Consumer Product Safety Improvement Act of 2008/Title II/Subtitle D

{{SECTION|SEC. 231.|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.

{{SECTION|SEC. 232.|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:


 * (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.´´.

{{SECTION|SEC. 233.|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.´´.

{{SECTION|SEC. 234.|SEC. 234}}.STUDY ON USE OF FORMALDEHYDE IN MANUFACTURING OF TEXTILE AND APPAREL ARTICLES.

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

{{SECTION|SEC. 235.|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:


 * (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”.

{{SECTION|SEC. 236.|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:


 * (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.

{{SECTION|SEC. 237.|SEC. 237}}. REPEAL.

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

{{SECTION|SEC. 238.|SEC. 238}}. POOL AND SPA SAFETY ACT TECHNICAL AMENDMENTS.

 * Title XIV of the Energy Independence and Security Act of 2007 (Public Law 110-140) is amended—
 * (1) in section 1403 by adding at the end the following:


 * ``(8) STATE.—The term ‘State’ has the meaning given such term in section 3(10) of the Consumer Product Safety Act (15 U.S.C. 2052(10)), and includes the Northern Mariana Islands.´´.


 * (2) in section 1404 by adding at the end of subsection (b) the following: ``If a successor standard is proposed, the American Society of Mechanical Engineers shall notify the Commission of the proposed revision. If the Commission determines that the proposed revision is in the public interest, it shall incorporate the revision into the standard after providing 30 days notice to the public.´´; and


 * (3) by adding at the end the following:


 * ``SEC. 1409. APPLICABILITY.
 * ``This Act is applicable to the United States and its territories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands.´´.

{{SECTION|SEC. 239.|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.

