12 2 STA T .307 0 PUBLIC LA W 110 – 31 4— AU G .14 , 200 8(b)CONF O RMI N GA M E N D MEN TS.—Theta b l e ofc o n tent si n sec - tion 1 (1 5U . S .C. 20 51 note) , asa m en d edb y section 21 9 , is amended by addin g at the end the follo w ing
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‘ Sec.41 . Fina ncia lr e spo nsi b ili ty . ’ ’. SEC.2 2 5 .S TUDYAN D R E PO RTONE F FECT IV ENESS OF AUT H ORITIES RE L ATIN G TO SAFETY OF I M PORTED CONSUMER PROD - UCTS. N ot late r than 1 year after the date of enactment of this Act, the Com p troller G eneral of the United States shall— (1) cond u ct a study of the authorities and pro v isions of the Consumer P roduct Safety Act (15 U.S.C. 2051 et se q .) to assess the effectiveness of such authorities and provisions in preventing unsafe consumer products from entering the cus- toms 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 recommenda- tions related to, at a minimum— (A) inspection of foreign manufacturing plants by the Commission; and ( B ) requiring foreign manufacturers to consent to the j urisdiction of United States courts with respect to enforce- ment actions by the Commission. Subti t leD—M i sc ell an e o us Pr o v isions an dC on f or m in gA mendments SEC. 2 31 . PREEMPTION. (a) RUL E W IT H REG A RD TO PREEM P TION.—The provisions of sections 25 and 2 6 of the Consumer Product Safety Act (15 U.S.C. 20 74 and 2075, respectively), section 1 8 of the F ederal H a z ardous 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 Pac k aging Prevention Act of 1970 (15 U.S.C. 1476) establishing the e x tent 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 applica- tion, 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 regula- tion. I n accordance with the provisions of those Acts, the Commis- sion 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) PRESER V ATION OF CERTAIN STATE L A W .—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. 15USC20 51 note.Ma n uf a c tu r er s . R eco m men d a - t i ons.
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