text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Imported and Domestic Product Safety 
  Act of 2009''.
  
  SEC. 2. DEFINITIONS.
  
      In this Act:
              (1) Council.--The term ``Council'' means the Product Safety 
          Coordinating Council established by section 4(a).
              (2) Director.--The term ``Director'' means the Director of 
          Imported and Domestic Product Safety appointed under section 
          3(b).
              (3) Office.--The term ``Office'' means the Office of 
          Imported and Domestic Product Safety established by section 
          3(a).
              (4) Product.--The term ``product'' means any of the 
          following:
                      (A) Food, as defined in section 201 of the Federal 
                  Food, Drug, and Cosmetic Act (21 U.S.C. 321), 
                  including--
                              (i) poultry and poultry products, as 
                          defined in section 4 of the Poultry Products 
                          Inspection Act (21 U.S.C. 453);
                              (ii) meat and meat food products, as 
                          defined in section 1 of the Federal Meat 
                          Inspection Act (21 U.S.C. 601); and
                              (iii) eggs and egg products, as defined in 
                          section 4 of the Egg Products Inspection Act 
                          (21 U.S.C. 1033).
                      (B) A drug, device, cosmetic, dietary supplement, 
                  infant formula, and food additive, as such terms are 
                  defined in section 201 of the Federal Food, Drug, and 
                  Cosmetic Act (21 U.S.C. 321).
                      (C) A consumer product, as such term is defined in 
                  section 3(a) of the Consumer Product Safety Act (15 
                  U.S.C. 2052).
                      (D) A motor vehicle, motor vehicle equipment, and 
                  replacement equipment, as such terms are defined in 
                  section 30102 of title 49, United States Code.
                      (E) A biological product, as such term is defined 
                  in section 351(i) of the Public Health Service Act (42 
                  U.S.C. 262(i)).
                      (F) A pesticide, as such term is defined in section 
                  2 of the Federal Insecticide, Fungicide, and 
                  Rodenticide Act (7 U.S.C. 136).
                      (G) Any other food, consumer product, fishery 
                  product, beverage, or tobacco product with respect to 
                  which a department or agency that is represented on the 
                  Council has jurisdiction.
  
  SEC. 3. OFFICE OF IMPORTED AND DOMESTIC PRODUCT SAFETY; DIRECTOR.
  
      (a) Establishment.--There is established in the Department of 
  Commerce an office to be known as the ``Office of Imported and Domestic 
  Product Safety''.
      (b) Director.--The Director of Imported and Domestic Product Safety 
  shall be the head of the Office. The Director shall be appointed by the 
  President, by and with the advice and consent of the Senate, from among 
  individuals who have--
              (1) not less than 10 years of leadership and management 
          experience in the public or private sector; and
              (2) expertise in areas relating to product safety and 
          protection of the public.
      (c) Duties of the Director.--The Director shall, working with the 
  Council--
              (1) ensure that there is coordination among all departments 
          and agencies that have responsibility for product safety in a 
          manner that--
                      (A) protects the health and safety of United States 
                  consumers; and
                      (B) provides that consumers and businesses have 
                  access to product safety information;
              (2) establish policies, objectives, and priorities to 
          improve the management, coordination, promotion, and oversight 
          of all departments and agencies that have responsibility for 
          product safety;
              (3) work with consumer groups, industry, and other 
          interested parties to establish the policies, objectives, and 
          priorities described in paragraph (2);
              (4) improve the www.Recalls.gov Internet website (or 
          successor Federal website) that provides product safety 
          information and recall information for products under different 
          Federal agencies;
              (5) develop and maintain a database that--
                      (A) is centralized;
                      (B) is user friendly;
                      (C) is accessible to the public;
                      (D) includes information about all mandatory and 
                  voluntary actions taken with respect to product safety 
                  by businesses and departments and agencies that have 
                  responsibility for product safety, including--
                              (i) recalls;
                              (ii) advisories;
                              (iii) alerts;
                              (iv) seizures;
                              (v) defect determinations;
                              (vi) import bans; and
                              (vii) such other actions as the Director 
                          considers appropriate; and
                      (E) incorporates hyperlinks to databases maintained 
                  by the departments and agencies that have 
                  responsibility for product safety with respect to the 
                  actions described in subparagraph (D);
              (6) develop guidelines for effective and efficient 
          dissemination, by the departments and agencies of members of 
          the Council, of product recall alerts to consumers and 
          businesses, including retailers, the media, and medical 
          professionals;
              (7) promote the development of risk assessment models to 
          assist Federal departments and agencies responsible for the 
          importation and safety of products to better identify and 
          prevent the importation or introduction into commerce of unsafe 
          products;
              (8) promote the development of tracing technology to 
          provide consumers with access to the supply chain history of a 
          product;
              (9) develop guidelines to facilitate information sharing 
          relating to the importation and safety of products among 
          businesses, United States trading partners, and departments and 
          agencies of Federal, State, and local governments;
              (10) develop and maintain a public electronic directory of 
          services to assist consumers and businesses in locating product 
          safety information;
              (11) develop a framework for engaging United States trading 
          partners in efforts to improve product safety, including 
          cooperation and coordination related to safety standards, 
          testing, certification, audits, and inspections before products 
          are shipped to the United States;
              (12) establish an inventory of memoranda of understanding 
          negotiated by Federal departments and agencies with foreign 
          governments related to the importation and safety of products;
              (13) promote coordination among Federal departments and 
          agencies seeking to negotiate new memoranda described in 
          paragraph (11); and
              (14) develop guidelines to ensure that there is a unified 
          effort to protect the health and safety of United States 
          consumers, including--
                      (A) simplifying consumer-retailer interaction 
                  regarding products identified as unsafe;
                      (B) improving product labeling;
                      (C) developing comprehensive recordkeeping 
                  throughout the production, importation, and 
                  distribution of products; and
                      (D) increasing public access to information 
                  regarding--
                              (i) product safety standards, testing, and 
                          certification;
                              (ii) enforcement of product safety laws; 
                          and
                              (iii) product-related deaths, injuries, and 
                          illness.
      (d) Staff.--
              (1) In general.--The Director may employ and fix the 
          compensation of such officers and employees as may be necessary 
          to assist the Director in carrying out the duties of the 
          Director set forth by subsection (c).
              (2) Detail of government employees.--The Director may 
          direct, with the concurrence of the Secretary of a department 
          or head of an agency, the temporary reassignment within the 
          Federal Government of personnel employed by such department or 
          agency on a reimbursable or nonreimbursable basis to the 
          Office.
      (e) Supervision.--The Director shall report to the Secretary of 
  Commerce.
      (f) Compensation.--Section 5314 of title 5, United States Code, is 
  amended by adding at the end the following new item:
              ``Director of Imported and Domestic Product Safety, 
          Department of Commerce.''.
  
  SEC. 4. PRODUCT SAFETY COORDINATING COUNCIL.
  
      (a) Establishment.--There is established a Product Safety 
  Coordinating Council--
              (1) to improve the management, coordination, promotion, and 
          oversight of product safety responsibilities; and
              (2) to assist the Director in--
                      (A) carrying out the functions of the Office set 
                  forth by section 3(c);
                      (B) developing the strategic plan under section 5; 
                  and
                      (C) developing the report under section 6.
      (b) Membership.--
              (1) Composition.--The Council shall consist of the Director 
          and 1 individual designated by each of the following from their 
          respective departments and agencies:
                      (A) The Commissioner of Customs and Border 
                  Protection of the Department of Homeland Security.
                      (B) The Under Secretary for International Trade of 
                  the Department of Commerce.
                      (C) The United States Trade Representative.
                      (D) The Under Secretary for Economic, Energy, and 
                  Agricultural Affairs of the Department of State.
                      (E) The Under Secretary for Food Safety of the 
                  Department of Agriculture.
                      (F) The Commissioner of the Food and Drug 
                  Administration of the Department of Health and Human 
                  Services.
                      (G) The Under Secretary for Oceans and Atmosphere 
                  of the Department of Commerce.
                      (H) The Chairman of the Consumer Product Safety 
                  Commission.
                      (I) The Administrator of the National Highway 
                  Traffic Safety Administration of the Department of 
                  Transportation.
                      (J) The Administrator of the Environmental 
                  Protection Agency.
                      (K) The Administrator of the Alcohol and Tobacco 
                  Tax and Trade Bureau of the Department of the Treasury.
                      (L) The Attorney General.
                      (M) The Director of the Centers for Disease Control 
                  and Prevention of the Department of Health and Human 
                  Services.
                      (N) The Chairman of the Federal Trade Commission.
                      (O) The Chairman of the United States International 
                  Trade Commission.
                      (P) The Director of the Office of Management and 
                  Budget.
                      (Q) Such other officers of the United States as the 
                  Director determines necessary to carry out the 
                  functions of the Council.
              (2) Qualifications.--Each individual designated under 
          paragraph (1) shall be selected from among individuals who 
          are--
                      (A) involved in product safety and protection of 
                  the public from risks to safety; and
                      (B) qualified to serve on the Council.
      (c) Department and Agency Responsibilities.--
              (1) In general.--The department or agency of each member of 
          the Council shall assist the Director in--
                      (A) developing and implementing a unified effort to 
                  protect the health and safety of United States 
                  consumers;
                      (B) ensuring that consumers and businesses have 
                  access to product safety information; and
                      (C) carrying out the duties of the Director set 
                  forth by section 3(c).
              (2) Cooperation.--Each member of the Council shall ensure 
          that the department or agency the member represents--
                      (A) provides such assistance, information, and 
                  advice as the Director may request;
                      (B) complies with information sharing policies, 
                  procedures, guidelines, and standards established by 
                  the Director; and
                      (C) provides adequate resources to support the 
                  activities and operations of the Office.
      (d) Meetings.--The Council shall meet not less frequently than 
  monthly at the call of the Director.
      (e) Chairperson.--The Director shall be the chairperson of the 
  Council.
  
  SEC. 5. STRATEGIC PLAN.
  
      (a) Strategic Plan Required.--Not later than 180 days after the 
  date of the enactment of this Act, and every 2 years thereafter, the 
  Director shall, after consulting with the members of the Council, 
  submit to the President and to Congress a strategic plan.
      (b) Contents of Strategic Plan.--The strategic plan submitted under 
  subsection (a) shall contain--
              (1) a detailed description of the goals, objectives, and 
          priorities of the Office and the Council;
              (2) a description of the methods for achieving such goals, 
          objectives, and priorities;
              (3) a description of the performance measures that will be 
          used to monitor results in achieving such goals, objectives, 
          and priorities; and
              (4) an estimate of the resources necessary to achieve such 
          goals, objectives, and priorities, and an estimate of the cost 
          of such resources.
  
  SEC. 6. ANNUAL REPORT ON PRODUCT SAFETY.
  
      (a) Annual Report Required.--Not later than 1 year after the date 
  of the enactment of this Act and November 1 of each calendar year 
  thereafter, the Director shall submit to the President and to Congress 
  a written report on the safety of products.
      (b) Content of Report.--The report submitted under subsection (a) 
  shall contain a detailed description of how the duties set forth in 
  section 3(c) are being implemented.
      (c) Consultations.--The Director shall consult with the members of 
  the Council with respect to the preparation of the report required by 
  subsection (a). Any comments provided by the members of the Council for 
  a report under such subsection shall be submitted to the Director not 
  later than 1 month before the date such report is submitted to 
  Congress. The Director shall submit the report to Congress after taking 
  into account all comments received.
  
  SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
  
      There are authorized to be appropriated to the Secretary of 
  Commerce such sums as may be necessary to carry out the provisions of 
  this Act and the activities of the Office.
  
  SEC. 8. AUTHORIZATION OF INTERAGENCY SUPPORT FOR PRODUCT SAFETY 
                COORDINATION.
  
      The use of interagency funding and other forms of support is 
  authorized by Congress to carry out the functions and activities of the 
  Office and the functions and activities of the Council.
target: Imported and Domestic Product Safety Act of 2009 - Establishes in the Department of Commerce an Office of Imported and Domestic Product Safety to carry out specified duties, including: (1) coordinating all departments and agencies that have product safety responsibilities in a way that protects the health and safety of U.S. consumers and provides consumers and businesses with access to product safety information; (2) improving the www.Recalls.gov website; and (3) developing a publicly accessible database with information about all mandatory and voluntary product safety actions taken by businesses, departments, and agencies.
  
  Establishes a Product Safety Coordinating Council to assist the Office's director.
feat_title: A bill to establish the Office of Imported and Domestic Product Safety in the Department of Commerce and the Product Safety Coordinating Council to improve the management, coordination, promotion, and oversight of food and product safety responsibilities, to improve consumer and business access to food and product safety information, and for other purposes.