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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2715 Enrolled Bill (ENR)]

        H.R.2715

                      One Hundred Twelfth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
            the fifth day of January, two thousand and eleven

                                 An Act

 
To provide the Consumer Product Safety Commission with greater authority 
 and discretion in enforcing the consumer product safety laws, and for 
                             other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. LIMITATION ON LEAD IN CHILDREN'S PRODUCTS.
    (a) Prospective Application of Lead Limit for Children's 
Products.--Section 101(a) of the Consumer Product Safety Improvement 
Act of 2008 (15 U.S.C. 1278a(a)) is amended by adding at the end the 
following:
        ``(3) Application.--Each limit set forth in paragraph (2) 
    (except for the limit set forth in subparagraphs (A) and (B)) shall 
    apply only to a children's product (as defined in section 3(a) of 
    the Consumer Product Safety Act (15 U.S.C. 2052(a))) that is 
    manufactured after the effective date of such respective limit.''.
    (b) Alternative Limits and Exceptions.--Section 101(b) of such Act 
(15 U.S.C. 1278a(b)(1)) is amended--
        (1) by striking paragraph (1) and inserting the following:
        ``(1) Functional purpose exception.--
            ``(A) In general.--The Commission, on its own initiative or 
        upon petition by an interested party, shall grant an exception 
        to the limit in subsection (a) for a specific product, class of 
        product, material, or component part if the Commission, after 
        notice and a hearing, determines that--
                ``(i) the product, class of product, material, or 
            component part requires the inclusion of lead because it is 
            not practicable or not technologically feasible to 
            manufacture such product, class of product, material, or 
            component part, as the case may be, in accordance with 
            subsection (a) by removing the excessive lead or by making 
            the lead inaccessible;
                ``(ii) the product, class of product, material, or 
            component part is not likely to be placed in the mouth or 
            ingested, taking into account normal and reasonably 
            foreseeable use and abuse of such product, class of 
            product, material, or component part by a child; and
                ``(iii) an exception for the product, class of product, 
            material, or component part will have no measurable adverse 
            effect on public health or safety, taking into account 
            normal and reasonably foreseeable use and abuse.
            ``(B) Measurement.--For purposes of subparagraph (A)(iii), 
        there is no measurable adverse effect on public health or 
        safety if the exception described in subparagraph (A) will 
        result in no measurable increase in blood lead levels of a 
        child. The Commission may adopt an alternative method of 
        measurement other than blood lead levels if it determines, 
        after notice and a hearing, that such alternative method is a 
        better scientific method for measuring adverse effect on public 
        health and safety.
            ``(C) Procedures for granting exception.--
                ``(i) Burden of proof.--A party seeking an exception 
            under subparagraph (A) has the burden of demonstrating that 
            it meets the requirements of such subparagraph.
                ``(ii) Grounds for decision.--In the case where a party 
            has petitioned for an exception, in determining whether to 
            grant the exception, the Commission may base its decision 
            solely on the materials presented by the party seeking the 
            exception and any materials received through notice and a 
            hearing.
                ``(iii) Admissible evidence.--In demonstrating that it 
            meets the requirements of subparagraph (A), a party seeking 
            an exception under such subparagraph may rely on any 
            nonproprietary information submitted by any other party 
            seeking such an exception and such information shall be 
            considered part of the record presented by the party that 
            relies on that information.
                ``(iv) Scope of exception.--If an exception is sought 
            for an entire product, the burden is on the petitioning 
            party to demonstrate that the criteria in subparagraph (A) 
            are met with respect to every accessible component or 
            accessible material of the product.
            ``(D) Limitation on exception.--If the Commission grants an 
        exception for a product, class of product, material, or 
        component part under subparagraph (A), the Commission may, as 
        necessary to protect public health or safety--
                ``(i) establish a lead limit that such product, class 
            of product, material, or component part may not exceed; or
                ``(ii) place a manufacturing expiration date on such 
            exception or establish a schedule after which the 
            manufacturer of such product, class of product, material, 
            or component part shall be in full compliance with the 
            limit established under clause (i) or the limit set forth 
            in subsection (a).
            ``(E) Application of exception.--An exception under 
        subparagraph (A) for a product, class of product, material, or 
        component part shall apply regardless of the date of 
        manufacture unless the Commission expressly provides otherwise.
            ``(F) Previously submitted petitions.--A party seeking an 
        exception under this paragraph may rely on materials previously 
        submitted in connection with a petition for exclusion under 
        this section. In such cases, petitioners must notify the 
        Commission of their intent to rely on materials previously 
        submitted. Such reliance does not affect petitioners' 
        obligation to demonstrate that they meet all requirements of 
        this paragraph as required by subparagraph (C)(i).'';
        (2) in paragraph (2)(A), by striking ``include to,'' and 
    inserting ``include''; and
        (3) by redesignating paragraph (5) as paragraph (8) and 
    inserting after paragraph (4) the following:
        ``(5) Exception for off-highway vehicles.--
            ``(A) In general.--Subsection (a) shall not apply to an 
        off-highway vehicle.
            ``(B) Off-highway vehicle defined.--For purposes of this 
        section, the term `off-highway vehicle'--
                ``(i) means any motorized vehicle--

                    ``(I) that is manufactured primarily for use off 
                public streets, roads, and highways;
                    ``(II) designed to travel on 2, 3, or 4 wheels; and
                    ``(III) that has either--

                        ``(aa) a seat designed to be straddled by the 
                    operator and handlebars for steering control; or
                        ``(bb) a nonstraddle seat, steering wheel, seat 
                    belts, and roll-over protective structure; and
                ``(ii) includes a snowmobile.
        ``(6) Bicycles and related products.--In lieu of the lead 
    limits established in subsection (a)(2), the limits set forth for 
    each respective material in the notice of the Commission entitled 
    `Notice of Stay of Enforcement Pertaining to Bicycles and Related 
    Products', published June 30, 2009 (74 Fed. Reg. 31254), shall 
    apply to any metal component part of the products to which the stay 
    of enforcement described in such notice applies, except that after 
    December 31, 2011, the limits set forth in such notice shall not be 
    more than 300 parts per million total lead content by weight for 
    any metal component part of the products to which such stay 
    pertains.
        ``(7) Exclusion of certain used children's products.--
            ``(A) General exclusion.--The lead limits established under 
        subsection (a) shall not apply to a used children's product.
            ``(B) Definition.--In this paragraph, the term `used 
        children's product' means a children's product (as defined in 
        section 3(a) of the Consumer Product Safety Act (15 U.S.C. 
        2052(a)) that was obtained by the seller for use and not for 
        the purpose of resale or was obtained by the seller, either 
        directly or indirectly, from a person who obtained such 
        children's product for use and not for the purpose of resale. 
        Such term also includes a children's product that was donated 
        to the seller for charitable distribution or resale to support 
        charitable purposes. Such term shall not include--
                ``(i) children's metal jewelry;
                ``(ii) any children's product for which the donating 
            party or the seller has actual knowledge that the product 
            is in violation of the lead limits in this section; or
                ``(iii) any other children's product or product 
            category that the Commission determines, after notice and a 
            hearing.
        For purposes of this definition, the term `seller' includes a 
        person who lends or donates a used children's product.''.
SEC. 2. APPLICATION OF THIRD PARTY TESTING REQUIREMENTS.
    (a) In General.--Section 14(d) of the Consumer Product Safety Act 
(15 U.S.C. 2063(d)) is amended--
        (1) in paragraph (2)(B)(ii), by striking ``random'' and 
    inserting ``representative''; and
        (2) by adding at the end the following:
        ``(3) Reducing third party testing burdens.--
            ``(A) Assessment.--Not later than 60 days after the date of 
        enactment of this paragraph, the Commission shall seek public 
        comment on opportunities to reduce the cost of third party 
        testing requirements consistent with assuring compliance with 
        any applicable consumer product safety rule, ban, standard, or 
        regulation. The request for public comment shall include the 
        following:
                ``(i) The extent to which the use of materials subject 
            to regulations of another government agency that requires 
            third party testing of those materials may provide 
            sufficient assurance of conformity with an applicable 
            consumer product safety rule, ban, standard, or regulation 
            without further third party testing.
                ``(ii) The extent to which modification of the 
            certification requirements may have the effect of reducing 
            redundant third party testing by or on behalf of 2 or more 
            importers of a product that is substantially similar or 
            identical in all material respects.
                ``(iii) The extent to which products with a substantial 
            number of different components subject to third party 
            testing may be evaluated to show compliance with an 
            applicable rule, ban, standard, or regulation by third 
            party testing of a subset of such components selected by a 
            third party conformity assessment body.
                ``(iv) The extent to which manufacturers with a 
            substantial number of substantially similar products 
            subject to third party testing may reasonably make use of 
            sampling procedures that reduce the overall test burden 
            without compromising the benefits of third party testing.
                ``(v) The extent to which evidence of conformity with 
            other national or international governmental standards may 
            provide assurance of conformity to consumer product safety 
            rules, bans, standards, or regulations applicable under 
            this Act.
                ``(vi) The extent to which technology, other than the 
            technology already approved by the Commission, exists for 
            third party conformity assessment bodies to test or to 
            screen for testing consumer products subject to a third 
            party testing requirement.
                ``(vii) Other techniques for lowering the cost of third 
            party testing consistent with assuring compliance with the 
            applicable consumer product safety rules, bans, standards, 
            and regulations.
            ``(B) Regulations.--Following the public comment period 
        described in subparagraph (A), but not later than 1 year after 
        the date of enactment of this paragraph, the Commission shall 
        review the public comments and may prescribe new or revised 
        third party testing regulations if it determines that such 
        regulations will reduce third party testing costs consistent 
        with assuring compliance with the applicable consumer product 
        safety rules, bans, standards, and regulations.
            ``(C) Report.--If the Commission determines that it lacks 
        authority to implement an opportunity for reducing the costs of 
        third-party testing consistent with assuring compliance with 
        the applicable consumer product safety rules, bans, standards, 
        and regulations, it shall transmit a report to Congress 
        reviewing those opportunities, along with any recommendations 
        for any legislation to permit such implementation.
        ``(4) Special rules for small batch manufacturers.--
            ``(A) Special consideration; exemption.--
                ``(i) Consideration; alternative requirements.--Subject 
            to subparagraph (C), in implementing third party testing 
            requirements under this section, the Commission shall take 
            into consideration any economic, administrative, or other 
            limits on the ability of small batch manufacturers to 
            comply with such requirements and shall, after notice and a 
            hearing, provide alternative testing requirements for 
            covered products manufactured by small batch manufacturers 
            in lieu of those required under subsection (a) or (b). Any 
            such alternative requirements shall provide for reasonable 
            methods to assure compliance with any applicable consumer 
            product safety rule, ban, standard, or regulation. The 
            Commission may allow such alternative testing requirements 
            for small batch manufacturers with respect to a specific 
            product or product class or with respect to a specific 
            safety rule, ban, standard, or regulation, or portion 
            thereof.
                ``(ii) Exemption.--If the Commission determines that no 
            alternative testing requirement is available or 
            economically practicable, it shall exempt small batch 
            manufacturers from third party testing requirements under 
            subsections (a) and (b).
                ``(iii) Certification.--In lieu of or as part of any 
            alternative testing requirements provided under clause (i), 
            the Commission may allow certification of a product to an 
            applicable consumer product safety rule, ban, standard, or 
            regulation, or portion thereof, based on documentation that 
            the product complies with another national or international 
            governmental standard or safety requirement that the 
            Commission determines is the same or more stringent than 
            the consumer product safety rule, ban, standard, or 
            regulation, or portion thereof. Any such certification 
            shall only be allowed to the extent of the equivalency with 
            a consumer product safety rule, ban, standard, or 
            regulation and not to any other part of the consumer 
            product safety rule, ban, standard, or regulation.
                ``(iv) Restriction.--Except as provided in subparagraph 
            (C), and except where the Commission determines that the 
            manufacturer does not meet the definition of a small batch 
            manufacturer, for any small batch manufacturer registered 
            pursuant to subparagraph (B), the Commission may not 
            require third party testing of a covered product by a third 
            party conformity assessment body until the Commission has 
            provided either an alternative testing requirement or an 
            exemption in accordance with clause (i) or (ii), 
            respectively.
            ``(B) Registration.--Any small batch manufacturer that 
        utilizes alternative requirements or an exemption under this 
        paragraph shall register with the Commission prior to using 
        such alternative requirements or exemptions pursuant to any 
        guidelines issued by the Commission to carry out this 
        requirement.
            ``(C) Limitation.--The Commission shall not provide or 
        permit to continue in effect any alternative requirements or 
        exemption from third party testing requirements under this 
        paragraph where it determines, based on notice and a hearing, 
        that full compliance with subsection (a) or (b) is reasonably 
        necessary to protect public health or safety. The Commission 
        shall not provide any alternative requirements or exemption 
        for--
                ``(i) any of the third party testing requirements 
            described in clauses (i) through (v) of subsection 
            (a)(3)(B); or
                ``(ii) durable infant or toddler products, as defined 
            in section 104(f) of the Consumer Product Safety 
            Improvement Act of 2008 (15 U.S.C. 2056a(f)).
            ``(D) Subsequent manufacturer.--Nothing in this paragraph 
        shall be construed to affect third party testing or any other 
        requirements with respect to a subsequent manufacturer or other 
        entity that uses components provided by one or more small batch 
        manufacturers.
            ``(E) Definitions.--For purposes of this paragraph--
                ``(i) the term `covered product' means a consumer 
            product manufactured by a small batch manufacturer where no 
            more than 7,500 units of the same product were manufactured 
            in the previous calendar year; and
                ``(ii) the term `small batch manufacturer' means a 
            manufacturer that had no more than $1,000,000 in total 
            gross revenue from sales of all consumer products in the 
            previous calendar year. The dollar amount contained in this 
            paragraph shall be adjusted annually by the percentage 
            increase in the Consumer Price Index for all urban 
            consumers published by the Department of Labor.
        For purposes of determining the total gross revenue for all 
        sales of all consumer products of a manufacturer under this 
        subparagraph, such total gross revenue shall be considered to 
        include all gross revenue from all sales of all consumer 
        products of each entity that controls, is controlled by, or is 
        under common control with such manufacturer. The Commission 
        shall take steps to ensure that all relevant business 
        affiliations are considered in determining whether or not a 
        manufacturer meets this definition.
        ``(5) Exclusion from third party testing.--
            ``(A) Certain printed materials.--
                ``(i) In general.--The third party testing requirements 
            established under subsection (a) shall not apply to 
            ordinary books or ordinary paper-based printed materials.
                ``(ii) Definitions.--

                    ``(I) Ordinary book.--The term `ordinary book' 
                means a book printed on paper or cardboard, printed 
                with inks or toners, and bound and finished using a 
                conventional method, and that is intended to be read or 
                has educational value. Such term does not include books 
                with inherent play value, books designed or intended 
                for a child 3 years of age or younger, and does not 
                include any toy or other article that is not a book 
                that is sold or packaged with an ordinary book.
                    ``(II) Ordinary paper-based printed materials.--The 
                term `ordinary paper-based printed materials' means 
                materials printed on paper or cardboard, such as 
                magazines, posters, greeting cards, and similar 
                products, that are printed with inks or toners and 
                bound and finished using a conventional method.
                    ``(III) Exclusions.--Such terms do not include 
                books or printed materials that contain components that 
                are printed on material other than paper or cardboard 
                or contain nonpaper-based components such as metal or 
                plastic parts or accessories that are not part of the 
                binding and finishing materials used in a conventional 
                method.

            ``(B) Metal component parts of bicycles.--The third party 
        testing requirements established under subsection (a) shall not 
        apply to metal component parts of bicycles with respect to 
        compliance with the lead content limits in place pursuant to 
        section 101(b)(6) of the Consumer Product Safety Improvement 
        Act of 2008.''.
    (b) Prohibited Act.--Section 19(a)(14) of the Consumer Product 
Safety Act (15 U.S.C. 2068(a)(14)) is amended by striking the period 
and inserting ``, or to subdivide the production of any children's 
product into small quantities that have the effect of evading any third 
party testing requirements under section 14(a)(2);''.
SEC. 3. APPLICATION OF AND PROCESS FOR UPDATING DURABLE NURSERY 
PRODUCTS STANDARDS.
    (a) Updating Standard.--Section 104(b) of the Consumer Product 
Safety Improvement Act of 2008 (15 U.S.C. 2056a(b)) is amended by 
adding at the end the following:
        ``(4) Process for considering subsequent revisions to voluntary 
    standard.--
            ``(A) Notice of adoption of voluntary standard.--When the 
        Commission promulgates a consumer product safety standard under 
        this subsection that is based, in whole or in part, on a 
        voluntary standard, the Commission shall notify the 
        organization that issued the voluntary standard of the 
        Commission's action and shall provide a copy of the consumer 
        product safety standard to the organization.
            ``(B) Commission action on revised voluntary standard.--If 
        an organization revises a standard that has been adopted, in 
        whole or in part, as a consumer product safety standard under 
        this subsection, it shall notify the Commission. The revised 
        voluntary standard shall be considered to be a consumer product 
        safety standard issued by the Commission under section 9 of the 
        Consumer Product Safety Act (15 U.S.C. 2058), effective 180 
        days after the date on which the organization notifies the 
        Commission (or such later date specified by the Commission in 
        the Federal Register) unless, within 90 days after receiving 
        that notice, the Commission notifies the organization that it 
        has determined that the proposed revision does not improve the 
        safety of the consumer product covered by the standard and that 
        the Commission is retaining the existing consumer product 
        safety standard.''.
    (b) Application of Standard.--Section 104(c) of the Consumer 
Product Safety Improvement Act of 2008 (15 U.S.C. 2056a(c)) is amended 
by redesignating paragraph (3) as paragraph (4) and inserting after 
paragraph (2) the following:
        ``(3) Application of any revision.--With respect to any 
    revision of the standard promulgated under subsection (b)(1)(B) 
    subsequent to the initial promulgation of a standard under such 
    subsection, paragraph (1) shall apply only to a person that 
    manufactures or imports cribs, unless the Commission determines 
    that application to any other person described in paragraph (2) is 
    necessary to protect against an unreasonable risk to health or 
    safety. If the Commission determines that application to a person 
    described in paragraph (2) is necessary, it shall provide not less 
    than 12 months for such person to come into compliance.''.
SEC. 4. APPLICATION OF SECTION 106 TO FDA-REGULATED PRODUCTS.
    Section 106(a) of the Consumer Product Safety Improvement Act of 
2008 (15 U.S.C. 2056b(a)) is amended by inserting ``or any provision 
that restates or incorporates a regulation promulgated by the Food and 
Drug Administration or any statute administered by the Food and Drug 
Administration'' after ``or by statute''.
SEC. 5. APPLICATION OF PHTHALATES LIMIT.
    (a) Accessible, Plasticized Component Parts.--Section 108 of the 
Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 2057c) is 
amended--
        (1) by redesignating subsections (c) through (e) as subsections 
    (e) through (g), respectively; and
        (2) by inserting after subsection (b) the following:
    ``(c) Application.--Effective on the date of enactment of this Act, 
subsections (a) and (b)(1) and any rule promulgated under subsection 
(b)(3) shall apply to any plasticized component part of a children's 
toy or child care article or any other component part of a children's 
toy or child care article that is made of other materials that may 
contain phthalates.
    ``(d) Exclusion for Inaccessible Component Parts.--
        ``(1) In general.--The prohibitions established under 
    subsections (a) and (b) shall not apply to any component part of a 
    children's toy or child care article that is not accessible to a 
    child through normal and reasonably foreseeable use and abuse of 
    such product, as determined by the Commission. A component part is 
    not accessible under this paragraph if such component part is not 
    physically exposed by reason of a sealed covering or casing and 
    does not become physically exposed through reasonably foreseeable 
    use and abuse of the product. Reasonably foreseeable use and abuse 
    shall include swallowing, mouthing, breaking, or other children's 
    activities, and the aging of the product.
        ``(2) Limitation.--The Commission may revoke an exclusion or 
    all exclusions granted under paragraph (1) at any time and require 
    that any or all component parts manufactured after such exclusion 
    is revoked comply with the prohibitions established under 
    subsections (a) and (b) if the Commission finds, based on 
    scientific evidence, that such compliance is necessary to protect 
    the public health or safety.
        ``(3) Inaccessibility proceeding.--Within 1 year after the date 
    of enactment of this subsection, the Commission shall--
            ``(A) promulgate a rule providing guidance with respect to 
        what product components, or classes of components, will be 
        considered to be inaccessible for purposes of paragraph (1); or
            ``(B) adopt the same guidance with respect to 
        inaccessibility that was adopted by the Commission with regards 
        to accessibility of lead under section 101(b)(2)(B), with 
        additional consideration, as appropriate, of whether such 
        component can be placed in a child's mouth.
        ``(4) Application pending commission guidance.--Until the 
    Commission promulgates a rule pursuant to paragraph (3), the 
    determination of whether a product component is inaccessible to a 
    child shall be made in accordance with the requirements laid out in 
    paragraph (1) for considering a component to be inaccessible to a 
    child.''.
SEC. 6. AUTHORITY TO MODIFY TRACKING LABELS REQUIREMENT.
    Section 14(a)(5) of the Consumer Product Safety Act (15 U.S.C. 
2063(a)(5)) is amended--
        (1) by striking ``Effective 1 year'' and inserting ``(A) 
    Effective 1 year'';
        (2) by redesignating subparagraphs (A) and (B) as clauses (i) 
    and (ii), respectively; and
        (3) by adding at the end the following:
    ``(B) The Commission may, by regulation, exclude a specific product 
or class of products from the requirements in subparagraph (A) if the 
Commission determines that it is not practicable for such product or 
class of products to bear the marks required by such subparagraph. The 
Commission may establish alternative requirements for any product or 
class of products excluded under the preceding sentence consistent with 
the purposes described in clauses (i) and (ii) of subparagraph (A).''.
SEC. 7. IMPROVED PRODUCT IDENTIFICATION FOR PUBLIC DATABASE.
    Section 6A(c) of the Consumer Product Safety Act (15 U.S.C. 
2055a(c)) is amended--
        (1) in paragraph (3)(A), by inserting ``or paragraph (5)'' 
    after ``paragraph (4)(A)'';
        (2) in paragraph (4)(A), by striking ``determines that the 
    information in such report or comment is materially inaccurate, the 
    Commission shall--'' and inserting ``receives notice that the 
    information in such report or comment is materially inaccurate, the 
    Commission shall stay the publication of the report on the database 
    as required under paragraph (3) for a period of no more than 5 
    additional days. If the Commission determines that the information 
    in such report or comment is materially inaccurate, the Commission 
    shall--''; and
        (3) by adding at the end the following new paragraph:
        ``(5) Obtaining certain product identification information.--
            ``(A) In general.--If the Commission receives a report 
        described in subsection (b)(1)(A) that does not include the 
        model or serial number of the consumer product concerned, the 
        Commission shall seek from the individual or entity submitting 
        the report such model or serial number or, if such model or 
        serial number is not available, a photograph of the product. If 
        the Commission obtains information relating to the serial or 
        model number of the product or a photograph of the product, it 
        shall immediately forward such information to the manufacturer 
        of the product. The Commission shall make the report available 
        in the database on the 15th business day after the date on 
        which the Commission transmits the report under paragraph (1) 
        and shall include in the database any additional information 
        about the product obtained under this paragraph.
            ``(B) Rule of construction.--Nothing in this paragraph 
        shall be construed to--
                ``(i) permit the Commission to delay transmission of 
            the report under paragraph (1) until the Commission has 
            obtained the model or serial number or a photograph of the 
            consumer product concerned; or
                ``(ii) make inclusion in the database of a report 
            described in subsection (b)(1)(A) contingent on the 
            availability of the model or serial number or a photograph 
            of the consumer product concerned.''.
SEC. 8. SUBPOENA AUTHORITY.
    Section 27(b) of the Consumer Product Safety Act (15 U.S.C. 
2076(b)) is amended--
        (1) in paragraph (3), by inserting ``and physical'' after 
    ``documentary'';
        (2) in paragraph (8), by striking ``and'';
        (3) by redesignating paragraph (9) as paragraph (10) and 
    inserting after paragraph (8) the following:
        ``(9) to delegate to the general counsel of the Commission the 
    authority to issue subpoenas solely to Federal, State, or local 
    government agencies for evidence described in paragraph (3); and''; 
    and
        (4) in paragraph (10) (as so redesignated), by inserting 
    ``(except as provided in paragraph (9))'' after ``paragraph (3)''.
SEC. 9. DEADLINE FOR RULE BY CONSUMER PRODUCT SAFETY COMMISSION ON 
STANDARDS FOR ALL TERRAIN VEHICLES.
    The Commission shall issue the final rule described in section 
42(d) of the Consumer Product Safety Act (15 U.S.C. 2089(d)) not later 
than 1 year after the date of enactment of this Act.
  SEC. 10. TECHNICAL AMENDMENTS.
    (a) CPSA.--Section 14 of the Consumer Product Safety Act (15 U.S.C. 
2063) is further amended by redesignating the second subsection (d) as 
subsection (i).
    (b) CPSIA.--Section 101(a)(1) of the Consumer Product Safety 
Improvement Act of 2008 (15 U.S.C. 1278a(a)(1)) is amended by striking 
``(as defined in section 3(a)(16) of the Consumer Product Safety Act 
(15 U.S.C. 2052(a)(16)))'' and inserting ``(as defined in section 3(a) 
of the Consumer Product Safety Act (15 U.S.C. 2052(a)))''.
  SEC. 11. EFFECTIVE DATE.
    Except as provided otherwise, the amendments made by this Act shall 
take effect on the date of enactment of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```