injury identified in paragraph (1) together with a description of a plan to modify or develop the standard. The Commission shall transmit such notice within 10 calendar days Transmittal to congressional committees. to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. “(b) (1) If the Commission determines that any standard submitted to it in response to an invitation in a notice published under subsection (a)(5) if promulgated (in whole, in part, or in combination with any other standard submitted to the Commission or any part of such a standard) as a consumer product safety standard, would eliminate or adequately reduce the risk of injury identified in the notice under subsection (a)(1), the Commission may publish such standard, in whole, in part, or in such combination and with nonmaterial modifications, as a proposed consumer product safety rule. “(2) If the Commission determines that— “(A) compliance with any standard submitted to it in response to an invitation in a notice published under subsection (a)(6) is likely to result in the elimination or adequate reduction of the risk of injury identified in the notice, and “(B) it is likely that there will be substantial compliance with such standard, the Commission shall terminate any proceeding to promulgate a Publication in Federal Register. consumer product safety rule respecting such risk of injury and shall publish in the Federal Register a notice which includes the determination of the Commission and which notifies the public that the Commission will rely on the voluntary standard to eliminate or reduce the risk of injury. “(c) No consumer product safety rule may be proposed by the Publication in Federal Register. Commission unless, not less than 60 days after publication of the notice required in subsection (a), the Commission publishes in the Federal Register the text of the proposed rule, including any alternatives, which the Commission proposes to promulgate, together with a preliminary regulatory analysis containing— “(1) a preliminary description of the potential benefits and potential costs of the proposed rule, including any benefits or costs that cannot be quantified in monetary terms, and an identification of those likely to receive the benefits and bear the costs; “(2) a discussion of the reasons any standard or portion of a standard submitted to the Commission under subsection (a)(5) was not published by the Commission as the proposed rule or part of the proposed rule; “(3) a discussion of the reasons for the Commission’s preliminary determination that efforts proposed under subsection (a)(6) and assisted by the Commission as required by section 5(a)(3) Post, p. 720. would not, within a reasonable period of time, be likely to result in the development of a voluntary consumer product safety standard that would eliminate or adequately reduce the risk of injury addressed by the proposed rule; and “(4) a description of any reasonable alternatives to the proposed rule, together with a summary description of their poten-tial costs and benefits, and a brief explanation of why such alternatives should not be published as a proposed rule. Transmittal to congressional committees. The Commission shall transmit such notice within 10 calendar days to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. “(d) (1) Within 60 days after the publication under subsection (c) of a proposed consumer product safety rule respecting a risk of injury associated with a consumer product, the Commission shall— “(A) promulgate a consumer product safety rule respecting the risk of injury associated with such product, if it makes the findings required under subsection (f), or “(B) withdraw the applicable notice of proposed rulemaking if it determines that such rule is not (i) reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with the product, or (ii) in the public interest; Publication in Federal Register. except that the Commission may extend such 60-day period for good cause shown (if it publishes its reasons therefor in the Federal Register). “(2) Consumer product safety rules shall be promulgated in accordance with section 553 of title 5, United States Code, except that the Commission shall give interested persons an opportunity for the oral presentation of data, views, or arguments, in addition to an opportunity to make written submissions. A transcript shall be kept of any oral presentation. “(e) A consumer product safety rule shall express in the rule itself the risk of injury which the standard is designed to eliminate or reduce. In promulgating such a rule the Commission shall consider relevant available product data including the results of research, development, testing, and investigation activities conducted generally and pursuant to this Act. In the promulgation of such a rule the Commission shall also consider and take into account the special needs of elderly and handicapped persons to determine the extent to which such persons may be adversely affected by such rule. “(f) (1) Prior to promulgating a consumer product safety rule, the Commission shall consider, and shall make appropriate findings for inclusion in such rule with respect to— “(A) the degree and nature of the risk of injury the rule is designed to eliminate or reduce; “(B) the approximate number of consumer products, or types or classes thereof, subject to such rule; “(C) the need of the public for the consumer products subject to such rule, and the probable effect of such rule upon the utility, cost, or availability of such products to meet such need; and “(D) any means of achieving the objective of the order while minimizing adverse effects on competition or disruption or dislocation of manufacturing and other commercial practices consistent with the public health and safety. “(2) The Commission shall not promulgate a consumer product safety rule unless it has prepared, on the basis of the findings of the Commission under paragraph (1) and on other information before the Commission, a final regulatory analysis of the rule containing the following information: “(A) A description of the potential benefits and potential costs of the rule, including costs and benefits that cannot be quantified in monetary terms, and the identification of those likely to receive the benefits and bear the costs. “(B) A description of any alternatives to the final rule which were considered by the Commission, together with a summary description of their potential benefits and costs and a brief explanation of the reasons why these alternatives were not chosen. “(C) A summary of any significant issues raised by the comments submitted during the public comment period in response to the preliminary regulatory analysis, and a summary of the assessment by the Commission of such issues. The Commission shall publish its final regulatory analysis with the rule. “(3) The Commission shall not promulgate a consumer product safety rule unless it finds (and includes such finding in the rule)— “(A) that the rule (including its effective date) is reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with such product; “(B) that the promulgation of the rule is in the public interest; “(C) in the case of a rule declaring the product a banned hazardous product, that no feasible consumer product safety standard under this Act would adequately protect the public from the unreasonable risk of injury associated with such product; “(D) in the case of a rule which relates to a risk of injury with respect to which persons who would be subject to such rule have adopted and implemented a voluntary consumer product safety standard, that— “(i) compliance with such voluntary consumer product safety standard is not likely to result in the elimination or adequate reduction of such risk of injury; or “(ii) it is unlikely that there will be substantial compliance with such voluntary consumer product safety standard; “(E) that the benefits expected from the rule bear a reasonable relationship to its costs; and “(F) that the rule imposes the least burdensome requirement which prevents or adequately reduces the risk of injury for which the rule is being promulgated. “(4) (A) Any preliminary or final regulatory analysis prepared under subsection (c) or (f)(2) shall not be subject to independent judicial review, except that when an action for judicial review of a rule is instituted, the contents of any such regulatory analysis shall constitute part of the whole rulemaking record of agency action in connection with such review. “(B) The provisions of subparagraph (A) shall not be construed to alter the substantive or procedural standards otherwise applicable to judicial review of any action by the Commission. “(g) (1) Each consumer product safety rule shall specify the date such rule is to take effect not exceeding 180 days from the date promulgated, unless the Commission finds, for good cause shown, that a later effective date is in the public interest and publishes its reasons for such finding. The effective date of a consumer product safety standard under this Act shall be set at a date at least 30 days after the date of promulgation unless the Commission for good cause shown determines that an earlier effective date is in the public interest. In no case may the effective date be set at a date which is earlier than the date of promulgation. A consumer product safety standard shall be applicable only to consumer products manufactured after the effective date. “(2) The Commission may by rule prohibit a manufacturer of a consumer product from stockpiling any product to which a consumer product safety rule applies, so as to prevent such manufacturer from “Stockpiling.” circumventing the purpose of such consumer product safety rule. For purposes of this paragraph, the term ‘stockpiling’ means manufacturing or importing a product between the date of promulgation of such consumer product safety rule and its effective date at a rate which is significantly greater (as determined under the rule under this paragraph) than the rate at which such product was produced or imported during a base period (prescribed in the rule under this paragraph) ending before the date of promulgation of the consumer product safety rule. “(h) The Commission may by rule amend or revoke any consumer product safety rule. Such amendment or revocation shall specify the date on which it is to take effect which shall not exceed 180 days from the date the amendment or revocation is published unless the Commission finds for good cause shown that a later effective date is in the public interest and publishes its reasons for such finding. Where an amendment involves a material change in a consumer product Ante, p. 703. 15 USC 2057. Publication in Federal Register. safety rule, sections 7 and 8, and subsections (a) through (g) of this section shall apply. In order to revoke a consumer product safety rule, the Commission shall publish a proposal to revoke such rule in the Federal Register, and allow oral and written presentations in accordance with subsection (d)(2) of this section. It may revoke such rule only if it determines that the rule is not reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with 15 USC 2060. the product. Section 11 shall apply to any amendment of a consumer product safety rule which involves a material change and to any revocation of a consumer product safety rule, in the same manner and to the same extent as such section applies to the Commission’s action in promulgating such a rule.”.Effective date note
Amendment by Pub. L. 97–35 applicable with respect to regulations under this chapter and chapters 25 and 30 of this title for which notices of proposed rulemaking are issued after Aug. 14, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title.Pub. L. 97–35 title XII § 1203(a) · 95 Stat. 357
Added · 15 U.S.C. § 2058(f)(h)
Pub. L. 97–35 added subsecs. (f) to (h)
Source evidence
Code amendment note
Subsecs. (f) to (h). Pub. L. 97–35 added subsecs. (f) to (h).Enacted provision · exact public law section
(a) Section 9 is amended to read as follows: “Sec. 9. “procedure for consumer product safety rules (a) A proceeding for the development of a consumer product safety rule shall be commenced by the publication in the Federal Register of an advance notice of proposed rulemaking which shall— “(1) identify the product and the nature of the risk of injury associated with the product; “(2) include a summary of each of the regulatory alternatives under consideration by the Commission (including voluntary consumer product safety standards); “(3) include information with respect to any existing standard known to the Commission which may be relevant to the proceedings, together with a summary of the reasons why the Commission believes preliminarily that such standard does not eliminate or adequately reduce the risk of injury identified in paragraph (1); “(4) invite interested persons to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days or more than 60 days after the date of publication of the notice), comments with respect to the risk of injury identified by the Commission, the regulatory alternatives being considered, and other possible alternatives for addressing the risk; “(5) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), an existing standard or a portion of a standard as a proposed consumer product safety standard; and “(6) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), a statement of intention to modify or develop a voluntary consumer product safety standard to address the risk of injury identified in paragraph (1) together with a description of a plan to modify or develop the standard. The Commission shall transmit such notice within 10 calendar days Transmittal to congressional committees. to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. “(b) (1) If the Commission determines that any standard submitted to it in response to an invitation in a notice published under subsection (a)(5) if promulgated (in whole, in part, or in combination with any other standard submitted to the Commission or any part of such a standard) as a consumer product safety standard, would eliminate or adequately reduce the risk of injury identified in the notice under subsection (a)(1), the Commission may publish such standard, in whole, in part, or in such combination and with nonmaterial modifications, as a proposed consumer product safety rule. “(2) If the Commission determines that— “(A) compliance with any standard submitted to it in response to an invitation in a notice published under subsection (a)(6) is likely to result in the elimination or adequate reduction of the risk of injury identified in the notice, and “(B) it is likely that there will be substantial compliance with such standard, the Commission shall terminate any proceeding to promulgate a Publication in Federal Register. consumer product safety rule respecting such risk of injury and shall publish in the Federal Register a notice which includes the determination of the Commission and which notifies the public that the Commission will rely on the voluntary standard to eliminate or reduce the risk of injury. “(c) No consumer product safety rule may be proposed by the Publication in Federal Register. Commission unless, not less than 60 days after publication of the notice required in subsection (a), the Commission publishes in the Federal Register the text of the proposed rule, including any alternatives, which the Commission proposes to promulgate, together with a preliminary regulatory analysis containing— “(1) a preliminary description of the potential benefits and potential costs of the proposed rule, including any benefits or costs that cannot be quantified in monetary terms, and an identification of those likely to receive the benefits and bear the costs; “(2) a discussion of the reasons any standard or portion of a standard submitted to the Commission under subsection (a)(5) was not published by the Commission as the proposed rule or part of the proposed rule; “(3) a discussion of the reasons for the Commission’s preliminary determination that efforts proposed under subsection (a)(6) and assisted by the Commission as required by section 5(a)(3) Post, p. 720. would not, within a reasonable period of time, be likely to result in the development of a voluntary consumer product safety standard that would eliminate or adequately reduce the risk of injury addressed by the proposed rule; and “(4) a description of any reasonable alternatives to the proposed rule, together with a summary description of their poten-tial costs and benefits, and a brief explanation of why such alternatives should not be published as a proposed rule. Transmittal to congressional committees. The Commission shall transmit such notice within 10 calendar days to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. “(d) (1) Within 60 days after the publication under subsection (c) of a proposed consumer product safety rule respecting a risk of injury associated with a consumer product, the Commission shall— “(A) promulgate a consumer product safety rule respecting the risk of injury associated with such product, if it makes the findings required under subsection (f), or “(B) withdraw the applicable notice of proposed rulemaking if it determines that such rule is not (i) reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with the product, or (ii) in the public interest; Publication in Federal Register. except that the Commission may extend such 60-day period for good cause shown (if it publishes its reasons therefor in the Federal Register). “(2) Consumer product safety rules shall be promulgated in accordance with section 553 of title 5, United States Code, except that the Commission shall give interested persons an opportunity for the oral presentation of data, views, or arguments, in addition to an opportunity to make written submissions. A transcript shall be kept of any oral presentation. “(e) A consumer product safety rule shall express in the rule itself the risk of injury which the standard is designed to eliminate or reduce. In promulgating such a rule the Commission shall consider relevant available product data including the results of research, development, testing, and investigation activities conducted generally and pursuant to this Act. In the promulgation of such a rule the Commission shall also consider and take into account the special needs of elderly and handicapped persons to determine the extent to which such persons may be adversely affected by such rule. “(f) (1) Prior to promulgating a consumer product safety rule, the Commission shall consider, and shall make appropriate findings for inclusion in such rule with respect to— “(A) the degree and nature of the risk of injury the rule is designed to eliminate or reduce; “(B) the approximate number of consumer products, or types or classes thereof, subject to such rule; “(C) the need of the public for the consumer products subject to such rule, and the probable effect of such rule upon the utility, cost, or availability of such products to meet such need; and “(D) any means of achieving the objective of the order while minimizing adverse effects on competition or disruption or dislocation of manufacturing and other commercial practices consistent with the public health and safety. “(2) The Commission shall not promulgate a consumer product safety rule unless it has prepared, on the basis of the findings of the Commission under paragraph (1) and on other information before the Commission, a final regulatory analysis of the rule containing the following information: “(A) A description of the potential benefits and potential costs of the rule, including costs and benefits that cannot be quantified in monetary terms, and the identification of those likely to receive the benefits and bear the costs. “(B) A description of any alternatives to the final rule which were considered by the Commission, together with a summary description of their potential benefits and costs and a brief explanation of the reasons why these alternatives were not chosen. “(C) A summary of any significant issues raised by the comments submitted during the public comment period in response to the preliminary regulatory analysis, and a summary of the assessment by the Commission of such issues. The Commission shall publish its final regulatory analysis with the rule. “(3) The Commission shall not promulgate a consumer product safety rule unless it finds (and includes such finding in the rule)— “(A) that the rule (including its effective date) is reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with such product; “(B) that the promulgation of the rule is in the public interest; “(C) in the case of a rule declaring the product a banned hazardous product, that no feasible consumer product safety standard under this Act would adequately protect the public from the unreasonable risk of injury associated with such product; “(D) in the case of a rule which relates to a risk of injury with respect to which persons who would be subject to such rule have adopted and implemented a voluntary consumer product safety standard, that— “(i) compliance with such voluntary consumer product safety standard is not likely to result in the elimination or adequate reduction of such risk of injury; or “(ii) it is unlikely that there will be substantial compliance with such voluntary consumer product safety standard; “(E) that the benefits expected from the rule bear a reasonable relationship to its costs; and “(F) that the rule imposes the least burdensome requirement which prevents or adequately reduces the risk of injury for which the rule is being promulgated. “(4) (A) Any preliminary or final regulatory analysis prepared under subsection (c) or (f)(2) shall not be subject to independent judicial review, except that when an action for judicial review of a rule is instituted, the contents of any such regulatory analysis shall constitute part of the whole rulemaking record of agency action in connection with such review. “(B) The provisions of subparagraph (A) shall not be construed to alter the substantive or procedural standards otherwise applicable to judicial review of any action by the Commission. “(g) (1) Each consumer product safety rule shall specify the date such rule is to take effect not exceeding 180 days from the date promulgated, unless the Commission finds, for good cause shown, that a later effective date is in the public interest and publishes its reasons for such finding. The effective date of a consumer product safety standard under this Act shall be set at a date at least 30 days after the date of promulgation unless the Commission for good cause shown determines that an earlier effective date is in the public interest. In no case may the effective date be set at a date which is earlier than the date of promulgation. A consumer product safety standard shall be applicable only to consumer products manufactured after the effective date. “(2) The Commission may by rule prohibit a manufacturer of a consumer product from stockpiling any product to which a consumer product safety rule applies, so as to prevent such manufacturer from “Stockpiling.” circumventing the purpose of such consumer product safety rule. For purposes of this paragraph, the term ‘stockpiling’ means manufacturing or importing a product between the date of promulgation of such consumer product safety rule and its effective date at a rate which is significantly greater (as determined under the rule under this paragraph) than the rate at which such product was produced or imported during a base period (prescribed in the rule under this paragraph) ending before the date of promulgation of the consumer product safety rule. “(h) The Commission may by rule amend or revoke any consumer product safety rule. Such amendment or revocation shall specify the date on which it is to take effect which shall not exceed 180 days from the date the amendment or revocation is published unless the Commission finds for good cause shown that a later effective date is in the public interest and publishes its reasons for such finding. Where an amendment involves a material change in a consumer product Ante, p. 703. 15 USC 2057. Publication in Federal Register. safety rule, sections 7 and 8, and subsections (a) through (g) of this section shall apply. In order to revoke a consumer product safety rule, the Commission shall publish a proposal to revoke such rule in the Federal Register, and allow oral and written presentations in accordance with subsection (d)(2) of this section. It may revoke such rule only if it determines that the rule is not reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with 15 USC 2060. the product. Section 11 shall apply to any amendment of a consumer product safety rule which involves a material change and to any revocation of a consumer product safety rule, in the same manner and to the same extent as such section applies to the Commission’s action in promulgating such a rule.”.Effective date note
Amendment by Pub. L. 97–35 applicable with respect to regulations under this chapter and chapters 25 and 30 of this title for which notices of proposed rulemaking are issued after Aug. 14, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title.Consumer Product Safety Improvement Act of 1990
Pub. L. 101–608 § 108(a) · 104 Stat. 3110
Struck and inserted · 15 U.S.C. § 2058(b)(2)
Pub. L. 101–608, § 108(a), struck out period at end and inserted “, except that the Commission shall terminate any such proceeding and rely on a voluntary standard only if such voluntary standard is in existence. For purposes of this section, a voluntary standard shall be considered to be in existence when it is finally approved by the organization or other person which developed such standard, irrespective of the effective date of the standard. Before relying upon any voluntary consumer product safety standard, the Commission shall afford interested persons (including manufacturers, consumers, and consumer organizations) a reasonable opportunity to submit written comments regarding such standard. The Commission shall consider such comments in making any determination regarding reliance on the involved voluntary standard under this subsection.”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 101–608, § 108(a), struck out period at end and inserted “, except that the Commission shall terminate any such proceeding and rely on a voluntary standard only if such voluntary standard is in existence. For purposes of this section, a voluntary standard shall be considered to be in existence when it is finally approved by the organization or other person which developed such standard, irrespective of the effective date of the standard. Before relying upon any voluntary consumer product safety standard, the Commission shall afford interested persons (including manufacturers, consumers, and consumer organizations) a reasonable opportunity to submit written comments regarding such standard. The Commission shall consider such comments in making any determination regarding reliance on the involved voluntary standard under this subsection.”Enacted provision · exact public law section
(a) Consumer Product Safety Act.— Section 9(b)(2) (15 U.S.C. 2058(b)(2)) is amended by striking out the period and inserting the following: “, except that the Commission shall terminate any such proceeding and rely on a voluntary standard only if such voluntary standard is in existence. For purposes of this section, a voluntary standard shall be considered to be in existence when it is finally approved by the organization or other person which developed such standard, irrespective of the effective date of the standard. Before relying upon any voluntary consumer product safety standard, the Commission shall afford interested persons (including manufacturers, consumers, and consumer organizations) a reasonable opportunity to submit written comments regarding such standard. The Commission shall consider such comments in making any determination regarding reliance on the involved voluntary standard under this subsection.”.Consumer Product Safety Improvement Act of 1990
Pub. L. 101–608 § 109 · 104 Stat. 3110
Inserted · 15 U.S.C. § 2058(c)
Pub. L. 101–608, § 109, inserted at end “Any proposed consumer product safety rule shall be issued within twelve months after the date of publication of an advance notice of proposed rulemaking under subsection (a) relating to the product involved, unless the Commission determines that such proposed rule is not reasonably necessary to eliminate or reduce the risk of injury associated with the product or is not in the public interest. The Commission may extend the twelve-month period for good cause. If the Commission extends such period, it shall immediately transmit notice of such extension to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. Such notice shall include an explanation of the reasons for such extension, together with an estimate of the date by which the Commission anticipates such rulemaking will be completed. The Commission shall publish notice of such extension and the information submitted to the Congress in the Federal Register.”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 101–608, § 109, inserted at end “Any proposed consumer product safety rule shall be issued within twelve months after the date of publication of an advance notice of proposed rulemaking under subsection (a) relating to the product involved, unless the Commission determines that such proposed rule is not reasonably necessary to eliminate or reduce the risk of injury associated with the product or is not in the public interest. The Commission may extend the twelve-month period for good cause. If the Commission extends such period, it shall immediately transmit notice of such extension to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. Such notice shall include an explanation of the reasons for such extension, together with an estimate of the date by which the Commission anticipates such rulemaking will be completed. The Commission shall publish notice of such extension and the information submitted to the Congress in the Federal Register.”Enacted provision · exact public law section
SEC. 109. PROPOSED RULES. Section 9(c) (15 U.S.C. 2058(c)) is amended by adding at the end the following: “Any proposed consumer product safety rule shall be issued within twelve months after the date of publication of an advance notice of proposed rulemaking under subsection (a) relating to the product involved, unless the Commission determines that such proposed rule is not reasonably necessary to eliminate or reduce the risk of iiyury associated with the product or is not in the public interest. The Commission may extend the twelve-month period for good cause. If the Commission extends such period, it shall immediately transmit notice of such extension to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. Such notice shall include an explanation of the reasons for such extension, together with an estimate of the date by which the Commission anticipates such rulemaking will be completed. The Federal Register, publication. Commission shall publish notice of such extension and the information submitted to the Congress in the Federal Register.”.Consumer Product Safety Improvement Act of 1990
Pub. L. 101–608 § 110(a) · 104 Stat. 3110
Added · 15 U.S.C. § 2058(i)
Pub. L. 101–608, § 110(a), added subsec. (i)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 101–608, § 110(a), added subsec. (i).Enacted provision · exact public law section
(a) Consumer Product Safety Act.— Section 9 (15 U.S.C. 2058) is amended by adding at the end the following: “(i) The Commission shall grant, in whole or in part, or deny any petition under section 553(e) of title 5, United States Code, requesting the Commission to initiate a rulemaking, within a reasonable time after the date on which such petition is filed. The Commission shall state the reasons for granting or denying such petition. The Commission may not deny any such petition on the basis of a voluntary standard unless the voluntary standard is in existence at the time of the denial of the petition, the Commission has determined that the voluntary standard is likely to result in the elimination or adequate reduction of the risk of injury identified in the petition, and it is likely that there will be substantial compliance with the standard.”.Consumer Product Safety Improvement Act of 2008
Pub. L. 110–314 title II · 122 Stat. 3016
Substituted · 15 U.S.C. § 2058(a)
Pub. L. 110–314, §§ 204(a)(1)(A), 235(c)(3), substituted “may be commenced” for “shall be commenced” in concluding provisions
Substituted · 15 U.S.C. § 2058(a)
Pub. L. 110–314, §§ 204(a)(1)(A), 235(c)(3), substituted “the appropriate Congressional committees” for “the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives” in concluding provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 110–314, §§ 204(a)(1)(A), 235(c)(3), substituted “may be commenced” for “shall be commenced” in introductory provisions and “the appropriate Congressional committees” for “the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives” in concluding provisions.Enacted provision · exact public law
TITLE II— CONSUMER PRODUCT SAFETY COMMISSION REFORM Subtitle A— Administrative Improvements SEC. 201. REAUTHORIZATION OF THE COMMISSION. (a) Authorization of Appropriations.— Subsection (a) of section 32 (15 U.S.C. 2081) is amended to read as follows: “(a) General Authorization of Appropriations.— “(1) In general.— There are authorized to be appropriated to the Commission for the purpose of carrying out the provisions of this Act and any other provision of law the Commission is authorized or directed to carry out— “(A) $118,200,000 for fiscal year 2010; “(B) $115,640,000 for fiscal year 2011; “(C) $123,994,000 for fiscal year 2012; “(D) $131,783,000 for fiscal year 2013; and “(E) $136,409,000 for fiscal year 2014. “(2) Travel allowance.— From amounts appropriated pursuant to paragraph (1), there shall be made available $1,200,000 for fiscal year 2010, $1,248,000 for fiscal year 2011, $1,297,000 for fiscal year 2012, $1,350,000 for fiscal year 2013, and $1,403,000 for fiscal year 2014, for travel, subsistence, and related expenses incurred in furtherance of the official duties of Commissioners and employees with respect to attendance at meetings or similar functions, which shall be used by the Commission for such purposes in lieu of acceptance of payment or reimbursement for such expenses from any person— “(A) seeking official action from, doing business with, or conducting activities regulated by, the Commission; or “(B) whose interests may be substantially affected by the performance or nonperformance of the Commissioner’s or employee’s official duties.” . (b) Report.— Not later than 180 days after the date of enactment of this Act, the Commission shall transmit to the appropriate Congressional committees a report of its plans to allocate the funding authorized by subsection (a). Such report shall include— (1) the number of full-time investigators and other full-time equivalents the Commission intends to employ; (2) efforts by the Commission to develop standards for training product safety inspectors and technical staff employed by the Commission; (3) efforts and policies of the Commission to encourage Commission scientific staff to seek appropriate publishing opportunities in peer-reviewed journals and other media; and (4) the efforts of the Commission to reach and educate retailers of second-hand products and informal sellers, such as thrift shops and yard sales, concerning consumer product safety rules and product recalls, especially those relating to durable nursery products, in order to prevent the resale of any products that have been recalled, including the development of educational materials for distribution not later than 1 year after the date of enactment of this Act. (c) Conforming Amendments.— Section 32 (15 U.S.C. 2081) is further amended by striking subsection (b) and redesignating subsection (c) as subsection (b) and inserting after such subsection designation the following: “Limitation.—”. SEC. 202. FULL COMMISSION REQUIREMENT; INTERIM QUORUM; PERSONNEL. (a) Temporary Quorum.— Notwithstanding section 4(d) of the Consumer Product Safety Act (15 U.S.C. 2053(d)), 2 members of the Commission, if they are not affiliated with the same political party, shall constitute a quorum for the transaction of business for the 1 year period beginning on the date of enactment of this Act. (b) Repeal of Quorum Limitation.— (1) Repeal.— Title III of Public Law 102–389 is amended by striking the first proviso in the item captioned “Consumer Product Safety Commission, Salaries and Expenses” (15 U.S.C. 2053 note). (2) Effective date.— The amendment made by paragraph (1) shall take effect 1 year after the date of enactment of this Act. (c) Personnel.— (1) Professional staff.— The Deadline. Commission shall increase the number of full-time personnel employed by the Commission to at least 500 by October 1, 2013, subject to the availability of appropriations. (2) Ports of entry; overseas inspectors.— As part of the 500 full-time employees required by paragraph (1), the Commission shall hire personnel to be assigned to duty stations at United States ports of entry, or to inspect overseas manufacturing facilities, subject to the availability of appropriations. SEC. 203. SUBMISSION OF COPY OF CERTAIN DOCUMENTS TO CONGRESS. (a) In General.— Notwithstanding any rule, regulation, or order to the contrary, the Commission shall comply with the requirements of section 27(k) of the Consumer Product Safety Act (15 U.S.C. 2076(k)) with respect to budget recommendations, legislative recommendations, testimony, and comments on legislation submitted by the Commission to the President or the Office of Management and Budget after the date of enactment of this Act. (b) Reinstatement of Requirement.— Section 3003(d) of Public Law 104–66 (31 U.S.C. 1113 note) is amended— (1) by striking “or” after the semicolon in paragraph (31); (2) by redesignating paragraph (32) as (33); and (3) by inserting after paragraph (31) the following: “(32) section 27(k) of the Consumer Product Safety Act (15 U.S.C. 2076(k)); or” . SEC. 204. EXPEDITED RULEMAKING. (a) ANPR Requirement.— (1) In general.— Section 9 (15 U.S.C. 2058) is amended— (A) by striking “shall be commenced” in subsection (a) and inserting “may be commenced”; (B) by striking “in the notice” in subsection (b) and inserting “in a notice”; (C) by striking “unless, not less than 60 days after publication of the notice required in subsection (a), the” in subsection (c) and inserting “unless the”; (D) by striking “an advance notice of proposed rulemaking under subsection (a) relating to the product involved,” in the third sentence of subsection (c) and inserting “the notice,”; and (E) by striking “Register.” in the matter following paragraph (4) of subsection (c) and inserting “Register. Nothing in this subsection shall preclude any person from submitting an existing standard or portion of a standard as a proposed consumer product safety standard.”. (2) Conforming amendment.— Section 5(a)(3) (15 U.S.C. 2054(a)(3)) is amended by striking “an advance notice of proposed rulemaking or”. (b) Rulemaking Under Federal Hazardous Substances Act.— (1) In general.— Section 3(a) of the Federal Hazardous Substances Act (15 U.S.C. 1262(a)) is amended to read as follows: “(a) Rulemaking.— “(1) In general.— Whenever in the judgment of the Commission such action will promote the objectives of this Act by avoiding or resolving uncertainty as to its application, the Commission may by regulation declare to be a hazardous substance, for the purposes of this Act, any substance or mixture of substances, which it finds meets the requirements of section 2(f)(1)(A). “(2) Procedure.— Proceedings for the issuance, amendment, or repeal of regulations under this subsection and the admissibility of the record of such proceedings in other proceedings, shall be governed by the provisions of subsections (f) through (i) of this section.” . (2) Procedure.— Section 2(q)(2) of the Federal Hazardous Substances Act (15 U.S.C. 1261(q)(2)) is amended by striking “Proceedings for the issuance, amendment, or repeal of regulations pursuant to clause (B) of subparagraph (1) of this paragraph shall be governed by the provisions of sections 701(e), (f), and (g) of the Federal Food, Drug, and Cosmetic Act: Provided, That if” and inserting “Proceedings for the issuance, amendment, or repeal of regulations pursuant to clause (B) of subparagraph (1) of this paragraph shall be governed by the provisions of subsections (f) through (i) of section 3 of this Act, except that if”. (3) ANPR requirement.— Section 3 of the Federal Hazardous Substances Act (15 U.S.C. 1262) is amended— (A) by striking “shall be commenced” in subsection (f) and inserting “may be commenced”; (B) by striking “in the notice” in subsection (g)(1) and inserting “in a notice”; (C) by striking “unless, not less than 60 days after publication of the notice required in subsection (f), the” in subsection (h) and inserting “unless the”; and (D) by striking “Committee on Commerce” and all that follows through “Representatives.” in subsection (h), and inserting “appropriate Congressional committees. Nothing in this subsection shall preclude any person from submitting an existing standard or portion of a standard as a proposed regulation.” (4) Other conforming amendments.— The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) is amended— (A) by striking paragraphs (c) and (d) of section 2 and inserting the following: “(c) The term ‘Commission’ means the Consumer Product Safety Commission.” ; (B) by striking “Secretary” each place it appears and inserting “Commission” except— (i) in section 10(b) (15 U.S.C. 1269(b)); (ii) in section 14 (15 U.S.C. 1273); and (iii) in section 21(a) (15 U.S.C. 1276(a)); (C) by striking “Department” each place it appears, except in sections 5(c)(6)(D)(i) and 14(b) (15 U.S.C. 1264(c)(6)(D)(i) and 1273(b)), and inserting “Commission”; (D) by striking “he” and “his” each place they appear in reference to the Secretary and inserting “it” and “its”, respectively; (E) by striking “Secretary of Health, Education, and Welfare” each place it appears in section 10(b) (15 U.S.C. 1269(b)) and inserting “Commission”; (F) by striking “Secretary of Health, Education, and Welfare” each place it appears in section 14 (15 U.S.C. 1273) and inserting “Commission”; (G) by striking “Department of Health, Education, and Welfare” in section 14(b) (15 U.S.C. 1273(b)) and inserting “Commission”; (H) by striking “Consumer Product Safety Commission” each place it appears and inserting “Commission”; (I) by striking “(hereinafter in this section referred to as the ‘Commission’)” in section 14(d) (15 U.S.C. 1273(d)) and section 20(a)(1) (15 U.S.C. 1275(a)(1)); and (J) by striking paragraph (5) of section 18(b) (15 U.S.C. 1261 note). (c) Rulemaking Under Flammable Fabrics Act.— (1) In general.— Section 4 of the Flammable Fabrics Act (15 U.S.C. 1193) is amended— (A) by striking “shall be commenced” in subsection (g) and inserting “may be commenced by a notice of proposed rulemaking or”; (B) by striking “unless, not less than 60 days after publication of the notice required in subsection (g), the” in subsection (i) and inserting “unless the”; and (C) by striking “Committee on Commerce” and all that follows through “Representatives.” in subsection (i), and inserting “appropriate Congressional committees. Nothing in this subsection shall preclude any person from submitting an existing standard or portion of a standard as a proposed regulation.” (2) Other conforming amendments.— The Flammable Fabrics Act (15 U.S.C. 1193) is amended— (A) by striking paragraph (i) of section 2 (15 U.S.C. 1191(i)) and inserting the following: “(i) The term ‘Commission’ means the Consumer Product Safety Commission.” ; (B) by striking “Secretary of Commerce” each place it appears and inserting “Commission”; (C) by striking “Secretary” each place it appears and inserting “Commission”, except in sections 9 and 14 (15 U.S.C. 1198 and 1201); (D) by striking “he” and “his” each place either such word appears in reference to the Secretary and inserting “it” and “its”, respectively; (E) by striking paragraph (5) of section 4(e) (15 U.S.C. 1193(e)) and redesignating paragraph (6) as paragraph (5); (F) by striking “Consumer Product Safety Commission (hereinafter in this section referred to as the ‘Commission’) in section 15 (15 U.S.C. 1202)” and inserting “Commission”; (G) by amending subsection (d) of section 16 (15 U.S.C. 1203) to read as follows: “(d) In this section, a reference to a flammability standard or other regulation for a fabric, related material, or product in effect under this Act includes a standard of flammability continued in effect by section 11 of the Act of December 14, 1967 (Public Law 90–189).” ; and (H) by striking “Consumer Product Safety Commission” in section 17 (15 U.S.C. 1204) and inserting “Commission”. SEC. 205. INSPECTOR GENERAL AUDITS AND REPORTS. (a) Improvements by the Commission.— The Inspector General of the Commission shall conduct reviews and audits to assess— (1) the Commission’s capital improvement efforts, including improvements and upgrades of the Commission’s information technology architecture and systems and the development of the database of publicly available information on incidents involving injury or death required under section 6A of the Consumer Product Safety Act, as added by section 212 of this Act; and (2) the adequacy of procedures for accrediting conformity assessment bodies as authorized by section 14(a)(3) of the Consumer Product Safety Act (15 U.S.C. 2063(a)(3)), as amended by this Act, and overseeing the third party testing required by such section. (b) Employee Complaints.— Within Deadline. Reviews. 1 year after the date of enactment of this Act, the Inspector General shall conduct a review of— (1) complaints received by the Inspector General from employees of the Commission about failures of other employees to enforce the rules or regulations of the Consumer Product Safety Act or any other Act enforced by the Commission or otherwise carry out their responsibilities under such Acts if such alleged failures raise issues of conflicts of interest, ethical violations, or the absence of good faith; and (2) actions taken by the Commission to address such failures and complaints, including an assessment of the timeliness and effectiveness of such actions. (c) Public Internet Website Links.— Not Deadline. Web site. later than 30 days after the date of enactment of this Act, the Commission shall establish and maintain— (1) a direct link on the homepage of its Internet website to the Internet webpage of the Commission’s Office of Inspector General; and (2) a mechanism on the webpage of the Commission’s Office of Inspector General by which individuals may anonymously report cases of waste, fraud, or abuse with respect to the Commission. (d) Reports.— (1) Activities and needs of inspector general.— Not later than 60 days after the date of enactment of this Act, the Inspector General of the Commission shall transmit a report to the appropriate Congressional committees on the activities of the Inspector General, any structural barriers which prevent the Inspector General from providing robust oversight of the activities of the Commission, and any additional authority or resources that would facilitate more effective oversight. (2) Reviews of improvements and employee complaints.— Beginning for Effective date. fiscal year 2010, the Inspector General of the Commission shall include in an annual report to the appropriate Congressional committees the Inspector General’s findings, conclusions, and recommendations from the reviews and audits under subsections (a) and (b). SEC. 206. INDUSTRY-SPONSORED TRAVEL BAN. (a) In General.— The Act (15 U.S.C. 1251 et seq.) is amended by adding at the end the following new section: “SEC. 39. PROHIBITION ON INDUSTRY-SPONSORED TRAVEL. “Notwithstanding section 1353 of title 31, United States Code, and section 27(b)(6) of this Act, no Commissioner or employee of the Commission shall accept travel, subsistence, or related expenses with respect to attendance by a Commissioner or employee at any meeting or similar function relating to official duties of a Commissioner or an employee, from a person— “(1) seeking official action from, doing business with, or conducting activities regulated by, the Commission; or “(2) whose interests may be substantially affected by the performance or nonperformance of the Commissioner’s or employee’s official duties.” . (b) Clerical Amendment.— The table of contents in section 1 (15 U.S.C. 2051 note) is amended by inserting at the end the following: “Sec. 39. Prohibition on industry-sponsored travel.”. SEC. 207. SHARING OF INFORMATION WITH FEDERAL, STATE, LOCAL, AND FOREIGN GOVERNMENT AGENCIES. Section 29 (15 U.S.C. 2078) is amended by adding at the end the following: “(f) Sharing of Information With Federal, State, Local, and Foreign Government Agencies.— “(1) Agreements and conditions.— Notwithstanding the requirements of subsections (a)(3) and (b) of section 6, relating to public disclosure of information, the Commission may make information obtained by the Commission available to any Federal, State, local, or foreign government agency upon the prior certification of an appropriate official of any such agency, either by a prior agreement or memorandum of understanding with the Commission or by other written certification, that such material will be maintained in confidence and will be used only for official law enforcement or consumer protection purposes, if— “(A) the agency has set forth a bona fide legal basis for its authority to maintain the material in confidence; “(B) the materials are to be used for purposes of investigating, or engaging in enforcement proceedings related to, possible violations of— “(i) laws regulating the manufacture, importation, distribution, or sale of defective or unsafe consumer products, or other practices substantially similar to practices prohibited by any law administered by the Commission; “(ii) a law administered by the Commission, if disclosure of the material would further a Commission investigation or enforcement proceeding; or “(iii) with respect to a foreign law enforcement agency, with the approval of the Attorney General, other foreign criminal laws, if such foreign criminal laws are offenses defined in or covered by a criminal mutual legal assistance treaty in force between the government of the United States and the foreign law enforcement agency’s government; and “(C) in the case of a foreign government agency, such agency is not from a foreign state that the Secretary of State has determined, in accordance with section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), has repeatedly provided support for acts of international terrorism, unless and until such determination is rescinded pursuant to section 6(j)(4) of that Act (50 U.S.C. App. 2405(j)(4)). “(2) Abrogation of agreements.— The Commission may abrogate any agreement or memorandum of understanding with another agency if the Commission determines that the other agency has failed to maintain in confidence any information provided under such agreement or memorandum of understanding, or has used any such information for purposes other than those set forth in such agreement or memorandum of understanding. “(3) Additional rules against disclosure.— Except as provided in paragraph (4), the Commission shall not be required to disclose under section 552 of title 5, United States Code, or any other provision of law— “(A) any material obtained from a foreign government agency, if the foreign government agency has requested confidential treatment, or has precluded such disclosure under other use limitations, as a condition of providing the material; “(B) any material reflecting a consumer complaint obtained from any other foreign source, if that foreign source supplying the material has requested confidential treatment as a condition of providing the material; or “(C) any material reflecting a consumer complaint submitted to a Commission reporting mechanism sponsored in part by foreign government agencies. “(4) Limitation.— Nothing in this subsection authorizes the Commission to withhold information from the Congress or prevent the Commission from complying with an order of a court of the United States in an action commenced by the United States or the Commission. “(5) Definition.— In this subsection, the term ‘foreign government agency’ means— “(A) any agency or judicial authority of a foreign government, including a foreign state, a political subdivision of a foreign state, or a multinational organization constituted by and comprised of foreign states, that is vested with law enforcement or investigative authority in civil, criminal, or administrative matters; and “(B) any multinational organization, to the extent that it is acting on behalf of an entity described in subparagraph (A). “(g) Notification to State Health Departments.— Whenever the Commission is notified of any voluntary corrective action taken by a manufacturer (or a retailer in the case of a retailer selling a product under its own label) in consultation with the Commission, or issues an order under section 15(c) or (d) with respect to any product, the Commission shall notify each State’s health department (or other agency designated by the State) of such voluntary corrective action or order.” . SEC. 208. EMPLOYEE TRAINING EXCHANGES. (a) In General.— The Commission may— (1) retain or employ officers or employees of foreign government agencies on a temporary basis pursuant to section 4 of the Consumer Product Safety Act (15 U.S.C. 2053) or section 3101 or 3109 of title 5, United States Code; and (2) detail officers or employees of the Commission to work on a temporary basis for appropriate foreign government agencies for the purpose of providing or receiving training. (b) Reciprocity and Reimbursement.— The Commission may execute the authority contained in subsection (a) with or without reimbursement in money or in kind, and with or without reciprocal arrangements by or on behalf of the foreign government agency involved. Any amounts received as reimbursement for expenses incurred by the Commission under this section shall be credited to the appropriations account from which such expenses were paid. (c) Standards of Conduct.— An individual retained or employed under subsection (a)(1) shall be considered to be a Federal employee while so retained or employed, only for purposes of— (1) injury compensation as provided in chapter 81 of title 5, United States Code, and tort claims liability under chapter 171 of title 28, United States Code; (2) the Ethics in Government Act (5 U.S.C. App.) and the provisions of chapter 11 of title 18, United States Code; and (3) any other statute or regulation governing the conduct of Federal employees. SEC. 209. ANNUAL REPORTING REQUIREMENT. (a) In General.— Section 27(j) (15 U.S.C. 2076(j)) is amended— (1) in the matter preceding paragraph (1), by striking “The Commission” and inserting “Notwithstanding section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note), the Commission”; and (2) by redesignating paragraphs (5) through (11) as paragraphs (7) through (13), respectively, and inserting after paragraph (4) the following: “(5) the number and a summary of recall orders issued under section 12 or 15 during such year and a summary of voluntary corrective actions taken by manufacturers in consultation with the Commission of which the Commission has notified the public, and an assessment of such orders and actions; “(6) beginning not later than 1 year after the date of enactment of the Consumer Product Safety Improvement Act of 2008— “(A) progress reports and incident updates with respect to action plans implemented under section 15(d); “(B) statistics with respect to injuries and deaths associated with products that the Commission determines present a substantial product hazard under section 15(c); and “(C) the number and type of communication from consumers to the Commission with respect to each product with respect to which the Commission takes action under section 15(d);” . (b) Effective Date.— The amendments made by this section shall apply with respect to reports submitted for fiscal year 2009 and thereafter. Subtitle B— Enhanced Enforcement Authority SEC. 211. PUBLIC DISCLOSURE OF INFORMATION. Section 6 (15 U.S.C. 2055) is amended— (1) by inserting “A manufacturer or private labeler shall submit any such mark within 15 calendar days after the date on which it receives the Commission’s offer.” after “paragraph (2).” in subsection (a)(3); (2) by striking “30 days” in subsection (b)(1) and inserting “15 days”; (3) by striking “finds that the public” in subsection (b)(1) and inserting “publishes a finding that the public”; (4) by striking “notice and publishes such a finding in the Federal Register),” in subsection (b)(1) and inserting “notice),”; (5) by striking “10 days” in subsection (b)(2) and inserting “5 days”; (6) by striking “finds that the public” in subsection (b)(2) and inserting “publishes a finding that the public”; (7) by striking “notice and publishes such finding in the Federal Register.” in subsection (b)(2) and inserting “notice.”; (8) in subsection (b)— (A) by striking “(3)” and inserting “(3)(A)”; and (B) by adding at the end thereof the following: “(B) If the Commission determines that the public health and safety requires expedited consideration of an action brought under subparagraph (A), the Commission may file a request with the District Court for such expedited consideration. If the Commission files such a request, the District Court shall— “(i) assign the matter for hearing at the earliest possible date; “(ii) give precedence to the matter, to the greatest extent practicable, over all other matters pending on the docket of the court at the time; “(iii) expedite consideration of the matter to the greatest extent practicable; and “(iv) grant or deny the requested injunction within 30 days after the date on which the Commission’s request was filed with the court.” ; (9) by striking “section 19 (related to prohibited acts);” in subsection (b)(4) and inserting “any consumer product safety rule or provision of this Act or similar rule or provision of any other Act enforced by the Commission;”; (10) by striking “or” after the semicolon in subsection (b)(5)(B); (11) by striking “disclosure.” in subsection (b)(5)(C) and inserting “disclosure; or”; (12) by inserting in subsection (b)(5) after subparagraph (C) the following: “(D) the Commission publishes a finding that the public health and safety requires public disclosure with a lesser period of notice than is required under paragraph (1).” ; and (13) in the matter following subparagraph (D) of subsection (b)(5) (as added by paragraph (12) of this section), by striking “section 19(a),” and inserting “any consumer product safety rule or provision under this Act or similar rule or provision of any other Act enforced by the Commission,”. SEC. 212. ESTABLISHMENT OF A PUBLIC CONSUMER PRODUCT SAFETY DATABASE. (a) In General.— The Act is amended by inserting after section 6 (15 U.S.C. 2055) the following: “SEC. 6A. PUBLICLY AVAILABLE CONSUMER PRODUCT SAFETY INFORMATION DATABASE. “(a) Database Required.— “(1) In general.— Subject to the availability of appropriations, the Commission shall, in accordance with the requirements of this section, establish and maintain a database on the safety of consumer products, and other products or substances regulated by the Commission, that is— “(A) publicly available; “(B) searchable; and “(C) accessible through the Internet website of the Commission. “(2) Submission of detailed implementation plan to congress.— Not later Deadline. than 180 days after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the Commission shall transmit to the appropriate Congressional committees a detailed plan for establishing and maintaining the database required by paragraph (1), including plans for the operation, content, maintenance, and functionality of the database. The plan shall detail the integration of the database into the Commission’s overall information technology improvement objectives and plans. The plan submitted under this subsection shall include a detailed implementation schedule for the database, and plans for a public awareness campaign to be conducted by the Commission to increase consumer awareness of the database. “(3) Date of initial availability.— Not Deadline. later than 18 months after the date on which the Commission submits the plan required by paragraph (2), the Commission shall establish the database required by paragraph (1). “(b) Content and Organization.— “(1) Contents.— Except as provided in subsection (c)(4), the database shall include the following: “(A) Reports of harm relating to the use of consumer products, and other products or substances regulated by the Commission, that are received by the Commission from— “(i) consumers; “(ii) local, State, or Federal government agencies; “(iii) health care professionals; “(iv) child service providers; and “(v) public safety entities. “(B) Information derived by the Commission from notice under section 15(c) or any notice to the public relating to a voluntary corrective action taken by a manufacturer, in consultation with the Commission, of which action the Commission has notified the public. “(C) The comments received by the Commission under subsection (c)(2)(A) to the extent requested under subsection (c)(2)(B). “(2) Submission of information.— In implementing the database, the Commission shall establish the following: “(A) Electronic, telephonic, and paper-based means of submitting, for inclusion in the database, reports described in paragraph (1)(A) of this subsection. “(B) A requirement that any report described in paragraph (1)(A) submitted for inclusion in such database include, at a minimum— “(i) a description of the consumer product (or other product or substance regulated by the Commission) concerned; “(ii) identification of the manufacturer or private labeler of the consumer product (or other product or substance regulated by the Commission); “(iii) a description of the harm relating to the use of the consumer product (or other product or substance regulated by the Commission); “(iv) contact information for the person submitting the report; and “(v) a verification by the person submitting the information that the information submitted is true and accurate to the best of the person’s knowledge and that the person consents that such information be included in the database. “(3) Additional information.— In addition to the reports received under paragraph (1), the Commission shall include in the database, consistent with the requirements of section 6(a) and (b), any additional information it determines to be in the public interest. “(4) Organization of database.— The Commission shall categorize the information available on the database in a manner consistent with the public interest and in such manner as it determines to facilitate easy use by consumers and shall ensure, to the extent practicable, that the database is sortable and accessible by— “(A) the date on which information is submitted for inclusion in the database; “(B) the name of the consumer product (or other product or substance regulated by the Commission); “(C) the model name; “(D) the manufacturer’s or private labeler’s name; and “(E) such other elements as the Commission considers in the public interest. “(5) Notice requirements.— The Commission shall provide clear and conspicuous notice to users of the database that the Commission does not guarantee the accuracy, completeness, or adequacy of the contents of the database. “(6) Availability of contact information.— The Commission may not disclose, under this section, the name, address, or other contact information of any individual or entity that submits to the Commission a report described in paragraph (1)(A), except that the Commission may provide such information to the manufacturer or private labeler of the product with the express written consent of the person submitting the information. Consumer information provided to a manufacturer or private labeler under this section may not be used or disseminated to any other party for any purpose other than verifying a report submitted under paragraph (1)(A). “(c) Procedural Requirements.— “(1) Transmission of reports to manufacturers and private labelers.— Not later than 5 business days after the Commission receives a report described in subsection (b)(1)(A) which includes the information required by subsection (b)(2)(B), the Commission shall to the extent practicable transmit the report, subject to subsection (b)(6), to the manufacturer or private labeler identified in the report. “(2) Opportunity to comment.— “(A) In general.— If the Commission transmits a report under paragraph (1) to a manufacturer or private labeler, the Commission shall provide such manufacturer or private labeler an opportunity to submit comments to the Commission on the information contained in such report. “(B) Request for inclusion in database.— A manufacturer or private labeler may request the Commission to include its comments in the database. “(C) Confidential matter.— “(i) In general.— If the Commission transmits a report received under paragraph (1) to a manufacturer or private labeler, the manufacturer or private labeler may review the report for confidential information and request that portions of the report identified as confidential be so designated. “(ii) Redaction.— If the Commission determines that the designated information contains, or relates to, a trade secret or other matter referred to in section 1905 of title 18, United States Code, or that is subject to section 552(b)(4) of title 5, United States Code, the Commission shall redact the designated information in the report before it is placed in the database. “(iii) Review.— If the Commission determines that the designated information is not confidential under clause (ii), the Commission shall notify the manufacturer or private labeler and include the information in the database. The manufacturer or private labeler may bring an action in the district court of the United States in the district in which the complainant resides, or has its principal place of business, or in the United States District Court for the District of Columbia, to seek removal of the information from the database. “(3) Publication of reports and comments.— “(A) Reports.— Except as provided in paragraph (4)(A), if the Commission receives a report described in subsection (b)(1)(A), the Commission shall make the report available in the database not later than the 10th business day after the date on which the Commission transmits the report under paragraph (1) of this subsection. “(B) Comments.— Except as provided in paragraph (4)(A), if the Commission receives a comment under paragraph (2)(A) with respect to a report described in subsection (b)(1)(A) and a request with respect to such comment under paragraph (2)(B) of this subsection, the Commission shall make such comment available in the database at the same time as such report or as soon as practicable thereafter. “(4) Inaccurate information.— “(A) Inaccurate information in reports and comments received.— If, prior to making a report described in subsection (b)(1)(A) or a comment described in paragraph (2) of this subsection available in the database, the Commission determines that the information in such report or comment is materially inaccurate, the Commission shall— “(i) decline to add the materially inaccurate information to the database; “(ii) correct the materially inaccurate information in the report or comment and add the report or comment to the database; or “(iii) add information to correct inaccurate information in the database. “(B) Inaccurate information in database.— If Deadline. the Commission determines, after investigation, that information previously made available in the database is materially inaccurate or duplicative of information in the database, the Commission shall, not later than 7 business days after such determination— “(i) remove such information from the database; “(ii) correct such information; or “(iii) add information to correct inaccurate information in the database. “(d) Annual Report.— The Commission shall submit to the appropriate Congressional committees an annual report on the database, including— “(1) the operation, content, maintenance, functionality, and cost of the database for the reporting year; and “(2) the number of reports and comments for the year— “(A) received by the Commission under this section; “(B) posted on the database; and “(C) corrected on or removed from the database. “(e) GAO Study.— Within Deadline. Reports. 2 years after the date on which the Commission establishes the database under this section, the Comptroller General shall submit a report to the appropriate Congressional committees containing— “(1) an analysis of the general utility of the database, including— “(A) an assessment of the extent of use of the database by consumers, including whether the database is accessed by a broad range of the public and whether consumers find the database to be useful; and “(B) efforts by the Commission to inform the public about the database; and “(2) recommendations for measures to increase use of the database by consumers and to ensure use by a broad range of the public. “(f) Application of Certain Notice and Disclosure Requirements.— “(1) In general.— The provisions of section 6(a) and (b) shall not apply to the disclosure under this section of a report described in subsection (b)(1)(A) of this section. “(2) Construction.— Paragraph (1) shall not be construed to exempt from the requirements of section 6(a) and (b) information received by the Commission under— “(A) section 15(b); or “(B) any other mandatory or voluntary reporting program established between a retailer, manufacturer, or private labeler and the Commission. “(g) Harm Defined.— In this section, the term ‘harm’ means— “(1) injury, illness, or death; or “(2) risk of injury, illness, or death, as determined by the Commission.” . (b) Upgrade of Commission Information Technology Systems.— The Commission shall expedite efforts to upgrade and improve the information technology systems in use by the Commission on the date of enactment of this Act. (c) Clerical Amendment.— The table of contents in section 1 (15 U.S.C. 2051 note), as amended by section 206, is amended by inserting after the item relating to section 6 the following new item: “Sec. 6A. Publicly available consumer product safety information database.”. SEC. 213. PROHIBITION ON STOCKPILING UNDER OTHER COMMISSION-ENFORCED STATUTES. Section 9(g)(2) (15 U.S.C. 2058(g)(2)) is amended— (1) by inserting “or to which a rule under this Act or similar rule, regulation, standard, or ban under any other Act enforced by the Commission applies,” after “applies,”; and (2) by striking “consumer product safety rule” the second, third, and fourth places it appears, and inserting “rule, regulation, standard, or ban”. SEC. 214. ENHANCED RECALL AUTHORITY AND CORRECTIVE ACTION PLANS. (a) Enhanced Recall Authority.— Section 15 (15 U.S.C. 2064) is amended— (1) in subsection (a)(1), by inserting “under this Act or a similar rule, regulation, standard, or ban under any other Act enforced by the Commission” after “consumer product safety rule”; (2) in subsection (b)— (A) by striking “consumer product distributed in commerce,” and inserting “consumer product, or other product or substance over which the Commission has jurisdiction under any other Act enforced by the Commission (other than motor vehicle equipment as defined in section 30102(a)(7) of title 49, United States Code), distributed in commerce,”; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (C) by inserting after paragraph (1) the following: “(2) fails to comply with any other rule, regulation, standard, or ban under this Act or any other Act enforced by the Commission;” ; and (D) by adding at the end the following: “A report provided under paragraph (2) may not be used as the basis for criminal prosecution of the reporting person under section 5 of the Federal Hazardous Substances Act (15 U.S.C. 1264), except for offenses which require a showing of intent to defraud or mislead.”. (3) in subsection (c)— (A) by inserting “(1)” after the subsection designation; (B) by inserting “or if the Commission, after notifying the manufacturer, determines a product to be an imminently hazardous consumer product and has filed an action under section 12,” after “from such substantial product hazard,”; (C) by redesignating paragraphs (1) through (3) as subparagraphs (D) through (F), respectively; (D) by inserting after “the following actions:” the following: “(A) To cease distribution of the product. “(B) To notify all persons that transport, store, distribute, or otherwise handle the product, or to which the product has been transported, sold, distributed, or otherwise handled, to cease immediately distribution of the product. “(C) To notify appropriate State and local public health officials.” ; (E) by striking “comply.” in subparagraph (D), as redesignated, and inserting “comply, including posting clear and conspicuous notice on its Internet website, providing notice to any third party Internet website on which such manufacturer, retailer, distributor, or licensor has placed the product for sale, and announcements in languages other than English and on radio and television where the Commission determines that a substantial number of consumers to whom the recall is directed may not be reached by other notice.”; and (F) by adding at the end the following: “(2) The Commission may require a notice described in paragraph (1) to be distributed in a language other than English if the Commission determines that doing so is necessary to adequately protect the public. “(3) If a district court determines, in an action filed under section 12, that the product that is the subject of such action is not an imminently hazardous consumer product, the Commission shall rescind any order issued under this subsection with respect to such product.” ; (4) in subsection (f)— (A) by striking “An order” and inserting “(1) Except as provided in paragraph (2), an order”; and (B) by inserting at the end the following: “(2) The requirement for a hearing in paragraph (1) shall not apply to an order issued under subsection (c) or (d) relating to an imminently hazardous consumer product with regard to which the Commission has filed an action under section 12.” . (b) Corrective Action Plans.— Section 15(d) (15 U.S.C. 2064(d)) is amended— (1) by inserting “(1)” after the subsection designation; (2) by inserting “to provide the notice required by subsection (c) and” after “such product” the first place it appears; (3) by striking “whichever of the following actions the person to whom the order is directed elects:” and inserting “any one or more of the following actions it determines to be in the public interest:”; (4) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C); (5) in each of subparagraphs (A) and (B) (as so redesignated), by striking “consumer product safety rule” each place it appears and inserting “rule, regulation, standard, or ban”; (6) by striking “more (A)” in subparagraph (C), as redesignated, and inserting “more (i)”; (7) by striking “or (B)” in subparagraph (C), as redesignated, and inserting “or (ii)”; (8) by striking “An order under this subsection may” and inserting: “(2) An order under this subsection shall” ; (9) by striking “satisfactory to the Commission,” and inserting “for approval by the Commission,”; (10) by striking “paragraphs of this subsection under which such person has elected to act” and inserting “subparagraphs under which such person has been ordered to act”; (11) by striking “if the person to whom the order is directed elects to take the action described in paragraph (3)” and insert “if the Commission orders the action described in subparagraph (C)”; (12) by striking “If an order under this subsection is directed” and all that follows through “has the election under this subsection”; (13) by striking “described in paragraph (3).” and inserting “described in paragraph (1)(C).”; and (14) by adding at the end the following: “(3) (A) If the Commission approves an action plan, it shall indicate its approval in writing. “(B) If the Commission finds that an approved action plan is not effective or appropriate under the circumstances, or that the manufacturer, retailer, or distributor is not executing an approved action plan effectively, the Commission may, by order, amend, or require amendment of, the action plan. In determining whether an approved plan is effective or appropriate under the circumstances, the Commission shall consider whether a repair or replacement changes the intended functionality of the product. “(C) If the Commission determines, after notice and opportunity for comment, that a manufacturer, retailer, or distributor has failed to comply substantially with its obligations under its action plan, the Commission may revoke its approval of the action plan. The manufacturer, retailer, or distributor to which the action plan applies may not distribute in commerce the product to which the action plan relates after receipt of notice of a revocation of the action plan.” . (c) Content of Notice.— Section 15 (15 U.S.C. 2064) is further amended by adding at the end the following: “(i) Requirements for Recall Notices.— “(1) Guidelines.— Not Deadline. later than 180 days after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the Commission shall, by rule, establish guidelines setting forth a uniform class of information to be included in any notice required under an order under subsection (c) or (d) of this section or under section 12. Such guidelines shall include any information that the Commission determines would be helpful to consumers in— “(A) identifying the specific product that is subject to such an order; “(B) understanding the hazard that has been identified with such product (including information regarding incidents or injuries known to have occurred involving such product); and “(C) understanding what remedy, if any, is available to a consumer who has purchased the product. “(2) Content.— Except to the extent that the Commission determines with respect to a particular product that one or more of the following items is unnecessary or inappropriate under the circumstances, the notice shall include the following: “(A) description of the product, including— “(i) the model number or stock keeping unit (SKU) number of the product; “(ii) the names by which the product is commonly known; and “(iii) a photograph of the product. “(B) A description of the action being taken with respect to the product. “(C) The number of units of the product with respect to which the action is being taken. “(D) A description of the substantial product hazard and the reasons for the action. “(E) An identification of the manufacturers and significant retailers of the product. “(F) The dates between which the product was manufactured and sold. “(G) The number and a description of any injuries or deaths associated with the product, the ages of any individuals injured or killed, and the dates on which the Commission received information about such injuries or deaths. “(H) A description of— “(i) any remedy available to a consumer; “(ii) any action a consumer must take to obtain a remedy; and “(iii) any information a consumer needs in order to obtain a remedy or information about a remedy, such as mailing addresses, telephone numbers, fax numbers, and email addresses. “(I) Other information the Commission deems appropriate.” . SEC. 215. INSPECTION OF FIREWALLED CONFORMITY ASSESSMENT BODIES; IDENTIFICATION OF SUPPLY CHAIN. (a) Inspection of Firewalled Conformity Assessment Body.— Section 16(a) (15 U.S.C. 2065(a)) is amended— (1) by striking “or (B)” and inserting “(B) any firewalled conformity assessment bodies accredited under section 14(f)(2)(D), or (C)” in paragraph (1); and (2) by inserting “firewalled conformity assessment body,” after “factory,” in paragraph (2). (b) Identification of Manufacturers, Importers, Retailers, and Distributors.— Section 16 (15 U.S.C. 2065) is further amended by adding at the end thereof the following: “(c) Identification of Manufacturers, Importers, Retailers, and Distributors.— Upon request by an officer or employee duly designated by the Commission— “(1) every importer, retailer, or distributor of a consumer product (or other product or substance over which the Commission has jurisdiction under this or any other Act) shall identify the manufacturer of that product by name, address, or such other identifying information as the officer or employee may request, to the extent that such information is known or can be readily determined by the importer, retailer, or distributor; and “(2) every manufacturer shall identify by name, address, or such other identifying information as the officer or employee may request— “(A) each retailer or distributor to which the manufacturer directly supplied a given consumer product (or other product or substance over which the Commission has jurisdiction under this or any other Act); “(B) each subcontractor involved in the production or fabrication of such product or substance; and “(C) each subcontractor from which the manufacturer obtained a component thereof.” . (c) Conforming Amendments.— Section 16 (15 U.S.C. 2065) is further amended— (1) in subsection (a), by inserting “Inspection.—” after the subsection designation; and (2) in subsection (b), by inserting “Recordkeeping.—” after the subsection designation. SEC. 216. PROHIBITED ACTS. (a) Sale of Recalled Products.— Section 19(a) (15 U.S.C. 2068(a)) is amended— (1) by striking paragraphs (1) and (2) and inserting the following: “(1) sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States any consumer product, or other product or substance that is regulated under this Act or any other Act enforced by the Commission, that is not in conformity with an applicable consumer product safety rule under this Act, or any similar rule, regulation, standard, or ban under any other Act enforced by the Commission; “(2) sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States any consumer product, or other product or substance that is— “(B) subject to voluntary corrective action taken by the manufacturer, in consultation with the Commission, of which action the Commission has notified the public or if the seller, distributor, or manufacturer knew or should have known of such voluntary corrective action; “(C) subject to an order issued under section 12 or 15 of this Act; or “(D) a banned hazardous substance within the meaning of section 2(q)(1) of the Federal Hazardous Substances Act (15 U.S.C. 1261(q)(1));” ; (2) by amending paragraph (6) to read as follows: “(6) fail to furnish a certificate required by this Act or any other Act enforced by the Commission, or to issue a false certificate if such person in the exercise of due care has reason to know that the certificate is false or misleading in any material respect; or to fail to comply with any requirement of section 14 (including the requirement for tracking labels) or any rule or regulation under such section;” . (3) by striking “or” after the semicolon in paragraph (7); (4) by striking “and” after the semicolon in paragraph (8); (5) by striking “insulation).” in paragraph (9) and inserting “insulation);”; and (6) by striking the period at the end of paragraph (10) and inserting a semicolon; and (7) by inserting at the end the following: “(12) sell, offer for sale, distribute in commerce, or import into the United States any consumer product bearing a registered safety certification mark owned by an accredited conformity assessment body, which mark is known, or should have been known, by such person to be used in a manner unauthorized by the owner of that certification mark; “(13) misrepresent to any officer or employee of the Commission the scope of consumer products subject to an action required under section 12 or 15, or to make a material misrepresentation to such an officer or employee in the course of an investigation under this Act or any other Act enforced by the Commission; or “(14) exercise, or attempt to exercise, undue influence on a third party conformity assessment body (as defined in section 14(f)(2)) with respect to the testing, or reporting of the results of testing, of any product for compliance under this Act or any other Act enforced by the Commission. “(15) export from the United States for purpose of sale any consumer product, or other product or substance regulated by the Commission (other than a consumer product or substance, the export of which is permitted by the Secretary of the Treasury pursuant to section 17(e)) that— “(A) is subject to an order issued under section 12 or 15 of this Act or is a banned hazardous substance within the meaning of section 2(q)(1) of the Federal Hazardous Substances Act (15 U.S.C. 1261(q)(1)); or “(B) is subject to a voluntary corrective action taken by the manufacturer, in consultation with the Commission, of which action the Commission has notified the public; or “(16) violate an order of the Commission issued under section 18(c).” . (b) Conforming Amendment.— Section 17(a)(2) (15 U.S.C. 2066(a)(2)) is amended to read as follows: “(2) is not accompanied by a certificate required by this Act or any other Act enforced by the Commission, or is accompanied by a false certificate, if the manufacturer in the exercise of due care has reason to know that the certificate is false or misleading in any material respect, or is not accompanied by any label or certificate (including tracking labels) required under section 14 or any rule or regulation under such section;” . SEC. 217. PENALTIES. (a) Maximum Civil Penalties of the Consumer Product Safety Commission.— (1) Consumer product safety act.— Section 20(a)(1) (15 U.S.C. 2069(a)(1)) is amended— (A) by striking “$5,000” and inserting “$100,000”; (B) by striking “$1,250,000” both places it appears and inserting “$15,000,000”; and (C) by striking “December 1, 1994,” in paragraph (3)(B) and inserting “December 1, 2011,”. (2) Federal hazardous substances act.— Section 5(c)(1) of the Federal Hazardous Substances Act (15 U.S.C. 1264(c)(1)) is amended— (A) by striking “$5,000” in paragraph (1) and inserting “$100,000”; (B) by striking “$1,250,000” both places it appears and inserting “$15,000,000”; and (C) by striking “December 1, 1994,” in paragraph (6)(B) and inserting “December 1, 2011,”. (3) Flammable fabrics act.— Section 5(e)(1) of the Flammable Fabrics Act (15 U.S.C. 1194(e)(1)) is amended— (A) by striking “$5,000” in paragraph (1) and inserting “$100,000”; (B) by striking “$1,250,000” and inserting “$15,000,000”; and (C) by striking “December 1, 1994,” in paragraph (6)(B) and inserting “December 1, 2011,”. (4) Effective date.— The amendments made by this subsection shall take effect on the date that is the earlier of the date on which final regulations are issued under subsection (b)(2) or 1 year after the date of enactment of this Act. (b) Determination of Penalties by the Consumer Product Safety Commission.— (1) Factors to be considered.— (A) Consumer product safety act.— Section 20 (15 U.S.C. 2069) is amended— (i) in subsection (b)— (I) by inserting “the nature, circumstances, extent, and gravity of the violation, including” after “shall consider”; (II) by striking “products distributed, and” and inserting “products distributed,” ; and (III) by inserting “, including how to mitigate undue adverse economic impacts on small businesses, and such other factors as appropriate” before the period; and (ii) in subsection (c)— (I) by inserting “, including how to mitigate undue adverse economic impacts on small businesses, the nature, circumstances, extent, and gravity of the violation, including” after “person charged”; and (II) by inserting “, and such other factors as appropriate” after “products distributed”. (B) Federal hazardous substances act.— Section 5(c) of the Federal Hazardous Substances Act (15 U.S.C. 1264(c)) is amended— (i) in paragraph (3)— (I) by inserting “the nature, circumstances, extent, and gravity of the violation, including” after “shall consider”; (II) by striking “substance distributed, and” and inserting “substance distributed,”; and (III) by inserting “, including how to mitigate undue adverse economic impacts on small businesses, and such other factors as appropriate” before the period; and (ii) in paragraph (4)— (I) by inserting “, including how to mitigate undue adverse economic impacts on small businesses, the nature, circumstances, extent, and gravity of the violation, including” after “person charged”; and (II) by inserting “, and such other factors as appropriate” after “substance distributed”. (C) Flammable fabrics act.— Section 5(e) of the Flammable Fabrics Act (15 U.S.C. 1194(e)) is amended— (i) in paragraph (2)— (I) by striking “nature and number” and inserting “nature, circumstances, extent, and gravity”; (II) by striking “absence of injury, and” and inserting “absence of injury,”; and (III) by inserting “, and such other factors as appropriate” before the period; and (ii) in paragraph (3)— (I) by striking “nature and number” and inserting “nature, circumstances, extent, and gravity”; (II) by striking “absence of injury, and” and inserting “absence of injury,”; and (III) by inserting “, and such other factors as appropriate” before the period. (2) Civil penalty criteria.— Not Deadline. Regulations. 15 USC 2069 note. later than 1 year after the date of enactment of this Act, and in accordance with the procedures of section 553 of title 5, United States Code, the Commission shall issue a final regulation providing its interpretation of the penalty factors described in section 20(b) of the Consumer Product Safety Act (15 U.S.C. 2069(b)), section 5(c)(3) of the Federal Hazardous Substances Act (15 U.S.C. 1264(c)(3)), and section 5(e)(2) of the Flammable Fabrics Act (15 U.S.C. 1194(e)(2)), as amended by subsection (a). (c) Criminal Penalties.— (1) In general.— Section 21(a) (15 U.S.C. 2070(a)) is amended to read as follows: “(a) Violation of section 19 of this Act is punishable by— “(1) imprisonment for not more than 5 years for a knowing and willful violation of that section; “(2) a fine determined under section 3571 of title 18, United States Code; or “(3) both.” . (2) Directors, officers, and agents.— Section 21(b) (15 U.S.C. 2070(b)) is amended by striking “19, and who has knowledge of notice of noncompliance received by the corporation from the Commission,” and inserting “19”. (3) Under the federal hazardous substances act.— Section 5(a) of the Federal Hazardous Substances Act (15 U.S.C. 1264(a)) is amended by striking “one year, or a fine of not more than $3,000, or both such imprisonment and fine.” and inserting “5 years, a fine determined under section 3571 of title 18, United States Code, or both.”. (4) Under the flammable fabrics act.— Section 7 of the Flammable Fabrics Act (15 U.S.C. 1196) is amended to read as follows: “Sec. 7. “penalties Violation of section 3 or 8(b) of this Act, or failure to comply with section 15(c) of this Act, is punishable by— “(1) imprisonment for not more than 5 years for a knowing and willful violation of that section; “(2) a fine determined under section 3571 of title 18, United States Code; or “(3) both.” . (d) Criminal Penalties To Include Asset Forfeiture.— Section 21 (15 U.S.C. 2070) is amended by adding at the end thereof the following: “(c) (1) In addition to the penalties provided by subsection (a), the penalty for a criminal violation of this Act or any other Act enforced by the Commission may include the forfeiture of assets associated with the violation. “(2) In this subsection, the term ‘criminal violation’ means a violation of this Act or any other Act enforced by the Commission for which the violator is sentenced to pay a fine, be imprisoned, or both.” . SEC. 218. ENFORCEMENT BY STATE ATTORNEYS GENERAL. (a) In General.— Section 24 (15 U.S.C. 2073) is amended— (1) by striking “private” in the section heading and inserting “additional”; (2) by inserting “(a) In General.—” before “Any interested person”; and (3) by adding at the end the following: “(b) State Attorney General Enforcement.— “(1) Right of action.— Except as provided in paragraph (5), the attorney general of a State, or other authorized State officer, alleging a violation of section 19(a)(1), (2), (5), (6), (7), (9), or (12) of this Act that affects or may affect such State or its residents may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found or transacts business to obtain appropriate injunctive relief. “(2) Initiation of civil action.— “(A) Notice to commission required in all cases.— A State shall provide written notice to the Commission regarding any civil action under paragraph (1). Except when proceeding under subparagraph (C), the State shall provide the notice at least 30 days before the date on which the State intends to initiate the civil action by filing a complaint. “(B) Filing of complaint.— A State may initiate the civil action by filing a complaint— “(i) at any time after the date on which the 30-day period ends; or “(ii) earlier than such date if the Commission consents to an earlier initiation of the civil action by the State. “(C) Actions involving substantial product hazard.— Notwithstanding subparagraph (B), a State may initiate a civil action under paragraph (1) by filing a complaint immediately after notifying the Commission of the State’s determination that such immediate action is necessary to protect the residents of the State from a substantial product hazard (as defined in section 15(a)). “(D) Form of notice.— The written notice required by this paragraph may be provided by electronic mail, facsimile machine, or any other means of communication accepted by the Commission. “(E) Copy of complaint.— A State shall provide a copy of the complaint to the Commission upon filing the complaint or as soon as possible thereafter. “(3) Intervention by the commission.— The Commission may intervene in such civil action and upon intervening— “(A) be heard on all matters arising in such civil action; and “(B) file petitions for appeal of a decision in such civil action. “(4) Construction.— Nothing in this section, section 5(d) of the Federal Hazardous Substances Act (15 U.S.C. 1264(d)), section 9 of the Poison Prevention Packaging Act of 1970, or section 5(a) of the Flammable Fabrics Act (15 U.S.C. 1194(d)) shall be construed— “(A) to prevent the attorney general of a State, or other authorized State officer, from exercising the powers conferred on the attorney general, or other authorized State officer, by the laws of such State; or “(B) to prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. “(5) Limitation.— No separate suit shall be brought under this subsection (other than a suit alleging a violation of paragraph (1) or (2) of section 19(a)) if, at the time the suit is brought, the same alleged violation is the subject of a pending civil or criminal action by the United States under this Act. “(6) Restrictions on private counsel.— If private counsel is retained to assist in any civil action under paragraph (1), the private counsel retained to assist the State may not— “(A) share with participants in other private civil actions that arise out of the same operative facts any information that is— “(i) subject to attorney-client or work product privilege; and “(ii) was obtained during discovery in the action under paragraph (1); or “(B) use any information that is subject to attorney-client or work product privilege that was obtained while assisting the State in the action under paragraph (1) in any other private civil actions that arise out of the same operative facts.” . (b) Conforming Amendments.— (1) Poison prevention packaging act.— The Poison Prevention Packaging Act of 1970 (15 U.S.C. 1471 et seq.) is amended by adding at the end the following: “SEC. 9. ENFORCEMENT BY STATE ATTORNEYS GENERAL. “The attorney general of a State, or other authorized State officer, alleging a violation of a standard or rule promulgated under section 3 that affects or may affect such State or its residents, may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found or transacts business to obtain appropriate injunctive relief. The Applicability. procedural requirements of section 24(b) of the Consumer Product Safety Act (15 U.S.C. 2073(b)) shall apply to any such action.” . (2) Clerical amendment.— The table of contents in section 1 (15 U.S.C. 2051 note) is amended by striking the item relating to section 24 and inserting the following: “Sec. 24. Additional enforcement of product safety rules and of section 15 orders.”. SEC. 219. WHISTLEBLOWER PROTECTIONS. (a) In General.— The Act (15 U.S.C. 2051 et seq.), as amended by section 206 of this Act, is further amended by adding at the end the following: “Sec. 40. “whistleblower protection (a) No manufacturer, private labeler, distributor, or retailer, may discharge an employee or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment because the employee, whether at the employee’s initiative or in the ordinary course of the employee’s duties (or any person acting pursuant to a request of the employee)— “(1) provided, caused to be provided, or is about to provide or cause to be provided to the employer, the Federal Government, or the attorney general of a State information relating to any violation of, or any act or omission the employee reasonably believes to be a violation of any provision of this Act or any other Act enforced by the Commission, or any order, rule, regulation, standard, or ban under any such Acts; “(2) testified or is about to testify in a proceeding concerning such violation; “(3) assisted or participated or is about to assist or participate in such a proceeding; or “(4) objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of any provision of this Act or any other Act enforced by the Commission, or any order, rule, regulation, standard, or ban under any such Acts. “(b) (1) A person who believes that he or she has been discharged or otherwise discriminated against by any person in violation of subsection (a) may, not later than 180 days after the date on which such violation occurs, file (or have any person file on his or her behalf) a complaint with the Secretary of Labor alleging such discharge or discrimination and identifying the person responsible for such act. Notification. Upon receipt of such a complaint, the Secretary shall notify, in writing, the person named in the complaint of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting the complaint, and of the opportunities that will be afforded to such person under paragraph (2). “(2) (A) Not later than 60 days after the date of receipt of a complaint filed under paragraph (1) and after affording the complainant and the person named in the complaint an opportunity to submit to the Secretary a written response to the complaint and an opportunity to meet with a representative of the Secretary to present statements from witnesses, the Secretary shall initiate an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify, in writing, the complainant and the person alleged to have committed a violation of subsection (a) of the Secretary’s findings. If the Secretary concludes that there is reasonable cause to believe that a violation of subsection (a) has occurred, the Secretary shall accompany the Secretary’s findings with a preliminary order providing the relief prescribed by paragraph (3)(B). Not later than 30 days after the date of notification of findings under this paragraph, either the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order, or both, and request a hearing on the record. The filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. Any such hearing shall be conducted expeditiously. If a hearing is not requested in such 30-day period, the preliminary order shall be deemed a final order that is not subject to judicial review. “(B) (i) The Secretary shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. “(ii) Notwithstanding a finding by the Secretary that the complainant has made the showing required under clause (i), no investigation otherwise required under subparagraph (A) shall be conducted if the employer demonstrates, by clear and convincing evidence, that the employer would have taken the same unfavorable personnel action in the absence of that behavior. “(iii) The Secretary may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. “(iv) Relief may not be ordered under subparagraph (A) if the employer demonstrates by clear and convincing evidence that the employer would have taken the same unfavorable personnel action in the absence of that behavior. “(3) (A) Not later than 120 days after the date of conclusion of any hearing under paragraph (2), the Secretary shall issue a final order providing the relief prescribed by this paragraph or denying the complaint. At any time before issuance of a final order, a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the Secretary, the complainant, and the person alleged to have committed the violation. “(B) If, in response to a complaint filed under paragraph (1), the Secretary determines that a violation of subsection (a) has occurred, the Secretary shall order the person who committed such violation— “(i) to take affirmative action to abate the violation; “(ii) to reinstate the complainant to his or her former position together with compensation (including back pay) and restore the terms, conditions, and privileges associated with his or her employment; and “(iii) to provide compensatory damages to the complainant. If such an order is issued under this paragraph, the Secretary, at the request of the complainant, shall assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorneys’ and expert witness fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued. “(C) If the Secretary finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Secretary may award to the prevailing employer a reasonable attorneys’ fee, not exceeding $1,000, to be paid by the complainant. “(4) If the Secretary has not issued a final decision within 210 days after the filing of the complaint, or within 90 days after receiving a written determination, the complainant may bring an action at law or equity for de novo review in the appropriate district court of the United States with jurisdiction, which shall have jurisdiction over such an action without regard to the amount in controversy, and which action shall, at the request of either party to such action, be tried by the court with a jury. The proceedings shall be governed by the same legal burdens of proof specified in paragraph (2)(B). The court shall have jurisdiction to grant all relief necessary to make the employee whole, including injunctive relief and compensatory damages, including— “(A) reinstatement with the same seniority status that the employee would have had, but for the discharge or discrimination; “(B) the amount of back pay, with interest; and “(C) compensation for any special damages sustained as a result of the discharge or discrimination, including litigation costs, expert witness fees, and reasonable attorney’s fees. “(5) (A) Unless the complainant brings an action under paragraph (4), any person adversely affected or aggrieved by a final order issued under paragraph (3) may obtain review of the order in the United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred or the circuit in which the complainant resided on the date of such violation. Deadline. The petition for review must be filed not later than 60 days after the date of the issuance of the final order of the Secretary. Review shall conform to chapter 7 of title 5, United States Code. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the order. “(B) An order of the Secretary with respect to which review could have been obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding. “(6) Whenever any person has failed to comply with an order issued under paragraph (3), the Secretary may file a civil action in the United States district court for the district in which the violation was found to occur, or in the United States district court for the District of Columbia, to enforce such order. In actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including, but not limited to, injunctive relief and compensatory damages. “(7) (A) A person on whose behalf an order was issued under paragraph (3) may commence a civil action against the person to whom such order was issued to require compliance with such order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order. “(B) The court, in issuing any final order under this paragraph, may award costs of litigation (including reasonable attorneys’ and expert witness fees) to any party whenever the court determines such award is appropriate. “(c) Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28, United States Code. “(d) Subsection (a) shall not apply with respect to an employee of a manufacturer, private labeler, distributor, or retailer who, acting without direction from such manufacturer, private labeler, distributor, or retailer (or such person’s agent), deliberately causes a violation of any requirement relating to any violation or alleged violation of any order, regulation, or consumer product safety standard under this Act or any other law enforced by the Commission.” . (b) Conforming Amendment.— The table of contents, as amended by section 206 of this Act, is further amended by inserting after the item relating to section 39 the following: “Sec. 40. Whistleblower protection.”. Subtitle C— Specific Import-Export Provisions SEC. 221. EXPORT OF RECALLED AND NON-CONFORMING PRODUCTS. (a) In General.— Section 18 (15 U.S.C. 2067) is amended— (1) in subsection (b), by striking “any product—” and all that follows through “promulgated under section 9,” and inserting “any product which is not in conformity with an applicable consumer product safety rule in effect under this Act,”; and (2) by adding at the end the following: “(c) The Commission may prohibit a person from exporting from the United States for purpose of sale any consumer product that is not in conformity with an applicable consumer product safety rule under this Act, unless the importing country has notified the Commission that such country accepts the importation of such consumer product, provided that if the importing country has not so notified the Commission within 30 days after the Commission has provided notice to the importing country of the impending shipment, the Commission may take such action as appropriate within its authority with respect to the disposition of the product under the circumstances. “(d) Nothing in this section shall apply to any consumer product, the export of which is permitted by the Secretary of the Treasury pursuant to section 17(e).” . (b) Conforming Amendments to Flammable Fabrics Act.— Section 15 of the Flammable Fabrics Act (15 U.S.C. 1202) is amended by adding at the end the following: “(d) Notwithstanding any other provision of this section, the Consumer Product Safety Commission may prohibit, by order, a person from exporting from the United States for purpose of sale any fabric or related material that the Commission determines is not in conformity with an applicable standard or rule under this Act, unless the importing country has notified the Commission that such country accepts the importation of such fabric or related material, provided that if the importing country has not so notified the Commission within 30 days after the Commission has provided notice to the importing country of the impending shipment, the Commission may take such action as is appropriate with respect to the disposition of the fabric or related material under the circumstances. “(e) Nothing in this section shall apply to any fabric or related material, the export of which is permitted by the Secretary of the Treasury pursuant to section 17(e).” . SEC. 222. IMPORT SAFETY MANAGEMENT AND INTERAGENCY COOPERATION. (a) Risk Assessment Methodology.— Not Deadline. later than 2 years after the date of enactment of this Act, the Commission shall develop a risk assessment methodology for the identification of shipments of consumer products that are— (1) intended for import into the United States; and (2) likely to include consumer products in violation of section 17(a) of the Consumer Product Safety Act (15 U.S.C. 2066(a)) or other import provisions enforced by the Commission. (b) Use of International Trade Data System and Other Databases.— In developing the methodology required under subsection (a), the Commission shall— (1) provide for the use of the International Trade Data System, insofar as is practicable, established under section 411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)) to evaluate and assess information about shipments of consumer products intended for import into the customs territory of the United States; (2) incorporate the risk assessment methodology required under this section into its information technology modernization plan; (3) examine, in consultation with U.S. Customs and Border Protection, how to share information collected and retained by the Commission, including information in the database required under section 6A of the Consumer Product Safety Act, for the purpose of identifying shipments of consumer products in violation of section 17(a) of such Act (15 U.S.C. 2066(a)) or other import provisions enforced by the Commission; and (4) examine, in consultation with U.S. Customs and Border Protection, how to share information required by section 15(j) of the CPSA as added by section 223 of this Act for the purpose of identifying shipments of consumer products in violation of section 17(a) of the Consumer Product Safety Act (15 U.S.C. 2066(a)) or other import provisions enforced by the Commission. (c) Cooperation With U.S. Customs and Border Protection.— Not later than Deadline. Plans. 1 year after the date of enactment of this Act, the Commission shall develop a plan for sharing information and coordinating with U.S. Customs and Border Protection that considers, at a minimum, the following: (1) The number of full-time equivalent personnel employed by the Commission that should be stationed at U.S. ports of entry for the purpose of identifying shipments of consumer products that are in violation of section 17(a) of the Consumer Product Safety Act (15 U.S.C. 2066(a)) or other import provisions enforced by the Commission. (2) The extent and nature of cooperation between the Commission and U.S. Customs and Border Protection personnel stationed at ports of entry in the identification of shipments of consumer product that are in violation of section 17(a) of the Consumer Product Safety Act (15 U.S.C. 2066(a)) or other import provisions enforced by the Commission under this Act or any other provision of law. (3) The number of full-time equivalent personnel employed by the Commission that should be stationed at the National Targeting Center (or its equivalent) of U.S. Customs and Border Protection, including— (A) the extent and nature of cooperation between Commission and U.S. Customs and Border Protection personnel stationed at the National Targeting Center (or its equivalent), as well as at United States ports of entry; (B) the responsibilities of Commission personnel assigned to the National Targeting Center (or its equivalent) under subsection (b)(3); and (C) whether the information available at the National Targeting Center (or its equivalent) would be useful to the Commission or U.S. Customs and Border Protection in identifying the consumer products described in subsection (a). (4) The development of rule sets for the Automated Targeting System and expedited access for the Commission to the Automated Targeting System. (5) The information and resources necessary for the development, updating, and effective implementation of the risk assessment methodology required in subsection (a). (d) Report to Congress.— Not later than 180 days after completion of the risk assessment methodology required under this section, the Commission shall submit a report to the appropriate Congressional committees concerning, at a minimum, the following: (1) The Commission’s plan for implementing the risk assessment methodology required under this section. (2) The changes made or necessary to be made to the Commission’s memorandum of understanding with U.S. Customs and Border Protection. (3) The status of— (A) the development of the Automated Targeting System rule set required under subsection (c)(4) of this section; (B) the Commission’s access to the Automated Targeting System; and (C) the effectiveness of the International Trade Data System in enhancing cooperation between the Commission and U.S. Customs and Border Protection for the purpose of identifying shipments of consumer products in violation of section 17(a) of the Consumer Product Safety Act (15 U.S.C. 2066(a)) or other import provisions enforced by the Commission; (4) Whether the Commission requires additional statutory authority under the Consumer Product Safety Act, the Federal Hazardous Substances Act, the Flammable Fabrics Act, or the Poison Prevention Packaging Act of 1970 in order to implement the risk assessment methodology required under this section. (5) The level of appropriations necessary to implement the risk assessment methodology required under this section. SEC. 223. SUBSTANTIAL PRODUCT HAZARD LIST AND DESTRUCTION OF NONCOMPLIANT IMPORTED PRODUCTS. (a) Identification of Substantial Hazards.— Section 15 (15 U.S.C. 2064), as amended by section 214, is amended by adding at the end thereof the following: “(j) Substantial Product Hazard List.— “(1) In general.— The Rules. Commission may specify, by rule, for any consumer product or class of consumer products, characteristics whose existence or absence shall be deemed a substantial product hazard under subsection (a)(2), if the Commission determines that— “(A) such characteristics are readily observable and have been addressed by voluntary standards; and “(B) such standards have been effective in reducing the risk of injury from consumer products and that there is substantial compliance with such standards. “(2) Judicial review.— Not Deadline. later than 60 days after promulgation of a rule under paragraph (1), any person adversely affected by such rule may file a petition for review under the procedures set forth in section 11 of this Act.” . (b) Destruction of Noncompliant Imported Products.— Section 17(e) (15 U.S.C. 2066(e)) is amended to read as follows: “(e) Products refused admission into the customs territory of the United States shall be destroyed unless, upon application by the owner, consignee, or importer of record, the Secretary of the Treasury permits the export of the product in lieu of destruction. If the owner, consignee, or importer of record does not export the product within 90 days of approval to export, such product shall be destroyed.” . (c) Inspection and Recordkeeping Requirement.— The Act is further amended— (1) by amending section 17(g) (15 U.S.C. 2066(g)) to read as follows: “(g) Manufacturers of imported products shall be in compliance with all inspection and recordkeeping requirements under section 16 applicable to such products, and the Commission shall advise the Secretary of the Treasury of any manufacturer who is not in compliance with all inspection and recordkeeping requirements under section 16.” ; and (2) by adding at the end of section 16 (15 U.S.C. 2065) the following: “(d) The Commission shall, by rule, condition the manufacturing for sale, offering for sale, distribution in commerce, or importation into the United States of any consumer product or other product on the manufacturer’s compliance with the inspection and recordkeeping requirements of this Act and the Commission’s rules with respect to such requirements.” . SEC. 224. FINANCIAL RESPONSIBILITY. (a) In General.— The Act (15 U.S.C. 2051 et seq.), as amended by section 219, is further amended by adding at the end the following: “SEC. 41. FINANCIAL RESPONSIBILITY. “(a) Identification and Determination of Bond.— The Commission, in consultation with U.S. Customs and Border Protection and other relevant Federal agencies, shall identify any consumer product, or other product or substance that is regulated under this Act or any other Act enforced by the Commission, for which the cost of destruction would normally exceed bond amounts determined under sections 623 and 624 of the Tariff Act of 1930 (19 U.S.C. 1623, 1624) and shall recommend to U.S. Customs and Border Protection a bond amount sufficient to cover the cost of destruction of such products or substances. “(b) Study of Requiring Escrow for Recalls and Destruction of Products.— “(1) Study.— The Comptroller General shall conduct a study to determine the feasibility of requiring— “(A) the posting of an escrow, proof of insurance, or security sufficient in amount to cover the cost of destruction of a domestically-produced product or substance regulated under this Act or any other Act enforced by the Commission; and “(B) the posting of an escrow, proof of insurance, or security sufficient in amount to cover the cost of an effective recall of a product or substance, domestic or imported, regulated under this Act or any other Act enforced by the Commission. “(2) Report.— Not later than 180 days after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the Comptroller General shall transmit to the appropriate Congressional committees a report on the conclusions of the study required under paragraph (1), including an assessment of whether such an escrow requirement could be implemented and any recommendations for such implementation.” . (b) Conforming Amendments.— The table of contents in section 1 (15 U.S.C. 2051 note), as amended by section 219, is amended by adding at the end the following: “Sec. 41. Financial responsibility.”. SEC. 225. STUDY AND REPORT ON EFFECTIVENESS OF AUTHORITIES RELATING TO SAFETY OF IMPORTED CONSUMER PRODUCTS. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall— (1) conduct a study of the authorities and provisions of the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) to assess the effectiveness of such authorities and provisions in preventing unsafe consumer products from entering the customs territory of the United States; (2) review and provide recommendations with respect to plans to prevent unsafe consumer products from entering the customs territory of the United States; and (3) submit to the appropriate Congressional committees a report on the findings of the Comptroller General with respect to paragraphs (1) and (2), including legislative recommendations related to, at a minimum— (A) inspection of foreign manufacturing plants by the Commission; and (B) requiring foreign manufacturers to consent to the jurisdiction of United States courts with respect to enforcement actions by the Commission. Subtitle D— Miscellaneous Provisions and Conforming Amendments SEC. 231. PREEMPTION. (a) Rule With Regard to Preemption.— The provisions of sections 25 and 26 of the Consumer Product Safety Act (15 U.S.C. 2074 and 2075, respectively), section 18 of the Federal Hazardous Substances Act (15 U.S.C. 1261 note), section 16 of the Flammable Fabrics Act (15 U.S.C. 1203), and section 7 of the Poison Packaging Prevention Act of 1970 (15 U.S.C. 1476) establishing the extent to which those Acts preempt, limit, or otherwise affect any other Federal, State, or local law, any rule, procedure, or regulation, or any cause of action under State or local law may not be expanded or contracted in scope, or limited, modified or extended in application, by any rule or regulation thereunder, or by reference in any preamble, statement of policy, executive branch statements, or other matter associated with the publication of any such rule or regulation. In accordance with the provisions of those Acts, the Commission may not construe any such Act as preempting any cause of action under State or local common law or State statutory law regarding damage claims. (b) Preservation of Certain State Law.— Nothing in this Act or the Federal Hazardous Substances Act shall be construed to preempt or otherwise affect any warning requirement relating to consumer products or substances that is established pursuant to State law that was in effect on August 31, 2003. SEC. 232. ALL-TERRAIN VEHICLE STANDARD. (a) In General.— The Act (15 U.S.C. 2051 et seq.), as amended by section 224, is further amended by adding at the end thereof the following: “SEC. 42. ALL-TERRAIN VEHICLES. “(a) In General.— “(1) Mandatory standard.— Notwithstanding Deadline. Federal Register, publication. any other provision of law, within 90 days after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the Commission shall publish in the Federal Register as a mandatory consumer product safety standard the American National Standard for Four Wheel All-Terrain Vehicles Equipment Configuration, and Performance Requirements developed by the Specialty Vehicle Institute of America (American National Standard ANSI/SVIA –1–2007). Effective date. The standard shall take effect 150 days after it is published. “(2) Compliance with standard.— After the standard takes effect, it shall be unlawful for any manufacturer or distributor to import into or distribute in commerce in the United States any new assembled or unassembled all-terrain vehicle unless— “(A) the all-terrain vehicle complies with each applicable provision of the standard; “(B) the ATV is subject to an ATV action plan filed with the Commission before the date of enactment of the Act, or subsequently filed with and approved by the Commission, and bears a label certifying such compliance and identifying the manufacturer, importer or private labeler and the ATV action plan to which it is subject; and “(C) the manufacturer or distributor is in compliance with all provisions of the applicable ATV action plan. “(3) Violation.— The failure to comply with any requirement of paragraph (2) shall be deemed to be a failure to comply with a consumer product safety standard under this Act and subject to all of the penalties and remedies available under this Act. “(4) Compliant models with additional features.— Paragraph (2) shall not be construed to prohibit the distribution in commerce of new all-terrain vehicles that comply with the requirements of that paragraph but also incorporate characteristics or components that are not covered by those requirements. Any such characteristics or components shall be subject to the requirements of section 15 of this Act. “(b) Modification of Standard.— “(1) ANSI revisions.— If Notification. the American National Standard ANSI/SVIA–1–2007 is revised through the applicable consensus standards development process after the date on which the product safety standard for all-terrain vehicles is published in the Federal Register, the American National Standards Institute shall notify the Commission of the revision. “(2) Commission action.— Within Deadlines. Notices. 120 days after it receives notice of such a revision by the American National Standards Institute, the Commission shall issue a notice of proposed rulemaking in accordance with section 553 of title 5, United States Code, to amend the product safety standard for all-terrain vehicles to include any such revision that the Commission determines is reasonably related to the safe performance of all-terrain vehicles, and notify the Institute of any provision it has determined not to be so related. The Commission shall promulgate an amendment to the standard for all-terrain vehicles within 180 days after the date on which the notice of proposed rulemaking for the amendment is published in the Federal Register. “(3) Unreasonable risk of injury.— Notwithstanding any other provision of this Act, the Commission may, pursuant to sections 7 and 9 of this Act, amend the product safety standard for all-terrain vehicles to include any additional provision that the Commission determines is reasonably necessary to reduce an unreasonable risk of injury associated with the performance of all-terrain vehicles. “(4) Certain provisions not applicable.— Sections 7 and 9 of this Act shall not apply to promulgation of any amendment of the product safety standard under paragraph (2). Judicial review of any amendment of the standard under paragraph (2) shall be in accordance with chapter 7 of title 5, United States Code. “(c) Requirements for 3-Wheeled All-Terrain Vehicles.— Until a mandatory consumer product safety standard applicable to 3-wheeled all-terrain vehicles promulgated pursuant to this Act is in effect, new 3-wheeled all-terrain vehicles may not be imported into or distributed in commerce in the United States. Any violation of this subsection shall be considered to be a violation of section 19(a)(1) of this Act and may also be enforced under section 17 of this Act. “(d) Further Proceedings.— “(1) Deadline.— The Regulations. Commission shall issue a final rule in its proceeding entitled ‘Standards for All Terrain Vehicles and Ban of Three-wheeled All Terrain Vehicles’. “(2) Categories of youth atvs.— In the final rule, the Commission, in consultation with the National Highway Traffic Safety Administration, may provide for a multiple factor method of categorization that, at a minimum, takes into account— “(A) the weight of the ATV; “(B) the maximum speed of the ATV; “(C) the velocity at which an ATV of a given weight is traveling at the maximum speed of the ATV; “(D) the age of children for whose operation the ATV is designed or who may reasonably be expected to operate the ATV; and “(E) the average weight of children for whose operation the ATV is designed or who may reasonably be expected to operate the ATV. “(3) Additional safety standards.— In the final rule, the Commission, in consultation with the National Highway Traffic Safety Administration, shall review the standard published under subsection (a)(1) and establish additional safety standards for all-terrain vehicles to the extent necessary to protect the public health and safety. As part of its review, the Commission shall consider, at a minimum, establishing or strengthening standards on— “(A) suspension; “(B) brake performance; “(C) speed governors; “(D) warning labels; “(E) marketing; and “(F) dynamic stability. “(e) Definitions.— In this section: “(1) All-terrain vehicle or atv.— The term ‘all-terrain vehicle’ or ‘ATV’ means— “(A) any motorized, off-highway vehicle designed to travel on 3 or 4 wheels, having a seat designed to be straddled by the operator and handlebars for steering control; but “(B) does not include a prototype of a motorized, off-highway, all-terrain vehicle or other motorized, off-highway, all-terrain vehicle that is intended exclusively for research and development purposes unless the vehicle is offered for sale. “(2) ATV action plan.— The term ‘ATV action plan’ means a written plan or letter of undertaking that describes actions the manufacturer or distributor agrees to take to promote ATV safety, including rider training, dissemination of safety information, age recommendations, other policies governing marketing and sale of the ATVs, the monitoring of such sales, and other safety related measures, and that is substantially similar to the plans described under the heading ‘The Undertakings of the Companies in the Commission Notice’ published in the Federal Register on September 9, 1998 (63 FR 48199–48204).” . (b) GAO Study.— The Comptroller General shall conduct a study of the utility, recreational, and other benefits of all-terrain vehicles to which section 42 of the Consumer Product Safety Act (15 U.S.C. 2085) applies, and the costs associated with all-terrain vehicle-related accidents and injuries. (c) Conforming Amendment.— The table of contents of this Act is further amended by inserting after the item relating to section 42 the following: “Sec. 42. All-terrain vehicles.”. SEC. 233. COST-BENEFIT ANALYSIS UNDER THE POISON PREVENTION PACKAGING ACT OF 1970. Section 3 of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472) is amended by adding at the end thereof the following: “(e) Nothing in this Act shall be construed to require the Consumer Product Safety Commission, in establishing a standard under this section, to prepare a comparison of the costs that would be incurred in complying with such standard with the benefits of such standard.” . SEC. 234. STUDY ON USE OF FORMALDEHYDE IN MANUFACTURING OF TEXTILE AND APPAREL ARTICLES. Not Deadline. later than 2 years after the date of enactment of this Act, the Comptroller General, in consultation with the Commission, shall conduct a study on the use of formaldehyde in the manufacture of textile and apparel articles, or in any component of such articles, to identify any risks to consumers caused by the use of formaldehyde in the manufacturing of such articles, or components of such articles. SEC. 235. TECHNICAL AND CONFORMING CHANGES. (a) Definitions.— Section 3(a) (15 U.S.C. 2052) is amended by adding at the end the following: “(15) Appropriate congressional committees.— The term ‘appropriate Congressional committees’ means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. “(16) Children’s product.— The term ‘children’s product’ means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered: “(A) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable. “(B) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger. “(C) Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger. “(D) The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines. “(17) Third-party logistics provider.— The term ‘third-party logistics provider’ means a person who solely receives, holds, or otherwise transports a consumer product in the ordinary course of business but who does not take title to the product.” . (b) Miscellaneous.— Section 3 (15 U.S.C. 2052) is amended— (1) by striking “(a) for purposes of this Act:” and inserting “(a) In General.—In this Act:”; (2) by indenting each paragraph and subparagraph of subsection (a) 2 em spaces; (3) by inserting a heading, in a form consistent with the form of the heading of this subsection consisting of the term defined by such paragraph, after the designation of each paragraph of subsection (a); (4) by reordering such paragraphs and the additional paragraphs added by paragraph (1) of this subsection in alphabetical order based on the headings of such paragraphs and renumbering such paragraphs as so reordered; and (5) by inserting “common carriers, contract carriers, and freight forwarders” after “(b)” in subsection (b). (c) Conforming Amendments.— (1) Section 3(b) (15 U.S.C. 2052(b) is amended by inserting “third-party logistics provider,” after “contract carrier,”. (2) Section 6(e)(4) (15 U.S.C. 2055(e)(4)) is amended by striking “the Committee on Commerce, Science, and Transportation of the Senate or the Committee on Energy and Commerce of the House of Representatives or any subcommittee of such committee,” and insert “either of the appropriate Congressional committees or any subcommittee thereof,”. (3) Sections 9(a), 9(c), and 35(c)(2)(D)(iii) (15 U.S.C. 2058(a), (c), and 2082(c)(2)(D)(iii), and 2082(e)(1), respectively) are each amended by striking “the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives” each place it appears and inserting “the appropriate Congressional committees”. (4) Section 32(b)(1) (15 U.S.C. 2050(b)(1)) is amended by striking “the Committee on Energy and Commerce of the House of Representatives, and by the Committee on Commerce, Science, and Transportation of the Senate.” and inserting “the appropriate Congressional committees.”. (5) Section 35(e)(1) (15 U.S.C. 2082(e)(1)) is amended by striking “the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Energy and Commerce of the House of Representatives” and insert “the appropriate Congressional committees”. (6) Sections 17(h)(3), 28(j)(10)(F), and 28(k)(1) and (2) (15 U.S.C. 2066(h)(3), 2077(j)(10)(F), and 2077(k)(1) and (2), respectively) are each amended by striking “the Congress” and inserting “the appropriate Congressional committees”. (7) Section 29(e) (15 U.S.C. 2078(e)) is amended by striking “The Commission” and inserting “Notwithstanding section 6(a)(3), the Commission”. SEC. 236. EXPEDITED JUDICIAL REVIEW. (a) In General.— Section 11 (15 U.S.C. 2060) is amended by adding at the end thereof the following: “(g) Expedited Judicial Review.— “(1) Application.— This subsection applies, in lieu of the preceding subsections of this section, to judicial review of— “(A) any consumer product safety rule promulgated by the Commission pursuant to section 15(j) (relating to identification of substantial hazards); “(B) any consumer product safety standard promulgated by the Commission pursuant to section 42 (relating to all-terrain vehicles); “(C) any standard promulgated by the Commission under section 104 of the Consumer Product Safety Improvement Act of 2008 (relating to durable infant and toddler products); and “(D) any consumer product safety standard promulgated by the Commission under section 106 of the Consumer Product Safety Improvement Act of 2008 (relating to mandatory toy safety standards). “(2) In general.— Not Deadlines. Records. later than 60 days after the promulgation, by the Commission, of a rule or standard to which this subsection applies, any person adversely affected by such rule or standard may file a petition with the United States Court of Appeals for the District of Columbia Circuit for judicial review of such rule. Copies of the petition shall be forthwith transmitted by the clerk of the court to the Commission or other officer designated by it for that purpose and to the Attorney General. The record of the proceedings on which the Commission based its rule shall be filed in the court as provided for in section 2112 of title 28, United States Code. “(3) Review.— Upon the filing of the petition under paragraph (2) of this subsection, the court shall have jurisdiction to review the rule in accordance with chapter 7 of title 5, United States Code, and to grant appropriate relief, including interim relief, as provided in such chapter. “(4) Conclusiveness of judgment.— The judgment of the court affirming or setting aside, in whole or in part, any final rule under this section shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in section 1254 of title 28, United States Code. “(5) Further review.— A rule or standard with respect to which this subsection applies shall not be subject to judicial review in proceedings under section 17 (relating to imported products) or in civil or criminal proceedings for enforcement.” . (b) Pending Actions Unaffected.— The amendment made by subsection (a) shall not apply to any petition filed before the date of enactment of this Act for judicial review of any action by the Consumer Product Safety Commission. SEC. 237. REPEAL. Section 30 (15 U.S.C. 2079) is amended by striking subsection (d). SEC. 238. POOL AND SPA SAFETY ACT TECHNICAL AMENDMENTS. Title XIV of the Energy Independence and Security Act of 2007 (Public Law 110–140) is amended— (1) in section 1403 15 USC 8002. by adding at the end the following: “(8) State.— The term ‘State’ has the meaning given such term in section 3(10) of the Consumer Product Safety Act (15 U.S.C. 2052(10)), and includes the Northern Mariana Islands.” . (2) in section 1404 15 USC 8003. by adding at the end of subsection (b) the following: Notification. Deadline. “If a successor standard is proposed, the American Society of Mechanical Engineers shall notify the Commission of the proposed revision. If the Commission determines that the proposed revision is in the public interest, it shall incorporate the revision into the standard after providing 30 days notice to the public.”; and (3) by adding at the end the following: “SEC. 1409. APPLICABILITY. “This Act is applicable to the United States and its territories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands.” . SEC. 239. EFFECTIVE DATES AND SEVERABILITY. (a) Effective Dates.— (1) In general.— Except as otherwise specifically provided in this Act, this Act and the amendments made by this Act shall take effect on the date of enactment of this Act. (2) Certain delayed effective dates.— The amendments made by sections 103(c) and 214(a)(2) shall take effect on the date that is 60 days after the date of enactment of this Act. Subsection (c) of section 42 of the Consumer Product Safety Act, as added by section 232 of this Act, and the amendments made by sections 216 and 223(b) shall take effect on the date that is 30 days after the date of enactment of this Act. (b) Severability.— If any provision of this Act or the amendments made by this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act and the amendments made by this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation.Consumer Product Safety Improvement Act of 2008
Pub. L. 110–314 § 204(a)(1)(B) · 122 Stat. 3016
Substituted · 15 U.S.C. § 2058(b)
Pub. L. 110–314, § 204(a)(1)(B), which directed amendment of subsec. (b) by substituting “in a notice” for “in the notice”, was executed by making the substitution the first place the words appeared in par. (1) after “risk of injury identified”, to reflect the probable intent of Congress
Source evidence
Code amendment note
Subsec. (b). Pub. L. 110–314, § 204(a)(1)(B), which directed amendment of subsec. (b) by substituting “in a notice” for “in the notice”, was executed by making the substitution the first place the words appeared in par. (1) after “risk of injury identified”, to reflect the probable intent of Congress.Enacted provision · exact public law section
(B) by striking “in the notice” in subsection (b) and inserting “in a notice”;Consumer Product Safety Improvement Act of 2008
Pub. L. 110–314 § 235(c)(3) · 122 Stat. 3016
Substituted · 15 U.S.C. § 2058(c)
Pub. L. 110–314, § 235(c)(3), substituted “the appropriate Congressional committees” for “the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives” in two places in concluding provisions
Source evidence
Code amendment note
Subsec. (c). Pub. L. 110–314, § 235(c)(3), substituted “the appropriate Congressional committees” for “the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives” in two places in concluding provisions.Enacted provision · exact public law section
(3) Sections 9(a), 9(c), and 35(c)(2)(D)(iii) (15 U.S.C. 2058(a), (c), and 2082(c)(2)(D)(iii), and 2082(e)(1), respectively) are each amended by striking “the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives” each place it appears and inserting “the appropriate Congressional committees”.Consumer Product Safety Improvement Act of 2008
Pub. L. 110–314 § 204(a)(1)(C) · 122 Stat. 3016
Substituted · 15 U.S.C. § 2058(c)
Pub. L. 110–314, § 204(a)(1)(C)–(E), in introductory provisions, substituted “unless the” for “unless, not less than 60 days after publication of the notice required in subsection (a) of this section, the” and in concluding provisions
Substituted · 15 U.S.C. § 2058(c)
Pub. L. 110–314, § 204(a)(1)(C)–(E), in introductory provisions, substituted “the notice,” for “an advance notice of proposed rulemaking under subsection (a) of this section relating to the product involved,”
Substituted · 15 U.S.C. § 2058(c)
Pub. L. 110–314, § 204(a)(1)(C)–(E), in introductory provisions, substituted “Register. Nothing in this subsection shall preclude any person from submitting an existing standard or portion of a standard as a proposed consumer product safety standard.” for “Register.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 110–314, § 204(a)(1)(C)–(E), in introductory provisions, substituted “unless the” for “unless, not less than 60 days after publication of the notice required in subsection (a) of this section, the” and in concluding provisions, substituted “the notice,” for “an advance notice of proposed rulemaking under subsection (a) of this section relating to the product involved,” and “Register. Nothing in this subsection shall preclude any person from submitting an existing standard or portion of a standard as a proposed consumer product safety standard.” for “Register.”Enacted provision · exact public law section
(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”;Consumer Product Safety Improvement Act of 2008
Pub. L. 110–314 § 213 · 122 Stat. 3016
Inserted · 15 U.S.C. § 2058(g)(2)
Pub. L. 110–314, § 213, inserted “or to which a rule under this chapter or similar rule, regulation, standard, or ban under any other Act enforced by the Commission applies,” after “applies,”
Substituted · 15 U.S.C. § 2058(g)(2)
Pub. L. 110–314, § 213, substituted “rule, regulation, standard, or ban” for “consumer product safety rule” the second, third, and fourth places it appeared
Source evidence
Code amendment note
Subsec. (g)(2). Pub. L. 110–314, § 213, inserted “or to which a rule under this chapter or similar rule, regulation, standard, or ban under any other Act enforced by the Commission applies,” after “applies,” and substituted “rule, regulation, standard, or ban” for “consumer product safety rule” the second, third, and fourth places it appeared.Enacted provision · exact public law section
SEC. 213. PROHIBITION ON STOCKPILING UNDER OTHER COMMISSION-ENFORCED STATUTES. Section 9(g)(2) (15 U.S.C. 2058(g)(2)) is amended— (1) by inserting “or to which a rule under this Act or similar rule, regulation, standard, or ban under any other Act enforced by the Commission applies,” after “applies,”; and (2) by striking “consumer product safety rule” the second, third, and fourth places it appears, and inserting “rule, regulation, standard, or ban”.
24 of 26 references resolved to an enrolled provision · 2 partial
Editorial Notes
Amendments1976–2008 · 5 rounds
2008
Subsec. (a). Pub. L. 110–314, §§ 204(a)(1)(A), 235(c)(3), substituted “may be commenced” for “shall be commenced” in introductory provisions and “the appropriate Congressional committees” for “the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives” in concluding provisions.
Subsec. (b). Pub. L. 110–314, § 204(a)(1)(B), which directed amendment of subsec. (b) by substituting “in a notice” for “in the notice”, was executed by making the substitution the first place the words appeared in par. (1) after “risk of injury identified”, to reflect the probable intent of Congress.
Subsec. (c). Pub. L. 110–314, § 235(c)(3), substituted “the appropriate Congressional committees” for “the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives” in two places in concluding provisions.
Pub. L. 110–314, § 204(a)(1)(C)–(E), in introductory provisions, substituted “unless the” for “unless, not less than 60 days after publication of the notice required in subsection (a) of this section, the” and in concluding provisions, substituted “the notice,” for “an advance notice of proposed rulemaking under subsection (a) of this section relating to the product involved,” and “Register. Nothing in this subsection shall preclude any person from submitting an existing standard or portion of a standard as a proposed consumer product safety standard.” for “Register.”
Subsec. (g)(2). Pub. L. 110–314, § 213, inserted “or to which a rule under this chapter or similar rule, regulation, standard, or ban under any other Act enforced by the Commission applies,” after “applies,” and substituted “rule, regulation, standard, or ban” for “consumer product safety rule” the second, third, and fourth places it appeared.
1990
Subsec. (b)(2). Pub. L. 101–608, § 108(a), struck out period at end and inserted “, except that the Commission shall terminate any such proceeding and rely on a voluntary standard only if such voluntary standard is in existence. For purposes of this section, a voluntary standard shall be considered to be in existence when it is finally approved by the organization or other person which developed such standard, irrespective of the effective date of the standard. Before relying upon any voluntary consumer product safety standard, the Commission shall afford interested persons (including manufacturers, consumers, and consumer organizations) a reasonable opportunity to submit written comments regarding such standard. The Commission shall consider such comments in making any determination regarding reliance on the involved voluntary standard under this subsection.”
Subsec. (c). Pub. L. 101–608, § 109, inserted at end “Any proposed consumer product safety rule shall be issued within twelve months after the date of publication of an advance notice of proposed rulemaking under subsection (a) relating to the product involved, unless the Commission determines that such proposed rule is not reasonably necessary to eliminate or reduce the risk of injury associated with the product or is not in the public interest. The Commission may extend the twelve-month period for good cause. If the Commission extends such period, it shall immediately transmit notice of such extension to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. Such notice shall include an explanation of the reasons for such extension, together with an estimate of the date by which the Commission anticipates such rulemaking will be completed. The Commission shall publish notice of such extension and the information submitted to the Congress in the Federal Register.”
Subsec. (i). Pub. L. 101–608, § 110(a), added subsec. (i).
1981
Subsec. (a). Pub. L. 97–35 amended subsec. (a) generally, substituting provisions for the commencement of rule-making proceedings by the publication of a notice of proposed rule-making for provisions for the promulgation of rule after publication of a notice according to specified provisions of law and to withdraw applicable notice of proceeding upon determination that such rule was not reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with the product or that it was in the public interest, and providing for certain other procedural safeguards.
Subsec. (b). Pub. L. 97–35 amended subsec. (b) generally, substituting provisions relating to the publication of a voluntary standard as a proposed consumer product safety rule and notice of reliance by the Commission on such standard for provisions that a consumer product safety rule shall express the risk of injury which the standard is designed to eliminate or reduce.
Subsec. (c). Pub. L. 97–35 amended subsec. (c) generally, substituting provisions relating to the publication in the Federal Register of the text of the proposed rule, including alternatives, with a preliminary regulatory analysis, and for the transmittal of such notice to certain committees of Congress for provisions relating to the requirement that the Commission make appropriate findings with respect to certain specified factors for inclusion in a consumer product safety rule.
Subsec. (d). Pub. L. 97–35 amended subsec. (d) generally, substituting provisions relating to the time for promulgation of the rule in accordance with section 553 of title 5 or withdrawal of the applicable notice for provisions relating to the effective dates for rules and standards and the authority of the Commission to prohibit stockpiling.
Subsec. (e). Pub. L. 97–35 amended subsec. (e) generally, substituting provisions relating to the requirement that the consumer product safety rule express the risk of injury which is to be eliminated or reduced and requiring, that in promulgating the rule, the Commission to consider available product data and the needs of the elderly and handicapped persons for provisions relating to the amendment and revocation of rules.
Subsecs. (f) to (h). Pub. L. 97–35 added subsecs. (f) to (h).
1978
Subsec. (a)(1), (2). Pub. L. 95–631 substituted in pars. (1) and (2) reference to section 2056 of this title for prior reference to section 2056(c), (e)(1), or (f) of this title.
1976
Subsec. (b). Pub. L. 94–284 inserted provision directing the Commission to take into consideration the special needs of the elderly and the handicapped in promulgating a consumer product safety rule.
Statutory Notes and Related Subsidiaries
Effective Date of 1981 Amendment
Amendment by Pub. L. 97–35 applicable with respect to regulations under this chapter and chapters 25 and 30 of this title for which notices of proposed rulemaking are issued after , see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title.
Effective Date
Section effective on the sixtieth day following , see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title.
Credits
1972–2008 · 6 acts
- 1972Pub. L. 92–573, § 9, , 86 Stat. 1215
- 1976Pub. L. 94–284, § 9, , 90 Stat. 506
- 1978Pub. L. 95–631, § 4(d), , 92 Stat. 3744
- 1981Pub. L. 97–35, title XII, § 1203(a), , 95 Stat. 704
- 1990Pub. L. 101–608, title I, §§ 108(a), 109, 110(a), , 104 Stat. 3112, 3113
- 2008Pub. L. 110–314, title II, §§ 204(a)(1), 213, 235(c)(3), , 122 Stat. 3040, 3052, 3074.
Show as published
(Pub. L. 92–573, § 9, , 86 Stat. 1215; Pub. L. 94–284, § 9, , 90 Stat. 506; Pub. L. 95–631, § 4(d), , 92 Stat. 3744; Pub. L. 97–35, title XII, § 1203(a), , 95 Stat. 704; Pub. L. 101–608, title I, §§ 108(a), 109, 110(a), , 104 Stat. 3112, 3113; Pub. L. 110–314, title II, §§ 204(a)(1), 213, 235(c)(3), , 122 Stat. 3040, 3052, 3074.)