I 

112TH CONGRESS 

1ST SESSION H. R. 1939 

To provide the Consumer Product Safety Commission with greater authority 

and discretion in enforcing the consumer product safety laws, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2011 

Mrs. BONO MACK (for herself and Mr. UPTON) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To provide the Consumer Product Safety Commission with 

greater authority and discretion in enforcing the consumer product safety laws, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Enhancing CPSC Au5 thority and Discretion Act of 2011’’. 

6 SEC. 2. DEFINITION OF CHILDREN’S PRODUCT. 

7 (a) DEFINITION.—Section 3(a)(2) of the Consumer 

8 Product Safety Act (15 U.S.C. 2052(a)(2)) is amended 

9 in the matter preceding subparagraph (A)— 


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1 (1) by striking ‘‘intended primarily for chil2 dren’’ and inserting ‘‘primarily intended for use by 

3 children’’; and 

4 (2) by striking ‘‘intended for a child’’ and in5 serting ‘‘intended for use by a child’’. 

6 (b) TECHNICAL AMENDMENT.—Section 101(a)(1) of 

7 the Consumer Product Safety Improvement Act of 2008 

8 (15 U.S.C. 1278a(a)(1)) is amended by striking ‘‘(as de9 fined in section 3(a)(16) of the Consumer Product Safety 

10 Act (15 U.S.C. 2052(a)(16)))’’ and inserting ‘‘(as defined 

11 in section 3(a) of the Consumer Product Safety Act (15 

12 U.S.C. 2052(a)))’’. 

13 SEC. 3. CHILDREN’S PRODUCTS CONTAINING LEAD. 

14 (a) IN GENERAL.—Section 101(a)(2) of the Con15 sumer Product Safety Improvement Act of 2008 (15 

16 U.S.C. 1278a(a)(2)) is amended— 

17 (1) in subparagraph (A), by striking ‘‘600 parts 

18 per million’’ both places it appears and inserting 

19 ‘‘0.06 percent’’; 

20 (2) by striking subparagraphs (B) and (C) and 

21 inserting the following: 

22 ‘‘(B) 0.03 PERCENT BY WEIGHT.—Except 

23 as provided in subparagraphs (C), (D), (F) and 

24 (G), beginning August 14, 2009, the lead limit 

25 referred to in paragraph (1) is 0.03 percent 


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1 total lead content by weight for any part of a 

2 children’s product. 

3 ‘‘(C) 0.01 PERCENT BY WEIGHT.—Except 

4 as provided in subparagraphs (D) and (G), be5 ginning on the date that is 4 years after the 

6 date of enactment of this Act, the lead limit re7 ferred to in paragraph (1) is 0.01 percent total 

8 lead content by weight for any part of a chil9 dren’s product that— 

10 ‘‘(i) is designed or intended primarily 

11 for use by a child 6 years of age or young12 er; and 

13 ‘‘(ii) can be placed in a child’s 

14 mouth.’’; 

15 (3) in subparagraph (D)— 

16 (A) by striking ‘‘100 parts per million’’ 

17 and inserting ‘‘0.01 percent’’; 

18 (B) by inserting ‘‘described in such sub19 paragraph’’ after ‘‘product category’’; 

20 (C) by striking ‘‘300 parts per million’’ 

21 both places it appears and inserting ‘‘0.03 per22 cent’’; and 

23 (D) by striking ‘‘3 years’’ and inserting ‘‘4 

24 years’’; 


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1 (4) by redesignating subparagraph (E) as sub2 paragraph (G) and inserting after subparagraph (D) 

3 the following: 

4 ‘‘(E) DETERMINATION GUIDELINES.—For 

5 purposes of subparagraphs (C)(ii) and (D) and 

6 subsection (b)(1)(A)(ii), a children’s product 

7 can be placed in a child’s mouth if any part of 

8 the children’s product can actually be brought 

9 to the mouth and kept in the mouth by a child 

10 so that it can be sucked and chewed. If the chil11 dren’s product can only be licked, it is not re12 garded as able to be placed in the mouth. If a 

13 toy or part of a toy in one dimension is smaller 

14 than 5 centimeters, it can be placed in the 

15 mouth. 

16 ‘‘(F) APPLICATION OF MORE STRINGENT

17 LIMIT TO OTHER CHILDREN’S PRODUCTS.—The 

18 Commission may, by regulation, apply the limit 

19 set forth in subparagraph (C) or (D) to any 

20 children’s product or class of products if it de21 termines after a hearing that the lead content 

22 in such product or class of products, as limited 

23 by subparagraph (B), presents an unreasonable 

24 risk to children’s health.’’; and 


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1 (5) in subparagraph (G) (as so redesignated), 

2 by striking ‘‘or (D)’’ and inserting ‘‘(D), or (F)’’. 

3 (b) PROSPECTIVE APPLICATION OF LEAD LIMIT FOR

4 CHILDREN’S PRODUCTS.—Section 101(a) of the Con5 sumer Product Safety Improvement Act of 2008 (15 

6 U.S.C. 1278a(a)) is further amended by adding at the end 

7 the following: 

8 ‘‘(3) APPLICATION.—Each limit set forth in 

9 paragraph (2) (except for the limit set forth in sub10 paragraph (A)) shall apply only to a children’s prod11 uct (as defined in section 3(a) of the Consumer 

12 Product Safety Act (15 U.S.C. 2052(a))) that is 

13 manufactured after the effective date of such respec14 tive limit.’’. 

15 (c) ALTERNATIVE LIMITS AND EXCEPTIONS.—Sec16 tion 101(b) of such Act (15 U.S.C. 1278a(b)(1)) is 

17 amended— 

18 (1) by striking paragraph (1) and inserting the 

19 following: 

20 ‘‘(1) FUNCTIONAL PURPOSE EXCEPTION.— 

21 ‘‘(A) IN GENERAL.—The Commission, on 

22 its own initiative or upon petition by an inter23 ested party, shall grant an exception to the pro24 hibition in subsection (a) for a specific product, 

25 material, or component part if the Commission, 


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1 after notice and comment in accordance with 

2 subparagraph (B), determines that— 

3 ‘‘(i) the product, material, or compo4 nent part requires the inclusion of lead be5 cause it is not practicable or not techno6 logically feasible to manufacture such 

7 product, material, or component part, as 

8 the case may be, in accordance with sub9 section (a) by removing the excessive lead 

10 or by making the lead inaccessible; 

11 ‘‘(ii) the product, material, or compo12 nent part is not likely to be placed in the 

13 mouth or ingested, taking into account 

14 normal and reasonably foreseeable use and 

15 abuse of such product, material, or compo16 nent part by a child; and 

17 ‘‘(iii) an exception for the product, 

18 material, or component part will have no 

19 measurable adverse effect on public health 

20 or safety, taking into account normal and 

21 reasonably foreseeable use and abuse. 

22 For purposes of clause (iii), there is no measur23 able adverse effect on public health or safety if 

24 the exception described in this subparagraph 


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1 will result in no measurable increase in blood 

2 lead levels. 

3 ‘‘(B) PROCEDURES FOR GRANTING EXCEP4 TION.— 

5 ‘‘(i) NOTICE AND COMMENT PE6 RIOD.—Before granting an exception under 

7 subparagraph (A), the Commission shall 

8 allow not fewer than 60 days for public 

9 comment after publishing the notice of the 

10 proposed exception. 

11 ‘‘(ii) BURDEN OF PROOF.—A party 

12 seeking an exception under subparagraph 

13 (A) has the burden of demonstrating that 

14 it meets the requirements of such subpara15 graph. 

16 ‘‘(iii) GROUNDS FOR DECISION.—In 

17 the case where a party has petitioned for 

18 an exception, in determining whether to 

19 grant the exception, the Commission may 

20 base its decision solely on the materials 

21 presented by the party seeking the excep22 tion and any materials received through 

23 notice and comment. 

24 ‘‘(iv) ADMISSIBLE EVIDENCE.—In 

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1 ments of subparagraph (A), a party seek2 ing an exception under such subparagraph 

3 may rely on any nonproprietary informa4 tion submitted by any other party seeking 

5 such an exception and such information 

6 shall be considered part of the record pre7 sented by the party that relies on that in8 formation. 

9 ‘‘(v) SCOPE OF EXCEPTION.—If an ex10 ception is sought for an entire product, the 

11 burden is on the petitioning party to dem12 onstrate that the criteria in subparagraph 

13 (A) are met with respect to every acces14 sible component or accessible material of 

15 the product. 

16 ‘‘(C) LIMITATION ON EXCEPTION.—If the 

17 Commission grants an exception for a product, 

18 material, or component part under subpara19 graph (A), the Commission may, as necessary 

20 to protect public health or safety— 

21 ‘‘(i) require each manufacturer of 

22 such product, material, or component part 

23 to reduce the level of lead in such product, 

24 material, or component part; or 


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1 ‘‘(ii) place a manufacturing expiration 

2 date on such exception or establish a 

3 schedule after which the manufacturer of 

4 such product, material, or component part 

5 shall be in full compliance with the limits 

6 in subsection (a). 

7 ‘‘(D) APPLICATION OF EXCEPTION.—An 

8 exception under subparagraph (A) for a prod9 uct, material, or component part shall apply re10 gardless of the date of manufacture unless the 

11 Commission expressly provides otherwise. 

12 ‘‘(E) PREVIOUSLY SUBMITTED PETI13 TIONS.—A party seeking an exception under 

14 this paragraph may rely on materials previously 

15 submitted in connection with a petition for ex16 clusion under this section. In such cases, peti17 tioners must notify the Commission of their in18 tent to rely on materials previously submitted. 

19 Such reliance does not affect petitioners’ obliga20 tion to demonstrate that they meet all require21 ments of this paragraph as required by sub22 paragraph (B)(ii).’’; 

23 (2) in paragraph (2)(A), by striking ‘‘include 

24 to,’’ and inserting ‘‘include’’; 


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1 (3) by redesignating paragraph (5) as para2 graph (7) and inserting after paragraph (4) the fol3 lowing: 

4 ‘‘(5) CERTAIN OUTDOOR RECREATIONAL PROD5 UCTS.— 

6 ‘‘(A) METAL COMPONENT PARTS.—In lieu 

7 of the lead limits established in subsection 

8 (a)(2), the limits set forth for each respective 

9 material in section 1500.88 of title 16, Code of 

10 Federal Regulations (as in effect on January 

11 20, 2010) shall apply to metal component parts 

12 made of such materials in children’s products, 

13 other than apparel, intended primarily for out14 door recreational use, regardless of the date on 

15 which such products were manufactured. 

16 ‘‘(B) BATTERY TERMINALS.—The lead 

17 limits established in subsection (a)(2) shall not 

18 apply to battery terminals in children’s prod19 ucts intended primarily for outdoor recreational 

20 use. 

21 ‘‘(6) EXCLUSION OF CERTAIN USED CHIL22 DREN’S PRODUCTS.— 

23 ‘‘(A) GENERAL EXCLUSION.—The lead 

24 limits established under subsection (a) shall not 

25 apply to a used children’s product. 


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1 ‘‘(B) DEFINITION.—The term ‘used chil2 dren’s product’ means a children’s product that 

3 was obtained by the seller for use and not for 

4 the purpose of resale or was obtained by the 

5 seller, either directly or indirectly, from a per6 son who obtained such children’s product for 

7 use and not for the purpose of resale. Such 

8 term also includes a children’s product that was 

9 donated to the seller for charitable distribution 

10 or resale to support charitable purposes. Such 

11 term shall not include— 

12 ‘‘(i) children’s metal jewelry; or 

13 ‘‘(ii) any children’s product for which 

14 the donating party or the seller has actual 

15 knowledge that the product is in violation 

16 of the lead limits in this section. 

17 For purposes of this definition, the term ‘seller’ 

18 includes a person who lends or donates a used 

19 children’s product.’’; and 

20 (4) in paragraph (7) (as so redesignated)— 

21 (A) by inserting ‘‘the alternative limits set 

22 forth in this subsection and’’ after ‘‘review and 

23 revise’’; and 

24 (B) by striking ‘‘the first promulgation of 

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1 serting ‘‘the date of enactment of the Enhanc2 ing CPSC Authority and Discretion Act of 

3 2011,’’. 

4 SEC. 4. APPLICATION OF THIRD-PARTY TESTING REQUIRE5 MENTS. 

6 (a) APPLICABLE CHILDREN’S PRODUCTS.—Section 

7 14(a) of the Consumer Product Safety Act (15 U.S.C. 

8 2063(a)) is amended— 

9 (1) in paragraph (2)— 

10 (A) in the matter preceding subparagraph 

11 (A), by inserting ‘‘described in paragraph 

12 (3)(B)’’ after ‘‘a children’s product safety rule’’; 

13 (B) in subparagraph (B), by striking ‘‘the 

14 children’s product safety rule’’ and inserting 

15 ‘‘such children’s product safety rule’’; and 

16 (C) by striking the flush sentence following 

17 subparagraph (B); and 

18 (2) in paragraph (3)— 

19 (A) in subparagraph (A), by inserting ‘‘de20 scribed in subparagraph (B)’’ after ‘‘a chil21 dren’s product safety rule’’; and 

22 (B) by amending subparagraph (B)(vi) to 

23 read as follows: 

24 ‘‘(vi) OTHER DURABLE NURSERY

25 PRODUCTS.—The Commission shall publish 


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1 notice of the requirements for accreditation 

2 of third-party conformity assessment bod3 ies to assess conformity with other rules 

4 promulgated under section 104 of the Con5 sumer Product Safety Improvement Act of 

6 2008 not later than 90 days before such 

7 rules or revisions take effect.’’. 

8 (b) THIRD-PARTY TESTING REQUIREMENTS.— 

9 (1) REQUIREMENTS.—Section 14(b) of the 

10 Consumer Product Safety Act (15 U.S.C. 2063(b)) 

11 is amended to read as follows: 

12 ‘‘(b) TESTING PROGRAMS.— 

13 ‘‘(1) IN GENERAL.—The Commission may, by 

14 rule, prescribe reasonable testing programs to be 

15 used as the basis for certification under subsection 

16 (a). 

17 ‘‘(2) TESTING BY AN INDEPENDENT THIRD

18 PARTY.—Any test or testing program on the basis of 

19 which a certificate is issued under subsection (a) 

20 may, at the option of the person required to certify 

21 the product, be conducted by an independent third 

22 party qualified to perform such tests, unless the 

23 Commission, by rule and in accordance with para24 graph (3), requires testing by an independent third 

25 party for— 


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1 ‘‘(A) a particular rule, regulation, stand2 ard, ban; 

3 ‘‘(B) any portion of a particular rule, regu4 lation, standard, or ban; or 

5 ‘‘(C) a particular class of products. 

6 ‘‘(3) REQUIREMENTS FOR TESTING BY AN

7 INDEPENDENT THIRD PARTY.— 

8 ‘‘(A) REQUIREMENTS.—The Commission 

9 may not require testing by an independent third 

10 party under paragraph (2) until the Commis11 sion has— 

12 ‘‘(i) established and published notice 

13 of the requirements for accreditation of 

14 third-party conformity assessment bodies 

15 who are determined to be qualified by the 

16 Commission to conduct such testing; 

17 ‘‘(ii) determined that the testing ca18 pacity of accredited third-party conformity 

19 assessment bodies, taken together as a 

20 whole, is sufficient or is likely to be suffi21 cient in a reasonable period of time to pre22 vent unreasonable delays due to testing; 

23 ‘‘(iii) established, by rule, exemptions 

24 or alternative testing procedures for the 

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1 of-a-kind products and of specialty prod2 ucts for the disabled, and products that 

3 are produced in small quantities such that 

4 the cost of testing by an independent third 

5 party is not economically practicable; and 

6 ‘‘(iv) made a reasoned determina7 tion— 

8 ‘‘(I) that the benefits from re9 quiring third-party testing justify the 

10 costs; and 

11 ‘‘(II) that any rule issued pursu12 ant to this paragraph is tailored to 

13 impose the least possible burden, tak14 ing into account to the extent prac15 ticable, the costs of cumulative regula16 tions. 

17 ‘‘(B) PRODUCED IN SMALL QUANTITIES

18 DEFINED.—For purposes of subparagraph 

19 (A)(iii), the term ‘produced in small quantities’ 

20 means that not more than 10,000 units of the 

21 same product (or substantially similar products) 

22 are produced in one year by a manufacturer 

23 and any affiliated manufacturer. A manufac24 turer may not subdivide the production of such 


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1 manufacturer into small quantities in order to 

2 evade third-party testing requirements. 

3 ‘‘(4) STAY OF ENFORCEMENT AND REVIEW OF

4 REQUIREMENTS.— 

5 ‘‘(A) STAY OF ENFORCEMENT.—The Com6 mission may not enforce any third-party testing 

7 requirement relating to lead content limits 

8 (other than for children’s metal jewelry), 

9 phthalate limits, or the mandatory toy standard 

10 until the Commission has complied with the re11 quirements of paragraph (3) with respect to 

12 such requirement. 

13 ‘‘(B) REVIEW.—The Commission may 

14 modify any other third-party testing require15 ment it has adopted, based on a review of such 

16 requirements in accordance with paragraph (3), 

17 to provide additional flexibility or to eliminate 

18 unnecessary burdens.’’. 

19 (2) PROHIBITED ACT.—Section 19(a)(14) of 

20 the Consumer Product Safety Act (15 U.S.C. 

21 2068(a)(14)) is amended by inserting before the pe22 riod the following: ‘‘, or to subdivide the production 

23 of any children’s product into small quantities in 

24 order to evade any third-party testing requirements 

25 under section 14(a)(2)’’. 


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1 (c) CONTINUING TESTING.—Section 14(d)(2) of the 

2 Consumer Product Safety Act (15 U.S.C. 2063(d)(2)) is 

3 amended— 

4 (1) by striking ‘‘Not later than 15 months after 

5 the date of enactment of the Consumer Product 

6 Safety Improvement Act of 2008, the’’ and inserting 

7 ‘‘(A) The’’; 

8 (2) by redesignating clauses (i) through (iv) of 

9 subparagraph (B) as subclauses (I) through (IV), 

10 respectively, and by redesignating subparagraphs 

11 (A) and (B) as clauses (i) and (ii), respectively; 

12 (3) in the matter preceding clause (i) (as so re13 designated), by striking ‘‘shall’’; 

14 (4) in clause (i) (as so redesignated), by strik15 ing ‘‘initiate’’ and inserting ‘‘not later than 15 

16 months after the date of enactment of the Consumer 

17 Product Safety Improvement Act of 2008, shall ini18 tiate’’; and 

19 (5) in clause (ii) (as so redesignated), by strik20 ing ‘‘establish’’ and inserting ‘‘may establish’’; and 

21 (6) by inserting at the end the following: 

22 ‘‘(B) The Commission may not enforce any 

23 third-party testing requirement pursuant to this 

24 paragraph without first having determined that such 


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1 requirement is consistent with the requirements of 

2 subsection (b)(3)(A)(iv).’’. 

3 SEC. 5. APPLICATION OF AND PROCESS FOR UPDATING DU4 RABLE NURSERY PRODUCTS STANDARDS. 

5 (a) UPDATING STANDARD.—Section 104(b) of the 

6 Consumer Product Safety Improvement Act of 2008 (15 

7 U.S.C. 2056a(b)) is amended by adding at the end the 

8 following: 

9 ‘‘(4) PROCESS FOR CONSIDERING SUBSEQUENT

10 REVISIONS TO VOLUNTARY STANDARD.— 

11 ‘‘(A) NOTICE OF ADOPTION OF VOL12 UNTARY STANDARD.—When the Commission 

13 promulgates a consumer product safety stand14 ard under this subsection that is based, in 

15 whole or in part, on a voluntary standard, the 

16 Commission shall notify the organization that 

17 issued the voluntary standard of the Commis18 sion’s action and shall provide a copy of the 

19 consumer product safety standard to the orga20 nization. 

21 ‘‘(B) COMMISSION ACTION ON REVISED

22 VOLUNTARY STANDARD.—If an organization re23 vises a standard that has been adopted, in 

24 whole or in part, as a consumer product safety 

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1 tify the Commission. The revised voluntary 

2 standard shall be considered to be a consumer 

3 product safety standard issued by the Commis4 sion under section 9 of the Consumer Product 

5 Safety Act (15 U.S.C. 2058), effective 180 days 

6 after the date on which the organization notifies 

7 the Commission (or such later date specified by 

8 the Commission in the Federal Register) unless, 

9 within 90 days after receiving that notice, the 

10 Commission notifies the organization that it has 

11 determined that the proposed revision does not 

12 improve the safety of the consumer product cov13 ered by the standard and that the Commission 

14 is retaining the existing consumer product safe15 ty standard.’’. 

16 (b) APPLICATION OF STANDARD.—Section 104(c) of 

17 the Consumer Product Safety Improvement Act of 2008 

18 (15 U.S.C. 2056a) is amended by redesignating paragraph 

19 (3) as paragraph (4) and inserting after paragraph (2) 

20 the following: 

21 ‘‘(3) APPLICATION.— 

22 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

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1 quent to the initial promulgation of a standard 

2 under such subsection. 

3 ‘‘(B) SPECIAL RULE FOR FIXED-SIDE

4 CRIBS SUBJECT TO CERTAIN STATE OR LOCAL

5 LAW REQUIREMENTS.—Paragraph (1) shall not 

6 apply to a fixed-side crib that has not been re7 called and that is offered or provided for use in 

8 a licensed child care facility (other than a fam9 ily child care home) that is subject to the fol10 lowing requirements under the law of a State or 

11 a political subdivision of a State: 

12 ‘‘(i) The facility may not allow a child 

13 to remain in a crib for any significant 

14 amount of time while the child is awake. 

15 ‘‘(ii) The facility may not place in a 

16 crib a child over the age of 16 months. 

17 ‘‘(iii) An adult must be present when18 ever a child is in a crib.’’. 

19 SEC. 6. APPLICATION OF SECTION 106 TO FDA-REGULATED 

20 PRODUCTS. 

21 Section 106(a) of the Consumer Product Safety Im22 provement Act (15 U.S.C. 2056b(a)) is amended by in23 serting ‘‘or any provision that restates or incorporates a 

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1 tration or any statute administered by the Food and Drug 

2 Administration’’ after ‘‘or by statute’’. 

3 SEC. 7. APPLICATION OF PHTHALATES STANDARD. 

4 (a) ACCESSIBLE, PLASTICIZED COMPONENT

5 PARTS.—Section 108 of the Consumer Product Safety Im6 provement Act of 2008 (15 U.S.C. 2057c) is amended— 

7 (1) by redesignating subsections (c) through (e) 

8 as subsections (d) through (f), respectively; and 

9 (2) by inserting after subsection (b) the fol10 lowing: 

11 ‘‘(c) APPLICATION.— 

12 ‘‘(1) ACCESSIBLE COMPONENT PARTS.—Effec13 tive on the date of enactment of this Act, sub14 sections (a) and (b)(1) and any rule promulgated 

15 under subsection (b)(3) shall apply to any accessible, 

16 plasticized component part of a children’s toy or 

17 child care article. 

18 ‘‘(2) COMMISSION AUTHORITY.—The Commis19 sion may, by rule, exempt any children’s toy or child 

20 care article described in paragraph (1) or any class 

21 of such products or materials used in such products 

22 from any of the prohibitions under subsections (a) 

23 and (b)(1) and any rule promulgated under sub24 section (b)(3) where the Commission determines that 


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1 compliance with any such prohibition is not nec2 essary to protect children’s health.’’. 

3 (b) EFFECT OF CONCLUSIONS OF THE CHRONIC

4 HAZARD ADVISORY PANEL.—Section 108(b)(3) of such 

5 Act (15 U.S.C. 2057c(b)(3)) is amended— 

6 (1) by striking ‘‘Not later than’’ and inserting 

7 the following: 

8 ‘‘(A) RULEMAKING REQUIRED.—Not later 

9 than’’; 

10 (2) by redesignating subparagraphs (A) and 

11 (B) as clauses (i) and (ii), respectively; 

12 (3) in clause (i) (as so redesignated), by insert13 ing ‘‘or terminate such prohibition’’ after ‘‘margin of 

14 safety’’; and 

15 (4) by adding at the end the following: 

16 ‘‘(B) DEADLINE AND EFFECT ON PROHIBI17 TION.—If the Commission does not commence a 

18 rulemaking proceeding within 90 days after re19 ceiving the report required by paragraph (2)(C) 

20 or does not issue a final rule as required by 

21 subparagraph (A) within 180 days after com22 mencing a rulemaking, the prohibition in para23 graph (1) shall terminate.’’. 

24 (c) DEFINITIONS.—Section 108(f) of the Consumer 

25 Product Safety Improvement Act of 2008 (15 U.S.C. 


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1 2057c(f)) (as redesignated by subsection (a)) is amend2 ed— 

3 (1) in paragraph (1)— 

4 (A) in subparagraph (B), by striking ‘‘con5 sumer product’’ and all that follows and insert6 ing ‘‘children’s product that is subject to the 

7 standard made mandatory by section 106(b) or 

8 any successor standard’’; 

9 (B) in subparagraph (C), by striking ‘‘con10 sumer product’’ and inserting ‘‘children’s prod11 uct’’; and 

12 (C) in subparagraph (D)— 

13 (i) by striking ‘‘consumer product’’ 

14 and inserting ‘‘children’s product’’; 

15 (ii) by striking ‘‘section 3(a)(1)’’ and 

16 inserting ‘‘section 3(a)’’; and 

17 (iii) by striking ‘‘2052(a)(1)’’ and in18 serting ‘‘2052(a)’’; and 

19 (2) by amending paragraph (2) to read as fol20 lows: 

21 ‘‘(2) DETERMINATION GUIDELINES.—For pur22 poses of this section, a toy can be placed in a child’s 

23 mouth if any part of the toy can actually be brought 

24 to the mouth and kept in the mouth by a child so 

25 that it can be sucked and chewed. If the children’s 


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1 product can only be licked, it is not regarded as able 

2 to be placed in the mouth. If a toy or part of a toy 

3 in one dimension is smaller than 5 centimeters, it 

4 can be placed in the mouth.’’. 

5 SEC. 8. EXEMPTION AUTHORITY FOR TRACKING LABELS 

6 REQUIREMENT. 

7 Section 14(a)(5) of the Consumer Product Safety Act 

8 (15 U.S.C. 2063(a)(5)) is amended— 

9 (1) by striking ‘‘Effective 1 year’’ and inserting 

10 ‘‘(A) Effective 1 year’’; 

11 (2) by redesignating subparagraphs (A) and 

12 (B) as clauses (i) and (ii), respectively; and 

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

14 ‘‘(B) The Commission may, by regulation, exclude a 

15 specific product or class of products from the require16 ments in subparagraph (A) if the Commission determines 

17 that it is not practicable for such product or class of prod18 ucts to bear the marks required by such subparagraph. 

19 The Commission may establish alternative requirements 

20 for any product or class of products excluded under the 

21 preceding sentence consistent with the purposes described 

22 in clauses (i) and (ii) of subparagraph (A).’’. 


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1 SEC. 9. REQUIREMENTS FOR PUBLIC DATABASE. 

2 (a) REQUIREMENTS FOR SUBMISSIONS TO THE

3 DATABASE.—Section 6A(b) of the Consumer Product 

4 Safety Act (15 U.S.C. 2055a(b)) is amended— 

5 (1) in paragraph (1)(A)— 

6 (A) in clause (i), by striking ‘‘consumers’’ 

7 and inserting ‘‘persons who suffer harm or risk 

8 of harm related to the use of a product, their 

9 next of kin or members of their household, their 

10 legal representative, or another person expressly 

11 authorized by any such person’’; and 

12 (B) in clause (v), by striking ‘‘public safety 

13 entities’’ and inserting ‘‘police, fire, ambulance, 

14 emergency medical services, Federal, State, and 

15 local law enforcement entities, and other public 

16 safety officials’’; 

17 (2) in paragraph (2)(B)— 

18 (A) in clause (i), by inserting ‘‘and its lo19 cation and availability’’ after ‘‘concerned’’; 

20 (B) in clause (iv), by inserting ‘‘and if 

21 such person is not the person harmed by the 

22 product, the name and contact information of 

23 the person who suffered the harm or risk of 

24 harm related to the use of the product’’ after 

25 ‘‘report’’; and 


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1 (C) in clause (v), by inserting ‘‘that such 

2 person is the consumer who used the product 

3 that gave rise to the harm, the user’s next of 

4 kin, a member of the user’s household, the legal 

5 representative of the user, another person ex6 pressly authorized by any such person, or a per7 son authorized to submit reports of harm under 

8 paragraph (1)(A) and’’ after ‘‘person submit9 ting the information’’; and 

10 (3) in paragraph (6), by inserting ‘‘or any per11 son on whose behalf such a report was submitted,’’ 

12 after ‘‘paragraph (1)(A),’’. 

13 (b) ADEQUACY AND ACCURACY OF INFORMATION RE14 PORTED TO THE PUBLIC DATABASE.—Section 6A(c)(2) of 

15 the Consumer Product Safety Act (15 U.S.C. 

16 2055a(c)(2)) is amended— 

17 (1) in subparagraph (A), by striking ‘‘to sub18 mit’’ and all that follows and inserting ‘‘to— 

19 ‘‘(i) notify the Commission within 10 

20 business days after receipt of the report 

21 that the information provided in the report 

22 is insufficient for determining which of the 

23 manufacturer’s products is the subject of 

24 the complaint, in which case the manufac25 turer shall provide the Commission (and 


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1 the person submitting the complaint, if 

2 that person has consented to disclosure of 

3 contact information) with information to 

4 assist the person submitting the report to 

5 sufficiently identify or provide an adequate 

6 description of the product; 

7 ‘‘(ii) notify the Commission within 10 

8 business days after receipt of the report 

9 that the information provided in the report 

10 is materially inaccurate and to provide the 

11 Commission with any additional informa12 tion supporting the manufacturer’s claim 

13 of inaccuracy; and 

14 ‘‘(iii) submit other comments to the 

15 Commission on the information contained 

16 in such report.’’; and 

17 (2) by redesignating subparagraphs (B) and 

18 (C) as subparagraphs (C) and (D), respectively, and 

19 inserting after subparagraph (A) the following: 

20 ‘‘(B) ACTION BY THE COMMISSION.— 

21 ‘‘(i) INSUFFICIENT PRODUCT IDENTI22 FICATION.—If a manufacturer notifies the 

23 Commission of the insufficiency of the 

24 product information in a report pursuant 

25 to subparagraph (A)(i), and the CommisVerDate Mar 15 2010 02:43 May 27, 2011 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H1939.IH H1939

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1 sion agrees that the information provided 

2 is insufficient to identify the product, the 

3 Commission shall provide the information 

4 provided by the manufacturer to the per5 son submitting the report (unless such in6 formation has already been provided di7 rectly by the manufacturer) and seek to 

8 obtain from such person an adequate de9 scription of the product. 

10 ‘‘(ii) MATERIALLY INACCURATE IN11 FORMATION.—If a manufacturer notifies 

12 the Commission of a material inaccuracy in 

13 a report pursuant to subparagraph (A)(ii), 

14 and the Commission determines that the 

15 claim is potentially valid, the Commission 

16 shall seek to resolve the inaccuracy by any 

17 of the following: 

18 ‘‘(I) Obtaining from the person 

19 submitting the report such additional 

20 information necessary to correct the 

21 inaccuracy. 

22 ‘‘(II) Investigating the incident 

23 giving rise to the report in order to 

24 correct any such inaccuracy. 


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1 ‘‘(III) Providing the manufac2 turer a reasonable period of time to 

3 investigate and provide additional in4 formation to correct any inaccuracy. 

5 ‘‘(iii) STAY ON INCLUSION IN DATA6 BASE.—The Commission shall not include 

7 in the database a report described in 

8 clauses (i) or (ii) until the product is spe9 cifically identified and any material inaccu10 racy corrected.’’. 

11 (c) MISREPRESENTATION PROHIBITED.—Section 

12 19(a)(13) of the Consumer Product Safety Act (15 U.S.C. 

13 2068(a)(13)) is amended by inserting ‘‘related to a sub14 mission of information to the database established under 

15 section 6A, or’’ after ‘‘misrepresentation to such an officer 

16 or employee’’. 

17 SEC. 10. SUBPOENA AUTHORITY. 

18 Section 27(b) of the Consumer Product Safety Act 

19 (15 U.S.C. 2076(b)) is amended— 

20 (1) in paragraph (3), by inserting ‘‘and phys21 ical’’ after ‘‘documentary’’; 

22 (2) in paragraph (8), by striking ‘‘and’’; 

23 (3) by redesignating paragraph (9) as para24 graph (10) and inserting after paragraph (8) the fol25 lowing: 


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1 ‘‘(9) to delegate to the general counsel of the 

2 Commission the authority to issue subpoenas solely 

3 to Federal, State, or local government agencies for 

4 evidence described in paragraph (3); and’’; and 

5 (4) in paragraph (10) (as so redesignated), by 

6 inserting ‘‘(except as provided in paragraph (9))’’ 

7 after ‘‘paragraph (3)’’. 

8 SEC. 11. AVAILABILITY OF CERTAIN PERSONAL AND MED9 ICAL INFORMATION TO THE CPSC. 

10 Section 5 of the Consumer Product Safety Act (15 

11 U.S.C. 2054) is amended by adding at the end the fol12 lowing new subsection: 

13 ‘‘(e) AVAILABILITY OF PERSONAL AND MEDICAL IN14 FORMATION UNDER HIPAA.—In order to carry out its 

15 investigative and enforcement activities under this Act and 

16 under any of the Acts enforced by the Commission, the 

17 Commission shall be deemed a public health authority 

18 within the meaning of section 164.512(b)(i) of title 45, 

19 Code of Federal Regulations, for purposes of permitted 

20 disclosures of protected health information authorized 

21 under such section.’’. 

22 SEC. 12. TECHNICAL AMENDMENT. 

23 Section 14 of the Consumer Product Safety Act (15 

24 U.S.C. 2063) is further amended by redesignating the sec25 ond subsection (d) as subsection (i). 


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1 SEC. 13. EFFECTIVE DATE. 

2 Except as provided otherwise, the amendments made 

3 by this Act shall take effect on the date of enactment of 

4 this Act. 

Æ 


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